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

THE SUN, LONDON, SATURDAY EVENING, JULY 7, 1849,

direct taxation for some of the most oppressive im-
posts, by which the nation had previously been
afflicted. If the national Exchequer was well re-
plenished in 1845—if there was ample employment
for the labouring classes, and that our export trade
was never in a more thriving condition—what was the
state of the country four years previously? Carry
back the comparison to the palmy days of protection
and monopoly, to the year 1841, before any
changes had taken place in the fiscal system.
During the previous year an attempt had
been made to obtain additional revenue by
imposing additional taxation on every species of im-
ports. All the existing duties were increased by 5
per cent.—the duties on the raw materials for our
manufactures, and on articles of food, so dear to the
Protectionist—and yet there was no corresponding
improvement in the receipts. The strongest proof
was exhibited that the figures of arithMetic cannot be
depended on in fiscal matters. Notwithstanding
these extraordinary efforts the national re-
venue was still inadequate to meet the
national expenditure, and we acccordingly find
that, in 1841 there was a deficit of nearly
2,500,000/ ; and yet at that very time the agricul-
turists were protected to the highest degree, indeed
any species of competition was excluded, even on
the most unfavourable terms. The importation of
meat on any terms was absolutely prohibited, and
the "sliding scale" prevented the possibility of intro-
ducing foreign corn save at famine prices. Surely,
the country should then have been prosperous, if
"protection to the native producer" was the mode by
which universal prosperity could be attained.
In 1.842 a great change took place in the fiscal
policy. A direct tax was imposed on income and
property in order to meet the deficiency in the
revenue ; the prohibition against the importation of
cattle or meat was removed ; the duties upon the
raw materials, and upon almost every article of
subsistence, were considerably reduced. Within the
four succeeding years these reductions amounted to
no less than 6,582,000/.; and the result was the
overflowing Exchequer, the general prosperity, and
universal contentment that distinguished the year
1845. Surely the system from which such happy
consequence followed should have been fully
carried out —the principle of direct taxation.
A. further great reduction, with a view to a total
abolition of all indirect imposts, should be gradually
brought into operation. Then, indeed, the people
would be contented, and all classes, as well the agri-
culturist as the manufacturer, would thrive under a
system that rendered England the emporium of the
world, and made her trade, in every respect, free
and unrestricted.

On Wednesday the Marriages Bill passed through
Committee in the House of Commons. A decisive
majority of 53 was obtained on the only division that
took place. The friends of civil and religious liberty
must not, however, relax their exertions; they must
not sink into apathy or carelessness in consequence of
their success. Another attempt will be made on the
third reading either to reject or mutilate the mea-
sure, and it must still pass through all its stages in
the Upper House. Those who desire to coerce the
consciences of their fellow-men, who would compel
others to adopt their own doctrinal views, will not
without a struggle surrender any of the
few remnants of intolerance that still dis-
grace the national statute-book. From the
proceedings on 'Wednesday it is manifest that the
opponents of the Bill cannot be conciliated. No
concessions will induce them to abandon their oppo-
sition, or to submit with a good grace to the con
templated change in the law. The exception to
which the Right Honourable Gentleman the Member
for Bute reluctantly, and as it appears to us, un-
necessarily assented, only evoked a stronger ex-
pression of determined hostility. Why should any
invidious distinction still be maintained ? Why
should the question be embarrassed by imposing a
restriction on such marriages that should not equally
apply to all others ? It may be very proper
to attcmpt to check the crime of adul-
tery by declaring that no marriage
should ever be valid between guilty parties,
but if so, a general measura should be passed for the
purpose, and disgrace and odium should not be need-
lessly cast on those " moral and religious persons"'
who have believed themselves to be justified in form-
ing such connexions. Why should it, even by im-
plication, be held out that an improper intercourse is
more likely to take place between a brother and
sister-in-law than between others ? The solitary
case referred to during the debate was surely not
sufficient to justify the enactment, and even there it

appears that the parties were publicly married within
three weeks after the dissolution of the former mar-
riage. "Extreme cases," it is said, " make bad
precedents ;" and certainly no more extreme case
than the one alluded to could be adduced ;
and ba it remembered that it occurred under the pre-
sent state of the law, to which indeed it might
perhaps, in some degree, be ascribable. Mr. STUART
WORTLEY, by suffering his own better opinion to be
overruled in deference to some ridiculous scruples, has
unwittingly sanctioned an enactment that may lead
to very vexatious and annoying proceedings.
Mr. A. J. B. HOPE, who had previously
published a bulky octavo impugning the
report of the Commissioners, brought forward
an amendment, which, if adopted, would
have completely neutralised the advantages
of the Bill, and destroyed its force. The jurisdiction
of the Ecclesiastical Court, that was found to be so
very obj,-ctionable previous to the passing of the
sth and 6th William 117., c. 54, would be revived.
No clergyman can be called upon to celebrate such
marriages, if conscientiously opposed thereto. Those
who claim liberty of conscience for themselves are
willing to extend the most perfect freedom to all ; but
Mr. HOPE would subject a minister who, believed
that he was properly discharging a most solemn and
important duty to spiritual censure. The case of
Mr. SHORE has not, as yet, been forgotten.
There is no desire to increase the power
of a court so obnoxious to the .great body of the
people. If Mr. HOPE'S amendment had been, or
should be carried, and he has intimated his intention
of renewing the discussion on the third reading, its
only effect would be to swell the ranks of dissent, and
lead to very many secessions from the Church by law
established.

The other amendment, and that on which the
trial of strength took place, was brought forward for
the purpose of exempting Scotland and Ireland
from the operations of the Bill. It would,
indeed, be a strange and anomalous pro-
ceeding to sanction unions in one part
of the empire that should be utterly null and void ab
initio in another ; to degrade a woman from the
station of a wife which she occupied in one country
into that of a mistress in another ; to render innocent
children illegitimate in Scotland and Ireland who
might inherit honours and dignity in England ; per-
haps to alter the succession to titles and the inheri-
tance of properties which were never intended to be
separated. If these descriptions of marriages are in-
deed so repugnant to the feelings of the population,
if they are practically unknown in these countries,
there can be no practical reason for maintaining the
restriction. Any legislation creating unnecessary
distinctions between the laws in force in
different parts of the United Kingdom should
be particularly guarded against. The aim and object
of Parliament should be to cement more strongly the
existing union, and to bind more closely the ties by
which the countries are united.
It cannot be said that there is any violation of
the treaty of union with Scotland. No change is
made in the ecclesiastical laws or church govern-
ment—a simple act of toleration is passed. A
restriction, affecting not only Scotchmen and
members of the Church of Scotland, • but also
Englishmen, and persons of every religious sect
or denomination, who may happen to be domi-
ciled in that country, is about to be removed ; it
would indeed be a strained interpretation of that
great national compact that could strive to discover
an invasion
a simple act of grace of
the rightsee of the Church of Scotland in
and justice. As well might
Irishmen complain of
the removal of the disabilities
g
by which Roman Catholics and
affected as an infringement of the rightsDissenters were
Church of Ireland, or a violation of the of the
fundamental
provisions of the great settlement solemnly entered
into by two independent nations half a century since.
The present Bill, we trust, will speedily receive the
Royal Assent, and the last vestige of z•ligious into.

lerance will thereby—and by the removal of the
Jewish disabilities—be erased from our statute-book.
Britons may then, indeed, boast that they live under a
Constitution affording perfect civil and religious
liberty to all. There will then be no exception to
the universal toleration.

THE FRENCH REPUBLIC.

We have received the Paris papers of yesterday.
The Evening Moniteur publishes the following ad-
ditional dispatch from Civita Vecchia :
" ADMIRAL TREHOUART TO THE MINISTER OP MARINE.
CIVITA VECCHIA, JULY 3, 10 O'CLOCK, A.M.
" The Chief of the Staff of the Army writes as fol-
lows to the Commander-in-Chief of Civita Vecchia, and
to the Admiral:—
"'HEAD QUARTERS, JULY 2, 10 O'CLOCK, P.M.
" At this instant we are taking possession of the
gates; San Paolo, Portese, and San Pancrazio. The
bastion No. 9 had been already occupied by our troops
during the day. They will occupy the military posi-
tions of which the General in Chief may think proper
to take posEession. Everything induces us to believe
that the army will be received in Rome, on conditions
conformable to the intentions and the interests of
France.'"

General BEDEAU has received orders to remain for
the present at Marseilles. General LAMORICIERE is
at Strasburg, but will set off for St. Petersburgh im-
mediately the Emperor of RUSSIA shall have signified
his willingness to receive the General as Ambassador
of the French Republic.
It is said that M. Einouric DE LIIUYS will be ap-
pointed Ambassador to London.
Intelligence has been received of the result of the
elections at Martinique. MM. BISETTE and A.
PECOUL, the candidates of the moderate party, have
been returned by an immense majority. The num-
bers' ran thus : Ibl. BISETTE, 15,556_2- M. PECOUL,
13,477; M. &WELCHER, 2,718 ; M. PORY• PAPY,
538. At Guadaloupe it was thought that MM. DE
JABRUN and SERVIENT, the moderate candidates,
would be returned.
The Army of the Alps is dissolved. A portion of
the troops will form the Airily of the Rhine. General
MAGNAN has been appointed Governor of Strasburg.
The Duke of LEUCRTENBERG, the son in-law
of the Emperor of RUSSIA, is about to visit
his cousin,- the PRESIDENT of the French Re-
public. This visit is significant at the time when
Sardinia is left to the tender mercies of Austria by
the breaking up of the army of the Alps, and the
army of the Rhine is ordered to re-assemble. Is the
army intended to co• operate with the Cossacks for
the extinction of liberty in Germany ?
The Paris and Chartres Railway was opened in
great state on Thursday by the PRESIDENT of the
Republic.
The Legislative Assembly resumed OR Thursday the
consideration of the requisitory of the Attorney-
General of Paris, applying for leave to prosecute the
representatives of the people—Beyer, Kopp, Anstelt,
Hoffer, and Lourion. No member having asked
to offer any observations, five successive ballots
took place, and the authorization to prosecute M.
Beyer was granted by 272 to 125 ; M. Kopp, by 306
to 132 ; M. Anstelt, by 301 to 141 ; M. Hoffer, by
296 to 135, and M. Lourion, by 311 to 131. The
Assembly afterwards continued the discussion on its
internal regulations.
The Three per Cents. closed on the Paris Bourse on
Friday at 54f. 15c.; the Five per Cents. at ttBf. 15c. ;
leans Railroad shares, 78UL; Rouen, 550 f.; Hr vre, 265 f. ;
Great Northern, 40f. • Avignon' 193 f. 75c.; Vierzun, 315 f.;
riasle, 101 f. 25c.; Bordeaux, 401 f. 25c. ; Paris and Stras-
burgh, 36,f. 25c.; Tours and Nantes, 308 f. 75c.
BUbINESS DUNE IN 14'OREIGN ItAll-,i AY AT THE
LONDON STOCK-EXCHANGE, JULY 6.
Northern of France, 104—Paris and Rouen, 213/4—
Sambre and Meuse, 3.

GERMANY

AND

THE NORTHERN STATES.

BADEN AND THE PALATINATE.
The Prussians had taken Radstadt, according to
the latest accounts. The following is the official re-
port by the Prince of Paussra of the military opera-
tions of the Prussian army in Baden and the
Palatin ate :
.4 KIIPPENHEIM, JUNE 30.—The Ist and 2d corps ad-
vanced yesterday from the line of Muhlberg, Carlsruhe,
and Durlach towards the Murg, and cleared the right
batik of insurgents. Engagements of various duration,
but none important, have taken place at Steinmauern,
Eg,igheim, Raventhal, Bishweier, and Kuppeuheim.
Kinkel of Bonn has been made prisoner in one of these.
ro day, after a longish artillery fight, five divisions
crossed the Murg, in the neighbourhood of Kuppenheim,
and advanced to Oos' eight miles south of Rastadt.
Rastadt is strictly blockaded.
Head- quarters, Carlsruhe, June 26.—(Continued from
the report of the 24th.) On the 24th the Ist and 4th
divisions of the Ist corps executed the intended advance
upon Bruchsal. Tne 4;h division encountered the enemy
at Neuderf, and drove him out of the barricaded town,
with the loss of 30 killed and eight prisoners. The
Prussians had five slightly wounded. The Ist division
occupied Bruchsal on the afternoon of the 24th, encoun
terieg only the fire of a few sharpshooters. On the 25th
the whole corps advanced to Durlech and Carlsruhe.
The enemy took advantage of the heights and favourable
position of the former place to make a more obstinate
defence than usual, and the battle lasted two hours,
the Ist divi,iou needed to be supported by eight pieces
of artillery, to gain possession of the town.
" The 4th division, as soon as it heard of the battle,
left the direct route towards Carlsruhe, and, detaching
some troops on the spot, was of essential service in clear-
ing the town by the battering of its western issue; and
from thence continued opportunely its march towards
Carlsruhe.
The enemy retreated into the woody country towards
Ettlingen.
Garisruhe was abandoned on the morning of the 25th
by a corps of rebels 8,000 strong. The last division,
amounting to 2,000, with the assistance of the railway,
got away by two in the afternoon, and the Prussian
troops took possession of the town at three, amid general
rejoicing on the part of the inhabitants. The National
Guard, 2,000 men strong, having resisted, in the morn-
ing, an attempt made by the Provisional Government to
disarm them by force, was drawn up on parade. The
Provisional Government and the enemy's troops took the
way to Rastadt. On the morning of the 26th the three
corps of the army will have taken the following posi-
tions:—The first corps, commanded by General Hirsch
feld, will take up the lino of Muhlberg, Carlsruhe, and
Durlach. The 2d, under General Count Groben, will
lie about Bruchsal; and the 3:f, under General Peucker,
at Ettlingen. The next operation is directed against
Rastadt; the 2d corps will move into the line now oc-
cupied by the Ist, and form the right wing.
As a supplemental detail to the report of earlier ope-
rations, it may be mentioned that the 3d division, and the
2d corps, under General Schliefen, found in Mannheim
14 cannon, with 12 full ammunition waggons, which
were brought on Germersheim.
In Mannheim, as in Heidelberg, where two Prussian
battalions will stay, I intend to form large magazines,
and have given orders for what is requisite to this end.
All places occupied by the troops are disarmed. The
Carlsruhe burgherwehr are the only exception which I
have allowed to this rule.
A supplement to the Carlsruhe paper contains a
notification from the Finance Ministry, to the effect
that the Grand Ducal Baden Railway Sinking Fund
and the National Sinking Fund had been embezzle",
and a quantity of valuable papers substracted. It
adds :—" Vie request all authorities here or abroad
to seize such papers wherever they may be found ; to
arrest the holders or issuers if possible, and to in-
form us immediately in either case. We at the same
time warn every one from taking such papers by
negotiation or otherwise, because the interest will not
be paid on them, nor will they themselves be cashed,
official steps having been already taken here to pre-
vent even the possibility of such a thing."

ITALY.

The thirty-six pound French shot which injured
Casino's beautiful fresco of Aurora has been sent by
the Roman Triumvirate to Mr. FREEBORN, the
British Consul, in whose possession it remains,
together with certain 801 b. bombs, in evidence of
the reckless disregard for truth of those " Foreign
correspondents," who deny that Rome was bombarded,
or that any injury had been done to any of its
monuments or paintings.
The King of SARDINIA. has fixed the 16th for the
elections, and the 30th for the day of the assembling
of the new Piedmontese Parliament.
GEORGE GUERAZZI, the brother of the ex• Director
of Florence, has been released from prison at Lucca,
and furnished with passports for Mar-eilles, on con-
dition that he should never return to Tuscany.

LLOYD'S SHIPPING-(THIS DAY.)
LONDON, Jut 7.—Wind this day at noon, S.; light
breeze, and fine clear weather.
DEAL, JULY 6.—Wind W.S.W.—Arrd. Premier, West
Indies; Sarah Charlotte, Stacey, Guyaquil • Charles Walton,
Baker, Boston. Arrd. from the River, Kelso, James, New
Zealand ; Eclipse, Davis, Madeira • Shamrock, Povntcz,y
Valparaiso. Arrd. from the River and sld., Bonanza, Moo-
die, Cuba. Sld: Wellington, Hobart Town.
CARDIFF.—SId. Timandra, New York.
CLYDI, JULY s.—Sld. Belle Creole, Maulmain.

OFF CORK, JULY 4.—Charles Richards, Frazer, Barba-
does, for Liverpool.
LIMERICK, Juis s.—Arrd. Triumph, Dudly, St. John's,
New Brunswick.

OFF DUNGENESS, JUNE 30.—Damariscotta, Havannah,
for Hamburgh.
PORTSMOUTH, JULY 6.—Wind S. to S.S.E. and S.S.W.—
Arrd. Comet, Airth, Madeira, and sailed for London.
TORQUAY, JULY 3.—Arrd. Etyma Zoller, Dalhousie.
LIVEEPOGI„ JULY 6.—Wind S.S.W.—Arrd. sth, Caroline
Reed, Reed, New York; J. Y. Zerrga, do. ; Stephen, Wat-
son, St. Andrew's, N.B. ; Aid, Dewar, Prince Edward's
Island. 6th, Royal Exchange, Norris, Laguna, sld. May
7th, Cindertlla, Maceis ;J. N. Cooper, Flitner, ew Or-
leans; Waldron, Brown, do.; Kingston, Robinson, Charles-
ton ; Y.:akshire Lass, Pierce, Savannah ; Hibernia Nichols,
New York ; Java, Till. St. John's, N.B. ; Sir H. Smith,
Hawes, do.; Douglas, Prince Edward's Island; St. Andrew,
Paton, Montreal; Amy Ann, Thompson, Quebec. 6th,
Humayson, Bombay; Sampscns, Guatemala; San Blaa,
Mary Hartley, Lima ; England, Callao; Golden Fleece,
Bahia; Mary Bibby, Demerara; Sophia, Honduras; Ann,
Nassau; Eliza, Philadelphia; Ilindoo, do. ; Europe, do ;
Harriet Augusta, New York; Loodianah, do.; Elizabeth,
Boston ; Sunbeam, do.; St. Petersburg, do.; Mary Ann,
Halifax ; Tuskar, Quebec; Serenader, do. Off port, Para-
gon, Montreal.
PENTLAND FEITIT, JULY 3.—Arrd. John, Dick, St. John's,
N. 8., for Hull; Geo. Canning, St. John's, N. 8., for Dundee.
HOLYHEAD, Juts. 6.—Wind S.S.W., strong.—Arrd. Jane
Brown, Quebec.

-MARKET NEWS.-(THIS DAY.)
COVENT-GARDEN. _ _

The supply of Fruit here t;:.saiW;sconsiderably on
the increase, while that of Vegetables was large. A
good business was transacted in most articles at
our quotations, which rule the same as on Satur-
day last. Fruit—t :herries, 2, to 4s per half sieve; Pine-
apples, 5s 64 to 7s; and hot-house Grapes, 78 to 9s
per lb; Gooseberries, 2s 64 to 4s ; and Currants, 4s 6d
to 5s 6d p r halt sieve; Lemons, 8s to 9s; and Oranges,
9s to 14s per 100; Strawberries. 2d to is per pottle;
forced Peaches and Nectarint s, 359 to 38s per dozen.
Vegetables—Horseradish, 2s 64 to ss; and Celery,
Is 34 to is 4d per bundle; Asparagus, is 6d to
5s 64 per 100; Spring Onions, 2d to 44 per bunch;
New Potatoes, 1d to 44 ; and Shallot., 4d per lb;
Mushrooms, 8d per pottle; Cauliflowers, Is 6d to' 5s
per dozen; Cabbage Lettuces, 104 to Is 2d; Peas, is 64
to 2s 61; Broad Beans, is 4d to is 8d; and Parsley, Is
3d to is 94 per halt-sieve ; Cabbages, 6d to 8d per
dozen; Turnips, 2s to 3s; Carrots, 4s 64 to 5s ; and
Greens, 2s to 2s 9d per dozen bunches; Cucumbers, is
to 3s 6d per brace; Rhubarb, 2s to 6s per dozen bundles;
French Beans, 6d to 104 per 100; Radishes, 3d to 64
per dozen hands; small Salad, 2s per dozen punnets;
Cos Lettuces, 84 to Is per score.

NE tiTGATZA AND MEADENNAIM.
Turkey Punks, 5s to 7,,; Goslings, 5s to 73 6d;
Fowls, 2s 9d to 6s; Gipons, 5s 6d to 7.; Chickens, 3s to
4s 6,d; Ducklings, 2s 9d to 3s 6d; and Pigeons, 6d to 10d
each. Ostend Fresh Butter, 6s. to 8s 6d, and English
ditto, 7s to 103 per dozen lbs ; Irish Eggs, 4s 6d to
5s 3d ; French, ditto, 4s 9d to 63; and English ditto,
63 3d to 76 per 100.

NEWPORT.
Beef, from 2s 4d to 3s 4d; Mutton, 3s to 3s 10d;
Lamb, 4s Blb to 5s 6d;l Veal, 3s 2d to 3s 10d; and
Pork, 3s 4d to 4s per 81b.

VIIIITECHAPEL.
Beef, from 2s 2,1 to 3s 2d; Mutton, 2s 8d to 3s 10d;
Lamb, 4s 6d to 5s 4d; Veal, 3s_to 3s 84; and Pork,
3s 2d to 4$ per 8113 s.
BILLINGSGATE.
Salmon, 8d to Is 3ki per lb.; l urbots, 3s 6d to 7s 6d;
Brills, 114 to 2s; Cod Fish, 2s to 6; Whitings, 4d
to 8d; Lobsters, Is to ss; and Crabs, is to 2s each;
Soles, 6d to 2s 4d per pair; Eels, 4d to lid per lb;
Mackerel, 4d to 8d each ; Flounders, is 04 to is 4d per
dozen ; Haddocks, 4d to 7d each; Scate, 64 to 8d per
lb; White Bait, is per (mat.
IsBEAD.

The prices of Wheaten 13read in the Metropolis are
'rom, 7d to "id; of household ditto, 5d to 6id per 41bs
loaf.

HIDE 1011/MEET.
Market bides, 5610 to 641 b, lid to lid; ditto, 641 b to
721 b, lid to 2 t; ditto, 721 b to 801 b, 2d to lid; ditto,
801 b to 881 b, 24d to 21-d; ditto, 881 b to 961 b, 24d to 3 ;
ditto, 961 b to 1041 b, 3il to 34d; ditto, 10411, to 1121 b, 3id
to 4d; Calf Skins, each, 4s 6d to ss• Lamb Skies, Is 6d
to 2s 6d; Horse Hides, 7s 6d; Sheurliegs, Os 7d to Os 9d.

BAY IVELLAJLZTS.
SMITHFIELD.—Meadow Huy, 21 103 to 31155; Clover
ditto, 21 153 to 51 03 ; and Straw, 11 8s to 11 133 per
load. A moderate supply. and a steady demand.
CUMBEULAND. Meadow Hay, 21 12s to 31 183 ;
Clover ditto, 31 Os to 41 15s ; and Straw, 11 9s to
1/ 14s per load. Supply limited, and trade firm.
WHITECIIAPEL.—bIeatiow Huy, 21 lOs to 31 15s ;
Clover ditto,
21 18s to 51 Os; and Straw, 1/ 8s to 11 13s
per load. Trade steady, at full prices.

CRIMINAL COURT.-(THIS DAY .)
OLD COURT.
(Before Mr. Justice CoirrmAx.)
TRIAL UP PRINCE GRANATELLI AND OTHERS.
The trial of Prince Granatelli, Senhor Louis Scalia, and
Captain Uoody, for an alleged infringement of the Foreign
Enlistment Act in equipping and arming two English war-
steamers on an expedition against the King of the Two
Sicilies, was resumed this morning.
Sir F. KELLY addressed the jury for the defendant, Prince
Granatelli. He said he appeared before the jury on behalf
of a nobleman of reputation and unblemished character,
who appealed to them not against a fine or exile, but against
a charge of the ill requital of that hospitality which he has
received in this country, and which he was alleged to have
violated. He hoped to show them that that nobleman had
not violated either the law of this country or the hospitality
which had been shown him. Before he proceeded to the
facts of this deeply-important case, he should ven-
ture to submit to them a principle which should
govern their decision. The Act of Parliament under which
the defendants were indicted was an Act which, imposing as
it did the infliction of high penalties, ought to be liberally
construed. In a criminal prosecution like this, in which it
was not sought to impose a civil liability, but to convict the
defendant of a crime, a person should not be made respon-
sibl9 for the acts of any other person, save those which be
himself was proved to have committed. In certain civil
cases a person might be responsible for the acts or defaults
of another ; but that was not so in criminal cases, unless
the defendant was clearly proved to have directed another
person to commit the offence with which he was charged.
The question was whether the defendants, or any of them,
were criminally liable to the cinsequences of the acts charged
in the indictment. By our criminal laws we could
not be guilty of a crime by agency or delegation.
If there ever was a case in which the jury should bear in
mind the strict principle of justice to which he had adverted,
this was that very case. Here was a nation struggling
for independence at a vast distance from England, in the
island of Sicily. In seeking to enlist soldiers in this country
in their noble struggle for liberty, the defendants thought
they were only doing a duty to their country, and in dis•
charging that duty they had evinced the greatest anxiety to
avoid the infringement of any international law. He ven-
tured to submit, that by none of those defendants had there
been any violation of any criminal law in this country. He
would remind them that the Foreign Enlistment Act, under
which this indictment was trained was passed, in 1819, when
the Spanish Colonists in South America were attempting to
throw off the yoke of the mother country in Spain; and the
object and policy of this law was not to interfere with the
shippitig.aad the conimerce and trade at this tountry, but to=
prevent our dock-yards in England being used for building
ships of war to be employed against Spain or any other
friendly state. There was nothing in this Act of Parliament
to prevent the purchase of a ship of war, or the dispatching
that ship to any destination in the world, whatever might
be its object, or however it was equipped. Nor was there any
thing illegal in the purchase and exportation of arms or am-
munition to Palermo or elsewhere, from this country, though
he admitted it was illegal to use our ports and harbours in
the building, equipping, or arming of ships of war to be em-
ployed against any friendly foreign power. The fact alone
which was made illegal in this Act of Parliament was the
having a vesael in any of our docks or harbours,
and furnishing that vessel with guns and muskets with
the view of dispatching it on an expedition of hostilities
against any State at peace with this country. He contended
that by the seventh section of this Act of Parliament the
only parties who could be made criminally liable under it
were the Queen's subjects, who might be convicted of any of
the offences laid down in it. There was no prohibition in
the Act to purchase any ship, or dispatch it to any place,
or for any purr se, or to purchase any arms for any object
whatever. It was just as legal for any person to purchase
ships or arms in this country, and to export them to the
kingdom of the Two Sicides, or any other part of the world,
as it was for any man to go into a shop in Cheapside, and
buy whatever articles he wanted, and to send them wherever
he pleased. The defendants having come for a perfectly
legal and honourable purpose to this country, and with an
earnest desire to avoid any violation of the laws of this cone.
try, he submitted, on these grounds, they must be held guilt-
lessof the grave charges imputed to them in this indictment.
They had been adviser they might safely make a purchase
of a ship of war to be employed in the defence of their na-
tive country, and they made that purchase openly. of a great
and powerful company, and they left to that company the
whole maintenance of the laws. Their ship had been seized;
they complained of that seizure to the Government of this
country, who admitted the justice of that complaint, and
who, when applied to by the Mini-ter of the King of the
Two Sicilies to institute this prosecution, declined thatenter-
prise ; and yet, after all this, the defendants, under the Act of
Parliament to which he had referred, were now treated as
felons in this court and in this country. Did they come to
this country to carry on any warlike, hostile, or illegal pur-
pose? By no means. They came to ask from this country
a recognition of the independence of their country ; and while
prosecuting that object they had interviews with Lord Pal-
merston, the Minister for Foreign Affairs in this country, and
were present at Lady Palmerston's soirees. Except the contract
for the purchase of the vessels, he denied that one act bad
been proved against either Prince Granatelli or Senhor Scalia,
with respect to the "fitting, furnishing, or arming" of either
of those vessels. To make Prince Granatelli liable under
this indictment it was not enough to prove that he employed
an agent generally, but they must prove that he gave specific
directions for the execution of the work which was charged
as an offence under this Act of Parliament. It was not the
defendants, whoever it was, who gave the directions for the
work in either of those vessels, which was charged al an
offence in the indictment.
(The trial was proceeding when our report left.)

HER MAJESTY'S THEATRE.—Judging from the
effect at the full rehearsal yesterday, all expectation will be
di
exceeded by the performance of Linda Cl.tamouni to-night.
The cast is excellent, and the parts well suited to the pecu-
liar talent of the several artists. litadame Sontag renewed
the striking impression she made on the previous rehearsal.
Her style is as pure and her intonation as certain as ever.
While her voice has lost none of its sweetness, it has gained
in power. Her execution, especially in the cavatina, was
exquisitely finished. The applause of all the artists was
irrepressible.
Here is novel intelligence, as given in the TVater •
ford Mail :—" A pauper wardmistress of the Dungan-on
Union, named Mary Sheehan, has eloped with a pauper
porter of one of the auxiliary workhouses!" Only think of
an elopement from a rakhoue I