The Sun.
London, England, 1832-12-26 00:00:00

COURTS OF REVISION UNDER THE

REFORM ACT.

The proceedings of the Courts of Revision con-
stitute rather an important part of the machinery of
the Reform Act. No law can define a property
qualification with such precision as to exclude a
multitude of nice questions, upon the decision of
which will sometimes depend the elective rights of
classes. The Revising Barristers, who, we believe,
have executed their functions with an ability which
reflects credit upon their selectors as well as upon
themselves, have had to deal with a variety of these
delicate questions of qualification, and in some cases,
—for example, the right of dissenting preachers
growing out of their interest in places of worship,—
their decisions, in different parts of the country,
have been conflicting. In this view, authentic re-
ports of the proceedings in these courts are desirable.
The only report of this kind we have yet met with
is that of the Court of Revision for the Isle of
Wight and the borough of Newport, which, on ac-
count of the limited number of voters, afforded an
opportunity of giving to there new questions of
election-law a fuller consideration than was prac-
ticable in larger districts. The revising barrister
was Mr. James Manning; the reporter is Mr. Wm.
M. Manning, who has added notes and remarks on
the Reform Act, some of which are valuable.
A hasty notice of this work is ail we can give.
Most of the cases are, of course, minute, though no
doubt useful as guides and precedents. Some, how-
ever, are not unimportant.
A county voter was objected to on the ground
that the freehold he claimed was a garden within
the new borough of Newport, and that he occupied
a house in the borough, which gave him a borough
vote; and the Act withholds a vote for a county in
respect of land occupied by a person, together with
any house, such house being, separately or jointly
with the land, of such value as conferred on him a
borough vote. The revising barrister, however,
retained the name. " The borough qualification," he
observed, " is given by the 27th section to the per-
son who shall occupy within the borough, as owner
or tenant, any house, &c., being either separately
or jointly with any land within the borough, occu-
pied therewith by him as owner or as tenant under
the same landlord,' of the yearly value of 101. I
think that the most natural construction of the latter
clause is to read it as if it had been occupied by
him as owner of such land, if he be also owner of
the house, &c., or occupied by him under the same
landlord, if he occupy the house, &c., as a tenant.'
If this be the true construction, the respondent's
garden could not have been connected with the
house so as to make out a borough qualification, had
the value of the house been insufficient."
The following case affords an amusing specimen
of ingenuity in making out a county qualification :
The list of Shalfleet parish contained the following
entry :—" James Bull—Wailands—rental exceed-
ing 500 The revising barrister, considering the
description in the third column insufficient, as not
showing either tenure or occupation of lands or te.
nements, examined the overseer as to the nature of
the qualification set up, when it appeared that Bull
rented a house of the value of 81. or 101. a year,
together with a certain number of cows belonging
to, and depastured upon the meadows of, Bull's
landlord ; and that for the use of the house and the
cows jointly he paid a rent exceediug 501. Bull
was not rated to the poor. The barrister was of
opinion that the Act did not sanction the metamor-
phosis of Mr. Bull's landlord's cows into a tene-
ment of his own.

-------
Amongst the notes to the Reform Act, those re-
lative to disqualification by the receipt of alms or
charities, and to the qualifications and disqualifica-
tions of candidates contain useful information. In
the latter occurs the following remark, which is
sufficiently curious :—" The sheriff, or other return-
ing officer, cannot take notice of pledges given by a
candidate to support any particular measure. It is
true, that by the terms of the writ the sheriff is com-
manded that at the day and place mentioned in the
writ he cause the knights and burgesses to come
in such manner that the said knights for
themselves and the commonalty of the same
county, and the said citizens and burgesses for
themselves and the commonalty of the said (univer-
sity) cities and boroughs respectively, may have
from them full and sufficient power to do and con-
sent to those things, which then and there, by the
common consent of our said kingdom, by the bless-

ing of God, shall happen to be ordained upon the
aforesaid affairs, so that for want of such power, or
through an improvident election of the said knights,
&c., the aforesaid affairs may in no wise remain un-
finished.' From the language of this writ it may be in-
ferred that a candidate would not be duly elected
who had not obtained from his constituents to

do and consent to those things which shall happen
to he ordained.' But the indentures made between
the Sheriff and the commonalty of the county (as
directed by 7 Henry IV., c. 15), and those between
the Returning•officer and commonalty of a borough
and the Sheriff, are the only legal evidence of the ex-
tent of the power delegated. By that instrument the
electors give and grant to the persons elected full
and sufficient power for themselves and the com-
monalty of the said county or borough) to do and
consent to those things which at the said Parliament
by the Common Council of the realm shall happen
to be ordained. All the electors are required by
law to execute these indentures, and therefore all
must be considered as delegating the general powers
mentioned in those indentures, whether they ac-
tually affix their seals or no. Neither the statutes
nor the common law, nor the ancient form of the
writ, which is evidence of the law, authorize the
return of Members not fully empowered to do and

consent to' that which in their own judgments and
as representatives of the Commons of England ge-
nerally ought to be done."

EXPRESS FROM BRUSSELS.

(From the Times.)
BRUSSELS, MONDAY Nootr.
CAPITULATION OF THE CITADEL.

This important event, for which, of course,
you were prepared by my express of yesterday,
is at length certain. The capitulation was
signed last night at half-past 10 o'clock.
I have not been able to get a copy of the of-
ficial document itself, hut you may rely on the
following as its substance.
General Chasse has demanded as the condi-
tion of his surrender, that his garrison should be
allowed to march out with all the honours of
war, and should be permitted to convey the ma-
teriel of the garrison, &c., to Holland.
The Marshal refused the latter part, but
would consent to the former only, in the fol-
lowing way :

Baron Chasse was to have his choice of
marching out at the head of his garrison with
all the honours of war, forts Lillo and Lief-
kenshoek being at the same time given up to the
French ; or, if these forts were not given up, the
Baron and his garrison to surrender as prisoners
of war, and so to remain until the two forts al-
ready mentioned are in possession of the French.
After a negotiation which occupied some
hours, Chasse, at length, accepted the latter
terms, and agreed to surrender himself and 1.1.
men as wi3onorQ of war, he not having, as he
alleges (and as is believed), any right to control
the commandants of the two forts already named.

In consequence of this a detachment of French
took possessio❑ of the demilune and of the gate
of the citadel leading to the esplanade, and to-
day it was arranged that at noon the Dutch gar-
rison were to lay down their arms on the glacis
of the citadel, and retire to the rear of the
French army. The citadel was then to have
been given up to the Belgian troops.
Thus has terminated the first part of the con-
test. It will now be seen whether Holland will
strive to transfer the seat of war to the Scheldt

itself. You will perceive in some of the sub-
joined extracts that her fleet has made an at-
tempt to come up, and has had a smart action
with some of the French. They were by the
last accounts not a great way below the Fort du
Nord. But now that the citadel is taken, I
presume they will not make the attempt.
I am informed on the best authority that the

12 Dutch gunboats, which were near the
citadel, were this morning all destroyed by fire.
Whether this was done by the Dutch themselves,
or by accident, has not yet transpired ; but of
the fact, I am assured there is no doubt.
The people here are delighted at the prospect
of a termination of all hostilities.

The following extracts from the bulletin ex-
traordinary, published by the Independant this
morning, and from the fourth edition of the
Liberal, are confirmatory of the above.
The following supplement was published this
morning, and distributed to the subscribers of
the Independant.

Dzczatazz '24.
CHASSE and his GARRISON PRISONERS of WAR.
BERCHENI, Dzc. 23, 11 O'CLOCK AT NIGHT.
Colonel Auvray, who was sent to the citadel
with Marshal Gerard's proposals, returned at
half-past 10.
General Chasse accepts the conditions of the
Marshal, who gave him the alternative, to leave
the citadel with all the honours of war, on giving
up Forts Lillo and Liefskenshoek, or become
prisoner of war, with his garrison. Chasse ac-
cepted the latter, not having power to render the
forts alluded to, over which he had no control.
The 61st Regiment are expected at the Nur-
sery-ground, to take possession of the ports of
the citadel.

HALF•?AST 11 AT NIGHT•

A fire is visible on the other side of the
Scheldt, and there is a cannonading in that di-
rection. We learn that the fire of the fleet this
morning was occasioned by a sortie made by the
enemy from Fort Lief kenshoek. The Dutch
wishing to take possession of a French port, the
gun-boats fired to protect the sortie, but they
were repulsed and forced to retire.
It is stated tbat the Dutch fleet have come op
the river nearly as high as Fort du Nord.*
Every moment we expect fresh news from that
quarter.
(From the Fourth Edition of the Liberal of last night,
published again this morning.)
ANTWERP, DEC. 23, HALF-PAST 4 o'cLocic.
A Dutch fleet is trying to come up the
Scheldt, under the cross-fire of the French in
the the
Forts La Croix, St. Mary, and Perle re
sistance is most determined.
THREE-QUARTERS PAST 8 AT NIGHT (23de)
The negotiations are continued, not for the
capitulation of the citadel, for that is settled,
but for those on the right bank of the Scheldt,
over which Chasse pretends to exercise nci
control.
During the parlance, at a little after one this
afternoon, the Marshal learned that the works of
the interior of the citadel were going on, and du
the same time he was apprised that a violent
of Generals Achard and Sebastiani and the
gagement had commenced between the division
enemy's fleet, who were endeavouring to fereei
their way up the river to support Chasse. qie
the instant a message was sent direct into ',lir
garrison to General Chasse, without waiting !'s
the forms of a flag of truce, and over the ruin
of a fortress, which put an end to these dem,,e, ll";
strations, which were far from being pacific• i
fire still continues on both sides of the river.
tut
1 have just learned the official news of
,tnut
capitulation. They are almost incredible, I)
they are, nevertheless, true.
This night, at 9 o'clock, a French
will take possession of the citadel. battali°_l,l
at noon, the garrison will be prisoners ef `(I
the afternoon France ! generous and
and will defile in front of the esplanade ; .vs
glorlo_ll
France ! will give up this formidable citadehdy...,
which the eyes of all Europe have been fixei„v
to whom ?—to the Belgian army, who will s -
there to.morrow.

SURRENDER OF THE CITADEL.
(Official account.—From the Moniteur Beige.)
ANTWERP, DEC. 23, 2 o'cLocg,to
The battery in breach continued to fire 0" ) ~.
o'clock this morning, when the shot had ca
node
pletely destroyed the counter forts, and
the breach practicable. that
The loss of yesterday was much less than
of the previous evening. The bombs thr°,,,ll
against us with small charges came with Ovsi
less force and swiftness, and could be °ite
avoided. The battery of the right flank of as
bastion No. 1, which had ceased its fire tosgsrb,.
the close of the day, recommenced in the nig
* The Fort du Nord is ;within an English mile of t
e
citadel.

of all the batteries, which had been
at 7 o'clock in the evening, began
about 11, and was continued with great

French continued to sap the counterscarp
extremities of the two descents to the

'4l every thing was prepared for throwing
itseines to make a way to the breach,
4t 9 o'clock this morning, two superior
the citadel, the bearers of authority
ieneral Chasse, presented themselves to the
posts of the esplanade, and demanded
'lnducted to head. quarters.
fire of the besieged and the besiegers
at half-past 10, and the two officers re-
p to the present in conference with Mar-
trard.
parapet of the citadel is covered with the
and soldiers of the garrison, who seem
joiced at coming to the conclusion of
efenee. It has been agreed upon, that
r the worka shall be repaired at either side
g the negotiations for the capitulation.

4 O'CLOCK.
kide-de-camp of Marshal Gerard has been
the citadel, and received by General
to whom he delivered his message.

citadel is a heap of ruins. Its defenders
!Fatigued and discouraged.
Union says, that the two officers from
del demanded, in the name of the Coin-
‘9t, that the garrison should be allowed the
its of war, retain the forts of the Scheldt,
,liver up to Holland all the materiel ap-
,ing to the citadel. The Marshal refused
luscribe to such conditions: on the con-
insisteo, uhat ne
9 be put in possession of the forts on both
q* the river.

i9JSSELS, MONDAY, HALT-PAST 5 O'CLOCK, P.M.
L!erything here wears a joyful and happy
except the faces of the Orangeists, which
I,long and as dull as some of the columns
g!ir own journals. The certainty that the
13 at an end, as far as the citadel is con-
-1,--the certainty also, that that citadel is
and not in French hands, have given

of confidence and satisfaction to the true
of Belgian independence, the supporters
Government of King Leopold,—while the
falsification of all their predictions, vaunted
and at London, of French defeat, and

h dishonour, and Belgian humiliation, and
be ascendancy, &c. &c., have given to the
tenances an air of extreme dejection, and
(have of dspair ; but not quite despair, for
still the forts of Lillo and Liefken-
"` and the polders of the Dutch fleet to hope
and, no doubt, we shall have the most
of them here and elsewhere. Many per-
there to-day have laughed heartily at the
That
exultation of one of the London papers,
it termed the defeat of the French in
I°'se of the demilune. What will it say now ?
QUARTER FAST 6.
',he second edition of the Independant, just
Aed, has the following ;--." Marshal Ge
and General Chasse have each sent one of
Nl:litters to the Hague. Until their return
‘.lutch remain prisoners of war. The forts
prised in the capitulation are Burght, Tete
I,!ndres, Austruwel, and Zwyndrecht.
LI he garrison will leave Antwerp by land or
at the choice of Chasse. They will
1 in one column. The fleet fired yester-
la fusilade followed, and soon after some of
Shallops successively took fire. The twelve
ilboats before the citadel were soon a prey to
°les. What became of their crews is un-
,..

The capitulation was signed at 9 last night.
French troops, under the command of
he Castellane, immediately took possession
'e Citadel."

Was to have been given up to the Belgians
day. W.

(From the Morning Herald.)
BERCHEM, HEAD-QUARTERS, '7 O'CLOCK,
MONDAY MORNING, DEC. 24.
11 the course of the night the gun-boats in
Polders, and before the citadel, attempted to
send the Scheldt. The batteries on the quay
aptly fired on them, and only one of them
'enabled to lle polders make its escape. They returned
, and are now on fire.

ANTWERP, DEC. 24, HALF-PAST 11
IN THE MORNING.
he 12 gun-boats are all destroyed by fire,
‘l4rlk. The steam-boat Le Chasse is among
t}l'utriber.
is said that Commander Koopman, rather
," Permit the gun-boats to fall into the hands
.the enemy, came to the resolution of blowing
u •
Th P.
e garrison of the citadel will remain three
in the citadel, waiting the return of a cou-
;t
sent by Marshal Gerard to the Hague.

A BRUSSELS, MONDAY EVENING, Dec. 24.
,;111 the world is at Antwerp, and the cafes

saloons are deserted.

You can form no

1`4,0f the sympathy of the Belgians for the fate
,Itee brave Chasse ; there is a sort of general
i,llrning in each family, and every person you
*et bears the stamp of having experienced
~
great misfortune. The Belgians have al-
.)s Considered the struggle at Antwerp as be-
,'4 the Dutch and the French, and with the
1
J°rity of the nation the former is the greater
The French Marshal will not be
Pleased with the demonstrations in favour of
ril're honoured, though more unfortunate,
The f,ll e French are again at their tricks and ma-
t i°tes; they intend sending back a regiment
niantry which was on its route to Antwerp,
4:1 earnest of their wishes to quit the country.
14'1 a French diplomatist shows any thing like
-r°l-1r he is most to be dreaded.
he Rothschild Loan rose 4 per cent. in con-
'r'ence of the fall of the citadel.
he Phare, an Antwerp Ministerial journal,
that the French opened their fires against
itadel on the Fete of St. Barbe, the patron
,he artillery ; and that the citadel capitulated
brie 23d, the Feast of St. Victoire, the patron
i'rance*
/)lie King left this morning, at 1 o'clock, for
pne deplorable condition in which Major de
Qti ,Itaine found the citadel, beggars all de-
)eiriOn. Not a house was left which could
5i the the garrison ; their ammunition and pro-
) 18 Were either destroyed, burnt, and blown
,
yalid only sufficient food was left for one
igel'ations. The casemate, or vaulted pas-
vl, were all knocked clown ; and Chasse bim•
.14„ 48 seated in a vault at a table, with every
6, --
Ile ground him destroyed by the bombs.
To garrison bore their misfortunes with great
iphe,rY and devotedness, and, until Friday
In not a murmur escaped their lips_
Nitethat night a deputation of the garrison
e,(l on Chasse, an urged him to make a
rerate sortie; and edither to succeed in spik.

mg the guns of the besiegers, or fall in
the attempt. They complained that the fire
of the enemy prevented them from stand-
ing to their guns, and that they preferred
risking their lives on the field of battle to being
murdered by bombs coming from an enemy away
from their sight, and against whom they could
take no sure aim. Chasse felt all the force
of this remonstrance—termed a mutiny by
the French and Belgians—and from that mo-
ment he seriously thought of a capitulation. To
attempt a sortie he knew was worse than mad-
ness—to continue to depend on the citadel in
its present dilapidated state was impossible—
and, having proved to the world the bravery of
his men, and satisfied the honour of his coun-
try, he considered it no degradation to succumb
to superior force.
The first interview the French parlementary
had with Chasse, he was introduced with his
eyes covered. The veteran, the instant he saw
him, ordered the bandage to be removed. " We
have no more secrets," said he " admire the
glorious works of your bombs—tell Marshal
Gerard the exact situation of the citadel."

HAMBURGH AND RBUSSELS PAPERS.

COPENHAGEN, DEC. 15.—Baron Adolphus Von Blane,
nephew of our Ambassador in Russia, is appointed Danish
Ambassador in London.
M. Lindburg, having been sentenced to a fine of 200
dollars and all the costs, has appealed to the Supreme
Court, whose decision will be the more important, as it is
the first time for many years that it has bad to decide on
a religious question. It is affirmed that all the advocates
have refused to plead his cause, and as he will not use his
right to deman'l A emit-m.. 1 ex officio, he will plead his
cause hiuiself. It is also said, that in case Lindburg
should be acquitted, and the preacher whom he has ac-
cused of heresy be obliged to lay down the office which
he fills with so much ability and seal, several distinguished
theological students, whose pecuniary circumstances do
not allow them to consult only their inclination in the
choice of a profession, have resolved to choose another
profession, as they would not be able to enter as teachers
into a Church where their conscience and conviction
would be under restraint.
All the preachers in the capital have presented to the
King, through the Bishop, a petition for the revisal of
our Church ritual.
EXCHANGES ON LONDON.

HAMBURG, DEC. 21.-13 11% ; two months, 13 10.
STOCKHOLM, Dec. 11.—Ninety days, 14 2.
ST. PECERSBURGH, Dec. 7.—Three months, 10 7.16.
BERLIN, DEC. 18.—Three months, 6 29.
-Hamburg Papers, Dec. 21.
(The Prussian State Gazettes of Dec.lB, 19, and 20,
contain no political news, except from foreign journals.)
HAMBURG, DEC. 21 .-...-BORSEN HALLE, HALF-PAST
Two O'CLOCK. —The supply of Wheat being tolerably
large, sales could only be effected at reduced prices.
Rix-dollars.
Wheat, Anhalt, white
---- red 95 to 100
Marks 92 to 96
Mecklenburg
Holstein
---- Lower Elbe 7O to 80

Funds were firm to-day, Spanish 3 per Cents. con.
tinue in demand ; at 301 there were sellers, and at 30i
buyers. Discount 21 per cent.
End of Dec.
Anglo-Danish Loan, 3 per cent. 66%
Anglo-Russian Loan 954

_
Hamburg ditto B6
Russian Inscription, 5 per cent. 85%
Polish Bonds IRN
Prussian Bonds, 1832
Austrian Bank Shares 1102
Austrian Metalliques
New Austrian 4 per cent.
Spanish 3 per cent.
...

lia;nburg Reporter.
ANTWERP, DEC. 21.—General Desprez has just or-
dered Lieutenants Bourgeois and Kerens of the engineers,
to proceed immediately to Venloo, to direct the works
which are still necessary to complete the defence of that
fortress.
BRUSSELS, DEc. 22.—The King arrived from An-
twerp yesterday evening at six o'clock. The division of
heavy cavalry of the French army under General Gentil
St. Alphonso, which was castoned at Grammont, is
going to return to France. It begins its march to-day.
It is ordered to Maubeuge. A convoy of ammunition,
which was on its way from Lille to Antwerp, has been
ordered to turn back.
BRUSSELS, DEC. 23.—The Court of Appeal at Brussels,
has condemned the treasury to pay 12,000 francs damages,
to M. Feuillet Dumus, on account of the loss he sustained
by the Ministerial resolution which took from him the
printing of the Moniteur Belge.
A quantity of powder that had arrived at Valenciennes
on its way to Belgium, was ordered back, like that sent
from Lille the same day. It seems that by a new arrange-
ment, Belgium is to supply the besieging army with am-
munition.—Brussels Papers, Dec. 24.