The Sun.
London, England, 1835-12-29 00:00:00

THE SUN, LONDON, TUESDAY, DECEMBER 29, 1835

sissima verba, the eyes of the Times might possibly have
been opened. The juxtaposition of Dr. PHILPOTTS
and " morbid sensibility," makes one smile involun-
tarily ; and the distinction implied, in the concluding
passige, between the mild -charity of the Gospel and
the unrelenting spirit of the" system " which is founded
on the Athanasian Creed, is no less just than happily
expressed.

New York and Washington Papers, the former to
the Ist inst. inclusive, have been received via Liver-
pool. Their contents relate principally to anticipa-
tions of the details of the PRESIDENT'S Message, which
was to be delivered to Congress on the 7th inst. ;
to the probability of a war between the United States
and France ; and to the state of affairs in Texas.
There are, besides, some details respecting the ener-
getic conduct of the SlaVery Abolitionists, who are
deterred by no dangers personal to themselves in the
prosecution of the good work which they have under-
taken ; and a good deal is said on the subject of a
resolution of the shipping interest of New York to
navigate the Atlantic by steam. These include the
leading topics in the American Journals ; but most of
what is said about them is -purely conjectural. We
regret to find that the Americans show no disposition
to come to an amicable adjustment of the question at
issue between their Government and that of ' France.
This is the more to be regretted, as we are possibly on
the eve of a general European war, in which France
will, and must be, one of the most conspicuous figures.
The accounts from-Texas represent the inhabitants
as hourly imploring the aid of the States against the
Government of Santa Anna. On the part of the
Americans there is a.strong feeling in favour of the
insurrectionists, whose country many Members of Con-
gress are most anxious to declare an integral part of the
United Confederacy. This is most unjust ; but as

he question is likely to occupy a considerable space in
be PRESIDENT'S Message, we shall await the arri-

val of that document before taking further notice of it.
So convinced were the Americans of the certainty of
a war with France, that French goods had risen fifty
per cent. in price before the 30th ult. This rise in the
price of French manufactures will create a strong party
in favour of hostilities, especially as many of the New
York merchants have their warehouses filled with
French goods purchased in the anticipation of their
importation being shortly prohibited. Hundreds be-
sides look forward to the chances of making a large for-
tune by smuggling.

Lisbon Papers have been received, from which ex-
tracts are given in another column.

Advices from Madrid to the 21st inst. have been
received. They are important, inasmuch as they show
that the triumph of the Constitutional cause cannot
be long delayed. M. MENDIZABAL continues to
direct the helm of the State with an energy, a calm-
ness, and a degree of foresight that has astonished
even those who had previously the highest opinion of
his great capacity. Certain partizans of the Pre-
tender endeavoured to shake public confidence in the
Premier, by circulating reports to the effect that he
had set secret negotiations on foot with a view to
compromise all differences with Don CARLOS. In
answer to such base insinuations, the following article
appeared officially in the Madrid Gazette of the 20th
inst.:—

" The same falsehoods which had been so often refuted
in this official journal continue to be scattered in the capital
and in the provinces ; and again, the absurd report is re-
peated that negotiations have begun with the Pretender,
and that there is_ an intention of entering into an agree-
ment with him. The propagators of this nonsense pro-
pose to themselves the object of destroying the fixed con-
dition,"tO wit—order and confidence, without which it is
impossible for the Government of her Majesty to termi-
nate the civil war without new loans or contributions.

" We are authorized to oppose to these rumours, the
origin and intention of which is not doubtful to any, the
profession of political • faith made by the Government.
No foreign intervention, no transaction, either with the
Pretender or with any person whatever, although even
it should seem necessary from circumstances almost im-
possible to occur, and which it is not wi,hin the reach
of man to foresee, since in such a case, the occurrence
of which is not credible, the Ministry would liberate itself
from the opprobriusoi and the responsibility of treating
with the enemy by giving in their resignation ; purely
national resources in order to.terminate the contest ; the
execution of the programme of the 14th of September ;
honesty, frankness, activity, and energy in the elements
and proceedings of the Ministry—these are the articles of
its political religion. Against this declaration, which hitherto
has not been falsified by any act, and which shall not be so in
future, may be placed the chit-chat of interested persons,
who tremble on beholding., in the prudent determination of
her Majesty the Queen °Governess, in the loyalty and en-
thusiasm of the Spaniards, in the firm and vigorous attitude
of the Government, and the concord of the powers of the
State, the approaching ruin of, the rebels, the consolidation
of the Throne, and of the public liberties.
" One of the unfounded reports which have been propa-
gated these days past is, that the supposed transaction with
Don. Carlos refers not to the lights which the Usurper
affects to have to the throne, but to the sum which is to be
given to him to reside in a foreign country. To this are
reduced the hopes of those who spread the news of this
transaction, since they already content themselves with
money. We are authorised to deny the truth of all such
reports solely in these words-4 The Government will enter
into no transuction.' It is also false, that there had arrived
at head-quarters, or that there was any idea of admitting
into them, any leader of the partisans of the Pretender."
In the Chambers all is done with a view to benefit
the country. -Considerable delay has taken place in
consequence of the illness of the more influential mem-
bers of the several committees ; but in no instance was
the delay voluntary, or with a design to retard the com-
pletion of the Reforms promised by the Premier.
-

The Eco del Comercio gives the following account of the
Queen's Army of the North, now actively employed against Don
Carlos, or ready to take the field :
General Cordova has under him 13,000 foot, and
2,000 horse
General Espartero
(9,000 of whom are English, under the command of Gen
Evans, consisting of infantry, cavalry, and artillery, and
the column of Pastor, 2,000 men, consisting of the batta-

lion of Africa, the regiment of San FernandO% the National
Guard of St. Sebastian and Chapelgorris.)
General Gurrea commands a column (consisting of infan-
try, cavalry, and artillery) of
There is, besides, an Army of Reserve .of
The Legion of Algiers
The Portuguese Army
The Reinforcements arrived from Madrid
Ditto from Estremadura
Ditto from Aragon

3,000
8,000
3,000
7,300
3,700
5,000
4,000

60,000
The garrison of Pampeluna 2,0001
Ditto, St. Sebastian BOO
Ditto, Bilboa
Ditto, Vittoria
Ditto, Logrono
Ditto, Puente de la Reyna
1,500
Ditto, Guetaria 4OO
Ditto, Lequeitio 4OO
Ditto, the bridge of Irun

Grand Total. 71,600
Namely, a total of 60,000 men in the field, and 11,600 in gar-
risons.

Scarcely a Meeting takes place of the Magistrates
for the County of Middlesex, but they so conduct
themselves, either in the administration of justice, or
in the taxation they assess upon the county, as to ex-
cite the astonishment and the indignation of the
country—astonishment that such exhibitions should so
frequently occur, and indignation that those who have
the authority to prevent them do not exercise it, by
erasing from the Commission of the Peace, the princi-
pal actors in the tom-foolery which it is so often our
painful duty to record. Within the last few days we
have reported the case of an individual sentenced by
the Middlesex Magistrates to a punishment out of all
proportion to the crime committed. We have seen the
same individual brought up on the same day, and ano-
ther sentence passed on him. Now, we apprehend bn
this proceeding, that the first sentence passed was ay
unnecessarily severe one, and that a more lenient- one
was fully adequate to the punishment of the offence

committed. If so, the Magistrates composing the
Court which had passed the first sentence should, by
the proper authorities, at once be relieved from -again
sitting in judgment on any of his Majesty's subjects.
On Thursday last, at the meeting of the Middlesex
Magistrates; the case of Mr. MORRIS BARNETT, to

which we allude, was mentioned, and Mr. HALSWELL,

it appears, " attempted to bring the subject of the
heavy sentence passed upon this gentleman, and its
subsequent recal, under the notice of the Bench ;"
but " Sir PETER LAURIE thought the Court of
Magistrates had no power to sit in review on what
one of their own body had done when presiding judi-
cially."
_

This may be a very convenient way to evade the
consideration of a disagreeable subject ; but the public
have too great a stake in the proper administration of
justice to be content with Sir PETER LAURIE'S eva-
sion. Test his argument by the facts of the case. The
first sentence passed on Mr. MORRIS BARNETT was
not, as Sir PETER LAURIE asserts, the act of " one
magistrate presiding judicially," it was the sentence of
the Court of Magistrates sitting in General Session,
expressed by their Chairman, Sir WILLIAM CURTIS.
From the report, it appears that Sir WILLIAM
CURTIS left the Court, and application was afterwards
made to him (on behalf of the unfortunate prisoner) at
his house in the City ; after which application he re-
turned to the Sessions-house at Clerkenwell, and two
other magistrates arrived to constitute a court ; the
prisoner was again brought up, and a second sentence
passed upon him. Perhaps Sir PETER LAURIE
;would say that the same three magistrates who passed
the second sentence also passed the first, and therefore
were qualified " to do what they liked with their own."
But we do not believe they were the same magistrates ;
and whether they were or not, during the interval that
elapsed between the first sentence and the second, the
Court had broken up ; and, as a matter of course, had
either concluded the business of the session, or had ad-
journed that session fo some future day ; in either of
which cases the proceedings of Sir W. CURTIS and
the other two magistrates in constituting a Court—in
recalling a sentence that had been legally passed—in
discharging a prisoner out of custody who had been
legally committed, were all illegal acts on the part of
these magistrates ; and however advantageous the opera-
tion may have been to Mr. MORRIS BARNETT in the
removal of so extraordinarily a severe sentence pro-
nounced on him, we think the circumstances arising
out of such an administration of justice imperatively
call on those in authority to prevent the possibility of
a recurrence of such proceedings.
On Thursday last also, the Middlesex Magistrates
had a long discussion on the propriety of making bread
for the prisoners in the prison, instead of purchasing
it by contract. The question was loudly called for, and
the divisions produced another scene. " It• was first
put to a show of hands, when twelve were held up in
favour of the motion, and fifteen against it. At the
request of a magistrate,, the names of the magistrates
pro and con were afterwards taken down seriatim by
the clerk, who announced the result to be fourteen for
the motion, and fifteen against it. Some surprise was
expressed by several magistrates at this strange diffe-
rence in the result, and Mr. ALLEN, the Clerk of the
Peace, was, after some opposition, allowed to read over
the names he had taken down. One gentleman, whose
name was down against the motion, declared he had
not voted at all, and his name was erased. The num-
)ers being now equal, it remained with the Chairman
o give the casting vote, which he did in favour of the