The Sun.
London, England, 1851-10-02 00:00:00

THE COUNTY COURT JUDGE OF

_
LIVERPOOL. _
LIVERPOOL, WEDNESDAY.—At the meeting of the
borough magistrates yesterday, either seventeen or
eighteen magistrates present, including Mr. Mansfield,
the stipendiary, after considerable conversation, it
was resolved that the Mayor be requested to commu-
nicate officially with the Home Secretary (Sir
George Grey) and the Earl of Carlisle, putting them
in possession of a digest of the recent proceedings,
and asking their counsel in the present painful state
of affairs.

This morning, at the sitting of the County Court,
Mr. John Whitty, son of the editor and proprietor of
the Liverpool Journal, who was on Monday sentenced
to fines amounting to 15/. and fourteen days' impri-
sonment in Lancaster Castle, was summoned for
resisting the officers in the execution of their duty, on
the occasion of the attempted arrest of Mr. Whitty,
sen., on Saturday last.
There were in attendance many of the most influ-
ential inhabitants of Liverpool ; and for some hours
during the proceedings William Brown, Esq., M.P.
for this division of the county, was accommodated
with a seat on the bench, beside the judge. The
interest excited was intense beyond description, from
the knowledge of the fact that the whole of the men in
Mr. Whitty's employment who were present on Sa-
turday when the bailiffs attempted to arrest that gen-
tleman upon Mr. Ramshay's verbal order, and the
four detective policemen sent by the superintendent
to preserve the peace on the occasion, had been
served with summonses, and that the Commissioner
of Police, with Mr. Clough, the superintendent, and
several of the inspectors, were also in attendance.
On the case being called on Mr. Dowling said he
appeared to watch the proceedings, not to defend the
police, in order that if anything wrong had been done
by them the officers might he set right upon any
future occasion.
Sir George Stephen appeared on behalf of the de-
fendant, and submitted that as the summons charged
him with resisting the officers in the execution of
their duty, and as they were asked to show their
authority, neither of them having a warrant or even
a written appointment, no offence had in point of law
been committed.
The Judge decided that the Act gave him the
power to order into custody any one who had insulted
an officer of the court, either in going to, or return-
ing from, that court; and he doubted whether he was
empowered to issue a warrant at all. The Act autho-
rised him to "order" the arrest, but said not one
word about any warrant. The order he had given
was as valid as though written with his own hand,
and sealed with the seal of the court.
The Learned Counsel contended to the contrary,
and maintained that even the judges of the superior
courts were not armed with such unconstitutional
powers as those claimed by his Honour. As, how-
ever, his honour ruled otherwise, he must request that
a note of his objection should be taken for ulterior
proceedings.
The Judge--I will take a note of it, Sir George ;
I always take a note of everything.
His Honour then ordered Roger Charnley, one of
the bailiffs concerned in the attempted arrest of Mr.
Whitty, to be sworn. His evidence was essentially
the same in substance as that given on Monday,
with this more explicit statement of the answer re-
turned by Mr. Whitty, sen., on the officers telling
him they were ordered to bring him before the judge
of the County Court :—" When we found Mr. Whitty
be refused to go, but said that if we produced a sum-
mons or a warrant he would attend immediately, and
would wait an hour while he went back to the court
and told the judge so. We returned, and reported
this answer, when the judge said, " Go and bring
him here, you have my authority, and that
is your warrant." Then followed the resist-
ance which has already been described in
the former evidence ; the bailiffs were given in
charge, taken to the station-house, and when the su-
perintendent esker' them for their warrant, they re-
plied they had neither summons nor warrant, and the
superintendent thereupon told them they could not
be assisted in taking Mr. Whitty without a warrant.
The superintendent asked the bailiffs, after they were
discharged, if they, in turn, had any charge to make
against the defendant ; •to which both of them replied
" No," adding that no blow had been struck on either
side, and that, with the exception of young Mr.
Whitty giving them into custody, and endeavouring
to get them out of the premises, there was no assault
committed.
In cross-examination by Sir George Stephen, the
witness said he was a bailiff, but he had not his ap-
pointment in his own custody; he believed Mr. Stone,
the high bailiff, had. Witness did not tell Mr. Whitts, he was a bailiff, as he knew him to be an officer of
that court. He did not know what he was to arrest
Mr. Whitty for, nor did that gentleman inquire.
There was no blow struck, nor did the defendant at-
tempt to strike any one. Had been a police-officer
before he was a bailiff, but had never been to a private
house to arrest a man who was the owner of the house
without a magistrate's warrant.
By the Judge—Not in a case of suspicion of fe-
lony or any disorderly person, did you never arrest
any one under such circumstances without a war-
rant ?—The witness replied that he had never had
occasion to follow a disorderly person into a house.
He got their names and addresses, and summoned
them before a magistrate. In a case of felony an
officer might enter a house ; but witness always con-
sidered it was done at his own risk if the party should
turn out to be innocent, and the grounds of suspicion
were not very strong.
By Sir George Stepinta--Were there any grounds
to suspect Mr. Whitty or his son had been guilty of
felony or disorderly ei,nduct?
The Judge here interposed, and said that was irre•
levant. The witness was not to ba asked about what
was a point of law, but a matter of practice, and the
question he had put to him was with a view to show
that the judge of the County Court had done no more
than the commonest policeman had done, in arresting
people without a warrant.
The next witness called was William Hartley, the
other bailiff, whose evidence was mainly corroborative
of that given by his companion. In reply to a ques-
tion from Sir G. Stephen, he said the defendant struck
no blow, nor was witness pulled by him ; ha inter-
posid no difficulty.
Sir George Stephen hoped his:Honour would take
a note of that answer.

The Judge again replied that he always took a note
of everything.

Judie (to the witness)—Were you not assaulted
with a knife ? Witness—The knife was held up in
a threatening manner by Mr. Whitty himself; but his
son had nothing to do with it.
Judge—Was the son present ? Witness—Yes, your
Honour.

By Sir George Stephen—l have no appointment in
writing, nor ever had. I believe Mr. Stone has. I
have a paper, which I generally carry with me. [This
was produced, when it turned out to be unsigned, un-
sealed, and undated.) Mr. Whitty, jun., had no
knowledge of me as a bailiff.
A person named Joyce, who described himself as
a collector of accounts, and who accompanied the
officers on the occasion of the attempted arrest of Mr.
Whitty, was here put in the box, and, before giving
his evidence, requested permission, " as a public cha-
racter, to correct some statements which
he said had
gone the round of the newspapers in reference to his
former evidence.
Sir George Stephen said the witness was on his
oath on the former occasion, and he objected to his
now being permitted to come in two days afterwards,
and make any statement upon a case which was al-
ready decided.
The Judge held that the better coursa for the
witness would be to proceed against those persons
who had libelled him.
The evidence of this witness was in the main im-
material. He accompanied the officers to see that
they discharged their duty, but not at the request of

the ju.lge. He had been an egent of the Court of
Requests in Beistol, and had latterly been occupied in
getting in debts fur persons in Liverpool and Birken-
head. He had had a card printed, " Agent to the
County Courts of Liverpool and Birkenhead," but
that was a mistake of the printer's in putting " agent
to," inetPaa of " agent it:,' &e. Did not know what
was vo!untary evidence. He saw Hartley sign the
book at the station.—[This was afterwards contra-
dicted by the superintendent, who produced the book.]
The former judge of this court had, he believed, or-
dered the card he referred to to be impounded, and
might have said witness must be looked well after.
The superintendent of police, Mr. Cloucb, deposed
to the nature of the charge at the station.
The examiner of the court proved the orders of the
judge to arrest Mr. Whitty, when
Sir George Stephen, in a powerful speech, ad-
dressed the court for the defendant, contending that
there had been no offence, and that his honour had
completely mistaken his powers, and exceeded his juris-
diction. lie should regret uttering any sentiment
derogatory to the character of the profession, but he
maintained the right of the defendant's father to com-
ment fairly on the proceedings of that court. The
defendant had not even been proved to have resisted
the officers in what he (the Learned Counsel) would I
designate an illegal and unconstitutional attack upon
Mr. Whitty in his own house.
The Judge, in a speech of two hours' duration, re-
ferred to all manner of subjects, into which it would
be utterly impossible in our limits for us to enter.
He was twice affected even to tears, and the effect on
the audience was of the most painful description.
Up to the periud of this report being dispatched no
decision had been come to in the case.

(BY ELECTRIC TELEGRAPH.)
In concluding John Whitty, jun.'s, case, his
Honour (Mr..liamshay) said be should impose a
fine of 21. for insulting Hartley, and 21. for the same
offence against Charnley, or be imprisoned seven
days in Lancaster Castle. He was also sentenced to
pay 21. each to the same men for obstructing them in
the execution of their duty. There was no imprison-
ment added to the latter penalty, because be looked
upon it as a debt recoverable by action, and if not then
paid, the defendant would be liable to 80 days' impri-
sonment. If an action were brought, the damages
might, or might not, be laid at 501., and he did not
know that he should, if he tried the cause, be justi-
fied in cutting the damages down.
The charge against the p&ice officers wa3 with-
drawn.

- •
jarnmjaoz.i.ili,Safitio'r-sSaftßei!Er
in the
POLICE ENTELLIGENCE.
employment.
Charles
sladmr.e6.:n:prgloayPage' a cab proprietor in James-street,
serice of
Mile•end Old-town, was charged with the wilful
murder of a man named Plimpton, a stableman in the
John Marshall said, I am also in the service of Mr.
Page as a labourer, and knew the deceased, who was
engagd in the stables. About one o'clock this after-
noon T was busy in one of the lofts, when I heard the
prisoner and the deceased quarrelling at a stable door
on the opposite side. The deceased had a mop in his
hand, and the prisoner had the stable-fork produced
in his. Some more words ensued between them, and
I then saw the deceased strike the prisoner with the
mop acros his shoulder; they were facing each other,
and he struck him apparently as hard as he could.
The prisoner upon that exclaimed, " I will stake the
-- with this fork," but did not strike the deceased,
and I went back into the loft, and did not see what
afterwards took place. About a quarter of an hour af-
terwards, however, I had ocoasion to go down into the
stable, and then saw the deceased lying upon the
ground fsintiog and speechless. I lifted him up, but
he could not utter a word, and I then saw that he
was bleeding, but not profusely, from a wound in the
breast, just beneath the nipple. The deceased had
only his shirt on, and the prisoner, who was standing
by his side assisting him, ran off for a small quantity
of brandy, which ha poured down the deceased's
throat, but I still did not hear him utter a word. The
prisoner, I, and another man then carried the de-
ceased to some clean straw, upon which we laid him,
and I went to get my dinner, leaving the prisoner and
another man with him. On my return I still found
the deceased lying on the straw, whether alive or
dead then I do not know, but he was perfectly still.
The other man was at that time looking to the
deceased, while the prisoner was getting his horses
ready in the same stable, and he remained there for
a whole quarter of an hour. A cabman and another
horsekeeper then came in, when by their advice we
took the deceased to the London Hospital, and upon
searching about I found the fork the prisoner had
had in an adjoining stable.
The prisoner here incautiously asked the witness—
Did you see what the deceased had done to me before
I struck him with the fork ?

The witness replied in the negative, and the magis-
trate directed the question and answer to be at once
taken down by Mr. Vine, the chief clerk.
Henry Taylor, a constable of the K division,
stated—About half-past two this afternoon I re-
ceived information of the deceased having been killed
by the prisoner, and therefore lay in wait at the and
of the Bethnal-green-road to effect his apprehension.
A short time after the prisoner came down the road
with a pair of horses, and I immediately stopped him
and told him he must go to the station-house with
me. I was about to tell him what I wanted him
for, but before I could do so he said, " I know what
you want me for ; is he dead et" I said I believed he
was, from the inforinntionl had had ; and he replied,
" He threw me down behind a kicking horse, and I
therefore struck him with the fork, and it went into
his breast." He then said, "Take me straight to the
the station as soon as you can, but don't take me into
the yard again." I was, however, obliged to take him
to the yard, and then transferred him to the station.
Sergeant. Curtis, 13 K, said—l went to Mr. Page's
yard at two o'clock to capture the prisoner, but did
not find him there, though he was afterwards brought
in by the last witness, and I overheard him repeat
the observation as to the deceased having thrown him
down behind a kicking horse, and his dealing him a
thrust in return with the fork. The prisoner then
added, " After I had struck him with the fork he ran
me half-way round tho yard, so that I did not think
there was much the matter with him." When the
prisoner first began to masakied,thiassstitatevvm,oeunital tboelduhsien
to be di
againscteluiitmiG,l;3 w
and criedhe very much and seemed very
sorry. The witness produced the instrument with
which
the stab had been inflicted, an ordinary t we-
pronged stable fork, the tines of which exhibited no
stains of blood, as it had evidently been since used ;
'out the witness Marshall positively identified it as the
one he had seen in the possession of the prisoner at
the time of his quarrel with the deceased, and the
former did not deny it. The first witness also added,
ia answer to a question, that though the deceased, on
his way to the hospital, was perfectly speechless and
rapidly sinking, he did not appear to be dead, but
that directly after he reached that institution it was
pronounced by the surgeon who examined him that
life was extinct.

The prisoner, who whila at the bar seemed to be
perfectly careless as to the evidence detailed against
him, and afterwards went soundly to sleep on being
locked up in the cell, offered no observations in reply
to the charge, and, the witnesses having signed their
depositions, he was remanded until that day week for
the a►tendance of the surgeon to depose to the appear-
ances upon the post mortent examination.

THE REGISTRATIONS.
FINSBURY.
TUE BRETHREN OF THE CHARTER-HOUSE.

n
e the lists of voters for
the barrister appointed to revi
s
t in the Vice-Chan-
the borough of Finsbury, again
cellor of
England's 's Inn, for the pur-
pose of giving judgment on a subject that has created
considerable interest, and which, as
had taken time to consider.
Mr. Leyton
-: for the claimant, and Mr. Hine, for the
Sepulchre, were again in attendance.
On taking his seat the REVISING BARRISTER parish of St. k
de-
livered the following judgment :—By the 27th section
of the Act passed to amend the representation of the
people, the right of voting
for city and borough
Members is defined. The section enacts that every
male person, of full age and capacity, occupying as
owner or tenant any house, warehouse, counting-
house, Shop, or other building, of the clear annual
value of ioi., within the limits of any Par-
liamentary City or borough, shall, if duly re-
that no such
gistered, enjoy the elective franchise. But
this enactment is accompaaied by a proviso
person shall be registered unless he have
occupied such premises for twelve calendar months
next previous to the last day of July; nor unless
where the premises are situated in a parish or town-
ship, rated for the relief of the poor, such person shall
have been so rated in respect of such premises during
such twelve calendar months, nor unless he shall have
paid on or-before the 20th of July all poor-rates and
assessed taxes which shall have become payable from
him in respect of such premises previous to the Gth
day of April then next preceding ; nor finally, unless
he shall have resided for six calendar months previOus
of July within such city or borough,
otor within
itlittsdY
seven statute miles thereof. I suppose it
assumed that Mr. Banister is a
mmaayle be
eerson judicially
person, and he is of full age and competent
capacity. It is admitted that he occupies a house or
other building of more than the requisite annual
value within the Lorough of Finsbury. And it is
clear that he does not occupy it as servant or bailiff
to any one, but as " owner or tenant" of the premises,
that is to say, in the character prescribed by the
statute. It will follow, then, that if I now put Mr.
Banister's name on the register he will become enti-
tled to vote for the election of a Member. But I am in-
terdicted fromdoing so, unless I find that the requisites

EVENING, OCTOBER 2, 1851.

prescribed by the pnoviso of the 27th section are satis-
fied. Now, it appears in the first place that he has
occupied the premises for twelve calendar months pre-
vious to the last day of July, as required by that pro-
viso. It. appears, in the second place, that the premises
in respect of which he claims registration are not
"situate in any parish or township rated for the relief
of the poor." And consequently he neither has been,
nor could have been, so rated in respect of such pre-
mises ; he is therefore within the exception of the
proviso. It appears, in the third place, that no poor-
rates or assessed taxes had become payable from him
in respect of such premises, the fact being, as I un-
derstand it, that this gentleman's chambers in the
Charter-house are exempt from poor-rates, because
they are extra-parochial; and from assessed taxes be-
cause they are either below the standard of taxation,
or are saved from taxation, as " being provided for the
reception and relief of poor persons ; ' so that in this
respect no default is imputable to the claimant. In
the fourth and last place, the statutory obligation
of residence has been satisfied, Mr. Banister having
for years had no other home but the premises in
question. All the requirements therefore of the 27th
section, both in the enacting part and in the proviso,
seemed to be fully met and answered by the case of
the claimant, unless there be something in his status
as one of the brothers of the Cearter-house that must
exclude him from the franchise. It is said he lives on
charity ; so likewise do the fellows of a college. They
live on charity, if by charity is meant the bounty of
their founders; but they are not on that account ex-
cluded from civil rights, or deemed incapable of exer-
cising the privileges of citizens. By the deed of foun-
dation, the eighty brothers of the Charter-house are to
be gentlemen by descent, merchants ruined by the dis-
asters of commerce, or soldiers mutilated in the service
of their country. From the moment of their appoint-
ment they are independent. They cannot be displaced
or disturbed at the caprice of a governor. They seem
to me to have a higher estate than is required for the
purposes of this legislation. lam therefore of opinion
that Mr. Banister's claim is well founded ; and I com-
ply with it accordingly.
The name ofJobn George Fraine Banister was then
inserted, and the Revising Barrister having signed the
lists, the business of the Finsbury registration was
brought to a close.

The result of this judgment will be to admit to the
franchise eighty " poor brethren" of this establish-
ment.

THE LIBERATION OF KOSSUTH.

(From the Times.)
SOUTHAMPTON, WEDNESDAY, OCT. 1.-Louis
Kossuth, the ex-leader of the Hungarian insurrection,
is daily expected to arrive at Southampton. He will
he accompanied by several military and civil officers
connected with the Hungarian revolution during the
epoch of 1849, and who have shared his detention at
Kutahis, in Turkey.
From the conflicting accounts which have been re-
ceived relative to the movements of Kossuth, it is
doubtful whether he will land at this port from the
American steam-frigate Mississippi (now on her way
from the Mediterranean to Southampton), or whether
he will come via Paris and Havre. It is most gene-
rally thought that the former route will be adopted,
as, the Mississippi having been specially placed at the
disposal of Kossuth by the American Government,
and there might be some objection to his passage
through the French territory, there is reason to be-
lieve that Kossuth will reach Southampton about
Monday or Tuesday next from Marseilles via Gibral-
tar, although his positive departure from Marseilles
has not yet been announced.
The following is the copy of a letter addressed to
the Mayor of Southampton by Lieutenant-Colonel
Jhaski, the private secretary of Kossuth. It was re-
ceived last night :

" Marseilles, Sept. 27.
"Sir,—His Excellency Governor Kossuth (my chief),
with thankful sentiments acknowledging the lively inte-
rest and the high-minded sympathy which the generous
city of Southampton, and you, Sir, particularly, were on
so many occasions honouring, with the Hungarian cause,
the fate .of its exiled leader, end of all Hungarian exiles
who chanced to land on your hospitable shore., intrusted
me with the agreeable duty to present to you, Sir, his
hearty compliments, and respectfully to inform you that,
embarked with the generous consent of his Majesty the
Sultan, without any previous condition whatever, but
rather with illimited liberty, on board the United States
steam-frigate Mississippi, sent over by the Congress and
Government of the United States precisely for his and
associates' liberation from Kutahia, stopped at Mar-
seilles with the purpose to pass through France directly
to England, and to land from Havre at Southampton,
having the warm desire to thank personally for the pro
tection which the public opinion of the high-minded
people of England pleased to throw in the balance of his
destiny.

" Arrived here yesterday, his Excellency immediately
applied to M, le Prefet of this department to grant him
and family free passage through France. M. le Prefet
judged it convenient to report to Paris by telegraph to
the Ministry, but the action of the telegraph being hin•
dered by the misty weather, answer has not yet arrived.
" So, not being able to give you exact information
about the issue, or in case of granted passage about the
time of his Excellency's arrival at Southampton, still I
feel gratified to be the organ of communication of his
said design, and of his firm intention to go, in every
case, for some few days to England; which should he be
not permitted to execute directly from Marseilles, he has
decided to proceed immediately to Gibraltar, and hence
to visit England and ask for an asylum to his children
there, while he proceeds to the United States, to thank
personally for the most generous aid and assistance
which the people, Congress, and Government of the
United States honoured him with.

" His Excellency left Kutahia with the confident hope
that the sacred cause which it is his glory to represent
cannot fail to have a future yet, being honoured as it is
by the powerful sympathy of the English race—:hat
mighty, great, and glorious guardian of justice, right,
and freedom in both hemispheres.
" I have the honour to sign myself to be, with the
most distinguished consideration, Sir, your humble and
obsequious servant,

" JHASKI, Lieutenant-Colonel.
" To Mr. Andrews, Esquire, Mayor to the
City of Southampton."
The statements made in the above relative to the
route of Kossuth do not accord with the intelligence
which appears in the London papers this morning, to
the effect that the Mississippi had touched at Mar-
seilles on the 26th ult. merely for coals and provisions,
and that she left the same day, none of the refugees
having landed.
It is anticipated that, supposing Kossuth to be
waiting at Marseilles for the reply of the French
Government to his request for a free transit through
France, his disembarcation was effected privately,
and fur political reasons. It may also be expected
that the desired facilities will be courteously refused
by the French Cabinet, as the arrival of Kossuth in
Paris would perhaps be seized upon by the Liberal
and Democratic party as a pretext for getting up a
demonstration. _ _ _

Up to the present time Mr. J. H. Croskhy, the
United Stated Consul at this port, has not received
any official intelligence leading him to look for the
arrival of the Mississippi, but it is understood that
Kossuth is desirous of visiting England for a few days
previous to proceeding to America.
The people of Southampton intend to give the ex-
Governor of Hungary and his co-sufferera in the
Magyar cause a warm and hearty reception. The
Mayor (Mr. Andrews) is exerting himself to get up
a demonstration to greet Kossuth on his arrival in a
most enthusiastic manner. The people seem disposed
to second the efforts of the Mayor, but, as public
banquets and receptions on anything like a grand
scale are very expensive, we are not aware who will
provide the means ; and it is hinted to us that a great
indisposition at present exists among the inhabitants
to subscribe for such a purpose. The liberality of
the Mayor is, however, almost unbounded, and it is
very likely that Kossuth will be the guest of his
worship for a few days, and will be entertained with
princely hospitality. The subjoined address to Kossuth
is being extensively signed throughout the town, end
will be presented to him on his arrival. The Hun-
garian Committee in London is also deputed to visit
Southampton to welcome the Hungarian leader ; and
no doubt his landing on the shores of this country will
be attended with considerable éclat. It is understood
that Count Batthyauy does not accompany Kossuth,
but has proceeded to Paris to take up his residence
there.
" ADDRESS TO LOUIS KOSSUTII, LATE GOVERNOR OF

nobleness of your own soul, the most earnest and cor-
dial wishes of all the friends of freedom may be realized
by the extemied prolongation of your life among them,
in the full enjoyment of health, peace, and every other
source of human Inippiness."

The following is.the text of the diplomatic corre-
sprmdenc between the Austrian Internuncio at Con-
stantinople and the Turkish Ministry on the subject
of Kos3uth's liberation :

" The undersigned representetive of the Emperor of
Austria at the Porte has already coromunicaied to you
the commissions transmitted through him from the Im-
perial Cabinet to the Grand Vizier and Minister of Fo-
reign Affairs, relative to the continuation of the deten-
tion of Kossuth and his most dangerous companions in
Kutahia. The Minister may have seen from the contents
of the communications exchanged on this subject what
great importance the Imperial Court attaches to this
matter, and that the Imperial Cabinet considers itself en-
titled to suppose that the detention can only cease after
the joint concurrence of both Powers shall have been ob-
tained. Both his Excellency Redschid Pasha and his Ex-
cellency Ali Pasha have assured the undersigned that the
contents of his communication would meet with due at-
tention from the Ministerial Council, and that the result
would be made known to him as soon as it had received the
sanction of the Sultan. How great, therefore, must have
been his surprise when he learnt from certain sources
that the Minister had given the chief of a certain ens-
bassy the assurance that Kossuth and his dangerous
companions would be set free in the middle of Sep-
tember, and that, in consequence of this assurance, the
abovementioned diplomatists had made certain arrange-
ments in view of the journey the Hungarian prisoners
were to make. These details have not been denied by
his Excellency Ali Pasha, and the undersigned finds
himself under the necessity of renewing more vigorously
his exertions in order to turn the Porte from a deter-
mination, which it has doubtless taken without mature
deliberation, and which it will, the undersigned hopes,
abandon when it considers al the consequences that may
ensue from the liberation contemplated. Before pro-
ceeding further, ho Never, it will be necessary to call the
attention of the Turkish Ministers to certain facts
which should be noticed in order to a clear view of the
matter in hand. The undersigned does not intend to
detail the circumstances which led and caused the flight
of the chief of the Hungarian rebellion, although such
details would give him an opportunity of offering nume-
rous points in reference to the demands of the Austrian
Government, which the Porte ought instantly to
grant. At the same time, he considers it superfluous to
refer to the meaning and words of the treaties i❑ force
between the two powers, in virtue of which rebels and
criminals who aro Austrian subjects, and fly to Turkey,
should not be harboured. In accordance with the spe-
cial wish of the Sultan, the Imperial Court abandoned its
right to demand the extradition of the fugitives,
although the meaning of treaties clearly gave him the
necessary power in the case. But it is for this that the
Austrian Cabinet must, with so much the more instance,
dwell on the following clauses of the treaty of Belgrade,
which (clause 18) says 2-4 When such rebels fly into the
Turkish States with the intention 0t concealing them-
selves there, the Porte is to seek them out and cause
them to be punished; and also whe❑ the said rebels and
criminals shall show themselves repentant, and promise
better behaviour, the Porte is not to believe them, but to
detain them and confine them in a place distant from the
frontier.'

" Nothing can be clearer or more distinct than this
clause. Yet not only did the Imperial Court abandon
its rights, confirmed in these declarations of the treaty,
but showed itself inclined to come to an arrangement
with the i)ivan relative to the confinement (internirung)
of the fugitives. What did the Porte to further so
friendly a disposition? She pertinaciously fixed a limit
of a twelvemonth, and forced the Imperial Court to con-
sider as of non-effect the negotiations relative to a
timitaqon of the period of inspriionnicrit, and to take its
stand upon the terms of existing treaties, namely, those
which had previously been concluded by the two States
under the hand of his Majesty the Sultan and his Ma-
jesty the Emperor, on the 26th Schewal, 1265 (Sept. 17,
1849), and those which were made between the i'vlinisti r
of Foreign Affairs and the Turkish Envoys accredited
for that putpoLe in Vienna, with the proviso, that in
case of need the elsuses of these treaties would be en-
forced in all rigour.

This 'flit proviso is made known more especially in
a di,patch of Prince Schwarzsnburg, dated (larch 19.
1850, which Count Stormer, then Internoneio, commu-
nicated to his Excellency Ali Pasha. What, indeed,
does the note of the Porte itsel% dated the 23d of
Gc-masil Evvel (the 6th of April, 185 f), say, which
serves as appendix to the above im,ntioned Acts? Why,
that the Porte, in order to strengthen the cause of order
in Hungary, expresses its readiness to come to a friendly
understanding with the Imperial Court before it sets the
captives in question free, and that the Imperial Govern-
ment should therefore express its views in the matter,
and communicate its determination.

imperial ..
Barleymeal, per ditto
Peasemeal

Flour

Vot barley

" It is clear, then, that according to the declarations
of the Sultan and of his Ministers, the meaning of these
words cannot be understood by the Imperial Cabinet, or
any impartial parties, in any other way than that the
confinement (internirung) should cease only on the joint
determination of the two Powers. The undersigned has
on several occasions had the honour to hear the Turkish
Ministers on this subject declare that in their soul they
had not doubts on this point; and his Highness Redachid
Pacha assured him at the commencement of last summer
that the Porte did not intend to set the prisoners of Ku-
tahia free without the consent of the Imperial Cabinet.
" And now what happens? The Austrian Cabinet de-
clares that order in Hungary has not yet reached that
state when it becomes possible to let Kossuth loose with-
out danger to the peace of the kingdom. The Imperial
Court considers itself alone competent to judge of the
internal state of its provinces; but it assures that, as soon
as the moment arriveseit will hasten to inform the Porte,
and it will then make no opposition to the cessation of
the imprisonment of the Hungarians.
"In the meantime the Sublime Porte, under all man-
ner of pretexts, and taking up its position on an inter-
pretation of the agreement which has not been assented
to by the Imperial Cabinet, resolves no longer to take
account of engagements which it entered into in the
most solemn manner, nor held the righteous and well-
grounded objections made to its proposed course. It
persists in its intention to set at liberty Kossuth and his
dangerous companions at the very moment when his
Imperial Majesty has sought to give to his sovereign
neighbour new proofs of his wish to maintain a good
understanding with him, in the nomination of Count
Rechberg to the post of Chargé d'Affaires in Constan-
tinople.
Oa all these grounds, and in consideration that the
Sublime Porte has proceeded so far as to commence the
execution of its design of liberating Kossuth and his
companions at Kutahia, the undersigned feels compelled
to protest against the liberation of Kossuth and the
other Menus of the afore-mentioned city. The under-
signed repeats his declaration which he took occasion to
make on the 17th of February of this year, namely, that
the departure of any of the detained persons from Ku-
tahia without the previously obtained acquiescence of the
Imperial Austrian Government will be regarded as a
breach of the agreement concluded between Austria and
Turkey upon the subject of their detention, and as an
event which trint, draw after it the destruction of that
good understanding which has hitherto existed Leta een
the two Governments.

" It is impossible that the Sublime Porte can shut its
eyes to the fact that by such a misapprehension of its
duties (as well as of the dictates of a wise pokey), such
fligrant repudiation of its own assurances, such com-
plete obliviousness of all the proofs of real friendship
evinced by the Imperial Government, which fill the
annals of its history, the most painful necessities will he
imposed upon this Court, arising out of its doubts of the
sincerity of the intentions of the Sublime Porte, while
finally ranch a proceeding as that now complained of will
completely justify Austria, in presence of impending
questions, to consider nothing but her own interest in
her relations with the Turkish empire.
" The undersigned has the honour, &c.,
" EDWARD KLEZL,

Bujukdere, July 29, 1851,"
The following is the reply of the Turkish Minister
for Foreign Affairs :

" His Majesty the Sultan has taken cognizance of th©
varioue verbal communications, and of the official note
of Joy 2l of the
present year, in which your Excel-
lency the Charts d'Affaires has notified to me that the
resolve of the Sublime Porte to set at liberty the Magyar
fugitives now at Kutahia at the beginning of September
has not the acquiescence of his Imperial Majesty. The
friendship which bee existed for centuries between the
Sablime Porte and the Austrian Court, to maintain and
confirm which is, even upon tho ground of territorial
proximity, so much the interest of both States—this
friendship, upon which the Sublime Porte has always
set the highest value, it has always sought to preserve
by averting every
occurrence that could cause its inter-
ruption. I era not able to express with sufficient force
how greatly the Government of the Suban regrets the
difference of opinion which has lately divided the two
Cabinets on the s-abjeet discussed in your last note.
The Sublime Porte gladly entertains the hope
that the Cabinet of Vienna will finally acknow-
ledge the frankness and honesty which have uni-
formly characterised its proceedings in this matter,
and will put away all those prejudicial suspicions which,
from the terms of the communication of July 29, it would
seem the Imperial
.Cabinet was then inclined to enter-
tain. For, in fact, it is not until all engagements taken
by the Sultan's Cabinet have been punctually fulfilled,
and after taking roost anxious measures for carrying out
the safe guardianship of the fugitives, that the Sublime
Porto has determined to remove them from its terri-
tories, considering their detention no longer necessary.
We find it hard to believe that any one can with fairness
characterise this resolution as a breach of the engagJ -
merits entered into with respect to the refugees. Your
Excviieney has taken occasion, in the note of July the
29th, to allude to ancient treaties, and also to the written
assurance given by the Sultan to hie Majesty the Em
peror on this subject. But it is superfluous at this time
of day to refer back to those old treaties, since the most
explicit declarations have been long ego made to the
Imperial Court as to the limits within which
those engagements were and were not to find their
application. As to the letter of the Sultan to the
Emperor, it contains no more than tho assurance that
the refugees whoa; go so guarded that itshould not be in
their power to disturb the tranquillity of his Majesty's
dominions. The note addressed by the Tnrkieh Cabinet
to the Austrian luternuncio, April 6, 1850, to which
your Exuelle''''Y finally appeals, rind which contains in
the most explicit terms the promises of the Sublime
Porte, sqtr,:s 'bat, 'after the reetoraion of order. in
Hungary, the Porte, before setting the Magyar refugees
at liberty, will iefoern the Auetrian Government of its
'nrJ endeavour to procure its sanction for tile
net.' Now, trarq,inlayhai long been re-established in
Hungary; arid, it there are some few still occupied with
projects of disorder,yet ars they nut, by the express ad-
mission of the Internuncio, in a situation to excite en
insurrection. Besides one might wait in vain for the
time when no persons in Hungary could `reasonably be 0

COAL MARK E'
Bate's West Hartley 14s fid
Chester Main lss Od
Eiasting's Hartley 15s Od
El o 15s 6d
Hartlepool W. Hartley 14s 6c
North Percy Hartley.. 14s €d
New Tanfield
Itavensworth'sW. Hart I4s 9d
'antield Moor
Tanfield Moor Butes l3s 6d
Townley
West Hartley
Wylam

liVall's End, &c. - --
Acorn Close
Cosfortli .....
Marton
Hebburn .
Northumberland
Riddell
Walker
Gibson
Peareth Gas .. ......
Edon Main ....• l6s 3d
Belmont l6s 3d
Ships at market,

Lambton ....

108. Sold, 99.

suspected of evil projects, since in all time and countries
there exist such. But, although the Sublime Porte has
for a km.; time thought that it might liberate the refu-
gees without injury to any, yet it has not refused, upon
representations mode to it, to pretract some% hat the
period of their detention, a proof of the neighbourly
feeling it ch.?rished tocvsrds Austria. This alone
did the Sublime Porto unlertake in its engage-
ments with Austria—to watch over the refugees in its
own states, so long es any rekindling of insurrection
WAS to he feared from them. But if, on the one hand, a
friendly feeling lc d it to undertake and fulfil that onerous
task, the Sublime Pnrie experes, on the other hand,
that, in consideration of such self-abnegation, the Aus-
trian Government will not claim indefinitely to prolong
an unpleasant state (it' things, from which nothing but
embarrassments and misunderstandings are to be appre-
hended. It thus, at length, the Sublime Porte has felt
itself compelled to liberate the &Venus at the beginning
of Sq.iternber, this has not been without the complete
conviction that, looking at the subjected state of Hun-
gary, no necessity for their further detention exists, and
that the Porte has fulfilled irs utmost duty, of which
conviction the Imperial Court was informed without de•
lay, and its acquiescence in the same solicited. Con-
scious, therefore, that in no particular has it been wanting
in its engagements, the Government of his Majesty the
Sultan does not surrender the hope that after a candid
reconsideration of tha facts, and a just appreciation of
what must obviously be the desire of the Sublime Porte,
to put an end to a situation fraught with difficulties and
dangers, the Imperial Cabinet will attain to the convic-
tion that the Sultan cannot depart from the resolution
he has taken.

" I have the honour, &e.,
" ALI PASHA.
" Coneantinople, Aug. 16."
To this note the Austrian Internuncio forwarded
the following reply :
With the deepest regret has the undersigned, Chargé
d'Affaires ot his Majesty the Emperor of Austria at the
High Ottoman Porte, learned by the note of his Majesty
the Sultan's Minister of Foreign Affairs, that the Go-
vernment of the Porte persists in its resolution to set at
liberty, on the Ist of St,ptember, Kossuth and the other
refugees at Kutahia, without considering the validity of
the weighty reasons urged by the Government ot 13!3
Imperial Majesty in favour of a prolongation of their
confinement. The undersigned must repeat the pretee
tations contained in his note of the 29th of July, ad-
dressed to Ali Pasha, and at the same time hold the
Sublime Porte answerable to the Austrian Government
for all the consequences of the liberation of the said re
fugees without the concurrence of the Imperial Court.
"I have the honour, &c.,
"Bujukdere, August is."

"EDWARD KLEZL.

THE COUNTRY MARKETS.
LEEDS, SEPT. 30.—There has been a fair arrival of
vessels from the coast into Goole, and the show of wheat
this morning was consequently gcod. There was more
desire to purchase, and generally more tone in the trade,
and Friday's prices were readily obtained. Barley fully
as dear. Oats and beans without alteration in value.
Other articles as before.
NEWCASTLE CORN MARKET, SEPT. 30.—We have 00
change to report in our market to-day, and prices re.
mained the same as on Saturday, with it anything rather
more inquiry for old wheat. Grinding barley the turn
cheaper. Flour slow of sale. Oats and other article•
the same as before.
NEWCASTLE CATTLE MARKET, SEPT. 30.—The supPli
of beasts large, there being 200 head more than 1.6 f
market day, most of which were of inferior qualit9'
trade dull at drooping rates, with an exceedingly hetiq
finish. The number of sheep and lambs 100 less thei/
last week. Mutton trade firm, and nearly all sold
Lambs in Rood r, (pest at firmer prices, and alt cleared
of,'. Arri, als-13,-asts, 823 ; sheep and lambs, 6,100,
Beef, 43 Od to fis 63 per stone; mutton, 4d to 54ci;
41d to si-1 per lb.
EDINBURGH MEAL MARKET, SEPT. 30.—There were is
the meal market to-day 9 sacks oatmeal, each weighing 28011*
imperial, which sold thus :-3 at 11 103 (Id, and 6at 1.1 ,
average price of the whole 1/ Os 43 0-12ths. 1 sack floe'
which sold at 275. 5 sacks pot-barley, whereof 4 sold thus :""
1 at 265, 1 at 25s 03, and 2 at 225.
EDINBURGH HAY AND STRAW MARKET, SEPT.. 30'1
Oat straw, from is Od to 9s Od per kemple of 16 stones tr°,l‘,
wheat ditto, is Cd to 8s Od ; barley ditto, Os ()d to 71
Hay, from Bel to 10d per stone.
DA LKEITH MEAL MARKET, SEPT. 29.—There oeries
55 bags of oatmeal, 3of barleymeal, and of pot-barley at wa
day's market ; sales rea y. Oatmeal up on the top and sec°P.
qualities 6d per bag ; barleymeal Is per bag down on the toil,
pot-barley the same as last week.
Oatmeal, per sack, of 280 lbs.

First Second
29s 6d 283 3d
193 Od —s Od
—s 0 —s Od
—s Od —s Od
22s Od —s Od

:T.—YESTZRDAY.
Braddyll
etton

Pensher
Russell's Hatton ,
Stewart's
Whitwell

fieepier -----
Cassop
Hartlepool
Heugh Hall
.........

Third.
27s od
_s od
_s od
—'
pd
—0 u.

~ 165 .61
166
• 165 Ad—
,. 16s
165 v ,va
1659 i a
15 9lse „1
'. 163 434,1
169
16s 3di,
od
~ •
165 6j
. 155 aj
149 7,4
15 g
▪ 1565 6,1 -r
150
▪ 159 9j
160 604
• 195 j
149 664
195

South Hartlepool
South Erelloe
West Kelloe ......
Whitworth

lAdelaide Tees
Richardson's Tees
Seymour Tees
South Durham
!Teat

Birchg. Graigola
Bartley
Llangenniech

RAILWAY SHARE MARKETS.
BRISTOL, oc,r. 1.
STOCK EXCHANGE.—The share market has been firm to'
day, and business brisk. The transactions reported were:
Great Western (Original Stock), 83—Great Northern, 167`'
LIVERPOOL, Ocr. 1. •et;
STOCK EXCHANGE.—The share market continues Viso
very little business has been done to• day, and price°
rather lower. The transactions were as follow 0,
shire and Yorkshire, ,R London and North-Wester a
New Quarters, 2% Midland, 47—South-Eastern an
Dover, 19%—York and North Midland, 1914.
MANCHESTER, OCT. 1.
BTOCK EXCHANGE.—There has been but a trifling busine_,
done in our share market to-day, and prices are rather easie,l-6
The transactions were as follow :—Eastern Counties, 6 5"
--Edinburgh and Glasgow, •16'h—Lancashire and Yorkshire'
554,1—London and North-Western, Now Quarters, 3 1-16 P:
Ditto, Manchester and Birmingham Quarters (C), 1 11-16 r
Shrewsbury and Chester, Preference, guaranteed 8 per ceneti:
151,4—South-Eastern and Dover, 19 9-16—Dublin and B
fast Junction, 22th dis.

BIRMINGHAM, OCT. 1.
STOCK EXCHANGE. —Prices were, if anything, firmer to-dal
than yesterday, but no business of any importance was tral39'
acted on 'Change. Sales to some extent were effected
private. Shrewsbury and Birmingham Stock continues
request, and is extremely scarce.

SEABORNE MAILS.
„ma
[N signifies that the mails are sent front the General Fawley—
by the night--and M by the morning---4ispateh.]

=en made up in From what ibe;
PLACES. General Poet-oice port dis- due.
London. patched.
America (by Brit. pkt.)N Oct. 3 Liverpool .. Oct. 9
America (by U.S. pkt.) N Oct. 14 .. • . !Liverpool . Oct. 8
America (by U.S. pkt.) 51 Oct. 8 Southampt. *I Oct. 2
Africa (West coast).. N 14th of the month Plymouth Oct. 3 Alexandria* ........ N 19th & 30th of mo. Dover .. Sept. 2°2
Belgium .. •• N Daily .. hover .. Daily
Brazil . rd 9th of the month Southampt. Oct, 16
Buenos Ayres 9th of the month Southampt. Oct. 16
Callfornia(viaChagres) M Id & 17th of month Southampt. Oct. 5
Cape of Good Hope N 14th of month Plymouth.. Oct. 3
Constantinople* .. ••• Is' 7th 17th 27th of rno Dover .. Sept. 32
Central America .. 2d & 17th of mon. Southampt. Oct. S t
Channel Lies .. N Mon., Wed., & Fri. Southampt. Tu. Th.,*
Chili M 17th of the month Southampt. Oct. 5
France M& N Twice daily .. .. Dover • . Twicedalw
Greece* • .. • • N 7th 17th 27th of mo Dover .. Sept. 311.
Harnburg,h N Tuesday & Friday London .. Tues. Sat'
Holland Wednes. & Satan London .. MeN•Ti't
Honduras .„ . N 17th of the month Southampt. Oct. 20
Ireland .. .. M& N Twice daily .. Holyhead .. Twiceefa,
India (via Southamp.) AI 20th of the month !Southampt. Oct. 21
India (via Marseilles) N th& 24th ofmonth•Dover .. Arrived
Mediterranean (via
Southampton) .. M 20th of the month Sonthampt. Oct. 23
Mediterranean (via
Marseilles) .. N Bth& 24th of month Dover .. Arrived
Mexico M 2d of the month.. Southampt. (Oct. 5
Madeira • • • • M 9th of the month Southampt. 'Oct.) 6
Malta* f7t h,17 th,l9th,27th 3 Dover Sept. 28
& 30th of month
Naples* .. •. N,sth 15t1125tii of mo!Dover 'Oct. 2
Papal states.
.. istlllsth 25th ofmolDover Oct. 2
Peninsular.. •• Tif7th 17th 27th of mo!Southampt. !Sept. 26
Peru •• 17th of the mouth Southampt. Oct. 5
N sth th 25th cfciolio/cr .. Oct. 2
West Indies .. M'l7th of the month ISouthampt. 'Oct. 5
West Indies (except
Havanna & Nassau) M 2d of the month .. (Southampt.!Oct. 20
* The mails to those countries thus marked (1) are conveyed hi
French packet via Marseilles.
CALIFORNIA.—MaiIs to and from California, via the United State.
are now despatched and due by every American packet.

via the United statos
packet.

1,
In consequence of the large number of passengers booked
for Egypt and India on the 20th of October, the day the
next India mail is dispatched from Southampton,
steamers, the Sultan and Pottinger, will leave that port f°`
Alexandria on the above-named day instead of one. IV,
mails will be taken out by the Pottinger. This arrange
ment will not interfere with the dispatch of an extra steamer
to Alexandria on the 3d of November.

BIRTHS.
OF A SON.
On the 28th ult., at lelvorth-park, Bury St. Edmund'il'
the Lady Alfred Hervey.
On the 28th ult., at Hilton-park, Wolverhampton, Oa
wife of Lieutenant-Colonel Vernon, Coldstream Guards.

OF A DAUGHTER.
On the 28th ult., at Clapham-park, the lady of Williara
Thornton West, Erq.
On the 28th ult., at Brighton, the wife of B. Gardner, EEIP

MARRIED.
On the 30th tilt., at St. Marylebono Church, Mr. Frederii
Elsworth, of Chancery-lane, to Angelina, second daughter 01
S. G• Pope, Esq , of Gloucester-crescent, Regent's-park.

DIED.
On the 27th ult., at Athlone, Captain Robert Bluntisbr
Paymaster. 9th Regiment of Infantry, aged 66.
On the 29th ult., at Blackheath, Lady Nelthorpe,
of the late Sir Henry Nelthorpo, Bart., of Scawby, Lincoln-
shire, aged 71.

On tii'e 29th ult., at Leytonstone-villas, Stratford, Major
Thomas Sherman, late Royal Marines, aged".
On the 28th ult., aged 84, at Offham, Sussex, Penelope
Ann, widow of the late T. Partington, Esq.

London: Printed and Published by MURDO YOUNG, °I
No. 112, Strand, Printer, at The Sun Office, !k-o.
Strand, in tb. Precinct of the Savoy, in the county °
Middlesex, Thursday, October 2, 1854