The Sun.
London, England, 1856-01-04 00:00:00

THE SUN, LONDON, FRIDAY EVENING, JANUARY 4, 1856

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late Commander of the Baltic Fleet (Rear-Admi-
ral DUNDAS) has been ordered to haul down his
flag, with as scant ceremony as was accorded to
his predecessor, Sir CHARLES NAPIER. Whether
this is intended as a cover under which the late
First Lord may escape from the threatened on-
slaught of that gallant but deeply-injured officer,
which thanks to the electors of Southwark he
will have ample opportunity for making, or is for
the purpose of procuring a more energetic sub-
stitute, it is difficult to say. For the credit of
the Ministry we should hope that the latter may
prove the true reason, and that there may at all
events be an endeavour to procure " the right
man in the right place," the appoint-
ment being conferred, not for Parliamentary or
aristocratic influence, but for the qualities befit-
ting a true British Admiral, accompanied by an
unflinching determination not to let slip a single
opportunity of injuring or annoying the enemy,
for whom nothing will be too strong, and nothing
too small--one whose valour is not too strongly
tempered by what is now termed " discretion"
(but which might in the good old times receive a
less flattering designation), and whose vigilance
will let nothing esca.p3 it. This is the kind of
man the nation requires, and if Lord PALMERSTON
be duly alive to his own interest he will see that
the demand be fully complied with.

The great hold which England has on the affec-
tion and the allegiance of her colonies is by, so
far as practicable, affording the constitutional pro-,
tection of British law to every British subject.
Nothing could so greatly weaken the feelings
which it should be the object of the Home as well
as the Colonial Governments to promote and foster,
by every possible means, as any attempt at arbi-
trary or unconstitutional power which would
assimihrte the local tribunals to the divans of
Turkish Cadis rather than to English Courts of
Justice. Any such effort, no matter on what
piea it may be supported, should be promptly and
decidedly suppressed ; and it is the duty of every
faithful subject to resist to the utmost extent oE
his abilities the tyrannical and unconstitutional
onslaught on the liberties of his fellow-subjects.
We regret to perceive, from the file of the Mel-
bourne journals which has just come to hand, that
such an attempt has recently been made at the new
local court at Alma, held in the long room of the
Lord Raglan Hotel. On the first case, which
was one of partnership, being called on, the Chair-
Mall of the Commissioners—a Mr. TEMPLETON
stopped a learned gentleman who appeared for the
defence by the extraordinary announcement that
they (the Commissioners) had " decided not to
hear lawyers." In vain the learned gentleman
argued on the common-law right of the public to
he heard by counsel, showing that he was a bar-
rister both at home and in the colony, and that
they were not justified in refusing to hear what
he had to allege on behalf of his client. His
arguments were cut short in a very rude and dis•
graceful manner. Having previously resolved on
exercising despotic power, the Commissioners
would not listen to reason lest they might be " con-
vinced against their will." One of the body had
even the unparalleled insolence and audacity to pro-
test against the learned gentleman advising his client,
and recommending him not to pay the damages
(1001.) so unfairly and improperly given against
him—but even if he had the money to go to
jail, if they dared to semi him there, and to give
notice of appeal and, to tender his sureties. Mr.
TIMPLETON, however, declared there was no
appeal, and having committed the defendant to
prison, dared to threaten his energetic and able
counsel with similar treatment. Fortunately for
himself, he paused in his mad career. Had he
persevered ho would unquestionably have had a
serious inroad made on his first year's salary, if
it were oven sufficient to satisfy the weighty da-
mages that ought to be given in such a case.
It is right to state the sequel. Mr. PRENDER-
GAST, we rejoice in giving the same of a gentle-
man who has entitled himself to the highest
praise for the manly and efficient part which he
enacted in the transaction, brought the matter
before the Supremo Court on the earliest possible
opportunity. Every impediment was thrown in
his way. The Chief Justice was absent in con-
sequence of indisposition, and his brethren were
at first unwilling to hear so important a
case in his absence. But Mr. PRENDERGAST
persevered and succeeded. The Solicitor-
General thee appeared to oppose on be-
half of the Crown, bat Mr. PRENDERGAST
showed that the privileges of the Crown not being
involved, he had no locus standi in Court, which
being ruled in his favour, the " law officer" was
compelled to remain neutral. Finally, Mr. PREN-
DERGAST brought forward no leas than forty dif-
ferent reasons why the commitment was bad, and
should be quashed—and the first being conclu-
sive, he was stopped, and his client dis-
charged from custody, no judgment being
pronounced on the thirty-nine points re-
maining. The ignorance and incapacity of
the Commissioners were thus clearly established
in the earliest case on which they had been re-
quired to adjudicate, and the absolute necessity
for the attendance of a properly-constituted bar
at their sittings clear ly demonstrated.
It was fortunate that the privileges of the legal
profession, or rather of their clients—for the
rights •of Barristers are, properly speaking, the
rights of the community at large—found so effi-
cient and able a champion. Mr. PRENDERGA.ST
displayed the temperate and quiet firmness that
in a good cause is certain of success. He left
nothing undone that could conduce to his client's
advantage, and exhibited the qualities befitting
the distinguished profession of which he had
proved himself so worthy a member. All honour
to him we say for his conduct, and ho will reap
the legitimate rewards that must over attend the
possession of qualifications such as he has mani-
fested.

The right of being heard by counsel is ono of
the clearest belonging to a British subject. The
humblest citizen cannot be condemned unheard,
particularly when the proceeding is of a quasi
penal character, as manifested by the committal
of the defendant on his refusal to pay the fine
imposed. We only recollect one similar attempt
in the United Kingdom, where a magistrate com-
mitted an Irish barrister for insisting on his clear
and unquestionable right of audience, and for
which he, the magistrate,had to pay 5001„ and
full costs of suit, for a detention of some two or
three hours. Mr. TEMPLETON had, then, a narrow
escape in not pursuing the reckless course which
he threatened, but had not the hardihood to
adopt. We perceive that the Melbourne Herald,
in a leading article on the subject, speaks of Mr.
PRENDERGAST as "the son of an estimable parent,
long known to the British public." Can it be
MICHAEL, PRENDERGAST, the eminent Queen's
Counsel, and leader of the Norfolk Circuit, now
th° favourite candidate for the Common Ser-
geantey, that is alluded to ? If so, we can easily
conceive the source from whence he derived the
tact and firmness so well displayed in the emer-
gency.

We commend the case to the attentive conside-
ration of the Colonial Secretary, He may find

ample reasons therein for expressing decisive
opinions as to the conduct of the Commissioners
and of the gentleman who so nobly resisted their
illegal and despotic authority. The former should
receive the unequivocal censure they deserve—the
other the legitimate reward which he also has so
well merited.

Magisterial Punctuality—" An Alderman

Wanted."

The :/quanimity of Mr. Alderman Copolancl's tern-
per appears to have been somewhat ruined, accord- •
to the police reports in the morning papers of
to-day, in consequence of the insertion of a para-
graph in Wednesday's San, stating that the busi-
ness of the Guildhall Police-court was delayed for
an hour and a quarter on that day from the want
of an alderman. Mr. Alderman Copeland, in his
over-desire to bolster up the rottenness of a system
condemned long since by the public voice as one of
the great obstructives to a better state of things,
and more in consonance with the spirit of the age,
has condemned the system he so highly values, and
admits to a great extent, if not entirely, the truth
of our assertioen. What we complained of was that
for an hoar and a quarter there was no alderman
to ProA:eecl with the business of the police-court,
ar,d that a great many suitors were inconvenienced
thereby. What does Alderman Copeland. say ?
Why, that Sir P. Laurie commenced the business •
at 12 o'clock, and was subsequently relieved by
Alderman Finnis, who remained in tho private
room, as it was alleged, attending to business of
the greatest public importance, in consultation
with the City zolicitor—(Query, was not this con-
sultation relative to Corporation reform).
Now we fearlessly assert that Sir Peter Laurie
did not remain on the bench till relieved by Alder-
man Finnis, hut that he no sooner went on the
bench than he left it, and the business of the Court
was impeded till twenty minutes past one o'clock,
that being the time Mr. Alderman Finals arrived.
But what business can there be of greater import-
ance than investigating the night charges and re-
storing innocent persons to liberty as speedily as
possible ? What right have the City Magistrates to
incarcerate a fellow-being for an hour-and-a-half
longer than is actually necessary, and inconvenience
the public to confer with the City Solicitor, whose
services are paid for probably by those whose time
is thereby squandered ? And what is the use of an
institution that cannot adapt itself to the wants of
the day ? Does it not unmistakeably show that
the office of alderman is incompatible with
that of a magistrate, and that to discharge the
duties of one efficiently the other must be
neglected ? This is another instance of the
necessity of a stipendiary magistracy for the
City of London. With regard to the personal
remark gratuitously introduced into the report by
the " Guildhall reporter," that the representative
of this journal relieS on third persons for his infor-
mation, we take no other notice of it than giving
a simple denial, and to add that that gentleman
was twice at the ball between 12 and a quarter past
1 o'clock, and had to leave empty handed in con-
seqaence. The gist of the offence is, that the re-
presentative of this journal holds too independent
a position to please the sensitive feelings of the
"great guns" of the City, and declines to play the
"toady" to them, as may be the case with others,
who, from interested motives, wink at the short-
comings of the officials, and decline noticing
grievances notorious to every person who has
business requiring his attendance at the above
Cana.

THE PEACE PROPOSALS.

THE LAST RUSSIAN CIRCULAR.

The Nord, of Brussels, publishes a Berlin corre-
spondence, which gives the following analysis of
the Russian circular of the 22d December. It
says:—

"I commence by giving you testually the announce-
ment (notice) annexed to the despatch, and which runs
as follows :

" The Emperor consents that the third point shall be
Solved (resolu) by the following combinations :

" 1. The closing of the Straits.
" 2. No military flag whatever shall float in the
Black Sea, with the exception of that of the forces
which Russia and the Porte by a common consent may
deem it necessary to maintain there.'
" 3. The amount of these forces shall be fixed by a
direct agreement between the two coasting Powers,
without any ostensible participation of the other Powers.'
"The following is an exact analysis, I might almost
say the reproduction, of the despatch itself, which must
actually be in the hands of all the Governments to which
it is addressed :

" 'The Imperial Cabinet first states that the momen-
tary interruption of hostilities in consequence of the bad
weather has necessarily aroused the general hope that
advantage would be taken of it for the establishment of
peace, arid declares that it, was not the last to share the
sentiment and to devote a just solicitude to it. It owns
frankly that the desire expressed by the Emperor of the
French, at a public solemnity, in favour of a prompt and
durable peace, was at the same time, and still is, the
dearest wish of the Emperor Alexander.
" The elevated policy which has been bequeathed to
this Sovereign by his predecessors makes it his duty to
make use of the power which God has placed in his
hands only for the good of mankind, and consequently
to desire peace, not only in the interests of his own sub-
jects but in those also of the whole of Europe. The
Emperor Alexander has not waited for the present mo-
ment to endeavour to attain that object. On his accession
to the throne he ,gave his full and entire consent to the
bases admitted by his auguet father.
" These bases, however, admit of different interpreta-
tions. The Emperor, without hesitation, gave them the
most liberal interpretation (leer donna lee plus larges
developpeinents). As a proof thereof he can quote the
frank and loyal concurrence which he lent to the modifi-
cations to be introduced into the political system of
the East and to the collective guarantee which was to
assure its independence. He even went so far as to
sacrifice his secular and glorious traditions. He finally
proved the sincerity of his resolutions by the manner
with which he adopted the changes proposed for the
Principalities of the Danube and for the navigation of
that river.

" If the conferences were broken off on the subject
of the third point, tl:e responsibility thereof does not fall
upon the Imperial Cabinet, for when ithe Austrian Ca-
binet brought forward the solution which appeared to it
Ynost acceptable, it was the Russian Plenipotentiary who
declared it susceptible of becoming the starting point
(point de depart) for an arrangement, and it was the
Mioisters of the adverse party who rejected it in conse-
quence of internal dissensions which bad arisen.

" in the course of the grave events which ensued,
while torrents of blood flowed and the two belligerent
parties were imposing immense sacrifices on themselves,
however much the heart of his Imperial Majesty was
affected thereby, he was obliged to remain silent as long
as his enemies appeared resolved to substitute the right
of might to the spirit of justice and of conciliation,
which, for nearly half a czlitury, had presided over the
destinies of Europe.
" But as soon as information reached the Govern-
ment of his Mrijeay, which assured him that his ene-
mies were disposed to take up again (;•eprendre en sous-
ceuvre) the negotiations of peace on the basis of the
four points, such as they had been defined in the
Conferences, the Imperial Cabinet did not beitAte
to cou'e forward frankly to meet those peaceful
dispositions, and to seek frankly a possible solution
for the third point in the order of ideas which had ap-
peared, turn about, satisfactory to all parties."
[Here follows, says the Berlin correspondent of
the No}•d, the notice given above, and which
" gives a complete solution to what is called the
third guarantee."]
" The Impe►iai Cabinet declares in conclusion, that
this resolution of the Emperor will give a new pledge of
the sentiments of conciliation by which he is animated
and of the sacrifices he is ready to make for the peace
of the world. He puts his trust in the impartial judg-
ment of the Powers which have remained strangers to
the struggle, and calmly and confidently awaits the de-
cision of his enemies.' "

VIENNA, DEC'. 31.—The following article, which
is from the Augssurg Gazette, will be read with
pleasure, as it not only fully confirms information
long since contained in our columns, but gives a
detailed account of what has recently passed be-
tween England, France, and Austria. The
article, which is nominally from Frankfort, is
evidently from an excellent, if not an official,
source :

" The mission of Count Valentine Esterhazy is the re-
sult of a complete understanding between the Western
Powers and Austra. Since the commencement of the
Eastern crisis, the understanding between the three
Cabinets has never been so clear, cordial, and perfect
as it now is, and this as well in regard to the new
conditions of peace as to the measures to be taken
if they should be rejected. The terms of peace will be
recapitulated, and such remarks made on them as may
appear necessary. 1. The Russians to relinquish all clam
to the right of protection over the Danubian Principali-
ties, and to agree to certain conditions for securing their
future political position. This point, though difficult of
execution, is expressed in such clear and positive lan-
guage that—if it should be accepted—it will be impossi-
ble for Russia to exercise any prejudicial influence on the
negotiatiens for the regulation of the affairs of the coun-
tries in question. In short, it is demanded that Russia
shall simply accept the arrangements which may be made
without sharing in the negotiations or in the resolutions
which may be taken. 2. Cession of a part of the Bessara-
bian territory, of such extent that Russia shall not only be
removed from the Delta of the Danube, hut shall entirely
relinquish her position on the Danube. (The geographical
line for the new frontiers of Russia, which is given in the
propositions, is drawn at a considerable distance from
the Danube.*) 3. Neutralisation of the Black Sea,
without any Russian fortifications or arsenals on its
coasts. At the mouths of the Danube, however, there
is to be a station fer the smaller vessels of war which are
t' do police duty in the Black Sea. 4. All the Powers
to protect the Christian subjects of the Porte. The fore-
going proposals emanated from Austria, but the Western
Powers added—the admission of consuls to all the ports
of the Black Sea, and the promise of Russia never in
future to fortify the Aland Islands.
" In as far as Austria is concerned, the propositions,
without being an ultimatum, have the importance of
one. The new agreement was made between the
Western Powers and Austria in the most straight-
forward and loyal way, and a speedy decision is
required from Russia,t as the Powers are fully re-
solved that there shall be no diplomatic trickery. It
w aonly
Iy ont
terms.hi s condition
The that
tremendousthe )Ve ster n
armamentsPowerswhich
con-
sented to the
England and France are making for the spring can
neither be interrupted nor can the enormous outlay be
made in vain. The British Cabinet is resolved to give
positive information to Parliament, and this is whysuch
a short time has been granted to Russia. In case of the
rejection of the propositions the diplomatic relations
between Russia and Austria will at once be broken off.
It will depend on the result of Count Esterhazy's mis-
sion whether we shall learn anything more relative to
the recent negotiations between the Western Powers
and Sweden."

* The territory to be conceded lies between the Pruth
and a line drawn from the fortress of Chotym down to the
Salt or Sasik Lake, on the coast of the Black Sea.
t Within three weeks.

THE WEATHER IN THE BALTIC.—PLENSMIRG, Doc.
30.—A thaw set in here on the 24th December and
still continues, which, though not sufficient of itself to
open the navigation, has enabled a channel to he cut for
the entrance and departure of vessels. Bolderaa,
Dec. 2G.—The waters here are now navigable as far as
the winter harbour, the south wind having completely
freed the mouth of the river from ice. Lubeck, Dec.
29.—The communication between this place and Trave-
munde has been re-established by the breaking up of the
ice, and several vessels have left for that port to-day in
tow of the Courier (s).
REDUCTION IN THE PRICE OF COALS.—Yesterday the
retail coal dealers throughout the metropolis reduced
the prices of every description of fuel. Seaborne coals,
of good quality, sell at Is. 31 to ls. 4d. per cwt. •
Yorkshire, at ls. 2d. ; and Derbyshire and Staffordshire,
at is. to ls. ld. per cwt. ; and small coals sell at 11d.
per cwt. The best gas coke can be obtained at sd. per
imperial bushel. Chumps, logs, and kindling wood
have decreased in value ; and charcoal may be had at
very much reduced prices.
REPRESENTATION OF HEREFORD.—There is likely to
be a sharp contest for the representation of the City of
Hereford, which, it is expected, will shortly be vacant,
in consequence of the bankruptcy of Sir Robert Price.
A requisition is now in•course of signature to Thomas
Evans, Esq., of Sufton Court, Herefordshire, calling
upon him to allow himself to be put in nomination, and
It. Biddulph, Esq., of Ledbury, who formerly sat for
the city, has announced his intention of :tgatn coming
forward whenever a vacancy occurs. A third candidate
is also spoken of.
THE DRUIDS AT OXFORD.—The return of New
Year's-day brings with it the annual festival of the
Druids at Oxford. Ou the
st nresent occasion upwards of
300 sat down to a sumptuous repa in the-hall.
N. A. Brunner, coroner for the county and city of
Oxford, presided. Amongst the company were—the
Right Hon. E. Cardwell, M.P., the Mayor of Oxford,
Aldermen Sadler, Dudley, Towle, andr blown ; several
members of the town council, the N.A. of the Grand
Lodge of England, &c., &c. Mr. Langton, M.P., was
unable to be present owing to illness.
LAUNCH AT BELFAST.—On Tuesday afternoon a
barque was launched from the slip of Messrs. Alexander
M‘Laine and Sons, at Belfast. The vessel was named
the Moyola. She is of excellent model, and it is expected
will be a remarkably fast sailer. She is about 400 tons
burden, new measurement ; 133 feet on deck ; depth of
hold, 15 feet; breadthlof beam, 23 feet. We understand
that she is intended for the West India trade, and is
the property of Captain Porter, of Carrickfergus. At
the destined moment the supports were knocked away
by the Blieultaueous eilurts el the carpenters, and amid
the roar of cannon and the cheers of the multitude she
swept gracefully into the water.

It is this measure which is supposed to have
Induced Omer Pacha's retreat.

MADRID, JAN. 2.

The capitalists of Madrid have proposed to the
Government the creation of a National Bank of
Credit.

The Weser Gazette states that an additional
article touching the Third Point has been added
to the treaty of December 2, between Austria,
France, and England. It does not, however,
impose on Austria the obligation of taking part
in the war upon the eventual refusal of Russia to
accept the Third Point as interpreted by Austria
and the Allies.

BRUSSELS, JAN. 2.

The interpretation of the Third Point given in
Count Nesselrode's note of the 22d Dec. is re-
garded here as the answer, by anticipation, to the
message of which Count Esterhazy is the bearer.
We learn that the Austrian message was not for-
mally communicated to the Russian Government
until the 28th ult., but its drift was of course no
secret at St. Petersburg weeks before that date.
Some such pretended solution of the Third Point
as that put forward by Count NesselrOde had
beau bruited for several days before the existence
of the note was known ; but what seems more im-
portant to note is, that this latest declaration of
Russian principles is officially made within six
days of the delivery of the Austrian propositions,
and with every appearance of being designed to
preclude them.