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

Can we not, on such a solemn occasion, have a
truce to party and selfish maiceuvrings ? Cannot
those who are unable to snatch a peace in their
own way do their utmost to render the next
best way effective ? If they wish for peace, and
the nation says, " so do we, and as much as you,
but we must have peace enough to hold together,
and we are determined to get it by a struggle,"
ought they not then to throw their strength into
the struggle ? Can they under the conditions
do anything which will more facilitate the attain-
ment of their own object. Some soldiers in
the rear of the deep Macedonian phalanx
might have thought the place or time of the
charge ill-chosen by their General ; yet, when all
the success attainable depended on their adding
their full weight to that of those preceding them,
would they not have deserved military execution
if they had witkheld it ? Errors may be debated
afterwards—but the hour of action demands the
co-operation of all. In this sense, and at this
grave moment, England expects every man to do
his duty. A universal and generous rivalry this
session in warlike counsel ; an abnegation of
every personal and party feud is arousing and
helping our Cabinet, would be to Russia as ter-
rible as a second large army. It would be the
precursor of a speedy peace. Union and energy
will, therefore, be the tests of our Parliamentary
patriotism.

Great satisfaction has been expressed by the
so-called neutral (!) shipowners of Prussia
at the formal raising of the blockade of
the Russian Ports. Hitherto they have re-
garded with envy the enormous profits rea-
lised by their fortunate confreres who were
engaged in an organised system of land carriage
to help their Muscovite friends. They also de-
sired to be enabled to display their devotion to
the CZAR, particularly when the demonstration
would bring goodly supplies of "thalers' into
their own pockets. Under such circumstances
their devotion is boundless. They are even willing
to become millionnetires in such a cause. Can we
feel surprised at their admiration of the judicious
conduct of the English Government, which, by
the timely removal of every obstacle, has enabled
them to gratify their intense longing, and to sup-
ply Ryes contraband of war, or anytking that may
be required by Russia to prolong the contest, and
impose new difficulties in the way of the Allies.

Of course it will be universally believed that
this extraordinary concession has been made as an
indication of British anxiety to terminate the War
on any terms or at any price. Its natural effect
will, of course, be to harden the heart of the
AUTOCRAT, and to convince the Scandinavian
Powers that we are not even yet in earnest. It
will largely increase the prestige which Russia
formerly enjoyed, but of which she had nearly
been deprived by the capture of Sebastopol, the
suicidal destruction of the Black Sea Fleet, and
the various victories in the Crimea, together with
the cowardly skulking of her Baltic Squadron be-
neath the guns of Cronstadt, and the semi-bom-
bardments of Sweaborg and Riga. That prestige
was hitherto only preserved by the singular " pru-
dence and discretion" which prevented our Naval
Commanders from running their vessels into any
kind of danger, or attempting the solution of the
great problem of Wood v. Granite. It will now
be confirmed by this new act of forbearance, which,
whatever may be thought of it by the First Lord
and his coadjutors at Whitehall, will most cer-
tainly be ascribed in Germany to weakness, and
a determination to accept any conditions which
the CZAR in his clemency and moderation may be
pleased to offer.
There is, however, a column in our impression
of yesterday, which may in some degree serve to
counteract this impression, natural as it may be in
other
respects. It is the list of the additional
strength that has been added to the British navy
within the year that has just terminated, or which
is in course of construction, and will be available
for next season. It
comprises two ships of the
line, the Donegal and Victor Emmanuel, of 101
and 90 guns, five steam.
frigates of from 30 to 51
guns, and immense steam powers, and no less
than 128 steam gun-boats,
the want of which has
been so clearly perceptible during the operations
of last year. There are also a motley gro
of screw
steam-tugs, flour-mills, smithies, surveying ves-
sels, &c., which must add materially to the efficiency
of any naval squadron in the Baltic, more par-
ticularly under the improved arrangements, which
render all gun-boats independent commands from
and after the lstJanuary instant, in place of being,
as heretofore, merely tenders to other ships.
The strongest incentive is thus held out to officers
and men to exert themselves zealously and effi-
ciently. They will now reap the legitimate rewards
of their own daring exploits, in place of dividing
them with others who were not even spectators
thereof, and we may anticipate very beneficial
results from this improved regulation,
Another matter worthy of notice is, that the

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
assimilate the local tribunals to the divans of
Turkish Cadis rather than to English Courts of
Justice. Any such effort, no matter on what
plea 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 of
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-
man of the Commissioners—a Mr. TEMPLETON
stopped a learned gentleman who appeared for the
defence by the extraordinary aunouneement that
they (the Commissioners) had " decided not to
hear lawyers." Iu vain the learned gentleman
argued on the common-law right of the public to
be 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
(1007.) so unfairly and improperly given against
him—but even if he had the money to go to
jail, if they dared to send him there, and to give
notice of appeal and to tender his sureties. Mr.
TEMPLETON, 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 he would unquestionably Rave had a
serious inroad made on his first year's salary, if
it were even 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 name of a gentle-
man who has entitled himself to the highest
praise for the manly and efficient part which ho
enacted in the transaction, brought the matter
before the Supreme Court on the earliest p sssible
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 then 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 less 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 ]y 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. PRENDERGAST
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 he will reap
the legitimate rewards that must ever attend the
possession of qualifications such as he has mani-
fested.

The right of being heard by counsel is one 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 au estimable parent,
long known to the British public." Can it be
MI°ThkEL PP.ENDERGAST, the eminent Queen's
gc ald
fromed to
whence ?
If
so
l:
Counsel, and leader of the Norfolk Circuit, now
the favourite candidate for the Common Ser-
an
ewdeercaivned easily
conceiveet y,
the that
source is alluded
the
tact and firmness so well displayed
in the emer-
gency.

We commend the case to the attentive conside-
ration of the Colonial Secretary. Re may find

The equanimity of Mr. Alderman Copeland's tem-
per appears to have been somewhat ruffled, accord-
ing to the police reports in the morning papers of
to-day, in consequence of the insertion of a para-
graph in Wednesday's Sun,
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 net entirely, the truth
of our assertion. What we complained of was that
for an hour and a quarter there was no alderman
to proceed with the business of the police-court,
and 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 the private
room, as it was alleged, attending to business of
the greatest public importance, in consultation
with the City ,tolicitor—(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, but 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 Finnis 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 hall between 12 and a quarter past
1 o'clock, and had to leave empty handed in con-
sequence. 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
Court.

COURT CIRCULAR.

WINDSOR, JAL 3.

The Queen and Prince, accompanied by the Duke of
Cambridge, &A attended by the Marchioness of Ely and
the Hon. Beatrice Byng, drove out in an open carriage
yesterday afternoon, and honoured Mr. Ward, R.A,, by
visiting his studio at Upton-park.
The Equerries in Waiting were in attendance on horse-
back.

Prince Ernest of Leiningen left the Castle for the
Continent.

Prince Angnstis of Saxe Weimar arrived on a visit to
her Majesty.
The dinner party included the Duchess of Kent, the
Duke of Cambridge, Prince Edward of Saxe Weimar,
Prince Augustus of Saxe Weimar, the Duke of New-
castle, Lady Fanny Howard, Baroness de Speth. the
Hen. Mary Seymour, Col. Tyrwhitt, and Sir James
Clark.

The band of the Grenadier Guards played during din-
ner.7uThe Queen's private band afterwards performed in
the castle.

This morning Prince Albert, with the Duke of Cam.
bridgefraccompanied by Prince Edward and Prince Gus,
tavus of Saxe Weimar, went out shooting.
The Duke of Cambridge (attended by Col. Tyrwhitt)
and Prince Augustus of Saxe Weimar took their depar•
ture in the afternoon.

The Duke of Newcastle has also left the Castle.

The Hon. Mary Seymour and the Hon. Emily Cath-
cart have succeeded the Hon. Eleanor Stanley and the
Hon. Beatrice Byng as Maids of Honour in Waiting.

A Cabinet Council was held yesterday afternoon at
the Foreign office. The Ministers present were
count Palmerston, the Lord Chancellor, Earl Granville,
Earl of Harrowby, Sir George Grey, the Earl of Claren•
don, Lord Panmure, Mr. Secretary Labouchere, the
Chancellor of the Exchequer, Sir Charles Wood, the
Right Hon. R. Vernon Smith, Lord Stanley of Alder-
ley, the Right Hon. M. T. Baineq, and the Duke of
Argyll. The Council sat two hours and a half.
General La Marmora has arrived at Turin.
Yesterday his Excellency Lord Cowley presented Ad-
miral Lyons to the Emperor Napoleon.
Prince Ernest of Leiningen left London on Wednes-
day night for Germany.

The Sardinian Minister arrived in London yesterday,
from the seat of Viscount Palmerston, Broadlands,
Hants.

The Lord Chancellor will receive the Judges, Queen's
Counsel, &c., on Friday, the first day of Hilary Term,
at his lordship's residence, in Upper Brook street, at 12
o'clock.

The Chancellor of the Exchequer and Lady Theresa
Lewis returned to town yesterday from a visit to the
Earl and Countess Clarendon at the Grove. _ _

Viscount and Viscountess Palmerston arrived in town
yesterday morning from Broadlands, and in the after-
noon left London for Windsor Castle, on a visit to her
Majesty.
Lord Stanley of Alderley has returned to town from
Alderley Park, Cheshire.
Despatches for the Governor of Malta, Ceylon, and
Hong Kong were sent last evening from the Colonial-
office.

Admiral Lyons arrived in London late last night by
the South-Eastern Railway.
We (Scotsman) have good authority to believe that it
is the intention of Government to abolish the Board of
Fishery, which sits at Edinburgh, with officers through-
out Scotland.

THE LAND TRANSPORT,—.A correspondent of the Times
advocates the employment of one-horse carts similar to
those used by the farmers of Carmarthenshire.
LECTURES IN THE CRIMEA,—Dr. W. H. Brown, late
of the Polytechnic Institution, is about to proceed to the
Crimea to deliver lectures to our troops on literary and
scientific subjects.
Yesterday morning information was issued from the
chief police office of no less than four robberies of plate
in the neighbourhood of Kingsland and Oakley-square.
DEATH OF De. BABBINGTON.—This eminent surgeon
died at his residence, Queen's-gardens, Hyde-park, on
New Year's Day.
THE WI ER DAY OPENING OF THE BRITISH MUSEUM.
—Last night a meeting was held for the pt.rpose of
taking measures to open the British Museum every day
during the week. Resolutions in favour of the propo-
sition were unanimously agreed to.
THE ZOOLOGICAL SOCIETY OF LONDON.. —At the
monthly general meeting, held yesterday at the society's
house, in Hanover-square, Robt. Hudson, Esq., F.R.S.,
in the chair, Messrs. AWilliams, F. Smedley, W. B.
Gill, M.D., M. Henry, J. Balm jaR., E. Warwick,
and Albert Smith, were elected Fellows of the society ;
Messrs. W. J. Lawson, J. P. Alpe, A. S. Petrie, Dr.
Bird, and R. Stephenson, M.P.' were proposed as can-
didates for the Fellowship. The committee of auditors
of the accounts for 1855 were then elected, and the
sleeting adjourned to Feb. 7.
THE MURDER IN THE MINORIES.—The prisoner Cor-
rigan was yesterday again brought up on remand before
Mr. Yardley, at the Thames police-court, charged with
the wilful murder of his wife. The evidence given was
almost a repetition of that which has 'already appeared
in our columns. The prisoner, on having the usual ques-
tion put to him said—" I have no recollection how it
happened, or how it was done." The depositions having
been completed, the prisoner was fully committed for
trial on the charge of wilful murder.
THE ALLEGED STARVATION OF 'Two CHILDREN AT
HACKNEY.—Yesterday the inquiry, which was com-
menced en Friday last, respecting the deaths of William
Harvey, aged 7 years, and Harriet Harvey, aged 5 years,
who were alleged to have been starved by their father,
Edward Harvey, a bricklayer, and a female named
Harriet Ray, with whom he was living at N 0.13, Bruns-
wick-street, Honaerton, was resumed and concluded at
the two Black Boys, Well-street, Hackney, before Mr.
Baker. As on the previous occasion the inquest-room
was crowded. It will be recollected that the inquest was
adjourned in order that the contents of the stomach,
with the intestines, &c., of each child might be handed
over to Dr. Letheby for analysation. Dr. Letheby,
being examined, deposed that he had not found anything
which would lead him to suspect that poison had been
administered to either of the deceased. He had come to
the conclusion, looking at the total absence of fatty mat-
ter in all the tissues, a circumstance he had never known
before, that death in each case was the result of starva-
tion, which had been going on for a considerable time.
After other evidence to the same effect the coroner
summed up, and the jury having deliberated, returned a
verdict of " Wilful murder against Edward Harvey and
.Rarriet Ray." The inquiry then terminated,