The Sun.
London, England, 1849-07-25 00:00:00

Austrian reinforcements under RAMBERG shared in
the disgrace of their repulse—seeing that RemßEßG's
division advanced (on the 3d) from Pesth, and that
the Russians under PASKEWITCH were forced back
from Waitzen towards Pesth—Pesth being only dis-
tant about an hour's drive from the spot to Nvhich
they retreated, namely, Duna Keesh. So muc% for
the last triumph of the Austrians, and their allies the
Russians —a triumph which, on examination, turns
out, like so many of their preceding victories, to have
terminated in their complete and ignominious dis-
comfiture.

While this satisfactory information is arriving from
the seat of war, we can point with a pardonable
satisfaction to the gradual increase of our Testimonial
expressive of English sympathy for the heroic. Hun-
garians. The amount is still, we are rejoiced to
say, gradually accumulating, and we are more than
ever sanguine that in the end it will he mndered
sufficient to enable the hussars at Folkatone to
return to their countrymen to share in the defence of
th? noble land of their birth--the land consecrated
by their blood and liberated by their victories.

As the time for her MAJESTY'S visit to Ireland
draws near, public attention, already gratifies with
contemplating the event itself, seems t) be occupied
with speculations regarding various details of the
proposed expedition. How the QUEEN should be ad-
dressed, an Irish contemporary has already taught
us ; but plausible as his suggestions are, they are, to
our thinking, deficient in tact and good taste, two very
important qualities in political and, indeed, in all
social matters. These suggestions are to ff.() effect,
that loyal, and affectionate, and respectful as the
various addresses to be presented to Queen VICTORIA
by her Irish lieges should be, nevertheless they
shculd be administered cum grano sails. The long
list of Dish grievances should be gracefully inter-
woven
into the hospitable welcome—the lips
of the loyal speakers should be wreathed
with smiles, while their eyes should glance daggers of
reproach. These and similar suggestions are, we
doubt not, inspired by the best of feelings, by a pa-
triotism zealous for the national welfare, and a nobly
independence that would scorn to veil with a courtier's
flattery the indignation excited by real or supposed
wrongs. Still, honouring suchi, sentiments, as W 9
anxiously solicitous
us as we are—
to theunquesftuionnaabslmy
much as
as
any
" repal,er or rebel of them
all—for the welfare and happiness of Ireland—we
' cannot but consider such suggestions as most; un-
suitable and ill timed. Her MAJESTY'S visit, like a
LORD MAYOR'S dinner, has "nothing to do with
politics." Political speeches are as out of place and
as mauvais ton in the one case as in the other. If the
Irish people, or any other subjects of the Crown,
deem it advisable that their peculiar grievances should
be particularly brought under notice of the
SOVEREIGN in her capacity of legislator, the
road is open—let them petition Parliament.
There is, to our thinking, something most un-
courteous and ungenerous in the idea of assailing
her MAJESTY individually with a catalogue of
grievances, which she, individually, is incapacitated
from remedying. It is, however, unnecessa7.y to
enter into an argument against a subject as visionary
as the giants of " Don Quixete." We cannot think
for a moment that the advice alluded to will be acted
upon, and even if it were the public addresses are
the least important part of the national welcome.
That welcome will be proffered to Queen VICTORIA,
not by a few officials, but by an entire people. She
will recognise it in the hearty eloquence of the
untutored brogue and the glad enthusiasm of honest
faces, " albeit unused to the courtly' mood."
The facetious Punch has in this, as in many
things, been more ihbppy in his suggestions than
his (so-called) wiser contemporaries. " Sure, sisther
dear (says Hibernia to the royal Britannia), it's not
what you've been accustomed to exactly, but anyhow
ye're welcome !" If, therefore, the formal addresses,
in accordance with the above-mentioned suggestions,
should remind her MAJESTY that the state of Ireland
is not like that of the country she has been. accus•
toured to " exactly," the unkindly remark will be
drowned in the popular rejoinder, " but anyhow ye're
welcome! Anyhow her MAJESTY will be welcome,
more truly welcome than any sovereign in those
good old times when kings were kings and The
People existed not. Our Q,nEurq, the constitutional
Queen of the British empire, which empire though
it be, yields to neither republican France nor
emancipated America in liberty and democratic
blessings our QUEEN goes from one part
of her dominions to another, not, like the absolute
autocrat, to alter laws at pleasure, but she goes—
' the type of the unity of the sister kingdoms—to bind
together the broken links of that (hardly to be called)
international amity which should, and, we trust, ere
long, will, constitute the glory and happiness of
England and Ireland. Hoping this, believing this,
we say to the framers of the Irish addresses—we
who, no less than themselves, have the happiness of
Ireland at heart—for the sake of that happiness, let
bygones be bygones ! The injunction is, we may
be sure, unneeded, and henceforth, after her BIA.
JESTY has passed over it, St. George's Channel will,
as commerce teaches us all seas should do—

" But serve to join the kingdoms it divides."

A more mischievous error can hardly be imagined
than the habit of regarding matters which occur in
Ireland as exclusively Irish, and those which occur
in England as exclusively English, merely on account
of the locality in which they have taken place ;
whereas, in truth, there is scarcely an occurrence of
importance in any part of the three kingdoms which
may not justly be regarded as of imperial interest,
and which does not make itself felt in every corner of
the United Empire.
A matter which has lately occurred in the Court I
of Common Pleas in Ireland, and which was brought
before the House of Commons, by petition, during
the past week, affords a strong illustration of the
soundness of this maxim. The principle involved
appears at the first view to be exclusively Irish, but
there never was a question mentioned in that House
which more nearly touches the interests and the
pockets of the industrious classes in this country.
The point at issue was the legality of unequal tax-

CASE OF CAPTAIN DOUGLAS.—A brief announce-
ment which has been recently going the rounds of the
metropolitan and provincial journals, and which has
been duly published in our own columns, will, no
doubt, have already attracted the public attention and
have recalled to mind the painful circumstances
connected with this monstrous case of injustice.
That announcement was to the effect that the verdict
pronounced on Captain Douglas is about to undergo
revision. How much the demand made by that
gallant and honourable gentleman for a revision of his
sentence is justified, may be seen at once from a fact
which we here, we believe, announce for the first
time—the fact (for such we understand it to be)
that the verdict against Captain Douglas was decided
only by a majority of ONE.

EMIGRATION MAP OF THE WORLD.—An admirable
map, on Mercator's plan, has just been published for
Smith Evans, by B. R. Davies. It fills up a hiatus,
at the existence of which we have long wondered—
pourtraying every portion of the globe belonging to
the British empire—on whose territory the sun lite-
rally never sets. The map is altogether quite in-
valuable.

SHARPE'S CORRESPONDING MAPS. A copious
index to this novel and ingenious atlas has just
appeared ; and completes the very useful labours of
the projector, Mr. John Sharpe. We congratulate
him on the successful termination of his undertaking.
THE NEW HAND MAP OF IRELAND ; SHOWING
THE PROPOSED ROUTE OF HER MAJESTY.—Nothing
could have been more apropos than the issue of this
map by the spirited publisher of the "British Ga-
zetteer." It is admirably got up, cheap in price,
and contains, besides Ireland and the course of her
Majesty's route, an excellent Map of Englani and
Wales, with all the railways laid down. Tourist:,
and all who are interested either in the welfare of
Ireland or in her Majesty's progress, could not do
better than provide themselves with this pleasing
pocket companion.

THE MERCHANT TAYLORS' MAGAZINE.

No. I.

Another shilling magazine has sprung into existence
in the form of this amusing little aspirant for public
favour. As an initial number the one just published
in anticipation of the August periodicals is peculiarly
meritorious; and we can augur well for its prosperity
if the subsequent instalments be only proportionately
meritorious. Almost every one of the inaugurative
contributions is characterised by its hilarity, and the
tone throughout is singularly genial and pleasant.

TESTIMONIAL
TO THE HUNGARIAN REFUGEES,

" THE HUNGARIAN NATION COUNTS ON THE SYMPATHY
OF EVERY NATION "WHICH LOVES RIGHT AND Ll-
BERTY."—Kossuth's Protest against Russian Intel yen-
lion.

ation ; whether, in fact, Parliament is still bound, as
it unquestionably was in the earliest times, to tax
every subject of this realm secundum statum et
facultates. This is a principle which we have
often maintained; it is one in which the
true interests of the industrious classes in England
are probably more deeply concerned than in any
other, it is one also in which the owners of property,
if they understood their own true interests, would,
above all other bodies in the kingdom, be called upon
by self-preservation to sustain.
' The legal question was raised in this manner. A
distress having been made for pcor-rate, the owners 1-
of the goods " replevied," and commenced an action Richar.
in " replevin " against the guardians of the union. An Enemy
The guardians put in an " avower," justifying the dis- SuabtstchrtepLtioonnL
tress under a certain statute. The plaintiff re-
II Morris S. Oppenheim,
plied that the statute on which the guardians lA. 11. Kinglake, Esq. .
relied for justification was void, being in di- j Sergeant Storks ..,
rect conflict with the seventh article of the Thomas Chamberlain ...
treaty of Union, which ordained " that all public Five Gilders, Gray's Inn-road ...
expenses of every kind were to be defrayed indis- G. P., Glasgow
criminately by equal taxes on the like articles in both A Few Friends, per W. W. -
countries—that is, by a uniform taxation." The plea A
IN. eedrii,,,Lo,yal Subi
in bar also alleged " that the treaty of Union was w
a fundamental law, constituting the Imperial Par-
liament, and appointing and limiting its power of
taxation in a manner which it could not legally
violate; and that having done so by authorising the
levy of the tax for which the distress had been made,
it had inadvertently exceeded its legal powers, and
that a statute so made was to be controlled by the
treaty of Union, which originally constituted the
United Parliament, and marked out and limited its
powers."
To this unusual, but very intelligible plea, the
guardians put in a general demurrer, and issue having
been joined in demurrer, the case was called on for
argument in the Court of Common Pleas in Dublin
in the usual course. The judges, however, of that
court refused to hear argument ix support of that
plea, because it alleged that Parliament was omnipo- * Here, at any rate, is the latest, and not the least striking
illustration of the Widow's Mite.
tent. They called upon the counsel for the plaintiff • iNiislaid fora day or two, in consequence of the number of
to show cause why the plea should not be taken off
communications.
y tearin
the file, interrupted him on every occasion that he
***All further Post-office orders to be made payable to Murdo
attempted to sustain his case, and ended b Young, Esq., at the Money Order Office, Strand.
from the files of the court the plaintiff's plea in begr ARRIVAL Or THE 70TH REGIMENT IN INDIA.—The
solely because it alleged that there was a legal limit following ships, with port:
,ors
the powers of Parliament..ors of the 70th Regiment on
board, arrived at Calcutta:—The Dudbrook, May 12;
Lord Dalhousie, May 16; City of Poonah, May 17;
Now, the question of the boundaries of Parlia. §oubandur, May 22; Cotfied, May 14.

Subscriptions may be sent to the following bankers:—
Messrs. Coutts and Co.
Messrs. Drummond.
Messrs. Smith, Payne, and Smith ;
or to any one of the members of the committee recently
Formed to carry out the Testimonial.

Subscriptions already received ... .
Mr. G. W. M. Reynolds, of " Reynolds's Miscel-
lany " ... ... 1 1 0
Richard Jones ... 0 0 6
An Enemy to Russian Interference ... 0 1 0
Subscription collected at the meeting on Monday,
at the London Tavern
...*2O 7 3i
Morris S. Oppenheim, Esq. ... 0 5 0
A. 11. Kinglake, Esq. ... .. 5 0 0
Sergeant Storks ... ... 1 0 0
Thomas Chamberlain ... 0 11 0
Five Gilders, Gray's Inn-road 0 2 6
G. P., Glasgow ... ... 0 5 0
A Few Friends, per W. W. ... 1.0 10 0
A Needy Loyal Subject ... ... 0 1 0
A Few Working Men who Thi^k 0 6 0
J.
A Few Friends at the Harcourt Arms ... 0 3 6
A Baptist ... ... ... ... 0 7 6
A Few Friends at the Craven Arms, Marshal-
street, Golden-square ... .. 0 14 0
A Few Friends of Hungary and Poland .. 0 5 0
A. Fennell ...
... 0 2 6
Friends to Hungary, per J. G. (the amount being
colected in Is. subscriptions) ~, ... 5 5 0
Friends to Hungary, 3d donation 0 4 0
Two English Ladies who hate and abhor the
unmanly Austrian flogging, and sympathise
for the cause of the brave Hungarians
R. C. ... ... ...
Clio ...
Per George Smith ...
Robert Wm. Ellis, Colston• parade, Bristol

...325 2 1

... 1 1 0
••• 1 1 0
-0 9 6
-0 5 0
... 0 10 6

Total

£359 4 4i

inentary jurisdiction has been argued in our English
courts of law from the earliest times, and our Eng•
lisb judges have never refused to take the subject into
their most serious consideration. In BONHAM'S case
(8 Report, p. 118) Sir EDWARD CORE and the entire
Court of Queen's Bench decided " that a statute may
be utterly void ;" and Chief Justice HOLY, and the
then judges, subsequently declared (City of London
v. Wood, Mod. 687) the decision in BONHAM'S case
to be perfectly sound and unquestionable. In the
case of DAY V. SA VADGE (Hobart, p. 87) the
same principle was laid down in the most
positive manner, and up to this hour the question of
the extent of Parliamentary jurisdiction remains one
of the open questions which occupy the minds of
jurists, and which all courts are bound to consider, if
brought properly before them.
But the judges of the Common Pleas in Ireland
not only refused to listen to any argument on the
subject that had been so frequently argued in the
English courts, but they would not even allow a
pleading which mentioned it to remain upon their
file. The manner in which they received the case,
and the mode in which they disposed of it, may be
judged of by the following extract from the authenti-
cated report of the case :

•• Mr. Ellis—Why should this case be treated differ
ently from ordinary arguments? Surely it is to be
governed by other cases previously decided; and i❑ the
case of Marryat v. Wilson,' a right granted by treaty
was taken away by statute; yet the twelve judges of
England set up the right granted by treaty, notwith-
standing the statute. They thus decided that a statute
was inoperative to destroy a right secured by treaty. A
similar rule was made in the case of Sutton v.
Sutton.' If Ibe allowed to do so, lam prepared to
establish every legal proposition in my plea by autho-
rities of the highest and most unquestioned character.
Lord Mansfield
" Mr. Justice Ball—But we aro not Lord Mansfield.
Go and argue the case before Lord Manejield, if you can
find him."

If Judges thus assume the power to forbid, upon
' their own motion, any defence which they may be
iindisaosed to hear, to take in this manner a pleading
off their files, and by so doing to prevent the possibi-
lity of an appeal, there is an. end to all safety for life
lor property. This mode of dealing with a defence
l properly pleaded has never yet been attempted in
LI this country, and we hope that it never will. But to
1 , protect the rights of English suitors it is necessary
to notice this proceeding on the part of the Court of
Common Pleas in Ireland, which, if generally fol-
lowed, would render each court an absolute and irre-
-1 sponsible tribunal, whose decisions would be final and
conclusive, and from which there could be no appeal.
Mr. HERCULES Ems, the counsel for the plaintiff
in this case, subsequently petitioned the House of
Commons for a restoration of his professional privi-
lege to defend his client and support his plea by ar-
gument is open court. The Petition Committee,
however, for reasons best known to themselves, did
not deem this petition worthy of being printed. It
was last week moved by the Honourable Member for
Yt,uglial that the petition of Mr. ELLts should be
printed. The motion was, however, opposed by
Ministers, and negatived. The constitutional right
of a British subject to lay his grievances, in decorous
and respectful language, before the representatives of
the people has thus been infringed upon.
We shall not offer any further comment on the
proceeding of the Judges of the Irish Court than
that it appears to constitute a most dangerous prece-
deni-, which should be earnestly protested against, in
the strongest terms ; but with respect to the subject
matter of the plea, wLich asserts the illegality of un-
equal taxation, and alleges that principle to be sus-
tained by fundamental law, which we have so often
declared to be called for by equity and common
sense, it is worthy of the most serious and attentive
consideration.