The Sun.
London, England, 1848-12-04 00:00:00

ONDON, MONDAY EVENING, DECEMBER 4, 1848

SUN,

attempted to sot aside the rule for the allowance of
costs; Judge PATTESON, however, very properly re-
fused to make any decision on the subject, leaving
the discomfited Prelate to bring the matter before
the full Court if he should think proper.
We shall await the conclusion of the matter with
some curiosity, to see whether those costs will be
enforced, or whether the salutary provisions of the
statute, which, for the first time, aftbrded some slight
protection to public journalists from the attacks to
which they were exposed, is to be frittered away and
disregarded on some frivolous technical grounds.

THE FRENCH REPUBLIC.

We have received the Paris papers of Saturday.
At :the close of the sitting of the Assembly on
Friday the following Ministerial communication
was made on the subject of the arrival in France of
the POPE :

The President—The tribune is to M. Vivien, for a
communication from the Government.
The Minister of Public Works—l wish to state to
the Assembly that the Minister of Public Worship has
been ordered by the Government to proceed to Mar-
seilles, to receive, in a fitting manner, the Sovereign Pon-
tiff, and give him a welcome worthy of himself and of
the Republic.--(Hear, hear.)
The Abbtl Parisis, Bishop of Langres—l make myself
the organ of all true believers, when I give every com-
mendation to the Government for the manner in which
it has acted in this matter. The language of the As-
sembly yesterday, and the demonstration which re-
sponded to it, will, I doubt not, draw down the blessing
of God on our labour.—(Hear, hear.)
At the sitting of the National Assembly on Satur-
day, the President read the following letter addressed to
the National Assembly by the Apostolical Nuncio in
Paris:—

" Paris, Dec. 1.
"M. le President,—The noble sentiments manifested
in so signal a manner by the National Assembly, at the
sitting of this day, towards the person of the Most Holy
Father have affected me to the bottom of my soul. I
hasten to convey immediately to the Assembly, through
your medium, the expression of all the gratitude I feel
for the Government of the Republic, and for the worthy
representatives of France—of that nation which can
never forget its generous instinct and traditional de-
votedness. Accept, M. le President, with my thanks,
the assurance of my most distinguished consideration.
" The Archbishop of NICEA,
Apostolical Nuncio."
M. Marrast, President of the Assembly, returned the
following reply to the Pope's Nuncio:—

Mr. Vettely, the reporter of the minority, made a most
violent attack on the present Imperial Ministry, for
their policy in the Austrian question. Ile blamed par-
tieu!arly M. Schmerling, President of the Council, who,
in his opinion, had served, not Germany, but the Aus
"_Tian Government, and ought therefore to be not an Im-
perial Minister, but Minister to Prince Winclischgratz
'Tat Minister," said ho, "who has acted here for
Austria, send him to Austrio." "To support monerchv
by reaction," continued he, " will unavoidably cause
the Republic and anarchy to pass over you (the As-
sembly) like the sirocco over the desert."
After the Austrian affair had been again referred to
the committee, a discussion took place on a motion of
the committee appointed to report on an electioneering
circular, issued by the Provincial Government of Mo-
ravia at Bruenn, Oct. 20th, to the magistracy at Tes-
chen, in Austrian Silesia. The committee disapproved
the step taken on the part of the Moravian authorities.
Count Deym (of Austria) proposed the simple order
of the day. Ho observed that the German Assembly,
particularly in its present provisional existence, could
not control Austrian Government measures, nor indeed
should it interfere with the measures of any other indi-
vidual Government. " Austria," said the speaker,
" cannot, and will not, appertain to Germany. If you
will have it, you must send an army and conquer it."
Raveaux (of Cologne) asked why the Austrians, hav-
ing such ideas, put themselves at the head of the Ger-
man movement since March? The most culpable in-
trigues, he believed, have been formed against the
German liberty and unity since the preparatory Ger-
man Parliament. lie supported the motion of the com-
mittee.

Dr. Berger (of Vienna) followed in support of the mo-
tion of the Committee. Austria, he said, will soon recall
its Deputies from the Assembly, and of course they will
be then obliged to leave. Austrian Deputies have
already decided in their clubs at Kremsier not to ac•
knowledge the German Parliament.
After few remarks from the reporter of the Committee
against Count Deym, the Assembly agreed by a large
majority to the motion proposed.

HUNGARY.
The preparations made by the Magyars to defend
their country against the Imperialists are of the most
formidable character. Pesth will be, in all proba-
bility, the Moscow of WINDISCHGRATZ. We extract
the following from the Breslau Zeitune; :
HUNGARY, Nov. 24.--FROM THE C ARPATHIAN
MOUNTAINS.-- We hear from Hungary that the rebel-
lion is everywhere in our hills completely organized,
and that money which was required for the purpose
has not been spared. The want of food and the
difficulties arising therefrom have been lightened, a
considerable number of young men have joined the
revolters. In the meantime, though many diffe-
rences of opinion exist among them, still very many of
the Hungarian magnates who have possession in these
mountains have sent orders to their managers to favour
the Hungarian cause, so that of this class many have
enrolled themselves. From the Ruthenes, of whom a
great number are constantly coming down from
the Carpathians to Lower Hungary, the greater
number have taken service because they thereby
get good pay. Szolnoek on the Theiz most
particularly supplies recruits. I❑ Upper Hungary,
and cheifly on the neighbourhood between Pres-
burg, Tirnan, and Raab, not only is every eligible point
fortified, but care has also been taken to make the
roads (which are always bad) perfectly impassable.
In all the country—that is to say, so far as the Hun-
garian army occupies and operates, measures are
taken, in the event of a retreat, to burn the villages,
and either to carry off or destroy all food whatever ;
also to remove the inhabitants, so that the enemy who
enters may find a desert. Most certainly the entrench-
ments between this and Pesth are most formidable.
Everything is provided for carrying on a war of destruc-
tion. What the country suffers, and how it is to be
restored when all these troubles are over, is not so clear,
Trade and industry are prostrate, and bands are formed
which, under the title of war parties, are already carrying
on a system of open robbery. The army of Windisch-
gratz has already arrived between Presburg and Tirnan.
The right wing, it is said, will take Presburg, while the
left will operate on the Donan, and will protect the rail-
way. Jellachich's army stands between Presburg and
Bruck, on the Leitha, on the right bank of the Dorian.
Serious events must soon take place.
FROM THE HUNGARIAN BORDERS. - The address
which Kossuth made before his departure from Pres-
burg has reached all hearts, and has diffused a greater
contempt of death amongst all classes. He has held
up the wooden cup and the wooden spoon in the high
places, by which he not only has kept his eye upon
his business, but he has also shown the people what
Hungary would have to expect hi the event of any,
Austrian re• action succeeding. Presburg will be at-
tacked by the Imperial troops on the 26th or 27th, and
seems determined to hold out as long as possible.
Prince Palffy in Vienna, who has completely separated
himself from the ruling party in Hungary, has given
orders to his stewards rather to destroy the horses of
his splendid stud than permit them to be given to the
requisitions of the National Guard. Only a very few
of the aristocrats have followed his example, and not
gone back to Hungary. as the Imeperial Diet required.
Many of the old people have done so, who dread the
miseries which would be inflicted upon them at home,
and would have as much to fear from the insurgents
as the Imperialists.

RUSSIA.
The Kolniche Zeitung gives the following letter
from Posen, dated 25th November:—
" A traveller, who has just arrived from Warsaw, as-
sures us that the strength of the Russian army, which is
already assembled on this side the Weischel, amounts
to nearly 400,000 men. The head-quarters of their
artillery, which numbers some 300 pieces of cannon,
is at Kresniewise, thirteen miles from the Prussian
boundary, on the high road from Kalisch to Warsaw,
and which is the connecting point of the roads to
Thorn, Posen, and Breslau. Warsaw and the sur-
rounding places are also full of troops. Up to the de-
parture of our informant, the guards had not arrived from
St. Petersburgh, as had been reported for several days;
neither had any commander-in-chief been yet named.
The arrival and appointment of one was expected when
war should be declared. Upon the affairs of Germany
generally the most complete ignorance prevailed at War-
saw and nearly throughout the whole kingdom of Poland.
The official papers give in their reports the most fright-
ful accounts of the prevailing anarchy, of the desecration
of churches and murders; and, in short, they state that
the struggle is not one for the political freedom of the
people, but a purely religious fight, in which a parcel of
wild, hot- headed pagans and blasphemers were striving
against the believers in Christ. These assertions are
not generally credited by well-informed people;
but it is considered that they are put forth for
the purpose of exciting the common soldiery, in whom
they have created the wildest fanaticism. The strictest
observation is kept on foreigners. Every one must, on
his arrival, declare the object of his journey; and if he is
a workman, he must at once go to the person by whom
he is engaged, and even then the strictest surveillance is
exercised towards him. My informant himself had per-
fect experience on this point; because he had, immedi-
ately on his arrival, changed some foreign money for
Russian silver coin, before he had reported himself to the
police-office for foreigners, he was compelled to undergo
the strictest examination, which lasted for eight days;
and, as long as he remained, he was compelled to report
himself daily to the police, and to give an account of
his doings. _

"But If the foreigner is merely travelling for amuse-
ment ho is immediately regarded with suspicion, and
everybody is more or less suspected, and he is conducted
back over the border, unless he is provided with
the recommendation of same influential party. If
that is the case, he is allowed, with the greatest
precautions and civilities, to proceed to Warsaw
with a companion, who appears in the character of
a friend, but who makes a daily written report of all
circumstances and people to whom he may speak, which
report is daily forwarded to the highest authority in the
district, and his companion never leaves him night or
day, but eats, drinks, and sleeps in the same apartment
with him until he takes his departure. From such policy
towards strangers, and from the prohibition of all Ger-
man papers, it is only natural that the grossest igno-
rance should prevail as to occurrences in the other parts
of the world. Nevertheless there are several amongst
the higher classes who are perfectly well-informed of
what is going forward here and in Germany. They ob-
tain news personally and at great risk even to the
greatest and most important personages. We know of
a Magnate from the neighbourhood of Sandomierz, who
has been no less than six times here, to inform himself
of what is going on."

COURT CIRCULAR.
OSBORNE, SATURDAY.
The Queen and Prince Albert took their usual walk
this morning about the grounds at Osborne.
The younger branches of the Royal Family took
their accustomed exercise.
Colonel Bouverie arrived yesterday afternoon, to
attend on the Prince as Equerry in Waiting.

SUNDAY.
The Queen and Prince Albert, accompanied by the
younger branches of the Royal Family, walked in
the gardens this morning.
The Queen and Prince Albert, accompanied by the
Countess of Gainsborough, Lord and Lady John
Russell, Colonel Berkeley Drummond, and Colonel
Bouverie, attended Divine service at Wbippingham
Church.

Colonel the Hon. Charles Phipps bad the honour of
joining the royal dinner party at Osborne yesterday.

Sir Robert Kane and the Rev. Dr. P. Shuldham
Henry had an interview with Sir G. Grey on Satur-
day, at the Home-office.

Mr. Brickwood (South Sea House) and Mr. Barnes
had an interview with the Chancellor of the Ex.
chequer on Saturday, at his official residence in
Downing-street

Earl Grey had a dinner party on Friday at his
residence in Belgrave-square. The company included
the Solicitor- General, Mr. Wilson, M.P., the Right
Hon. Sir Charles and Lady Mary Wood, Mr. and
Mrs. William Grey, Captain Moody, Hon. Mr. and
Mrs. H. Brand, and. Mr. and Mrs. F. Elliott.
Mr. Adair had an interview on Saturday with Sir
George Grey.
The Duke of Wellington and Sir Fred. Trench
attended the early service yesterday in the Chapel
Royal, St. James's—the Rev. At the daily ‘iervice the Dr. Wesley officiated.
prayers read by Bev. W. Thomas, and the lessonswere by the Rev.the T.
Helmore. The sermon was preached by the Rev. Dr
Wesley. The anthem was " Prepare ye the Way'
'Wise). Sir George Smart presided at the organ.
A 111

pamphlet of a very benevolent character has
recently been penned by a Mr. Henry Nicholls, en-
titled " Proposal for forming an Institution to grant
Annuities and provide Homes for the Working
Classes in Old Age." The first edition has already
received the commendation of some amongst our
weekly contemporaries, and the second edition, which
has just found its way into our hands, demands from
us some brief allusion to its philanthropic intentions.
The writer has herein developed a plan, by the adop-
tion of which the poorer classes would be enabled to
lay by for themselves a provhion for those years when
work is rendered impossible by decrepitude. So much
happiness and so much misery are dependent upon the
adoption or rejection of the scheme, that we earnestly
commend the benevolent proposition of Mr. Nicholls
to the attention of his labouring fellow-countrymen.

,RRATUAI.—In our notice of the performance of the
,essiah, at Exeter Hall, on Friday evening, which ap-
seared in The Sun, of Saturday, the heading of the
article should have been "London Sacred Harmonic
Society."
THE HON. AND REV. BAPTIST W. NOEL.--The
public announcement that Mr. Noel would yesterday
take leave of his congregation caused an enormous crowd
to assemble on the occasion, in and about St. John's
Chapel, Bedford.row ; in fact, in the morning but few
of the seatholders were able at all to make their way
into the chapel, and it was during the early part of the
service a scene of much confusion and excitement, but
in the evening more adequate arrangements for securing
order were ;made. Mr. Noel preached twice—in the
morning from Ephesians iii. 14-19, in the evening from
John xvii. 24, but said that be should not waste the time
of the congregation by any explanation respecting him-
self; that a statement of his views would shortly be pub-
lished, and would sufficiently explain his position. He
announced that his post would, for some time at least,
be occupied by Archdeacon Dealtry, who has recently
come to this country from India; and Mr. Noel added,
—" I know not to whom I shoud more willingly have
transferred the office which I now unworthily fill."
At the close of the evening discourse he urged those who
might differ from the conclusion to which he had come,
and those who should agree in it, to " learn to manifest
to the world how believers in the same Saviour ought to
tolerate one another;" and after enforcing his well-
known views respecting the unity of the Church, he af-
fectionately bade the congregation farewell. There
se ms to be considerable uncertainty with regard to Mr.
Baptist Noel's intentions, it is said that he means to re-
tire into private life " for the present," and that he and
his family will attend divine service at church " for the
present" in the neighbourhood of his residence. There
appears to be no doubt entertained that he will take some
further step after a short time, but it is said that he dots
not as yet see his way clearly to anything further than
relinquishing his office of minister in the Established
Church. This he does on the ground of objection to the
union of the Church with the State; bis volume on that
subject will be published in two or three weeks.
APOTHECARIES' HALL.—The following are the
names of gentlemen who passed their examination in
the science and practice of medicine, and received cer-
tificates to practise, on Thursday, Nov. 30 :—Ed ward
Ilott, Bromley, Kent ; John Edward Elam, Leeds,
Yorkshire.

served as an ensign in Sicily in 1812), has joined the
Sicilian service as a colonel, and Captain Four;Es, of
the Royal Artillery, has joined as a colonel in the
same branch of the Sicilian service, with his son,
who have all three reached Palermo, and entered
upon their duties. Captain MOTT, of the Engineer.,
in the service of the United States of America, has
also joined the Sicilian service at Catania.
The Alba, Flor,nce journal, of the 24th ult., con-
tains the following:—
" We have every reason to believe that the Prince of
Partanea. Neapolitan Ambassador in Tuscany, has to-
day received his passports, and the Minister Lenzoni and
the Ambassador Griffoli have been recalled from Naples.
ft would appear that the Neapolitan Government bad
required the Tuscan Cabinet to retract the declarations
it bad published in the Tuscan Monitor, relative to
Sicily, and complained of the Sicilian Commissary
having been authorised to hoist his flag over his gate.
file Tuscan Government having returned no reply, the
diplomatic relations between the two states have been
interrupted. The Tuscan Government could not in that
circumstance act with more straightforwardness and
firmness. It conformed to the principles inscribed in its
programme, and to the wishes expressed by the Tuscan
Parliament."

The Semaphore (le Marseilles of the 28th ult.
announms that the Neapolitan Government, consider-
ing the suppression at Germ, and Marseilles of all
regular measures with regard to the countries in
which cholera prevailed, had resolved that vessels
comic g from the south of France, Genoa, Leghorn,
and Civita Vecchia, should he furnished with a certi-
ficate from the Neapolitan consular agent, residing in
those harbours, stating that no goods susceptible of
infection, proceeding from countries %here the
epidemic rages, existed on board. As respeeed the
passengers, the same agent was to certify that each of
them had left England or Malta since ten days. In
cap one of those conditions should be omitted in the
certificate, the vessel is not to be admitted to free
pratique, and a special decision shall be adopted in
respect of them. That formality was to be required,
after the 20th ult. from all vessels arriving at Naples.

AMERICA.
BY ELECTRIC TELEGRAPH.
MONAY, 11 A.m.
The America, steamer, from New York has jus
arrived off Liverpool.

BISHOP PHILPOTTS v. THOMAS
LATIMER, LABOURER.
There has been a question of costs left standing over
in this case, which will bring the matter again before
the Courts. Our readers will remember the case. The
defendant, the editor of the Western Times, was indicted
by Bishop Phillpotts for libel. To this indictment he
pleaded a justification under the statute of the 6th and
7th Victoria, chapter 96, commonly known as Lord
Campbell's Act. By this Act a defendant is allowed,
for the first time in the annals of our laws, to plead a
justification to an indictment fur libel, according to the
following section :
" And be it enacted that in the case of any indict-
ment or information by a private prosecutor for the
publication of any defamatory libel, if judgment shall
be given for the defendant, he shall he entitled to re-
cover from the prosecutor the costs sustained by the
said defendant, by reason of such indictment or infor-
mation: —and that upon a special plea of justification
to such indictment or information, if the issue be found
for the prosecutor, he shall be entitled to recover from
the defendant the costs sustained by the prosecutor by
reason of such plea, such costs so to be recovered by the
defendant or prosecutor respectively, to be taxed by the
proper officer of the court, before which the said in-
dictment or information is tried."
By this it will be seen that if a defendant fail to sus-
tain his justification, the prosecutor will receive all the
costs which he has been put to in rebutting the attempt
to justify, and the plea of justification may go in aggra-
vation of the libel ; and be visited with extra punish-
ment. It, on the other hand, the plea of justification be
established by the verdict of the jury, then the prosecutor
is held liable to pay the costs of the defend Lot. Now in
this case, which was tried at the Devon Assizes, in March
last, the jury decided by their verdict that the defen-
dant, Mr. Latimer, had proved his plea of justification
—namely, that the matter of which the Right
Rev. prosecutor complained, was true. The defendant
having the verdict entered in his favour, had, at length,
obtained the ordinary rule for the allowance of his costs.
Upon this, the Right Rev. prosecutor took out a sum-
mons, returnable before Mr. Justice Patteson, to show
cause why the rule so obtained should not be set aside.
The defendant, therefore, appeared through his
Learned Counsel, Mr. Kingdon, before the Learned
Justice Patteson, at the Judges' Chambers, on Wednes-
day last, but
The LEARNED JUDGE said he should forbear to ex-
press an opinion on the application. This being the
first case where a special plea of justification had been
found for a defendant under this Act of Parliament, he
conceived the case to be one of that importance, that it
ought to be dealt with by the full court in term. He,
therefore, referred the right reverend prosecutor to the
Court of Queen's Bench, declining himself to make the
order which the prosecutor asked for.— Western Times.