The Sun.
London, England, 1848-01-17 00:00:00

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TilE SUN, LONDON, MONDAY EVEzNING, JANUARY 17, is4s.

vocate should endeavour to gain, by deluding the court
and the jury, that which he absolutely knows of his
own knowledge to be a false verdict." And this is laid
down as a principle, " whether the question be one of
Ia farthing damages or of a human life." What is
I intended by the expression "knows of his own know-
-1 ledge," as applied to the case of an advocate ? We
cannot say, unless it be belief and moral certainty.
An advocate, properly speaking, has no knowledge of
his own in any case wherein his services are engaged.
All his information is mediate and communicated,
all his " knowledge" is opinion drawn from the
statements of others. If, then, our Contemporary
means (and we can infer no other meaning from the
words we have quoted) that no advocate is
justified in endeavouring to gain a verdict for
a client, when he believes in his own
mind that the cause of that client is unjust
and without merits, there is an end to all judicial
inquiry, and trial by jury is a piece of useless ma-
chinery. In a civil cause no debtor can confide in
his advocate, lest he admit the debt and lose the
benefit of that counsel's exertions. In a criminal
case, if a prisoner confesses his guilt, or makes ad-
missions which in his counsel's opinion criminate
him (for, after all, this is what is popularly called
confession), he may be tried and condemned on the
moat insufficient evidence, for his counsel must " not
delude the jury into a verdict he knows to be false."
Let us suppose an action for libel brought against
our Contemporary ; how would be be startled by
hearing the counsel retained for his defence say—
"l believe this charge to be true. The libel is a
malicious one. I know it to be so from the perusal
of my brief. I must not delude the jury. I can
watch the case, but no more." In our opinion the
defendant in a civil cause and the prisoner in
a criminal proceeding are to be tried by the evidence
alone. This is the true and constitutional rule.
Every argument which is opened on that evidence
is free and lawful to counsel. Let any rule short of
this be laid down, and then in the words of Mr.
DIGBY SEYMOUR, "The relation of counsel and client
will be deranged, their mutual confidence inter-
rupted, and the principle of advocacy will be
abolished altogether." But our Contemporary goes
still further, and observes, " We more than doubt if
when a client has confessed himself to be guilty of
a crime counsel are justified in doing more than
watching that he is only condemned according to the
strict forms of law." But, first, is it not possible that
statements which amount in the judgment of one
counsel to a confession of guilt, may in the mind of
another be reconcilable with innocence ? l'Vhat form
of confession then is that to be which is to exclude a
prisoner from the benefit of counsel ? May not
the confession be contradictory ? In REID'S case, his
counsel " did not believe " his statements. How then
is counsel to act ? Suppose such cases as those which
have actually happened, that a man is charged with
a murder, of which his own brother or father was
guilty, and that to save that brother's or father's life he
" confessed" his own guilt. What then is to be done?
Is counsel only "to watch that he is condemned
according to the strict form of law ?"
But, secondly, as we have already said, what is the
meaning of a counsel's privilege ? IV by cannot a
counsel be compelled to become a witness against his
client ? Because the principle of the British law is,
that whatever a client states to his advocate is not to
weigh in any manner against him. Counsel
is " not to hurry into the witness-box to
ruin and betray him." Nor is a prisoner
however guilty to be condemned before his trial,
and to lose his life because he has confided in his
counsel.

ance of the Pope, and of the Grand Duke of Tus-
cany. The Jesuits at Genoa have closed their
churches and their convents; some have retired to
Nice, and others to Montebello. The details re- '
ceived from Milan of the events which have taken
place there mention the number of killed and
wounded as greater than was at first mentioned.
Count Casati, Mayor of Milan, has left for Vienna.
M. Di?cio, Councillor of State, although devoted
to the Government, has tendered his re:•ivration. The
Canon Opizzoni, cure of the Dome, said in presence
of the Viceroy and the authorities, lam eighty-five
years of age, lime seen the Russians, the French, and
the Austrians enter as conquerors into Milan ; but.
never have I seen such a day as on the 3d instant,
I have never seen the people assassinated in the
streets.' The Archbishop, preaching at the cathedral,
concluded his sermon by these words, ' unite your
prayers to mine, in order that those who govern us
may be more just, and more humane.'"
The Resorgintento, of the 11th instant, announces
that an order has been published at Turin, that the
contingent of 1626, which was to have been replaced
by that of 1527, should still remain embodied. The
infantry contingent of the year 1825 is called out
entire. The artillery contingent of the year 1824
is equally called out, as well as the light infantry of
the year 1823. The officers and sub officers
who were on leave are recalled to their duty.
Orders have also been given to put all the fortified
places in a state of defence. The publication of this
order, it is said, added to the municipal and provin •
cis). law, has caused an extraordinary sensation at
Turin, and a great number of workmen belonging
to the contingents, which have not been called out,
have demanded to rejoin. These orders have
emanated entirely from the KING, and are consi-
dered as a large compensation for his refusal to accede
to the petition of the Genoese, and as much more
efficacious for the maintenance of the independence of
Italy.

CISCO NARVAEZ, and the Generals JOSE and MANuEr.
CONCHA.

The Clamor Public() announces that Dr. SANcnrz,
one of the QUHEN'S physicians, has taken up his re-
,iidence in the Palace, in order to be able to watch
more closely over the health of her MAJESTY.
The bank of San Fernando had received 1.1,000
ounces of gold.

The Herald() declares that there is no truth in the
reports which were current, of the Cortes being about
to be suspended or dissolved, and of M SAKTORIUS
having received a title of nobility.
MADRID BOLSA, .JAN. 10.—The Three per Cents.
were done at 27 at ,c 0 days; Four per Cents. I cash ;
Five per Cents., 15i at 50 days ; Passive Debt, a;
Coupons, 10} cash. After the close the Three per
Cents. were done at 24 to 3-16. Exchange on
London, 411 30.

We have received the Paris papers of Saturday and
yesterday.
The debate on the p:tragnpli in the Address re-
lating to the affairs of Switzerland was continued in
the Chamber of Peers on Friday and Saturday.
Count MONTALKMBERT made a moat eloquent speech
in defence of the Jesuits and the Sonderbund—a
speech which, as the Constautionnel says, "dis-
played great talent in a detestable cause." There is
much good sense in the following observations of the
Sikle

" It may be permitted to the ♦anquished to attempt
to interest their powerful neighbours in their tate,
but the voice of truth is louder than the clamour of
despair. If the popular feeling had energetically
supported the Sonderbund in the Seven Cantons,
the result of the contest would have been different.
The action of the Diet was energetic and prompt,
but it would not have sufficed to destroy the Son-
derbund if the Federal cause had not been that of
the people."
On Saturday M. GUIZOT addressed the Chamber in
defence of his Swiss policy, and of course abused the
Federal Government, and eulogised the Jesuits and
the Sonderbund. The debate was adjourned at the
conclusion of the speech of M. GUIZOT.
The retrograde policy of M. GTJIZOT is beginning
to produce that effect which we have so frequently
declared it would produce in France. It has alienated
the friends without conciliating the enemies of the
dynasty, and the first use the Jesuits make of the
Ministerial favour is to endeavour to excite a move-
ment in opposition to the family of the KING, of whom
M. Guzzor is the Minister. Perhaps, however, M.
GUIZOT may be contemplating a journey to Neuf-
chatel, as of yore he journeyed to Ghent. It will
not be the first tacit understanding he has had with
the Jesuit party. As a proof of the effects produced
by his ill-timed concessions to,
,and eulogies on the
parti pretre, we give the following from the Na
Lionel

The ltaliano of Bologna, of the Ith, has the fol-
lowing:—
" The new Duke of Parma left Modena precipi-
tately after a serious altercation with the Duke of
Modena, in which he declared that he regards as null
and void the convention of 1844, for the cession of
Guastalla, in return for a loan of four million francs ;
that he is ready to refund the money, but not to
deliver up the town. The same journal mentions a
rather extraordinary rumour, viz., that the Duke of
Parma has declared apocryphal the manifesto of the
26th ult. issued in his name, and has applied to the
King of Sardinia to deliver him from the occupation
of his states by Austrian troops."

We have received intelligence from Portugal by
the steam-ship Montrose, which arrived at Southamp-
ton on Saturday. The Montrose left Gibraltar Jan.
3d; Cadiz, 4th; Lisbon, 9th ; Oporto, 10th; and Vigo,
1 1 th.

" The Duchess of Bordeaux is enciente ; at least
the clergy are spreading the report, in order to excite
the lukewarm zeal of the partisans of the elder branch,
and to hold in check the younger one. In all the
churches of Paris prayers are being offered up, im•
ploring God to cause the trunk of St. Louis to again
send forth shoots, and to perpetuate the reign of our
most Christian kings, which implies their previous
restoration to the throne. These prayers commenced
at St. Thomas d'Aquin. We wish to ask Mgr. Affre,
loaded as he is with all the favours of the Holy Spirit,
and of the King of the French, if he has any know-
ledge of a lit le printed paper which is distributed in
the vestry• rooms, the confessionals, and, in fact, in
all holy places. If he knows of it, he has authorised,
or at least tolerated it. If he is not aware of it—but
that is not possible, as Monseigneur cannot be classed
amongst the lazy archbishops. But, in order that the
document may not be denied, here is the curious and
edifying production. At top may be seen the mono-
gram of one of our thousand resuscitated associations,
an A and an M twined together, and below a branch
of oak united to a lily stem, loaded with flowers and
buds. An ingenious and touching allegory is it not I—
"AWARANTAISIE OY PRAYERS TO THE HOST HOLY
♦IRGINI, TO IMPLORE GOD TO PERPETUATE THE
RACE OP ST. LOUIS.

Our space this day does not permit us to continue
the observations we had intended on this subject, but
we shall hereafter consider other arguments that have
been adduced, and see how far they will bear a calm
and dispasionate examination.

MONEY and COMMERCIAL iNEWN.
err QUARTE R TO THREE.

The Cutton Market at Liverpool on Siturday was
steady; sales, 3,600 balus.—llailway Shares were in
fair &nand and well F apported.
The accounts received by the Hibernia steamer are
very favourable for this country-, bnt somewhat unsatis-
factory for America. ,It is stated in a Now York journal
that—

Do., Quarters L. & B. 22
Do., d0., New
Ditto Fifths
Do. IA Shares (G. J.) 25
Do 40/.Shares(L.M.) 15 —
. _

Do. 40/. (M. &`B.) ... 40
Do. 10/. (M. & 13.) A. 71/4 —
Do. 10/. (M. & B.) R. 71A — ......
Do. 104 (al. & B.) C. 1
Land. & S.Western ...W. 6L 8(1.... i 5 5414 . .....„
Do. New Consol. Bths 40 -000000000 •• •••
Do. New 50/. ... ..... 321/4..
Do. New 40/. 26
Do. Tenths (Consol.) 50

" The demand from the Government for money has
already commenced. A call has already been made for
four millions of dollars,
to meet the deficiency in the
estimates, on account of the war expenditures. This
an ount will have to be raised at once, by an issue of
Treasury notes, on account of the old loan, if the
amount authorised is not alreudy exhausted. These Tres-
,ary notes must be sold for specie at some price, and the
bidders for the last loan will have to submit to a loss of
one or two per cent. on them. here are four millions
of dollars in specie to he drawn at once from the chan-
nels of comcserce, and its withdrawal must create eon
snlyrable contractions in the oix rations of the banks.
This is the beginning of the end; it is but the com-
mencement of a drain, the extent of which is as un
halite' as the Mexican War.

..-.
.--.
54 1,2'
.....
.---
..

Ditto ditto 40
Ditto, Thirds 3/. 6s. 8d.... . ..... ..
London, Salisbury, :tad
Yeovil
Londonderry&G.l;raine 2714 — ........
Londonderry and Ennis-
killen ... •••
Manchester,Buxton,and
Matlock a
Manchester, Sheilield,
and Lincolnshire ...100
Do. Quarters (tie. 1) 13 ••-

_
x

Ditto ditto (No. 2)... 25
Ditto ditto (No. 3)... 714 —
Ditto and Grimbiry.... 25 ••• 00000 ••••••
Ditto ditto . .........
Ditto ditto -
Ditto Sheffield and
Lincolnshire 714 • ••••••••••••«.4
?dandiest. & Southarapt 2 A .......
Mildank
Do. Consolidated Prefab. ...... _

"The importations for the pest few weeks hare been
rompurutirely limited, and the revenue from customs cor-
reepondingly- small. The resources of the. Government
hove, therefore, been reduced, and the deficiency
in the-estimates, in the beginning of the new year will be
large enough to give a revenue from customs full as
large as that estimated by the Secretary of the
Treasury. It must be borne in mind that to give this
income from Customs, the importations must be exceed-
ingly large, and that these importations will have to be
paid for. What are not paid for in exports of merchan-
dise, must be paid for in specie. The larger the impor-
tation, the greater the demand upon the banks for specie
to Europe."
to pay into the Custom- house for duties and for shipment

;a%

Do. 414 Shares ...... 40 •••••- f 54%.• •••••••••
Da SOL Bharat. ..... ow lb .•••••• ...................
Do. Biala.. and Derbyloo .41.4.11. ...... •••••••••••••••
Midland Coneel. Brist. &
Birrning., 6 pc. et. —.lOO mows* a.... •••••••••••••••
blidlnd, Bast. &Glocetr. 66 ........ . ...
Ditto, ditto
Midlud:Leicest. Ss Swan-
nington, 8 per ct.par.loll ...... ..-- ......
Midland Great Western
Irish B5 •••••• .-- ••......• ......
N encastle and Carlisle ••100 •••... --- ...«.......«
Do. Quarters 25 ......
Newmrket&Chesterferil 16%
Do. Extension .........21. 12s .-- ...
Newport, Abergarenny,
and Hereford 6 •••••• -- .••••••••
Newry and Enniskillen 7 - .....
Newry, Warrenpoint,
and Rostreyor 12% — .. ..
Norfolk ........ 100
Do. New 20/.
Do. Extension
Do. Scrip, 1847, North
of Norfolk 2 - ..• ..... go."
Do. do. Waveney Val. 2
Northern Counties Union 4 - ...... ...„,....
North British ........... 25
Do. Half Shares; 12%...... 12 ...•
Do. Quarters 434 4%.....
Do. Extension
Ditto Thirds 2
Nortl Staffordshire l6 ...... 10 9% 10%...
North Wales
North Western

The banks were generally much beyond their fair
circulation in proportion to the specie held, and several
had in consequence already gone " tothe wall." Cotton
and corn were quiet.
The advices received to-day from the Continent are
not of a cheerful character. More failures are an•
nounced in Germany, although we are glad to find that
Messrs. Kuscl had resumed. Money was easy, not-
ithstanding, both at Frankfort and Hamburgh, and
the exchange was more in favour of England.
The Funds have been fluctuating a little tc•3ay, the
result both of the accounts from abroad and the arrange-
ments for settling the account. The report early in the
day that Louis Philippe was again indisposed induced
some forced sales, but a little stock was taken at 86
to 87, the following bargains being at VI. The
later accounts from Paris contradict the state•
ments about the King, and the further large arrivals of
_bullion have a favourable effect. Within the last three
days probably about a quarter of a million sterling has
been received in London alone. Exchequer-bills
realise 255. to 375. premium. The New Three-and•a-
Quarter per Cents. are 88 to 881. Bank Stock has been
marked 1941 to 197.

ibio
Sllli
011.1•

24
11

The Foreign Bondi have been very dull. Spanish
Five per Cents. are flatter at 18i to 19i. and the
Three per Cents. 2* Portuguese Four per Cents. are
25i to 26 ; Mexica❑ 174 ; Dutch Two-and-a-Half per
Cents. 54 to 54i.

..___ __
xford, Worcester, and
Wolverhampton ...... 85 ... .. 201
Reading, Guildford, and
Reigate
Royston and llitchin ... 1
Scottish Central
Scottish Midland 2O - • •••• •
Ditto, New lO - 00000000 ••• ••
Sheffield, Rotherham,
and Goole
Shrewsbury and 8ir0... 7
Ditto ditto, Class B. 4
Shrewsbury & Chester
(Nor. W. Min.) l6
Ditto Halves ... ditto 8
.....

Railway Shares have not been extensively dealt in,
but are generally at fuller prices for the English lines.
The French continue flat.

Ditto Oswestry ...... 12
Ditto New ..
Do. 8 per Cent. Pref. 5
Shrewsbury and Nereid. 2 ......
Shropskire Union
south Devon... 4O ....•• 22 .• •••• ..... ••
Do. Preference
south Staffordshire
outh Eastern & Dover. 3314 3l
Do., No. 1 24
Do., N(.. 2.
Do., No. 3 ............. 20
D0., No. 4
South Wales
South Yorkshire, Don-

-_ _____
ONM CLOSING
eltlcEs Of isItITISH FUNDS. O'CLOCK PRICES
Bank Stock
3 per Cent. Reduce.] Anne........ 87%1
87%
Z per Cent. Consols Annuities.-- 86 7,ig 87% 87%
Sew 34 per Cent. Aims BB 88% 88N
Long Anne. to expire J an. 1860 .•• $ 11-16 % 8%
Ditto, Oct. 10, 1859 .....
India Bondi', 1,000/.
Ditto under 1,000/. .. ...... •—• — 14 p
Bank Stock for Account ...
Consols for Account 86% 87% 67%
Exchequer Bills. 3d.
1,000/. ... ... 26 27 p 27 p
500/. .. „
Small

caster, and Goole 3
...•• ••
'wane. & Lougher do Ca-

meron's Stn. C0a1.... 4 ~. »,,,• •.
I'aw Vale Extension ... 4 - .11 to. ********
fliames Haven Dock

OlfE CLOAINO
PACE,A OF FOREIGN FUNDS. O'CLOCK. rRICES.
Ga
,ir
Ditto,ee
xn a,
e( 1 n
Deferred
Bonds,s i,e r
C 1 e
nt per.
ICBe4n6t C. —
4
173 A 173/4
Ditto, Account
Peruvian Bolds, 6 per Cents - 36
Portuguese i per Cents. —
Ditto, 4 per Cent 233/4 26 26
Ditto. Account ... ..... ...... 26 26% 26
Russian Bonds .
Spanish 5 per Cent. 1840
Ditto, Account 19,4 19
Ditto. 3 per Cent 21% 29%
Dividends on the above payable in London.

and Railway 174 —
•••
Vale of Neath 4
'Natertord and Kilkenny 1312.
,Vatertord and Limerick 40
Watertd,Wklrd,Wicklw,
and Dublin
N est Cornwall
,y hiteliaTen & Furness 12
Nindsor, Staines, and

7%
29