The Sun.
London, England, 1840-01-31 00:00:00

COURT OF COMMON COUNCIL.

At a Common Council held yesterday, after some for-
mal business,
Mr. R. STEVENS appeared at the bar, with a pe•ltion
stating that it was intended to apply this Session f r an
Act to prohibit the employment of children in sweeping
chimneys; in conformity with the recommendation of a
Committee of the House of Commons, and desiring the
Court to exorcise its liberality in aid of the expenses of
procuring an Act.
Mr. ()BEARD moved that it be referred to the Finance
Committee, to consider the petition.
Mr. GALLOWAY cordially seconded the motion, and ex-
pressed his sense of the laudable exertions made by the
petitioners in furtherance of this object.
NEW POLICE ACT.
Mr. GALLOWAY presented a petition from the inhabitants
of Thavie's Inn, stating that they considered the present
mode of watching the district was the best, and praying
that they might be left under it.—Referred to the Police
Committee.

THE SHERIFFS.
Mr. WIRE presented the Report of the Committee on
,he case of the Sheriffs, which was read.
In the report the Committee stated the principal facts
of the case, and then recommended a strong remonstrance
to the House of Commons against the continued incarcera-
tion of the Sheriffs.
Mr. WIRE said he did not think it necessary to do more
than move the adoption of the Report, which having been

agreed to,
The RECORDER read the remonstrance, a draft of which
had been drawn up by the Sheriffs. He described the
election of the Sheriffs by the Cerporation, and recited
the oath which they took to truly serve all the Queen's
writs, and preserve all the Queen's rights and franchises;
and not to respite or delay the levying of any debt ; nor
to yield any man's right unjustly ; and well and truly to
execute all the laws and statutes of the realm.---( Hear,
hear.) It stated, that in conformity to this oath they had
duly levied under a fleri facias, on the goods of the
Messrs. Hansard, to the amount of 6401. That they
had been told that the House claimed the exclusive right of

deciding their privileges ; and that ene of those privileges
had been violated. That the House had, by their Attorney-
General, appeared in the Court of Queen's Bench, and
pleaded the privilege unsuccessfully. That the House
had acquiesced in the judgment which now remained un-
reversed. That the Justices of the Court had perempto-
rily directed the Sheriffs to pay over the money to Stock-
dale the plaintiff, in the action. That petitioners had dis-
covered by the votes of the House that for refusing to re-
fund the money to the defendant, the Sheriffs
had been committed by the House. That to have complied
with such an order would have been to violate their oaths
and to interfere with the Queen's prerogative, by stay-
ing her Majesty's writs. That such a claim was subver-
sive of all the laws and all the liberties of the realm, and
that petitioners therefore prayed that the Sheriffs might
be released—( Loud cries of " Hear, hear.")
A DEPUTY wished to know if the Court were compelled
to use the word " humble" in petitioning ?—( Laughter. )
The RECORDER said he considered the Court was bound
to preserve the usual forms of respect in approaching the
House.—( Hear, hear.)
Mr. Wins then said, even if the individuals now in the
custody of the Sergeant at Arms of the House of Com-
mons, were not such ancient officers of the Corporation as
the Sheriffs, he was persuaded that, from the zeal which
the Corporation had always manifested in defence of the
liberty of the country, the Court would unanimously adopt
the spirited course recommended by the report.—( Hear.)
The Attorney-General, on the part of the House, had, by
pleading before the Queen's Bench, admitted the right of
the Court directly to question their privileges.—( Hear,
hear.) Another judgment of the Court, declaring the
claim now made to be invalid, remained in full force,

•
having been also submitted to by the House.—(Hear,
hear.) He begged to inform the Court that the Court
of Queen's Bench could not travel out of the record, and
the consequence was the Court was obliged to return the
Sheriffs to the custody of the Sergeant at Arms. Now,
if the Sheriffs had been the officers of the House of Com-
mons the case would have been different, but they were
the officers of the Courts of Law, and we.e bound by oath
to obey its orders.—( Hear, hear.) The men who in high
life had dared to calumniate the Judges, ought to have
been committed for their contempt. If it was necessary
the House should have this privilege, an Act of Parliament
should be passed securing it to them. It was not an old
privilege, but first claimed in 1.837, and the effect of it
would be to make the House a shop for the sale of libels.
—( Hear, hear.) He had no doubt the Corporation would
strenuously maintain their own rights and those of every
Englishman.—( Hear.) Give the House this privileges
and it was one which would be exercised to the injury,
of the liberty of the people, and the subversion of the law.
—(Hear, hear.) He moved, therefore, the petition
now read be adopted, and presented to the House by the
Lord Mayor, two Aldermen, and four Councilmen in the
place of the Sheriffs, a course which was warranted by
many precedents.—( Hear, hear.)
Mr. ANDERTON rose to second the motion, and having
called attention to the official duties of the Sheriffs, asked
the Court to consider the circumstances the county of
Middlesex would be in in the event of a disturbance: with-

out the Sheriffs to call out the posse comitatus. He also
read and commented on the oath the Sheriffs bad taken to
show they were thereby unable to act otherwise than they
had done. The question, then, was, whether the
House had the power to interfere with the duties
of the Sheriffs, or to demand of them to sic-
late their oaths. The result of this affair would be to
shorten the duration of Parliament, and he hoped that
when those who had voted for these illegal acts again
presented themselves to their constituents, they would be
rejected, as those who called upon others to violate the law
were unfit to be legislators.—( Hear.)
The resolution having been read,
Mr. GALLOWAY rose, and maintained the House of
Commons had merely done their duty, and that they were
upholders of the privileges of the people by the course
they had taken on the matter.—(Cries of " Oh," and
" Hear.") Had the House not made a return to the wt., t
of Habeas Corpus he should hare said their cordut was
tyrannical, but they had done so, thereby showing their
respect for the law. The Sheriffs were bound to obey the
writ, but they should have paid the money into the Court
of Queen's Bench, and then they might have defied the
House to detain them a single day, but not having done
so, the House of Commons had the power of ordering
them to pay it to the defendant. He was persuaded
a petition from the Court would have no effect, but that of
confirming the House in the course they had taken. fie
maintained the Judges were the primary cause of the de-
tention of the Sheriffs. The law was said to admit bet of
one interpretation ; but they found the Judges could never
agree what the law was, as was shown but yesterday in the
case of Frost. He therefore moved the previous. question.
Mr. PawraEss seconded it, because he thought it a ques-
tion that ought to be confined to at present to the House
of Commons and the Judges of the land. It appeared
to him the Sheriffs ought not to hare been left to
bear the whole brunt of the matter, and that it was
most cowardly conduct of the Judges that they did not on
the return to the Habeas Corpus discharge them and fight
their own battle with the House of Commons. If he
thought the petition would have any effect he would cor-
dially support it, but as as he did not he shouH not do so.
Alderman BnowN said, he feared their forbearance had
been greatly mistaken in high places—( Loud cries of
" Hear, hear.") It was there said the interest of
the matter had already died away. It was well remarked
by a late eminent personage, that "unlimited power
corrupts its possessor, and that where law ends tyranny
begins." He begged to set the Court right as to the tran-
sactions, and having detailed them, asked it the Attorney_
General thought the Judges were wrong, why he did not
bring a writ of error. But that would not do ; the
Attorney-General preferred to rest on the ground of un-
defined privilege. Au Attorney-General, too, who had
hitherto been " a \Vhig, and something more."--( Loud
cries of " Hear, hear.") Had he not, with a caution
for which his countrymen are celebrated, abstained from
stating on the warrant what the contempt was, knowing 1
that the Judges could not travel out of the record ? He
I trusted if this petition were rejected, the Court would '
ap-
proach the foot of the Throne, and entreat her Majesty to
exeicise her prerogative, and to liberate the Sheriffs who
were incarcerated for obeying her writs.—( Hear, hear.)
Mr. STACEY was very sorry that the previous question
had been moved, as he wished that they had been unani-
mous upon such a question. He was sorry to"see his
friend on the floor, who had many years ago almost im-
mortalized himself by identifying himself with John Horne
Tooke, now supporting general warrants.
Mr. GALLOWAY denied that he had ever supported
general warrants—he hated them as much as ever, but he
supported the House of Commons in: its just privileges,
which were necessary for the due performance of its duties.
Mr. STACEY was glad to hear his Worthy Friend was
yet decidedly against general warrants. Was it not a
general warrant upon which the Sheriffs were now incar-
cerated? What was it ? Did it state anything on the
face of it which set out any offence for which they ought
to be punished ?
Mr. STEVENS said the Corporation were now going to
the House of Commons to demand the liberation of the
Sheriffs—to beard them in their own House. Was it good
for the people that the House of Commons should have the
power of investigating into abuses, of calling witnesses for
the purpose of elucidating evidence on which to found
corrections of those abuses ? If that was necessary—then so
was the power of publication. It was really a very great
question. He wished the Sheriffs were released, but it must
be remembered that they were in confinement for their own
rebellion against the rights of the people, for he contended
the rights of the Commons were the rights of the people as
their representatives.
Alderman Sir Was. HEYGATE said the Corporation of
London would have taken the same steps had it been the
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and would lead to an amendment of the law defining the
privileges, so that gentlemen in the situation of the
Sheriffs might know what they were doing. He contended
that they were suffering, under a general warrant, one of
the most odious of abuses, which had been got rid of in
consequence of the patriotism of John Wilkes. He knew
that many great and good men supported this question of
privilege, but he remembered a saying question C.:
- --eorge
M., who had had great experience of parties, and he
said, " I never yet knew the heads of opposite parties come
together, but they were wrong."—(Laughter.) Let the
privilege be granted, and then no one need ever be punished
for a libel—all they had to do was to get up a petition
libelling their enemy, and get it presented and printed, or
get calumniatory evidence given before a Committee,
whether true or false did not matter, because it was not
given on oath, a report would be made, it would be
printed and published at the sale shop of the House of
Commons, and the work would be done. The
Sheriffs had sworn to obey the Queen's writs, and they
stood thus : if they obeyed ono they were punished, and if
they obeyed the other tribunal, they were punished by the
other. They were high-minded men, or they might at

once get out, fur it had been whispered to them that if
they paid the money, made their bow and ai-,ology to the
Hon. House, there would be a grant from the secret
service money. But they were high-minded men, anxious
only to do their duty, and they would suffer 7ather than
tarnish their honour.
Mr. WELLS said the Central Criminal Court met on
Monday, and how was the business to be done. If he had
a brief for a prisoner who was convicted, he would move
an arrest of judgment on account of their absence from the
making of the panel of the jury.—( Laughter.)
Mr. TAYLOR said it was gross tyranny on the part of the
House of Commons, and their privileges were so undefined
that they might flay the Sheriffs alive if they pleased. They
were setting themselves above all law, which the people
would never allow. If the House triumphed on the pre-
sent occasion they would triumph over common sense, over
law, and over their own honour and dignity.—( Cheers. )
He had never heard of such an attempt at catching arbi-
trary power since the days of Nebuchadnezzar —( Laughter)
Mr. PRITCHARD rose amidst loud cries of " Divide,
divide," and " Wire, Wire."
After some time of confusion,

Mr. PRITCHARD proceeded, and contended that the pri-
vileges of Parliament were part and parcel of the law of
the land, as laid down in many of the text-books, more
especially in Judge Blackstone's book.
Mr. LAWRANCE was quite sure that if they intended to
liberate the Sheriffs, their petition would be of no use.
The Court wanted much information upon the subject.
He thought the petition would have the contrary effect in-
tended.

Mr. ASHURST thought the claim of privilege made by
the House of Commons was inimical to the liberties of the
subject. He, however, objected to the, wording of the
petition, inasmuch as the Court in it was prejudging a
question quite contrary to the judgment of Lord Denman.
He trusted the present difficulty would lead to an amended
law of libel. _ _ _

Mr. JONES ( Bishopgate) said Lord Denman merely
laid it down that the House had the power of committal,
and no more. Had the cause of the committal appeared
on the face of the warrant, the Court declared they would
have considered the legality of it or not. According to
the resolutions of the House all in the Court were guilty
of contempt, for they were questioning the privileges of the
House, and they might all expect to be waited on by the
Sergeant at Arms.
Mr. WIRE replied. _

The Question was now put by the RECORDER, and the
petition carried by an overwhelming majority.

NAVAL INTELLIGENCE.

( From the Brighton Gazette)

PoRTSMOUTII.—The corvette, Nimrod, 20, Commander
Barlow, and Pylades, 18, Commander Anson, fitting at
Plymouth, will go into the Sound about the 3d February.
Report sends the former to the north coast of Spain, and
the latter to the coast of Africa. The Imogine, 26, is
preparing for commission.
The Pique, 36, Captain Boxer, is rapidly completing
her crew, reduced by so many men having been discharged
—period expired. It is understood that her destination is
the West Indies; but she will not be ready for sea until
the middle of next month.

Orders are daily looked for to put the Madagascar, 46,
Harrier, 16, and Magieienne, 24, into commission.
The Jupiter, troop ship, Mr. Fulton, master, on her
homeward voyage from Ceylon, had not reached the Cape
of Good Hope on the 13th November. She brings home
the 61st regiment, and unserviceable stores fromTrinco-
malee yard, and will come into this harbour for refit.
The Minden, 72, Captain Sharpe, is ordered to be paid
off at Plymouth, at which port she has arrived last from Tar-
ragona, with the late crew of the Tribune, 24, wrecked
near that place. She left Malta 23d December, but did
not touch either at Gibraltar or Lisbon; brings no news
whatever, save that the Admiral, Sir Robert Stopford,
with the fleet, still remained at Vourla, and that the
greater part of the French squadron had returned to Toulon.
The Meteor and Lightning, steamers, in command cf
Lieutenants Pritchard and Williams, have arrived from
'Woolwich with detachments of Royal Artillery for embar-
kation in the Blenheim and Blonde, and also an immense
quantity of munitions of war to be employed against the
Chinese. These ships are ready, and will ,To out of har-
bour to Spithead to-morrow, and will be followed in a day
or two by the Andromache. The squadron is expected to
sail about the 10th of February.
The Raven, cutter, Lieut. Mapleton, is ordered to the
Sheerness station. She will sail in a few days.

BY accounts from Sierra Leone of the 20th December,
it appears that the Buzzard, 10, has sent into that port for
condemnation, two more prizes, whith 550 slaves on board.

Two brigs are building at this dock-yard, namely, the
Bitterne, 16, and Rapid, 10, and are in course of com-
pletion.
The Warspito, 50, razee, is in dock, preparing for com-
mission, if required.
The steam-vessel, Prometheus, Lieutenant Spark, is
daily expected from the River, on her way to the Medi-
terranean.

The Pembroke rill come int,, the harbour to be paid off
RQ soon as the weather will admit ; and the Fantome and
Crescent will proceed to their respective destinations.
At Spithead.—Pembroke, 72, Crescent, 42, and Fan-
tome, 16. _ _

In Harbour.—Britannia, Victory, Excellent, Royal
George yacht, Blenheim, Blonde, Pique, Andromache.
Pantaloon, Raven, Messenger, and Meteor.

EXECUTION IN FRANCE.

(From the Gazette des Tribunaux.)
Tno DEATH OF A AIURDERIZIt.—DRACIUIONAN, JAN.
14.—Toussaint Chauvet was found guilty on the 11th 01
November, by the Court of Assizes the department of
the Var, of murdering his sister, in-law, and was condemned
to death. The circumstances under which the crime hid
been committed, the untameable temper of the murderer—
there, seated on the bench of infamy was his daughtor,
aged fiFteen, uttering dreadful declarations against her
father, whose accomplice she was accused of being—the
touching position of the victim's family, and the attachment
of which she was the object from all I,ho knew her—all
this excited eat neat attention to the various phases of the
drama which the energetic verdict of the jury was to ter
urinate. The verdict was received as the work of justice,
and not a voice was rai,ed in favour of the murderer, who
appealed to the Royal clemency, after having in vain ap-
pealed to the Courts of Law.
Chauvet heard his sentence without emotion. On ar-
riving at the prison he instantly asked for something to eat.
During two months he never softened the savage ferocious
nature of his character. Continually protesting against
his sentence, and throwing the responsibility of his death
upon his daughter, be ar,,,tvered the priests and others who
attempted to administer to him the solace of religion. " If
there were a God, he wc.uld come down from Heaven to
save me ; if I am taken to the scaffold, there is no God."
He took his meals regularly, and insisted on having double
rations, which he shared with another convict, his compa-
nion in captivity.
At six a.m., on the 14th instant, the Abbe Court
entered Chauvet's cell, and told him that he must
prepare to go. " Where ?" replied be. "To Luc,"
said the Priest. " Well, I am ready," said he,"
" but I'll first take some brandy and something to
cat." He was given what lie wanted, and whilst
going in the cart through the multitude which had is.
sembled to see him pass. he continued eating with the
greatest sang froid until he arrived at the prison. The
cort,ge arrived at Luc at hall-past ten. The prisoner,
standing up in the cart, apostrophised the people, saying
that he was the victim of perjury. On passing before the
.Judge he vociferated some horrible exclamations
against that respectable Magistrate, accusing him
of having caused his death, &c. The prisoner's cyni-
cism excited the disgust and indignation of all the
bystanders. On passing under the guillotine Chauvet
looked at it and said, " You will soon cut off a good
and innocent head." While the executioners were
cutting off his hair, preparing him for the scaf-
fold, he uttered the most horrible blasphemies, and was
ferocious and savage as a madman. He, however, asked
for something to eat, saying it was better to meet death
with a full stomach. At length he consented to confess.
At half-past one the immense masses which had assembled
to witness the execution perceived the prison gates thrown
open. The fatal moment had arrived. Chauvet ad-
vanced with a firm step towards the guillotine, and mounted
the steps unassisted. Whilst the executioners were bind-
ing his hands he cried out, with a hoarse, stentorian voice,
" Had there been a God, he would have performed a
miracle to save me I lam innocent !" In another second
he ceased to exist.

CESAREAN OPERATION.—We gave an ac-
count sometime ago of the performance of the Caesarean opera-
tion, by Professor Paul Dubois, on the body of a poor deformed
and idiotic dwarf, in whose case a natural accouchement was
considered impossible. The same Professor has just performed
with success a similar operation upon another dwarf, aged 25
years, it having been decided that although there was no de-
formity in this case, the small proportions of the patient, who
was only 3 feet 5 inches in height, prevented the hope of a na-
tural delivery. M. Dubois having announced his intention of
opet ating, the evening before last, at the Hospital de la Clinique,
the room in which he was to perform his task was crowded with
medical practitioners and students, who were allowed to be pre-
sent, and at seven o'clock M. Dubois commenced this difficult
and rare operation. During the performance of it, which was
short and simple, nothing of an alarming nature occurred ; but
when the child had been extracted the loss of blood caused the
mother to faint, from which, however, she was rapidly reco-
vered, and, the wound being sewed up, she was conveyed to her
bed with great precaution. At this moment she bore the ap-
pearance of death, her body was col,' and colourless, but shortly
afterwards the natural warmth returned, the blood resumed its
ordinary course, and her breathing was perceptible. In the
meantime the child, which is of the female sex, and perfectly
formed, gave by its cries and movements the most unequivocal
signs of well-constituted vitality, and nothing is apprehended
respecting it beyond what is common to all new-born children.
Up to yesterday evening both mother and child were going on
as well as could be expected.—Paris Paper.
- -

.•
DEAT ii.---TREADmlLL.—Wednesday morn-
ing an inquest was held before Mr. Wakley, M.P., at the
House of Correction, Coldbath-fields, on the body of Fanny
Leach, aged 30, an inmate of the prison. It appeared from
the evidence of the turnkeys that deceased was committed on
the 30th of last October, from the Central Criminal Court, un-
der sentence of six months' imprisonment and hard labour for
felony. Until the 14th instant she appeared in good health,
when at her own request she was transferred from the work-
room to the treadmill, on which she had been scarcely an hour,
when she was seized with an hysterical fit ; after which she
was removed into the convalescent ward, and subsequently to
the infirmary. She became gradually worse, and on the 23d,
on examining her, the surgeon found one of her legs quite
black, which colour rapidly spread all over her body, and she
died on Monday last. Verdict—" Natural Death, produced by
mortification of the leg."
A CURE FOR THE GOUT.—Count Piper (we
are assured) like myself, was once a martyr to the gout. He
said he cured his by taking in bed, every morning, a very strong
extract of coffte, with an equal quantity of rum—about a quarter
of a pint each—for thirty successive days. The first week it
produced violent headache and fever, which terminated after
that period in most excessive perspiration. This remedy left him
weak, but cured him. Ile has had no return of the disorder
for nine years, and now trusts to exercise and diet for good
health and freedom from the distressing malady, which, like the
' toothache, excruciating as it is, nobody pities.— Standish.