The Sun.
London, England, 1848-11-21 00:00:00

T}ll SUN, LONDON, TUESDAY 14_2VENING, NOVEMIIER 21, 1848

present of those who represented the bench and
the bar of Ireland, he begged on their behalf
to return their most grateful thanks. He thanked
their august guest, who had joined in that toast to the
Irish bench ; and he hoped that the days would never
arrive when the Irish bench would administer the laws
of Ireland otherwise than boldly, impartially, and fear-
lessly, giving to every man, whatever his rank in life
might be, all his rights, opposing alike the
.influence of
wealth and power on the one band, and resisting the
fierce power of a democracy on the other.—(Hear.)
He trusted they would ever be found to administer the
laws of England in the spirit in which their constitution
declared they had been made—in a spirit of justice tem-
pered with mercy.— (Cheers.) But who, after all, were
the protectors who secured the steady and sound admi-
nistration of those laws—who were always at hand to
protect their lives, their properties, and their homes and
families in time of danger? Who but the noble British
army, who in times of foreign invasion or domestic strife
were ever ready to come to their aid, and shed their own
blood if necessary in the defence of the lives, the laws,
and the liberties of their countrymen.—(Cheers.)
Mr. WHITESIDE, Q.C.—My Lords and gentlemen, I
esteem it as a high honour to have my name associated
with the toast of the Irish bar. The memories which
the past history of that body recals are inspiring. Un-
rivalled wit, impassioned eloquence, with splendid genius
and a lofty patrotism, raised and dignified the profession
of the bar in this country. The Irish soldiers may
have won unfading laurels—the Irish bar has possessed
members who, in the forum and the senate, achieved
for their country a fame almost as high as that won by
Wellington on the field. We are justly proud of their
greatness, and point to their triumphs with exultation,
as shedding lustre on our age and nation.—(Loud
cheers.) I never close the volumes which contain the
records of their immortal eloquence with other sensations
than those of delight and despair. It has been said with
truth the genius of Dante illuminated a dismal period in
the history of Italy. The gloom and the wretchedness
have disappeared, while the glorious productions
of the poet and the patriot still shine with
undiminished brightness; and so the darkest page
of Ireland's history is relieved by the affecting
eloquence of Curran, which, while it records the
misery and shame of this country, stamps upon the page
of its history the proofs of its own imperishable genius.
—(Cheers.) I have attended this entertainment given
to our distinguished guest with unfeigned pleasure ; he
bears a name for which I have a strong affection. Many
of us but rarely appear at public dinners. No attractions
of politics have brought us together. Wo are assembled
to do honour to that which confers honour on human
nature—exalted merit. Great natural abilities are not
in themselves enough to command respect—they are
often disgraced by vices, and perverted to the gratifica-
tion of sordid passions or a depraved ambition.—(Hear,
hear.) Brilliant talents, no matter in what pursuit en-
gaged, are only worthy universal esteem when they have
been devoted to their country's service—when they have
accomplished great actions—when their exertions have
been prompted by a chivalrous spirit, accompanied and
adorned by virtue.—(Hear, hear, and cheers.) In all
ages of the world military greatness has been prised
chiefly, I admit, when identified with the greatness
of the empire to which it may have belonged.
While Rome retained her martial spirit while
she possessed and honoured her military heroes, she
ruled the world with triumphant sway. When she sur-
rendered the defence of the empire to hired barbarians—
when luxury had corrupted her sons, Rome fell. Pos-
sibly she may have deserved her fate, for we read with
indignation that to the bravest of her generals she was
ungrateful, and denied rewards to distinguished service,
unshaken courage, and splendid success.—(Hear, hear.)
Posterity has done a hero justice, and the memory and
fame of Scipio are preserved, while the names of his
calumniators are forgotten in the charity of oblivion.
Envy will always detract from superior hearts, and the
contemptible jealousy of little minds rail at the ability
they fear and hate.—(Hear.) When was any kingdom
safe without skilful generals to command her armies?
What liberty, or even existence, could England now
boast but for the valour of her soldiers and her sailors,
bravely led by men into whose hearts a sentiment of fear
never entered ? And when in the history of Europe was
the possession of military skill and genius more to be
valued than now, when almost every kingdom has been
torn by revolution or made the battle field of con-
tending armies?—(Hear.) I need not read the narra-
tive of his actions to comprehend the claims of our dis-
tinguished guest upon our respect and admiration. I
have received from a dear friend who had the honour of
serving under him a glowing, although faithful, account
of his memorable achievements; and it redounds to the
honour of Sir C. Napier, that if be did not gain the fa-
vour of those who can bestow rewards, he won the heart
of every officer and soldier whom he led to victory and
fame.—(Hear.) The generous nature of our guest
prompted him to endeavour to influence the enthusiasm
of his troops bygaining their affections.—(Hear, and en-
thusiastic cheering.) We have seen the brilliant prac-
tical results—victories won against numbers, and head-
strong valour such as have not been equalled in the field
of heroic adventure since the days of Clive.—(Hear.)
The higher praise must yet be added, that he conquered
gloriously to govern wisely; that his military triumphs
were directed to obtain results which make war aloue
justifiable—order, civilisation, justice, with the steady
cultivation of the noble arta of peace.—(Hear and loud
cheers.) We are all competent to form a judgment on
such a character, and that judgment is justified by the
opinion of his own gallant procession, who are superior
to meanness, jealousy, or envy.—(Cheers.) We are all
concerned to see that justice be done to a gentleman so
honourably distinguished, because the country can never
prosper while in any profession mediocrity and dulness
uses: the Jena. as ui usurp tae s'a:ion due to indefariz.
able industry, natural skill, and undoubted genius.—
( Hear, hear.) It is not in our power to honour this
chivalrous soldier as we could desire, but we can tender
to him that which will not be ungrateful to a brave
-pirit— the expression of our unbounded admiration for
his services and talents, and the tribute of our unbought
applause—these gifts of the heart no Government can
give, and no Government can take away.—(Hear.) A
narrow view it is of great actions to limit their bene-
ficial effects to a particular sphere or a particular
time—their consequences are lasting.—(Hear, hear.)
The histories of Marlborough, of Clive, of
Wellington, of Nelson, influence the youth of suc-
ceeding generations—stir up an honourable ambition—
excite a love of country, a passion for distinction,
which assuredly conduct to worthy achievements, and
perhaps to eternal renown.—(Hear, hear, and cheers.)
I have been led to speak upon a subject uppermost in
our thoughts, in connexion with the character and con-
duct of him who brought us together this night.—(Hear,
hear.) It is not necessary to say much in returning_
thanks on behalf of the Irish bar—to belong to it is my
pride—to uphold its independence my ambition.—(Loud
cheers.) In exact proportion as the members of such a
profession are respected in the State and trusted by the
people will the administration of justice be pure and
satisfactory.—(Hear, hear.) Should the time ever un-
happily arrive when those engaged in the profession of
the law would be despised by the people and slighted by
the State, a despotic Government must then be nigh,
and the people's slavery and debasement Certain.—(Hear,
hear, and loud cheers.) Throughout many kingdoms
on the continent of Europe judges have been the
creatures of the tyranny they upheld —(Hear, hear.)
Advocates have been suborned or terrified, or persecuted
in occasional boldness and unexpected honesty—and we
see the people of those countries fighting their way to,
I trust, a better and a purer system. The impartial
administration of justice is the ligament which binds
together human society, and to ensure it we must not
only possess judges learned, and patient, and incor-
ruptible, such as I rejoice to say ours at the present day
are, but we must have advocates watchful, honourable,
and independent.—(Hear, hear.) The higher the repu-
tation of our judges the more essential it is that in all
political and constitutional questions their judgment
should be in exact conformity with the principles of our
constitution.—(Hear, hear.) What is mere opinion to-
day will become precedent to-morrow—and the more
unexceptionable the tribunal the more closely will its
decision be followed by posterity.—(Hear, hear.) We
reverence the judgments of Holt and Hale. and regard
them as landmarks in our law.—(Hear, hear.) The ad-
vocate cannot make the law—he ought not to pervert it
—his only object should be to see it applied according to
its letter, with rigid impartiality in all cases alike. lie
is to regard nothing but the interests of his client, and
his care should be to be satisfied that the individual,
whomsoever he may be, who has confided life, and
honour, and fortune to his hands, is judged and con-
demned according to the requirements of the unbending
rule of law which is our common proteetion—
(Hear, hear.) Party or politics, hope or fear,
should have no influence over the mind of the
advocate. And well I know at our Irish bar
a host of honourable gentlemen practise on whose inde-
pendence the breath of suspicion never cast a shade;
irrespective of all differences of political opinion, they will
be ever found the vigilant assertors of' their own high
privileges, the bold defenders of their countrymen, the
faithful guardians of the law.—(Cheers.) I follow their
example; to be enrolled in their ranks is my boast, pride,
and happiness.---(Hear, hear.) In a free country the bar
should rank amongst the highest professions. If we
racecifeeoerrftot::nut the history of that extraordinary nation which is
urtrene
axitiems,.palarru,tuws,edi
dignity to advise clients, tents, and to plead causes. Even in
that which records tolfi the
fidnndotwthheinnkilitobmenee wasst h theirfre
the decline
has been preserved by empire the brightest page is
• history of Justinian, whose name
great lawyers whom e thee
!maperishable labours of the
the complicated system or' tirci%Wlarew.fuTritheapurdofcouuunddenjume
Willors of vast provinces,
justice, In Eng-
rists were deemed fittest govern
cause best fitted to rule with
figured the
htirobghly
be-
land, for centuries, remarkable mmennhd
profession of the law. Cromwell shoetedvleinn
be understood the English tehiper when hew 1
upon the judgment seat. Republican AmeriTaaae:lpt Hs
tahti
decisions of Westminster Hall, because evereonsist:at wi
liberty and reason.—(Cheers.) In our own countryftor
near one hundred years we have had a succession of
highly gifted men at the bar, and frequently also on the
bench.—(Hear, hear.) In this Country, I conscientiously
believe there were at the Irish bar as great advocates--
witness Curran, Barrowes, Plunket, Bushe—as ever
adorned the annals of the law. One may sometimes, as
to more than one of these men, regret their abilities
were thrown away upon a profession or a province.—
(Ilear, hear.) We dare not hope to be often blest with
men as great, for nature is sparing of them ; but advo-
' rates as upright, honest, conscientious, and courageous,
we have to walk in their steps; and be inspired by their
example.—(Hear and cheers.)
The CHAIRMAN next proposed " The medical profes-
sion, and its distinguished members present."
Sir P. CitemPTox returned thanks.
Then followed--" The Indian Army," next " The
Mercantile Interests of Dublin."
The latter toast was briefly responded to by Mr.
G. ROE.
The list of toasts having been exhausted at half-past

,~ ;. w
1 ~1

eleven o'clock, the Duke of Leinster vacated the chair,
and the festivities terminated.

NEW NOVEL BY MRS. GORE.
Just ready, In 3 vols. post
THE DIAMOND and the PEARL,
A NOVEL.
By MRS. GORE.
Henry Colburn, Publisher, 13, Great Marlborough-street.

Now ready, 2 YOIS. Ilvo., 28s. bound, printed uniformly with the
Wellington and Nelson Dispatches,
THE CA STLERE AGH LETTERS
AND DISPATCHES.
"A work of the highest and most universal interest."—ldorning
Chronicle.
" The most valuable contribution to modern history that we know
of."—Morning Herald.
Henry Colburn, Publisher, 13. Great Marlborough-street.

Now Heady, at all the Libraries, in 3 vols. post Svc,
CL AR A F A N E;
Or, THE CONTRASTS OF LIFE,

A NOVEL.
By LOUISA STUART COSTELLO,
Author of " Catherine de Ifedicis," &c.
Richard Bentley, New Burlington-street.

THEATRE ROYAL, DRURY-LANE.
M. JIILLIEN'S ANNUAL SERIES OF CONCERTS.
GOD SAVE THE QUEEN, and the ARMY QUADRILLE
EVERY NIGHT.

If. JULLIEN has the great gratification to announce that ho has
succeeded in obtaining the kind perinhision of the Commanding
Officers of the Royal Guards for the attendance of their Military
Bands until further orders.

The Band of her Majesty's Life Guards, under the direction of Mr.
Waddell.

The Band of her Majesty's Royal Horse Guards Blue, under the di-
rection of Mr. Tutton,
The Band of her Majesty's Grenadier Guards, under the direction of
Mr. Schott, and

Tke Band of her Majesty's Coldstream Guards, under the direction
of Mr. Godfrey,
will, therefore, continue to take part in the performance of the NA-
TIONAL ANTHEM and the BRI FISH ARMY QUADRILLE
EVBRY EVENING until further notice.

The Programme for this evening will also include tke Overture to
Lea deux Journees, Cherubini--010, Herr Koenig—Haydn's Sur-
prise Symphony—Song, Miss Miran—German Polka—Duet, Cia-
rionet and Flute, Mr. Lazarus and Mr. Richardson—Grand Selection
and Fantasia from Les Huguenots, /cc.
Doors open at Seven, the Concert will commence at Eight.
Prices of Admission—Boxes and Promenade, is. ; Dress Circle.
3s. 6d.; Private Boxes, 10s. 6d.; Ditto, 21s.

THEATRE ROYAL, COVENT-GARDEN.
Manager, Mr. BUNN.
GENERAL REDUCTION OF PRICES.
The repeated representations that have been made to the manage-
ment respecting a reduction of prices, in order to meet the exigencies
of the times, have led to its present adoption. In complying with so
general an expression of public feeling, it is only necessary to state
that precisely the same character of performance will be given, sup-
ported by the same artistes, and aided by all the gorgeous parapher-
nalia of the establishment, presenting a series of attractions on a
scale of admission suitable to all classes, without any precedent in so
ipletidid a Theatre.

SCALE OF ADMISSION.
Dress Circle in the Grand Tier Six Shillings.
First Circ1e........
Upper Boxes. ........ •••• •• Four Shillings.
Pit • . . Half-a-Crown.
Lower Gallery ..... .
Upper Gallery . ....... One Shilling.
Private Boxes, One and Two Guineas; Stalls, Seven Shillings.
Half-price at Nine o'clock.
Dress Circle, Ss. ; First Circle, 2s. 6d. ; Upper Boxes, 2s. ; Pit
s. 6d.; Lower Gallery, is. ; Upper Gallery, 6,1.

THIS EVENING,
The Entertainments will commence with a Grand Opera, entitled

RAYDEE I or, the Secret.
Loredano, Mr. Sims Reeves ; Maigenio, Mr. Whitworth ; Andrea
Donato, Mr. lierberte; Maydee, Miss Lacombe.
_ _

To conclude with a Grand Ballet, entitled
L'INV[TATION A LA FETE.

Doors open at II&lf-past Six, performance to commence at Seven.
The Box-office is open from Ten tin Five, ender the direction of
Mr. John Parsons.

THEATRE ROYAL, HAYMARKET.
Mr. B. Webster, Sole Lessee and Manager, Old Brompton.
The public is respectfully informed that this Theatre has, during
he recess, undergone very extensive repairs and alterations and the
whole re-decorated.

THIS EVENING.
Will be performed the Comedy of TWELFTH NIGHT. Viola,
Mrs. Charles Kean.
After which, THE RANSOM. Pauline, Mrs. Charles Kean.
To conclude with HIS LAST LEGS. O'Callaghan, Mr. ludson.

THEATRE ROYAL, ADELPIII.
rnder the direction of Madame celeste
During the Recess this Theatre has been entirely re-decorated, the
designs by Digby Wyatt, Esq., executed by Mr. Sang. A
icw Stage, Curtain, Act Drop, and Chandelier. An approved sys-
em of Ventilation, &c., Ice. The Private Boxes enlarged, Backs
Aded to the Seats, and Stalls rendered more comfortable.

THIS EVENING
Will be performed ST. MARY'S EVE.
To be followed by THE ENCHANTED ISLE.
After which a new Farce called SLASHER AND CRASHER,
Mr. Slasher, Mr. Wright ; Mr. Crasher, Mr. Paul Redford.
To conclude with THE DANCE OF THE SHIRT.

ZOYAL LYCEUM THEATRE.
Under the Management of Madame Vestris.
Sole Lessee. Mr. Charles Mathews.
THIS EVENING,
Will be performed THE MERRY WIVES OF WINDSOR. Cha-
racters by Messrs. Granby, F. Matthews, C. Mathews, Cooper, Bel-
lingham, Meadows, Selby, Hall, Binge, Bonner, F. Cooke, Charles,
MI s Marshall, %fadame Vestris, Mrs. Yates, Miss K. Fitzwilliam,
and Mrs. Macnamara.

To conclude with a comic Drama, entitled ♦NYTHING. FOR A
CHANGE. Characters by Messrs. Harley, C. Mathews, Honner;
Miss is. Fitxwilliam, and Miss Marshall.
.r.a. Boxes, bs.; Upper Boxes, 45.; rit, 2s. ; Gallery, Is. No
half-price to any part of the house.
Toe Aew Ron-office, No. 2, Wellington-street, is open to the
public every day, from Ten till Six.

PRINCESS'S THEATRE.
Mr. J. M. Maddox, Sole Lessee and Manager.

During the Recess this Theatre has been re-decorated and embel-
ished In a superb and costly manner by Mr. ilurwitz. ♦ new Chan-
delier has been fitted, and the best arrangements have been made for
t e due Ventllation of the Theatre, and the comfort and convenience
of the audience.

TO CORRESPONDENTS.
go communication can be attended to unless authea
Vaieir oy me name and address or me writer.
iiejected communications cannot be returned.

THE WEATHER.—SUN OFFICE, NOVMEBEA 21.
Tuaanwrrza, Lowest, 42, Highest, 53; soon, 49,

BARONZTER, 29 76.
WIND W.N.W.; morning, rain ; noon, fine sunshiny

weather.

lIIGLI WATER AT LONDON BRIDGE THIS DAY.
Morning .. 49 min. after 10 I Evening .. 20 min. after 11

tributions of prize money, to monuments erected by
way of memorial in the public streets of the capital,
and in the other great cities of the empire, our mili •
tary and naval heroes receive in a hundred different
ways expressions of the homage and admiration of their
compatriots. In these respects the glorious Captain who
gave his name to immortality on the fields of Meanee
and Hyderabad has, since the date of his return
homewards, been particularly fortunate. Banquets
of congratulation have been given to him with a cor-
dial air of enthusiasm in the metropolis of England,
in a fashionable watering-place like Cheltenham, and
ultimately in the beautiful capital of Ireland. For
several reasons the last-mentioned entertainment
must have possessed a peculiar and paramount
interest for the distinguished guest, seeing that, in
addition to the circumstance of his being welcomed
by so many of his most eminent brother officers, he
was greeted with their congratulations in the land of
his nativity. Besides the expressive eulogiutns pro-
nounced upon Sir CHARLES NAPIER by Prince
GEORGE of CAMBRIDGE, by his Grace the Duke of
LEINSTER, and by the forensic eloquence of Mr.
WHITESIDE, there were several details in the demon-
stration which must have affected the heart of the
Conqueror very gratefully. The mere decora-
tions of the Rotunda, the marble bust,
with its crown of laurel leaves, the mar-
tial strains of the band of the Inniskillen
Dragoons, the banners with their inscriptions, the
magic names of Corunna, of Busaco, of Fuentes
d'Onor, of Badajoz, of Meanee, of Hyderabad, of all
those foughten fields in whose dangers and in whose
glories he had alike participated, conveyed a language
nobler than that of compliment, and more truthful
than that of flattery; it expressed the national appre-
ciation of the bravery, the genius, the patriotism, the
self-sacrifice, the consistency, the perseverance, the
devotion, and the glory of a life, the whole energies
of which had been lavished in the furtherance of the
national interests, and in the enhancement of the
national reputation.

The judgment of the Court of Queen's Bench in
Ireland was pronounced on Saturday upon the writ
of error brought by Mr. Joint MARTIN against his
recent conviction under the "Treason Felony" Act,
when the Judges unanimously decided against the
prisoner upon all the questions submitted for their
consideration. The verdict of the jury and the sen-
tence thereon is, therefore, confirmed in every respect,
and the prisoner will, therefore, suffer the punishment
awarded for the very serious offence of which a jury
of his countrymen found him to be guilty, unless the
matter should be brought before a higher tribunal,
and a different decision should then be arrived at.
We shall not now enter into a consideration of the
technical points urged on behalf of the unfortunate
gentleman with so much ability and zeal by his ta-
lented counsel. In every question of mere form,
not going to the substantial merits of the case, the
decision is of little public importance. If the objec-
tions to the form of the caption of the indictment--
of the indictment itself—or of the sentence, had been
substantial, the only feeling that could arise would be
one of regret that justice had been defeated, and that
a criminal had escaped the penal consequences to
which he had deliberately subjected himself, through
any blunders on the part of those to whom the con-
duct of his prosecution had been entrusted. The
precedent could not be a very dangerous one, what-
ever way the case might have been decided. If it
had been in favour of the prisoner, new forms would
be prepared, which could not be objected to in any
of the particulars specified, so that no future
ill consequences would have resulted, and similar
questions would not again arise in any other case. The
unhappy man himself, warned by the perils from
which he had so fortunately been rescued, would
most probably have retired into private life, and ab-
stained from again venturing among the shoals and
quicksands of political adventure. On the other hand,
the judgment being in favour of the Crown cannot
in any degree prejudice the liberty or the safety of
any other citizen of the United Kingdom of Great
Britain and Ireland, for, as we have already stated,
the objections were purely formal, and did not in any
degree affect the justice of the case, or the fairness
and impartiality of the tribunal by which he was
convicted.

One point was, however, raised of a more serious
character, and which sa trust will receita tf),
attentive consideration it so eminently deserves. The
prisoner, on his trial, had challenged one of the
jurors for cause. He alleged that the gentleman
about to be sworn, and thus to become one of the
arbiters of his future fate, Ns as directly interested in
obtaining a conviction ; that, by the old charter of
HENRI- the FIFTH, the Corporation of Dublin becalm
entitled to the goods and chattels of all persons con
victed of felony in that city ; that the party ob-
jected to was a burgess and rate-payer of Dublin,
and as such liable to contribute to the borough fund,
established by the Municipal Corporation Act, and
that the borough fund was insufficient for the purposes
of the Act. It, therefore, followed as a matter of
course from these premises, that the gentlemen alluded
to would have to pay certain sums, which must be
diminished by the forfeiture of the prisoner's property.
There is nothing of more vital importance to the
well-being of a nation than that the administration
of justice should be beyond the breath of calumny or
suspicion—that its purity should not be merely unim-
peached but unimpeachable, and placed far beyond
the possibility of doubt or question. It is the con
-titutional privilege of every British subject that he
cannot be convicted of, or punished for, any serious
offence unless upon the oath of twelve of his peers
wholly indifferent between him and the Crown. If
any parties interested in obtaining a conviction can
be impannelled to try his case, this privilege
is invaded—the great palladium of the na-
tional liberties is set aside, so far as he is
concerned. The question is the same whether
the amount of interest be great or small, whether
it be of the utmost magnitude or of the most trivial
character. The law wisely makes no distinction in
such a case, because it would be impossible to draw
the line of demarcation, or to state with sufficient
certainty what degree of interest should be taken into
account. If a person could he benefited to the
extent of the smallest coin of the realm by the ver-
dict he might return, he would clearly be incom-
petent to decide, for a future case might occur where
the amount at stake might be a matter of real im-
portance and calculated to influence the mind of the
juror, who should be wholly unprejudiced
and impartial. Could it be said that a
member of a small corporation, where a few
persons would have the entire control and
management of the corporate funds, would not
have an interest in convicting a prisoner possessed of
very large personal property, if the same thereby
became forfeited to the corporation, to the amount of
many thousands of pounds ? Certainly not ; and yet
the precedent that has been established would make
such a person a proper arbiter on the life, liberty
and fortune, of the man, in whose goods when for-
feited his judge would participate. No question of
inconvenience, however embarrassing the result
might prove, should be allowed to have any weight
in deciding the point. The Legislature should be
appealed to. Parliament is alone competent to pro-
vide a fitting remedy. The legislative and judicial
functions are wholly separate and distinct. The
judges of the Supreme Courts are to interpret,
not to make the law. They have only
to decide on it as it exists, and if injurious conse-
quences should follow from that decision, another and
a very differently constituted body should deliberate
upon the measures thereby rendered necessary.
The entire system of forfeitures is of the most
odious description. Although the ancient law is still
maintained, depriving a party convicted of felony of
all his goods and chattels, it is seldom, if ever, prac-
tically enforced. The property is invariably restored,
when the person has expieted his offence, by suffering
allotted punishments, or it is distributed equitably
among the family and dependents of the convict.
Even in'the most aggravated cases of murder this rule
is generally acted upon. It would, indeed,
be most unjust to visit the sins of a father
upon his innocent wife and children. They
must suffer deeply under even the most favour-
able circumstances. Why should these sufferings be
unduly aggravated by their being plunged without any
fault of their own into poverty and destitution, and,
Perhaps, thus driven to crime, by the operation of
the law itself ? The practice that has been adopted
clearly establishes the impropriety of the system ;

for if it were not repugnant to the general feeling
of society, it would be more frequently acted On.
Why, then, should not this relic of barbarism
be wholly and immediately abolished, and swept
from the statute-book, on which it is a blot,
and a stain ? Adequate punishments can be allotted
to every degree of guilt ; why should one be super-
added that must necessarily prove most unequal in
its operation ? Bad, however, as it is when the Crown
is entitled to the forfeiture, it is infinitely worse when
the right has been delegated to private parties, such
as lords of the soil, corporations, &c. &c. In the
former case the penalty is generally remitted, and
the inconvenience can be removed, although it may
occasion expense and annoyance. No adequate
remedy, however, can be devised in the latter case.
But little benefit can he derived by the parties en-
titled; and we are convinced that there are few in-
deed who would not gladly surrender the possession of
a right so obnoxious, if required to do so by a decided
expression of public opinion.

TuE FRENCH REPUBLIC

We have received the Paris papers of yesterday.
The fetes in honour of the Constitution, which
took place on Sunday, passed off admirably. The
illuminations and fireworks in the Champs Elysees,
at the Barriere de l'Etoile, the Observatory, and the
Barriere du Trone, were magnificent.
The dinner at the Hotel de Ville went off excel-
lently, and the decorations and illuminations of the
Galerie des Fetes, in which it was held, were superb.
Alms and food were distributed to all the poor of
Paris.

Two Democratic banquets were likewise given on
Sunday evening. The one was that of the " Social
and Democratic Press," the other of " The Female
Social Democrats." The first of these banquets was
given at the Château Rouge, and the Abbe de LA-
MENNAIR presided. There were about 2,100 persons
pre,ent, and among them all the representatives in
the Assembly of the Montagne party, including MM.
LEDRU ROLLIN, BAC, BAVIGNIER, DAVID (d'Angers),
GUINARD, GREPI'O, JOLT, LAGRANGE, SCLICELIIER,
&c. The toasts and speeches have not yet been pub-
lished.

The banquet of the Democratic Ladies was at
the Barriere de Maine, and they mustered to the
number of 1,200. M. PIERRE LEROUX was the only
member of the National Assembly who attended.
Both banquets went off without any disturbance.
The Archbishops of Paris, of Lyons, and of
Bourges have issued pastoral letters, indirectly re-
commending their flocks to vote for General CA-
VAIGNAC as President.
The Bishop of Arras, the well known Cardinal DE
LA Tour D'AUVERGNE, has issued a circular, strongly
and directly urging his flock to support the claims of
General CAVAIGNAC. He commences by declaring
that, believing that the finger of GOD was mani-
fested in a remarkable manner in the Revolution of
February, they ought to forget the manner in which
some people endeavoured to turn it to their own
profit, and seeing the action of PROVIDENCE in the
affairs of this world, they should, in electing a Presi.
dent, look to the only means now left to insure the
restoration of order, tranquillity, and peace, and the
maintenance of religion. He, therefore, calls upon
them to beware of the vain boasting and fallacious
promises of some men, and to elect the man whom
their love of their country and their wisdom would
suggest to them. He then adds that when some of
the clergy asked him his advice as to the choice
they ought to make, the following was his
answer :—" The education which I have received has
taught me that gratitude was the virtue of an honest
and generous mind. I will never forget our deli-
verance from the insurrection of the month of June
last ; besides this, I am the son of a man who has
wielded the sword ; I have myself borne arms for a
time, and I shall vote for a sabre. I know France,
I think I will thus serve her, and prove to her that
I love her as she deserves." It should be recollected
that the Cardinal was a soldier before he was a bishop.
In answer to a requisition requesting him to stand
for the Presidency of the Republic, M. Louis BLANC
has written a letter, in which he says that he does not
think that there ought to be a President of the Re-
public, but that "if they think his name can be made
use of`as a protest against the title and functions of
President of tho Republic, he agrees to it willingly,
happy at being chosen to represent the great family
of the Luxembourg."

M. GUSTAVE DEBEAUMONT arrived in Paris from
London on Sunday.

The Moniteur, of yesterday, publishes the fo:
owing :

" The Evenement, on the faith of the Capitole of Tou-
louse, attributes to General de Lamoriciare, on the oc-
casion of the election of the President, an expression of
which the odiousness exceeds the absurdity. It would
be to lower oneself to give such inventions the honour
of a contradiction. The indignation and disgust of
honest people will not fail to do them justice,"
The sth company of the Ist battalion of the
3d legion of the National Guards of Paris met on
Saturday to choose delegates for the Central
Committee of Election for the President of the
Republic. Out of one hundred and sixteen voters,
eighty•nine declared in favour of General CA-
VAIGNIC, fourteen for LOUIS NAPOLEON, ten for
M. LEDRU ROLLIN, and three for M. DE LAMARTINE.
The French funds improved in a trifling degree
yesterday on the Bourse.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK-EXCHANGE, Nov. 20.
Boulogne and Amiens, 5% ex coupons—Luxembourg
(71.), %—Namur and Liege, 434:

S PAIN.
Madrid journals of the 15th have arrived.
The Gaceta contains the following:—

‘iodr kb
yj otuhren aEI sa,
gtl
seh articless oaf
the Spanish Government and the North American
Minister, with the object that Spain should cede the
nwehg oclhtni aht some
rne bi
is es of
np
theor ke e pn Nu
o be
f w l
sa
s entered upon in Madrid be-
tweenhYe
island of Cuba to the United States for a sum of money.
Although so absurd a piece of news sufficiently contra.
dicts itself, nevertheless, in order to thwart the designs
which its authors and propagators had proposed to them-
selves, we think it right to declare, being duly autho-
rised for the same, that this news is absolutely destitute
of all foundation.
The Heraldo says—
" An Anglo-American journal, the New York Herald,
has published a long article, in which it minutely relates
the negotiations commenced by the Government of the
United States with that of Spain, for the cession of the
island of Cuba. According to the American paper,
these negotiations have been very favourably received by
the Spanish Government, and are about to terminate by
means of a payment to Spas of a sum which is calcu-
lated at about 150 millions of dollars. The circumstance
of the Anglo-American papers being famous throughout
the world for the false news and data which they delight
to propagate, adorned with a thousand details intended
to give them an appearance of truth, would
almost absolve us from the duty of contra-
dicting this about the island of Cuba ; but as
it appears to have produced a certain impression on the
foreign journals, it is our duty to declare ex-
plicitly that it is altogether false; that no one has made
to the Spanish Government the ridiculous proposal of
its putting tip to sale, as if it were a useless piece of fur-
niture, one of the best parts of our territory inhabited by
Spaniards; and that if any one had made such a pro-
posal, he would probably be answered that, rather than
consent to the separation of Cuba from the mother-
country, Spain would expend her last resources, and
would shed the blood of her best sons. The false news
of the Anglo-American journal has probably no other
origin than the sinister intentions of the bad Spaniards
residing in the United States, who appear to obey a
foreign influence, in seeking by all possible means to effect
the ruin of so flourishing a possession, and which con-
trasts in so admirable a manner with the ruined foreign
colonies of the Caribbean Sea."
The Bolsa was closed on the 15th.

" Happy should we he if the painful experience which
we hale hitherto proved may suffice to nape, as this on
your minds ; then can I with eoniidemee reckon uo.m
your support ; it is indispeisabl, if out oFertions are to
prosper. A bond love alont e n sae, the Sate, and
every right-minded father of a family knows that wi•h-
out the State he has no protecting she Per.
" The object of the wicked is evident—their aim is
destruction and tho ruin of us all.
" Thererore, I offer you my hand to carry on this
great work. Let us commence it speedily, ere u time of
fermentation increases the desolation. Refuse not this
proffered hand. I consecrate all my energies to the
high behest which I have received.
." Confidence awakens confidence, and thus I am to
meet you. You mast understand mo. lam persuaded
that you will recognise the voice of common sense and of
sympathy, and not compel me to restore order by the
thunder of the artillery.
" The Imperial Governor of the capital city
of Vienna,
" Vienna, Nov. 12." " WELDEN.

The free communication between the City and the
suburbs, which had been interrupted since the com-
mencement of the siege, has been restored.

We find it stated officially in the Wiener Zeitung
that, since the surrender of the city to WlNDiscu-
GRATZ, 1,600 persons had been arrested charged with
having taken part in the insurrection of these 996
have been since set at liberty.

The following is the Imperial proclamation post-
ponir.g the re-assembling of the Diet to the 22d of
November :

" We, Ferdinand 1., Constitutional Emperor of Austria,
King of Hungary, &e.
" By our patent of the 22d of October, 1848, we have
called upon all the representatives of the people elected
to the Constituent Diet, to assemble, without tail, on the
15th of November, 1848, in our city of Kremsier, there
to continue their deliberations relative to the Constitution.
" We have been informed that several of the Deputies
had returned to their homes, and that, consequently, it
would bo difficult for them to appear at the appointed
place at the stated time.

•` We have also been informed that the preparations
necessary for the meeting of the Diet and the accommo-
dation of the Deputies, as well as other needful prepara-
tions, cannot be with certainty finished by the 13th of
November, 1848.

'•Finally, it is of importance that at the very corn-
menctinent of the proceedings the greatest number of
Deputies possible should be assembled.
"Considering these circumstances, we are induced to
postpone the day for the re-opening of the Diet, from the
15th to the 22d of November, 1848; and we are the more
assured that on the day appointed the Diet will com-
mence its proceedings in Kremsier. "FERDINAND.
" 011mutz' Nov. 10, 1848."
"All the Deputies of the Constituent Diet are sum-
moned by these presents to appear on the 22d day of
November at Kremsier, where this President of the Diet
will also meet.

" The PRESIDENT of the Diet.
" T. SMOLKA, President.
" WISE, Secretary.
"Vienna, Nov. 12, 1848."
FROBEL, who was condemned to death with BLUM,
left Vienna on the 12th, and arrived at Dresden on
the 14th. The judgment of the council of war con-
demning him to death had be-n read to him, and
immediately afterwards his pardon, whereupon he
was embraced by all 'the officers present, and dis-
charged from custody.
The Polish soldiers refused to shoot their country-
man. Count JELLAWICZE and the German soldiers were
of liged to perform the horrid office of executioners.
WINDISHGRATZ has caused 36 students and 80 Poles
to be hanged in the Belvidere, in addition to those on
whom execution has been done by " powder and
lead," as he somewhat quaintly phrases it. It would
really appear as if he were anxious to afford an ex post
facto justification of the doings of MARAT, DANTON,
ROBESPIERRE, and the Terrorists of France. The
garrison of Vienna, which amounts to 25,000 men, is
composed exclusively of Moravians and Bohemians,
the German soldiers having been sent against the

Hungarians.
The first corps darmee under JELLACHICH marched
from Vienna against the Hungarians on the 14th.
WINDISCHGEATZ was to follow in a few days. The
Hungarian army occupies at Goeding an almost un-
assailable position. The Servians of the south are
endeavouring to make peace with the Hungarians, as
they are desirous of throwing off the Austrian yoke
KOSSUTH is at Presburgh, preparing to defend that
city. He has sent his family to Harnburgh for safety-
They passed through Prague on the 9th.
The Schlesische Zeitung states, that according to
official reports, the loss sustained by the Imperial
troops during the siege of Vienna amounted to 277
killed and 800 wounded.
Public opinion, even among the Sclavonians, is
observed to be turning more in favour of the Vien-
nese within the last fortnight. Even at Prague,
where Sclavonian feelings are so strong, this is very
apparent. The Sclavonian deputies, with STROBACH
and PALACKY at their head, have expressed disap-
proval of the measures adopted against Vienna, and
against WINDISCHGRATZ'S severity. This is very dif-
ferent from their policy on the first breaking out of
the revolt. It is said throughout Germany, that the
cruelties practised both at Prague and Vienna by
WirrniscucaaTz can only be paralleled by those
of the Duke of ALBA in Flanders.

The Viennese are outrageous against the EMPE-
ROR, who has caused every capital in his dominions
to be bombarded. Milan, Prague and Vienna
have all been bombarded by his orders within little
more than six months, and now he has ordered the
bombardment of Pesth. This conduct has com-
pletely uprooted every feeling of attachment to the
reigning family, and in the event of a foreign war,
although the Austrians would defend their country,
not one would draw a sword or fire a shot for the
EMPEROR.

The most minute inquiries have been instituted as
o the conduct of the people during the time
Vienna was in their possession, and not a single
crime has been brought to light. Property was re.
spected, personal liberty was respected, and the only
acts approaching to violence of which the populace
were guilty, were the preventing some of the Na-
tional Guards from deserting their posts, and the
hunting out of skulkers and forcing them to bear arms
during the time of the siege.
The Wiener Zeitung, under the date; Lemberg,
Oct. 31, publishes the following official account of
the progress of the cholera in Austrian Poland :
"The medical report of the progress of the Asiatic
cholera states that, up to the 24th, there took place, in
759 villages, with a population of 1,034,437 inhabitants,
53,960 cases of cholera; of these 30,557 recovered,
17,283 died, and 3,119 remained under treatment.
" Since the first appearance of the Asiatic cholera in
this province, including 1,032 towns and villages, with a
population of 1,333,316 inhabitants, 69,737 persons were
seized; of these 40,715 recovered, 25,903 died, and 3,119
remained under treatment."

PRUSSIA.

A meeting of the Town Council of Berlin was held
on the 15th, at which it was determined to send a
deputation to the Prince of PRUSSIA, to request him to
mediate between the ICING and the Assembly. The
deputation had an audience of the Prince on the 16th,
and on the 17th they presented to the Town Council
the following report of their reception :
" Yesterday at five o'clock the deputation was intro-
duced to the Prince, who had previously obtained the
King's permission to receive them. The Prince read
the address of the Representatives, after which he de-
clared that he had most carefully consulted several autho
rities on the question pending at this moment between
the Crown and the people, and that any arrangement
with the fraction of the National Assembly which had
continued to sit, was quite impossible. Professor Gneist,
a member of the deputation, then carefully explained to
the Prince the right of the National Assembly in point
of law, after having premised that in his quality of
member of the superior tribunal ho was accustomed to
adhere as rigorously to the law as to truth.
His view of the case produced an evident impression on
the Prince, who, however, declared he was not convinced
by it.
" The Commissary of Justice, M. Lowald, set aside
the point of law, and desired that the Prince would effect
a mediation. The Prince replied that several nego-
tiations were already pending relative to the formation
of a new Ministry; but that M. Grabow himself was of
opinion that there was no other means of putting an end
to the anarchy of Berlin than by persisting in the course
entered upon; that the Crown had fallen into a false po-
sition by its condescension on the 17th of March, and
that on the present occasion the line of conduct traced
out must be persevered in. Several members having
given the Prince to understand that the very existence
of the Crown might be involved in this, the Prince
If the dynasty falls, it will, at any rate, fall with
honour.' He concluded by saying that none of the con-
cessions made would be revoked.
"A member of the deputation having spoken of the
danger which the King incurred in this respect,
"The Prince replied that the piety of the King and
the firmness with which he adhered to his pledged word
were sufficient guarantees.
" The Princess of Prussia and the young Prince also
spoke to the deputation.
"M. Lewald remarked that the view taken by the
Prince of ,Prussia still savoured of the ancient absolu-
tism, and that the words obedient subjects,' 'command
of the King,' &c., constantly fell from his lips."
The disarming of the Burgher Guard continues
without any but passive resistance being offered by
the citizens. Admittance to the houses is refused,
but no resistance is offered, the object being to force -

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