The Sun.
London, England, 1835-11-17 00:00:00

A_
THE SUN, LONDON, TUESDAY, NOVE MBER 17, 1835

as the patron of Counsellor, Hudson, the voucher of
Patrick Egan, and the denouncer of David Murphy
his. Here, then, is his own statement :—" If there
should be no petition, I agreed, on the part of Mr.
Vigors, that the greater part of„ the second sum of
I,oool.—more than one-half of it—whatever might
'tie the amount of the election expenses, should be ap-
plied to commence the formation of a fund to indem-
nify the voters, and their friends and relations, from
that persecution which the Carlow landlords then
threatened,' and- have since exercised." • Now, what
is the proviso of the Act? Here are the words—
" Provided always, and be it filrther enacted, that
nothing in this Act contained shall extend, or be con-
strued to extend, to any money paid, or agreed- to be
paid to, or by any -person, for any legal expense
bona fide incurred at or concerning any election."
Clearly then the Carlow contract, whereby a seat in
Parliament was bargained for a sum of money—to wit,
2,0001. and guaranteed for that sum as a " safe specu-
lation," does not come either within the terms or the
spirit of this proviso. It would have been just as le-
gal for M?. Vigors to have deposited " considerably
more than the half " of the second 1,0001. in Mr.
O'Connell's begging-box, as to have appropriated it to
any other purpose than the payment of the expenses
ona fide incurred at or concerning the election. Other
points in this second epistle, which, perhaps, we might
have touched upon, have been so ably handled in the
Standard of last night, that nothing new is left for. us
to say—so we shalt close our remarks here for the
present, advising Mr. Raphael to read the fable of the
crow in )Esop, whose vocal talents Were as highly
flattered hTthe sly fox at the foot of the tree, as his
own patriotism and abillties were by the blarneying
Agitator, who certainly carried off more than " a
cheese," but not for his " own use," by . the " safe
speculation." Loudly, indeed, does ,he now assert
that he " never, in reality, mistook the crow for a
nightingale."—Morning Herald. .
The French papers of Saturday reached us last
night. They are occupied with two principal theines,
the dispute with America, and the speech of the Em-
peror Nicholas to the municipal authorities of War-
saw. The French Government paper, the Journal
des Debals, ventures some censorious predictions re-
specting the American Republic, which it would have
been more wise to'avoid. The President of the United
States is much less likely to be changed into a " Ci-
tizen King"—considering the deplorable sample of
" Citizen Kingship" now exhibiting ig France—than
the throne of Louis Phillippe is to be converted into
a Republican President's Chair. We published the
speech of the Emperor 'Nicholas last Thursday, be-
lieving it from internal evidence to be authentic, al-
though we suspect that no official authentication of
it has, up to this moment, reached the Foreign Of:
flee. It creates an equal burst of excited surprise and
indignation in the French capital as it does here. It
is tantamount to a declaration of war—not against
liberty only—not against free institutions only—but
against civilization and humanity itself. There are
some offences which, as pr. Johnson says, are " be-
yond the reproof of words," and this is one- of them.
The truculent despot who uttered the insane diatribe
in question, can only be addressed in language like
that of the old dramatist—
" Silence of scorn befits us !
Thou art so profligate that We admire thee
And know not what td say."
The French papers communicate few' new facts re-
specting Spain ; but those few are important, and con-
firm all our predictions. By them our readers have
been doubtless prepared for the gratifying announce-
ment that we are now about to make. We believe
that we may say, in the language of the prize-ring,
that the " game is all up" with the Carlist rebels. am
Carlos was at Irun on the Bth instant, within a league
and a half of the French frontier, evidently con-
vinced that the " better part of valour was discre-
tion," and resolved to " live and fight another day"
by " running away" on the present occasion. So end
in. smoke his thousand and one " glorious victories,'
and the march on Madrid," so much vapoured about
by our Conservative contemporaries. The visionary
arch is something like that of another celebrated

,otentate—

" The King of France marched up a hill
With twenty thousand men,
Did he,' indeed? What did he then ?
'Why—he marched down again."
—Morni',io- Advertiser.
The fierce Tartar who now fills the throne of Hus
sia, a throne-which, under the visitations of a just Pro
vidence, has more than once dripped with the blood of
its possessors—who, autocrat as he dreams of being—
who,- blind and helpless tool of his own evil destiny,
and worker of his own destruction, as in truth he is—
was reported some days ago to have addressed the mh-
gistrtcy of Warsaw in a speech viva voce.- Nobody
at first believed that Nicholas had really -spoken the
speech .imputed to him. Nobody, on the other hand,
who Was well acquainted with the character of Ni-
cholas, or with his history, or with the relations
wherein he had placed himself towards the Polish race
—or with those scorpion stings by which, through
the day and through the night—in crowds and
in solitude—in health and sickness—in the waking,
and above all, in the sleeping, hour of her tyrant, Po-
land has never yet suspended her terrible retaliations
Upon his distracted and.tortured spirit-:-no such person
could have failed to see in every line of thatshocking pro-
duction strong internal evidence that if Nicholas had an
opportunity of speaking for one. moment to the Poles,
he could have-expressed himself in no other accents.
However, we must state the thing as it has happened.
People—that is, the press of France and England,
in the former country to some extent, and here un-
questionably the organ of national intelligence and
feeling—did not at first give credence to the story, that
from the lips of any head that wore a crown—even
that of Russia—such a speech had ever been delivered.
The fart, nevertheless, is beyond dispute, that the
words were uttered. And how is it accounted for ?
By an involuntary and almost unanimous asseveration
that the speaker cannot be in a sound state of.mind I
Think, reader, what must be the true temper of a dis-
course, the authenticity of which was doubted for no
reason but that no sane intellect Could'have suggested
the argument conveyed in it ?, There are certainly
some circumstances in the late proceedings of Nicholas
which are at least calculated to create astonishment.
His sudden journey to Vienna, and proceedings there,
and abrupt departure thence, have not yet been clearly
accounted for ; and there is no construction of his
deeds or words easily compatible with sense or reason.
There is in Russia no responsibility of Ministers.
There is no sovereign power but one—.and that the
Czar. There is no legislative authority, like that of
our two Houses of • Parliament, which can supply a
legal substitution where the Royal capacity is sus-
pended. In fact, there is no redress for wrongs in-
flicted by the distempered but still the supreme will
and pleasure of a miserable unprotected autocrat. But
if Nicholas be no more than the spoilt minion of un-
restrained power, as we are ourselves inclined to think.
him, the amount of his atrocity, in the general esti-
mation of mankind, may be measured by the humi-
liating excuse thus made for him. He reproaches the
Poles with their love of Poland, and assumes, as an
unerring truth, the impossibility that they can feel
towards himoheir subjugator, other sentiments than
those of never-dying detestation. In this assumption
there is certainly no want of sound judgment. Never,
did the consciousness of unpardonable guilt be-
tray itself in proof more glaring never did impe-
nitent tyranny stand so confessed before God and
man. " Don't dare to tell me that lam not exe-
crated at the bottom of your hearts—l—l who have
perfidiously -violated all those pledges to Poland and
to Europe, under which your country was placed in my
_possession--4' who cufsed you with the despotism of
my savage'brother Constahtme—l, who have covered
Poland with the tombs of her best and bravest patriots,
---whO have satiated the very. lust and wantonness of
cruelty, in banishments, confiscations, imprisonments,
and massacres without end—l, who have threatened to
make it doubtful whether the dispersion of the Jews
was more complete than that of the Polish nation shall
be—l, who now, in the known clemency of my nature,
promise you, that if but a breath of lamentation, if but
one moan of sorrow at the ruin of that land which
saved Europe from bondage,—when Russia was safe
'from the cupidity of conquerors because she was below
their contempt—that if one such sound of grief or suf-
fering from an outraged and ',persecuted people shall

reach the jealous ear of . myself or my Field Marshal,
I will on the instant=what ? relieve, or raise, or
comfort, or support you,
_or let fall a soldier's pity
on the anguish of the brave? No,
slaves—no
victims,—no, you that have dared to live, after I
ordained you to perish—but that I will blow from
the surface . of the earth the ancient capital of
you; ,renowned country by the fire of this very
Russian citadel, built for its extinction. I, once more,
who have so deeply wronged, so grievously maltreated,'
so, betrayed, and so undone you, I command you not
to whispej one word of courtesy, for it is not in the
whole range of human feeling that you can do other-
wise than rightfully and piously abhor me." Such is
the cold accuracy of this remorseless conqueror—such
his correct arithmetic of the breast of man—and such
the sentence passed by him upon his own actions. But.
we rejoice at this. The fruit of it is coming. Tt is
to Europe at large—to France and to England above
all the rest of Europe—bitter mockery and insult, and'
provocation, which at length we trust will not fall
short -of its object. In this fine outburst of an em-
broidered barbarian, we find a lesson applicable to the
various emergencies which are pressing upon Eng-
land, as well as other Powers in the East and in tlie
West. LCO.Ok at the principle developed by the speech
of Nicholas. It is the excess, it it the very Jacobinism
of monarchy. " Submit to my will in silence; speak
not, move not, weep not for your miseries, or I will
thunder upon you from my fortresses—l will answer
your cries with cannon." If guilty violence be sure
to recoil upon itself, will it not do so here ? If the
early French revolutionists ruined their blood-founded
republic by tyrannyif Bonaparte by tyranny destroyed
an empire, by tyranny created—if, again, the grovel-
lipg autocrats of Ireland, the Kehoes, and Mahers, and
Walshes, and O'Connells have, by riot and waste in
the use of it, laid the axe to the root of their own mis-
begotten dominion,•why should the wildness of unbri-
dlede,
wickedness fail to work its natural effects as be-
tween the Czar of Russia and the people of Poland,
reinforced, as they are, by the hearts and roused pas-
sions of the whole of living Christendom—ay, and of
mote than Christendom ? We do protest in all sin-
cerity and gladness that this last offence of the Russian
tyrant is viewed by us as the most cheering symptom
we have ever yet perceived of the universal rottenness
on which rests his ostentatious and aggressive empire.
It bespeaks the
.harassed eagerneSs of a mind which
sees itself on the brink of a crisis, for which it has
made but feeble preparation. - It bespeaks, we, trust,
the near approach of some one great and portentous
change. And there is no change in store for Russia
by which the rights of nations, and the interests of hu-
manity, must
.not in all rational probability be-gainers.

cumstance Mr. Retch wrote immediately to the Lord
Mayor the first letter of that correspondence which had
taken place between the parties, and he did so because he
expected that the matter would come before the Magis-
trates on the following day ; and if he had produced only
the report in the newspapers, it would have been said, in
answer to any observation .he might make on the subject,
that he was trusting entirely to a newspaper report, and
that possibly the Lord Mayor might never have uttered the
words which had been imputed to him. Under these cir-
cumstances he had merely required to-know whether the
words imputed to the Lord Mayor had really been uttered
by him. The letter was in the following terms :
"My Lord,—l copy the following paragraph from the
Morning Herald of yesterday The Lord Mayor said the
Court was much indebted to Alderman Thomas Wood for
bringing forward this scandalous matter.' I need not allude to
the occasion on which the above is stated to have been uttered,
as it must be fresh in your recollection. You will oblige me
by informing me, withithe least possible delay, whether it be a
correct report of what you then said ? I have the honour to
be, my Lord, your obedient servant, " B. ROTCH."
" To the Right Hon. the Lord Mayor.
It was sworn by Mr. Rotch that the expression " with the
least possible delay," had been ttsed by him with reference
to the shortness of the time which must expire before the
subject canre under the consideration of the Magistrates,
and he wanted the return of the answer of the Lord'Mayor
in order to show whether the words imputed- were or were
not a mere newspaper report. It appeared to- him (Mr.
Thessiger) that Alderman Winchester might have conde-
scended to reply to this letter ; and if he had done so,
and had even avowed using the words, and stated that
he wds justified in using -them, supposing the account of
Mr. Alderman Thomas Wood to be correct, it might have
been better. The matter was brought before the Magis-
trates of Middlesex; a long investigation took place, Mr.
Rotch explained what he had done, and the result was that
the Magistrates sanctioned what he had done. The return
was examined into, the reasons, and the evidence on which
they were founded were canvassed—all was reviewed, and
the approbation of the Court was given to Mr. Rotch for
his conduct, and it was moved and carried that it had the
satisfaction of the Court. Up to this time, and until s-
later period (the 29th of October), Mr. Rotch was ignorant
of the mode in which Mr. Alderman Winchester had re-
ceived-the gentleman who carried the letter. ,This ap-
peared from the affidavit of Mr. Guppy, and it was this
matter which, in obedience to the rule of law already re 7
ferred to, Mr. Alderman Winchester ought to have brought
before the Court. It appeared by, Mr. Guppy's affidavit
that when he called on the Lord Mayor with the letter the
latter said, " Well, I only said that Alderman Thomas
Wood was qiiite right in bringing the matter before the
Court." Mr. Guppy then said, " that is what I wish to
ascertain ; I wish to know whether you did not use the
words scandalous affair,' when speaking of that matter ?"
Mr. Alderman Winchester answered, " I will not say whe-
ther I (lid or not : it was a scandalous affair. Was it not
a scandalous thing to say that the City, or the Court of
Aldermen (Mr. Guppy could not say which), made a profit
of Newgate ;" on which Mr. Guppy again asked him the
same question as before, and the Lord Mayor answered—
" I will haye nothing to say to Mr. Rotch. The Court of
Aldermen is a close Court : you may leave me : I have
nothing more to say to you." Now, of all this there
was not one word in Mr. Alderman Winchester's
affidavit, and it was the suppression of this material
evidence, of the irritating and provoking conduct on
the part of- Mr. Alderman Winchester, that disentitled
him to the. rule he now sought to obtain. He (Mr.
Thcssiger) should not attempt to justify what had subse-
quently taken place. Here was, however, a gross 'offence
towards the fried(' whom Mr. Rotch had sent, and towards
Mr. Rotch himself, and here, too, was a repetition of the
original offence to Mr. Rotch—a repetition of it, too, not at
a time when Mr. Alderman Winchester was clothed with
his official character, which he might have considered would
have secured him from responsibility,. but when he was
called upon by letter to say whether he had Used these ex-
pressions or not. It was a gross offence to repeat these
words, and when he said that the Court of Aldermen was a
close Court, the Court of Aldermen, if it were so, should
take care that a matter offensive to individuals should not
find its way beyond its doors. It was not right or pro-
per to open the doors of the Court for slander, and to
close them for responsibility. This was the matter to
which he wished to direct Their Lordships' attention, and
then to ask them whether Mr. Alderman Winchester had,
in his conduct, complied with the condition 'on which
criminal informations were to be granted. Mr. Rotch was
naturally irritated when he found how his friend had been
treated. Mr. Guppy was obliged to go that evening to
Bristol, and Mr. Rotch was therefore compelled to apply
to another friend, to Mr. Carvick,, by whom he transmitted
a second note to the Lord Mayor, requesting an answer to
his first letter. This second application had the same suc-
cess as the first. Mr. Alderman Winchester was at the
King's 'Head Tavern, in the Poultry, at dinner, when Mr.
Carvick arrived, and that gentleman was ttCeived and dis-
missed with the same abruptness as Mr. Guppy had been,
though the same offensive expressions were not used towards
him. He now came to that part of the case in which
he felt that he should not be discharging his duty to their
Lordships, and to Mr. Rotch himself, if he did not express
his deep regret that, in a moment of irritation, from the
repeated insults he had received, Mr. Rotch committed a
breach of the law, and sent a letter intended
.as ri chal-
lenge to fight a duel. But if the laws had been offended,
there were the ordinary remedies open to Mr. Alderman
Winchester. It was not the matter which pressed, and if
Mr. Alderman Winchester came to appeal to the discre-
tion of the Court, he was bound to do that which would
give him a claim to its exercise in his favour. •
Mr. ADOLPHUS followed on the same side. _
Mr. LAW supported the rule.
Mr. Justice PATTESONSaid that the object of the let-
ters of Mr. Retch was inanifest, and the rule must be made
absolute.
Mr. Justice 'WILLIAMS expressed his full concurrence
with this opinion, and said that Mr. Alderman 'Winchester
had substantially communicated the: whole affair, and had
not been guilty of any suppression whatever.
Mr. Alstice COLERIDGE concurred.—Rule absolute:

BAILCOURT-MONDAY.

Mr. Justice LITTLEDALE sat in this Court to-day for the
purpose of hearing motions.

CHAMBERS'S BANKRUPTCY.-STENTON V. GROOM.

Mr. KELLY applied to his Lordship for a rule to show
cause why the further proceedings in this cause should not
be stayed, until the
.further order of the Court thereon.
The Learned Counsel stated that this was one of several
actions commenced for the purpose of trying the validity of
the commission of bankruptcy issued against Mr. Chambers.
Mr. Justice LITTLEDALE—YOU may take a rule to show
cause.

COMMON PLEAS.-MONDAY.