The Sun.
London, England, 1838-12-13 00:00:00

THE SUN, LONDON, THURSDAY, DECEMBER 13, 1838.

good luck to receive from this munificent Town-
council a douceur, in the shape of a bond for 4,5001.,
payable with interest in four yearly instalments. Find-
ing his worthy patrons, however, not sufficiently punc-
tual in their payments, he has sued them on the
said bond, obtained a judgment against them, and
made a clean sweep of all their personals !
What is, if possible, still worse, as all that the
Sheriff's officer could lay his claws upon will go but a
small way to satisfy the grateful Town-clerk's claim,
the real property of the Corporation must share the
same fate. The lands and tithes must go. Such is the
upshot of a three years' Tory Government in the re-
nowned borough of Poole !

The members of the Westminster Reform Society
agreed last night to an address to Lord DURHAM,
which will be found in another place. His Lordship's
answer shall appear when it reaches us.

The merchants of Liverpool, following the example
of the merchants of the Metropolis, have addressed a
memorial to Lords MELBOURNE and PALMERSTON,
praying her MAJESTY'S Government to adopt mea-
sures for the pacification of the Peninsula. Such
a proceeding is highly creditable to the hu-
manity of the mercantile community of this
country ; nor are we without a hope that it will
powerfully influence the future conduct of the Ca-
binet in reference to this important question. It is
now four years since we predicted that without the
direct intervention of England and France—or at
least of one or other of these Powers—the civil
war in Spain would continue till it had com-
pletely worn out the resources and the civilization of
the Peninsula. The rules of civil warfare applicable to
any other country in Europe must be reversed in the
case of Spain. There a battle decides nothing but the
momentary weakness of the party defeated. The
victors never dream of following up the advantage they
have gained, but, like the Arabs of the Desert, leave
the enemy to recruit their strength at leisure. A
quarrel is as much an inheritance in Spain
as an estate, and we dare affirm that there
there are thousands of those who have drawn
the sword for, and against, Queen Isma ELLA 11., who
would deem it as:criminal to be over-hasty in extin-

guishing the right of an heir to the one as the other•
Hence it is that after a war of five years' continuance,
the state of the contest in Spain is precisely—as
far, we mean, as regards the principle involved
in it—in the same position as it was at the

commencement. This was foreseen by M. TRIERS,
when Minister for Foreign Affairs ; but whether
the CITIZEN KING was apprehensive that the
speedy triumph of the Constitutional cause in the
Peninsula would lead to some fresh Republican
movement at .home ; or whether he wished to profit
by the crimes of the Spanish Liberals in the
repression of the principles of that party in France ;
or whether, actuated by more mercenary views,
he deemed it the interest of France to prolong
a stcuggle likely to enrich the merchants along
the frontier with the gold of the Northern Powers
sent as subsidies to Don CARLOS—his MA-
JESTY at least put a veto upon the recommendations
of his Minister. It would appear, however, from
the French Journals received yesterday and to-
day, that our Government has not been re-
gardless of the representation made to it by
the merchants of London. According to these
organs, it is positively affirmed in Paris that
our Government has intimated to the French Cabinet,
that an active intervention in Spain has become inevi - li
table ; and that, whether assisted or not, England is
prepared to restore the tranquillity of the Penin-
sula at any sacrifice. This notification is reported
to have given rise to an active correspondence
between the Courts of St. James and the Tuile-
ries. The memorial of the merchants of Liverpool,
of which we subjoin a copy, appears therefore in good
time ; and will doubtless accelerate a conclusion become
necessary to the welfare of Europe
_ _

•' My Lords—We the undersigned merchants of Liver-
pool, having observed with feelings of the highest gratifica-
tion a memorial that has been presented to your Lordships,
having for its object the pacification of Spain, so long dis-
tracted by a sanguinary and savage warfare, do most cordially
support the prayer of that memorial, and trust that her Ma-
jesty's Government, co-operating with the other leading Pow-
ers of Europe, will use every means that their wisdom may
direct, in aiding the pacification of that distracted country.
" We, as well as the merchants who signed the petition
from the city of London, are men of all opinions in politics,
but on this subject one common feeling of humanity alone
inspires us ; and that feeling we are confident will be loudly
responded to not only by your Lordships, but by every humane
man who has ever directed his attention to the woful scenes that
have for so long a time been enacting in the Peninsula.
" We have the honour to be your Lordships' most obedient,
humble and devoted servants,

" (Signed by the Mayor, Aldermen, and leading
Merchants of Liverpool.)
" To the Right Hon. Lord Melbourne
and Lord Palmerston."

The following paragraph is pregnant with instruc
ion :

Not many years ago it was the general fashion in France to
turn convents into manufactories, but it appears, from the
Observateur de PAisne, that manufactories are now about to
be turned into convents. According to this Journal four eccle-
siastics have purchased the ground and buildings of an ancient
spinning-mill at Chauny, and are about to convert it into a
seminary, in connection with that of St. Acheul, near Amiens;
while near Cambray an old and magnificent convent, which had
been formed into a post-house, is about to be made the grand
seminary of the diocese.—Galignani's Messenger.
_ _

In fact religion has become fashionable in France,
and there are often as great crowds in the Churches of
Paris to hear a favourite preacher, as at the theatre to
see a favourite actor. At present, as every body
knows, the Church in France is in a state of great
comparative poverty, toleration is general, the Priests
are obliged to be diligent, and the practices of
religion are reviving in the land. From the hearts
of the people the sentiment never could be banished.
It is as much a component part of man's mind as his •
head is of his animal frame. France was only infide 1
when she had an opulent Church Establishment.
When Bishops crowded at the Royal Levee—when
Priests swarmed in the streets—when toleration was
unrecognised—when the Clergy formed an order in
the State, and were consulted by Statesmen—or when,
in short, the Church of France bore a very close
resemblance to the present Established Church of
England, and the State was governed, as our
State is, with a view to the satisfaction of the
Priesthood, then those infidel writings, with which
VOLTAIRE, DIDEROT, and the authors of that
school inundated Europe, were circulated, and
prepared for the overthrow of that unreformed politica
contrivance which had been palmed on the French as
religion and Government. The persecuting, hypocri-
tical, corrupt, and profligate Church in France was the
true author of all the irreligion which prevailed among
her writers and her people, and the main cause of her
frightful revolution. Now, when it exists no more, the
people are every day becoming more orderly, obedient,
and religious, Qur Church is avowedly a mere
political instrument, as was the French Church, che-
rished because it is opposed to reform. Those who pretend
to love it,
madly make it the ban ier against progress, and
place it in opposition to nature. Their success would
be the sure forerunner of infidelity, irreligion,and terrible
revolution, such as were caused by the sister Establish-
ment in France.

The unanimity of opinion which prevails among
those most conversant with our foreign relations, re-
specting policy which our Government is
called
pt towards Russia, must be gratify-
ing to those who, like ourselves, have laboured for
up
o t
to lineado of

years, in the teeth of all sorts of opposition and re-
monstrance, to stimulate an apathetic public to the in-
quiry requisite to produce such a result. To fix the
attention of the people of England to the solution of a
question of foreign policy, if unconnected with a state
of actual warfare,. or the occurrence of some such
stirring incidents, is a task of no ordinary magnitude.
Convinced by long experience that they have nothing
to fear from the hostility of other nations, the bulk of
the English people pay more regard to the proceedings
of a select vestry than to the latent and avowed policy
of half the Cabinets of Continental Europe ; and pro-
vided they can but controul the expenditure of a cor-
poration, hardly ever trouble their heads about the
settlement of questions which at some future day it
may cost them loads of treasure, and rivers of blood,
to adjust successfully. The more, however, sound
political intelligence becomes diffused among them, the
readier will they be to perceive that it is as much their
interest to attend occasionally to questions of foreign
as of domestic policy ; and that an acquaintance with
the political relations of England with other States,
whether in the way of trade or otherwise, is not in-
compatible with the strictest attention to the minutest
details connected with the position of parties, or the
advancement of principles at home. A well-informed,
vigilant people, daring to look:beyond the narrow con-
fines prescribed by faction as the theatre of its grand
achievements, would soon strip diplomacy of the
mystery in which an interested aristocracy has shrouded
it, and by reducing it to a few plain, and easily de-
fined principles, would at once effectually check ag-
gressive ambition, before provocations
,could be given
which would render an appeal to the bloody and ex-
pensive decision of the sword not only necessary but
inevitable. Had the people of England but compre-
hended the past relations of Great Britain with Con-
tinental Europe, they never would have suffered them-
selves to be involved in long and expensive wars to
maintain the dignity of a petty German Electorate, of
which we are now happily rid ; and had they in 1815, or
at anytime between that period and the last revolution in
Poland, understood the relations subsisting, and those
which ought to subsist, between England and Russia,
we would not now have to direct their attention to the
necessity of curbing the ambition of that barbarous
power, even at the risk of consequences which may se-
riously threaten the peace of Europe. Their acquaint-
ance with the details of parochial assessments saves them
sundry shillings ; their knowledge of, and attention to
European politics, would save them many millions,
exclusive of the blood of thousands of their fellow-

countrymen.
These observations have been suggested by the peru •
sal of a host of pamphlets which have appeared on the
question of the dangers which menace British India
from the intrigues of Russia in Central Asia, of which
the latest is entitled " Russia versus India, by an
Old Indian," upon the general scope and tendency of
which we wish to offer a few remarks. In the spirit
of the general line of policy recommended by " An
Old Indian," we entirely agree; although we look
upon all that he has urged to show that a direct inva-
sion of our Indian empire by Russia is not now con-
templated by that all-grasping Power, as so much
argument thrown away. An open invasion of
India by a Russian force is dreaded by no per-
son. All that has been contended for is the bare possi-
bility of the succees.of intrigues designed to stimulate the
Persians, the Afghans, and the various military tribes
along the North Western frontier of British India to
involve us in a general war, the flames of which would
spread over the East ; in order that, in the confusion,
Russia might imperceptibly advance her frontier ano-
ther thousand miles. nr so, in the direction of India.
From a possibility this became probable, when we saw
the agents of the CZAR stir up the Shah of PERSIA
to make war upon the Governor of Herat, obviously '
with no other view than to provoke a demonstration
on our part calculated at once to show our weakneSs,
and to involve us in hostilities with Princes at all times
jealous of our interference. This was a danger far
greater than could be reasonably apprehended from a
Russian invasion, however well conducted ; and it was
in this light that the best-informed portion of the Eng.
lish Press regarded it. As the SIIAII has raised the
siege of Herat, the utter failure, for the present, of the
machinations of the Cabinet of St. Petersburg in the
East is, happily, no longer problematical. But while the
navigation of the Black Sea is only open to Russia, the
writer before us deems the position of England at once
perilous and disgraceful. In this we entirely agree.
Now mark the means by which he would recommend
our Government to open it :
Let us demand a formal renunciation of the exclusive right
to the navigation of the Black Sea, given to her by Turkey
in the treaty of Unkiar Skelessi. The Porte would, no doubt,
in gratitude for the aid we afforded her in her late dispute with
Mehemet Ali, cheerfully comply with our wish to cancel the
bond by which she conceded to Russia the undivided cm.
merce in that quarter. Austria and France would rejoice at
an event which would enable them to trade,
as of old, with the
nations occupying the mountainous rrgions between the Black
and the Caspian Seas ; and we ourselves should resume the
far from inconsiderable commercial intercourse which formerly
existed between them and us, and vghich, from the insane po-
licy hitherto pursued towards Russia, we have suffered to cease.
Russia knows her interest too well to try the ultima ratio
with us. Should she, however, prefer an appeal to arms to a
compliance with our just demands, let us see how we may pro-
ceed to enforce them, with a due regard to our national honour,
In the first place, our navy must be immediately increased ;
an addition of at least fifteen sail of the line should be made

to our fleet, and, as soon as the ice begins to move, a squa.
dron of men of war should be despatched to the Baltic to
blockade the Russian ports.
We know well that most of the income of the Russian no-
bility arises from the exports of tallow, turpentine, &c. &c.,
the produce of their estates ; and as the greater portion of
thes7. articles is sent to the English market, a rupture with this
country would produce some disaffection to Nicholas and his
policy amongst the great landowners of his country.
Although the Czar is a despot, he is yet a slave, and the
moment he sets himself in opposition to the interests of the
Boyars, his downfall is sealed.
Austria, by our late happily chosen commercial treaty with
her, is for ever detached from Russia; Turkey has discovered
how hollow is the friendship of her rapacious neighbour; France
has too many interests in common with us to give utterance to
a thought adverse to our coercive policy towards Russia.
Where, then, would Nicholas seek alliance in his contest
with England? In Prussia? She has enough to do to look
after her Rhenish frontier. In Sweden and the northern
states ? All their interests are opposed to Russian domina-
tion ; they would rejoice in his discomfiture.
The echo of the first hostile cannon that we should dis-
charge against Russia, would reverberate along the shores of
the Vistula, with an effect similar to that produced by Cadmus's
husbandry, in the old fable. The suil of Poland would teem
with heroes, reanimated by the cheering hope of British co-
operation, in their renewed struggles, to recover from the Rus•
sian spoiler their dearly-prized but lost nationality.
India would be thus removed from his machinations by the
necessity which we should impose on him of protecting him-
self at home.
We should also effect a powerful; diversion in aid of the
Caucasian tribes, which he has been so long vainly endeavour.
ing to subdue.
There is also another important circumstance in reviewing
the chances of a war with Russia, pregnant with advantage to
this country. The finances of that state are not very flourish-
ing,lweaer
with
t fleets,
ad n will
England.ilfloirlmi
sustainin
g
From her immense size, and the heterogeneous mixture of ne thenew
armies,
additionalrmies,
a ninevitable consequence of
expense of equipping new
tribes, races, and nations, which constitutes her population,
Russia is doomed, at some period
pieces, through mere weakness, from a want of tenacity in its
motley and ill-assorted members. A few shocks. such as she
would sustain in a contest with England, would accelerate
this event, so ardently to be desired by the friends of humanity
in every clime.

To the adoption of this course, or one still less auspi-
cious, Russia will drive us at last. Would it not,
therefore, be better to grapple at once with evils which
arc inevitable, and which become more gigantic the
more we seek to avoid them ?

The funeral of Marshal Count LOB.AU, which was
celebrated with great pomp in Paris on Monday, su-
percedcs Ready every other topic of interest in the
French Journals received this morning• The remains,
of the Marshal were—as an act of special favour on

the part of the KlNG—deposited in the vaults of the
Hotel des Invalides, instead of reposing by the side
of the ashes of Marshals NEY, MASSENA, SUCHET,
LEFEVRE, GOUVION ST. CYR, DAVOUST, SERRU-
RIER, and KELLERMAN, in the cemetery of Pere La
Chaise. But LOBAU was a marshal of Louis PHI-
LIPPE'S creation, which may account for the bestowing
of an honour which we could scarcely conceive any
Marshal of the empire desirous of having paid to his
remains. Nothing was omitted to render the ceremony
grand and imposing. The Dukes of ORLEANS and
NENIOURS and the Prince de JOINVILLE formed
part of the procession, which included 80,000 of the
National Guards of Paris. The interior of the church
was brilliantly lighted, and nothing neglected on the
part of the clergy to inspire the minds of the vast as-
semblage with impressions calculated to awaken them to
a sense of the transitory nature of all human dignities.

Our advices from Madrid arc of the 4th inst., hut
they are wholly unimportant. No progress was made
in the appointment of a Cabinet.

CHANCERY COURT.--(THIS _DAY.)

JUDGMENT.-GREENHALGII V. THE MANCHESTER RAILWAY

COMPANY.

The LORD CHANCELLOR gave judgment to-day in this
case, which was argued on Tuesday last, upon appeal from
the decision of his Honour the Vice-Chancellor, dissolving
an injunction granted ex parte, restraining the defendants
from using certain land for the purposes of their railway,
and also upon an original motion for an injunction. The
Lord Chancellor, after going at considerable length into
the facts of the case, which are already before the public,
stated his opinion to be that the judgment below was cor-
rect, and that the motion for the injunction must be refused,
but without costs.

VICE-CHANCERY.-(THIS DAY.

THE ATTORNEY-GENERAL V. THE MAYOR AND CORPORA

TION OF BOSTON.

The further arguments in this part-heard case, occupied
the Court the whole morning. The principal question in
the case was, whether the Corporation of Boston had the
power to appropriate the joint funds produced by the na-
vigation of two rivers, in Lincolnshire, called the Wellan
and the Witham, to the improvement of the latter alone.

ROLLS' COURT.-(THIS DAY.)

WIIITTAKER V. WHEATLEY : WHEATLEY V. WHITTAKER

JUDGMENT.

Lord LANGDALE gate judgment on this motion at the
sitting of the Court. The motion (made yesderday)
was in behalf of the plaintiff in the cross cause to restrain
all further proceedings in the original cause until an an-
swer to the cross cause was put in. His Lordship said
that was done avowedly for the purpose of preventing the
plaintiff in the original bill from proceeding to compel an
answer to be put into that original bill ; and it struck him
when the application was madeto be one ofa very extraordinary
nature, for it really amounted to this, that in a case where
the plaintiff in the original bill was abroad the defendant
might prevent him from having an answer, by filing a cross
bill. No instance could be found in which the Court
had ever ordered the proceedings in the original
cause to be stayed before the plaintiff in the cross
cause had put in his answer as defendant to the
original bill. There was, therefore, no doubt about
the practice, and nothing would be more contrary to the
common principles of justice than to adopt the principle
contended for in support of the present application, which
was nothing more or less than this—that the defendant to
the original bill, himself abstaining from performing his own
duty (of putting in an answer), might, by so doing, de-
prive the plaintiff in the original cause of a right that be-
longed to him. It seemed out of all reason to suppose
there was such a rule ; and as there was no case ia which
any order of that sort had been made, his Lordship had no
hesitation in refusing the motion with costs.

having been served on the 19th June, at half-put eleven
o'clock, to attend at half-past nine on the 19th June next,
that time had not yet come ; but he would rest his case
upon this, that Mr. Wood was called upon to produce do-
cuments, which were not named, in a cause which might be
called on immediately. The service was clearly bad, no
reasonable time having been allowed for the defendant to
have prepared himself to produce all that was required of him.
Mr WORDSWORTH followed on the same side, and con-
tended that the subpoena was not a valid one, as it was
first taken out on the 14th May, and afterwards altered, first
to the 11th June, and again to the 19th June. In order
to make it valid, it ought to have been resealed.

Mr. ERLE said it was the every day practice of
attorneys to take out subpoenas without date, and
to fill them up when they were wanted. The question of
the reasonableness of the service he entered was one for the
decision of the Jury, and not for the Court.
His LORDSHIP was of opinion that it was a question for
the decision of the Judge, but he had no hesitation in
leaving it to the Jury. He was clearly of opinion that
the subpcena, which was one to produce all the books,
papers, and accounts which had ever existed be-
tween himself and Barber, was served too late.
He was asked to take their opinion of the reasonable-
ness of the service, and with that intimation of his opinion
it was for them to decide the question.
The JURY consulted together for a few minutes, and
then requested his Lordship's opinion upon the point, as
they differed in opinion.

Lord ABINGER. said the case was for their decision.
They were to say whether one or two hours was enough
to enable any person to search for books, papers, and
accounts. They must take a general view of the
matter, and not decide upon any one particular case.
After another consultation the Jury found, as a general
principle, that the time allowed was not reasonable.
Lord ABINGER—I think so, and in the particular case
also. Then I must direct you to find your verdict for the
defendant.
The Jury found accordingly.

VESTRY MEETING, ST. BRIDE'S

(THIS DAY.)

This meeting was convened for the purpose of electirg
ward officers for the ensuing year, Mr. Rich, the Church-
warden, was called to the Chair.

Mr. WOOD wished to ask whether their late members,
who were to be again proposed, had had anything to do in
originating the memorial to the Government, to confer a
prebendary stall on the Rev. Mr. Dale ; and whether they
had signed the petition against the delivery of letters on
Sundays ? He also wished to know whether they were
opposed to the reform of the temporalities of the Church, as
proposed by her Majesty's Government ; and whether they
would support Corporation Reform

Mr. OBBARD, Common Councilman, said his object in
signing the petition against the delivery of letters on Sun-.
days, was that the pour man might have one day of rest in
the week. As fo the other question that had been put,
be would refer to his past past conduct as a pledge for the
future.

Mr. BURN said whenever the Government proposed any
measure he considered beneficial to the country he should
support it. He believed that everybody wished there should
be one day of recreation and rest in the week.
Mr. EDKIN believed the memorial was wholly devoid of

- Mr. TICIENER congratulated the meeting that Mr. Wood
had failed in inducing their representatives to fall down and
worship the present " wise and patriotic Government."--
(Laughter, and cries of " Hear, hear.") -
Mr. BACON regretted this episode had been introduced
to the present meeting, because it had nothing to do with
the object for which they had been called. He would
however, observe that no act of his life had given him,
greater pleasure than that which he felt from having
signed;the petition. He believed it would be a great evil
that the Sabbath should be desecrated by this delivery of
letters, and London inundated with business on that day.
A person asked whether the members of the Common
Council were opposed to the present gas monopoly ?
Messrs. Obbard Burn and Edkin replied it would take
10,0001. to repave the ground in case:an additional company
ehould be allowed to lay down pipes, and the City of
London would have to pay five per cent. on that sum ; and
even Mr. Stevens, who had petitioned against the
monopoly, had been the first, on reading the evidence then
before the Commission of Inquiry on this subject, to sign
the report.
It was then put to a show of hands and carried unani-
mously, that Messrs. Obbard, Burn, and Edkin should be
returned to the Wardmote, to serve the office of Common
Councilmen for the year ensuing ; and those gentlemen re-
spectively returned thanks.

_ A__resnlution was then paszed that the representativea of
St. Bride's be instructed in the Court of Common Council
to apply that a separate account might be kept by the
Chamberlain of the expenditure of the Police•rate for
the parish of St. Bride.

11le meeting then elected constables and inquestmen for
the ensuing year, after which a general meeting will be
held, to take into consideration the presentation of a child
to Christ's Hospital, under the will of Win. Woodward.