The Sun.
London, England, 1844-11-09 00:00:00

Atilt •

LONDON, SATURDAY, NOVEMBER 9, 1844.

The following insidious paragraph appears in the
Herald of this day :—" We do not recollect a case
during the career of the Anti-Corn-law League
where their orators singled out and brought promi-
nently forward any branch of manufacturing industry
where the labourers are inadequately paid, although
they have luxuriated with great apparent gusto in
exposing the distress and destitution of the labourers
in agriculture. We have no desire to place the dis-
tress and destitution of one class of the community
against another, in the shape of a palliative, but the
conduct of the League in this respect cannot fail to
have made an impression upon all reflecting minds,
that they have often dealt unfairly with the question,
by travelling far abroad in search of a foil,
when they might easily have found as effec-
tive ones nearer home." Passing the lax and
somewhat ambiguous phraseology of this passage,
we have to object to it, that it is utterly
at variance with fact. It is not merely a simple
perversion or misapprehension of truth, but a down
right violation of it. So far from the League having
ever artfully kept in the back-ground, or boldly
denied, the "distress and destitution" of the opera-
tives in certain branches of " manufacturing in-
dustry," it has strenuously insisted on their sufferings,
and urged them as one of the principal reasons why
the Corn-law which presses so hard upon com-
mercial activity and enterprise, should be wholly re-
pealed. Mr. COBDEN has repeatedly alluded to this
subject both within and without the walls of Parlia-
ment, and proved by incontrovertible facts that in
advocating a total repeal of this oppressive impost, he
has been consulting the interests of the workmen
quite as much, perhaps even more so, than those
of the master-manufacturers. His argument has in-
variably been—erase the Corn laws from the statute-
book, give full and free play to the operations
of commerce, strike off the manacles that now en-
cumber her limbs, and you at once enable
the
ployers to do greater justice to the employed inetrahe-
manufacturing districts; you multiply the resources
of industry to an extent which no one can calculate •
you cheapen the poor man's provisions, while at the

'same time you increase his means of procuring them,
and bring comfort and competence to dwellings
where, for years past, nought has been heard
but the wail of poverty and &Tait% It ift fibt lid it
question of class-interests that the League has ever
advocated the abolition of the Corn-laws, but as one
involving the interests of the whole community. It
has not taken up its position on the narrow basis of
Self, but on the broad vantage-ground of Humanity.
It has had an eye to the poor operative's necessities
quite as much as to the wealthy manufacturer's luxu-
ries; has shown that the interests of both are the same;
that the one cannot thrive without the other thriving
in proportion, and that the one cannot suffer without
the other suffering also. Could we bring ourselves for
an instant to believe that the Corn-laws were nothing
more than a mere capitalist's question, and that the
rich manufacturer only would reap the benefit of
their repeal, assuredly we should not be such zealous
supporters of the League as we have been from the
period of its first establishment; but it is because we
are conscientiously of opinion that the question is a
national one, and that not one, but all classes, the
poorer more especially, will benefit by the total aboli-
tion of a grinding impost—it is for this reason that
we are inveterately opposed to the Corn-laws, and
friendly to the agitation of the League. In a word,
we regard free-trade, and the abolition of all mono-
polies, as one of the wisest, safest, and most compre-
hensive schemes that have yet been devised for
increasing the worldly comforts of the poor,
for raising them in the social- scale, and re-
uniting them to those classes from whom they have
been too long alienated by distrust, jealousy, and a
keen sense of hopeless wretchedness. We do not
throw out these remarks as Political Economists—
who seem to us to regard class-interests rather than
the interests of the masses, and are too often callous
and crochety in their views—but rather as men who,
wedded to no particular theories, however plausible
they may appear, would adopt the most obvious and
common sense means that may present themselves,
for improving the condition of the poor generally
throughout the country. " Young England" is just
now turning its attention in an enlightened spirit to
this important matter, therefore, despite its occasional
eccentricities, we are favourably disposed towards
" Young England ;" the League is advocating with
equal ardour the cause of the poor and the oppressed,
therefore, we are cordial approvers of the League's
policy also, and entertain a firm conviction that its
efforts at no distant period will be crowned with
complete success.

We cannot better resume the considerations sug-
gested by the very important Report of the Select
Committee on British Shipping, to which we have so
earnestly invited the attention of our readers, than
by following out the more prominent topics that pre-
sent themselves, in connexion with this subject, in
somewhat the same order as that adopted by the Com-
mittee in digesting the evidence taken before them.
It will be, therefore, proper to consider, in the first
place, the assumed depression of the British shipping
interest, in reference to, first, its general extent and
duration ; secondly, the depreciation which has so de-
cidedly taken place in the value of shipping; and, thirdly,
the probable causes of this depression. The depo-
sitions of the witnesses pursue these three heads of
inquiry over a wide range indeed; as, the Liverpool,
the coasting, coal, Baltic, American, Australian,
and China trades ; the several aspects, at present, of
the colonial shipping and foreign shipping interests;
the case of low-class British-built ships, as those of
Sunderland; their over-production, and the abuse of
ship mortgages. But besides these, there are the
wider but all-important general questions connected
with emigration, steam navigation, and the tariff of
1842, with its consequences and influences, very ably
handled in some portions of the evidence. We are
tempted, for our present purpose, briefly to establish
the fact of the depression of our shipping, and then
to consider how far the intelligent witnesses examined
by the Committee have succeeded or failed in tracing
such fact to the operation of the Navigation Laws,
and the practical state of our relations with Foreign
Powers under existing Reciprocity Treaties.
It may be proper, however, to premise, that we re-
serve for separate discussion, at a future opportunity,
the important cause of depreciation identified by Mr.
GEORGE FREDERICK YOUNG—and in our opinion
but too successfully—with the gradual decrease of
emigration from this country to our American settle-
ments, and its almost total extinction to New Zea-
land and Australia, under the impolitic discourage-
ment of a system, commenced, it must be owned,
under the late Government, and persisted in with a
degree of suicidal infatuation and mischief—by the
present. It seems to be a strange anomaly, in what
may be called (in a large sense) the " domestic ad-
ministration" of an empire so densely peopled as ours
is—that neither the claims of its redundant labour,
nor the useful capabilities of its redundant enterprise,
nor the reclamation of its redundant colonial lands,
nor the development or the safe and certain channels
of agricultural investment " beyond the seas" of its
redundant capital, nor the permanent and profitable
employment of its redundant shipping, nor the eligible
removal and settlement of its redundant unemployed
labour—that none of these claims (reciprocally acting
as they do, the one upon the other, for good or for
evil, and all of them, in their aggregate bearing, on
the very existence, not merely the prosperity of this
country as an independent Power)—should, hitherto,
have failed to impress the Ministers and statesmen of
Great Britain with an adequate sense of the advan-
tage they might command from favouring a grand,
sustained, and comprehensive system of emigration to
our colonies and settlements in all parts of the world.

The general facts of the depression of our shipping
interest, both as to ownership and trading, is evidenced
by those features in its condition to which we ad-
verted in a former article. Messrs. G. F. YOUNG,
SOMES, SMALES, TANNER, SMITH, and HULL (au-
thorities specially entitled to respect), showed that for
many years past the depression has been progressive,
perhaps more so as regards the north of England dis-
trict than the other parts of the kingdom ; but whilst
some of these gentlemen persuade themselves that its
lowest point has been already passed, others are of
opinion that this extreme has not yet been reached.
It has been shown by some of these witnesses, on the
authority of carefully prepared and diligently con-
sulted documents, that within five years the decline of
marketable value of mercantile shipping has ranged
from 25 to 50 per cent.—within the last five years
from 33 to 50 per cent. Freights, in most instances,
have run down in a similar proportion. Mr. BRODIE
WILLCOX (a very intelligent witness), the Managing
Director of the Peninsular and Oriental Steam Navi-
gation Company, speaks to the " very deplorable
condition of our shipping" on " the result of his own
voyages ;" and further, he should say that freights
have declined at least one-half within the
last three years. For our own parts, we are
reluctantly disposed to concur with this experienced
gentleman in looking for the more immediate cause
of this enormous depression, to the general depression
of the commerce of the world, and especially to the
,njury which the character of British shipping has
sustained in foreign ports by the building of low-
class ships in our North American possessions, and
at Sunderland, in this country. Mr. G. F. YOUNG,
however, who must be always heard with de-
ference on any points connected with a business
in which he is at once one of the largest owners,
the most experienced traders, and the most scien-
tific and successful builders, expresses an em-
phatic opinion that the changes effected in our
Navigation Laws from 1822 to 1824 have been the
main cause of this depression. He goes boldly and
at once to the advocacy of the principle of protection
in this case ; for, while he admits that the consumer
would derive some little benefit from the removal of
ill protection from our shipping, he stoutly contends
that its maintenance under the existing forms and li-
mitations is absolutely essential to the safety of this
country. In support of these views he adduced
before the Committee some very remarkable data,
undoubtedly, to show that wherever British
shipping is without protection in any trade,
the average of British shipping employed in
t has been in a less ratio than that of
British tonnage. With great submission, we
should argue that this result may be attributable to
many other causes ; some of a local, some of a poli-
tical, some of a mere technical character. Mr. AN-
DERSON supports the opinion of Mr. YOUNG, for he
deposes that, under the old system of Navigation
Laws, British shipping was continually progress-
mg; and that, since the change in them, it has
Bradually fallen into its present state of depression. i
ut then the judgment of Mr. STRAKER,

a shipowner and builder at South Shields,
and of Mr. S. HULL, a shipowner and
broker of London, regerds the operation of the
if Oigatioh A a having been ectitmeik prejudicial
to British shipping; that though decidedly a o°o6-
tion in time of war, the Navigation Laws, with a view
to the interests of commerce, should now be departed
from. On the other hand, Mr. Somas (probably the
most extensive individual shipowner in Europe, own-
ing no less than 23,100 tons, his own private pro-
perty) considers that the alteration of the Navigation
Laws in 1824 " was the first great blow which was
struck at the shipping interest of Great Britain."
Surely, if any reason were wanting for an appeal
to the mercantile interest of this country to urge
upon the attention of the Legislature, at the earliest
opportunity after the re-assembling of Parliament,
the paramount duty of investigating further the
causes of the decline of this noble interest, such a
conflict of opinions between very able and influential
members of that interest should prompt them to the
most careful and assiduous discharge of so high
a duty. •
The length to which we have already extended this
article obliges us to postpone the examination of the
effect of Reciprocity Treaties to a future opportunity.

We have received Madrid journals of the Ist.
They are chiefly occupied with the PRIM conspiracy,
the investigation of the charges, and the indictment
drawn up by the Procurator-Fiscal. We have given
them under a separate head. On the Ist the discus
sion in the Chamber of Deputies on the address was
resumed, but it excited no interest. Later intelli-
gence announces that, on the 2d the fourth para-
graph was adopted by a large majority. The Minis.
terial scheme is therefore certain of success; and
report states that NARVAEZ and Co., finding them-
themselves so strong, are determined to make another
inroad on the Constitution, by proposing the follow-
ing paragraph for adoption :—" It will be lawful for
the Government, in circumstances of a grave nature,
to suspend the constitutional guarantees, but they
shall be required to give an account to the ensuing
Cortes, of their having exercised this discretionary
power."

The Bourse was closed on the Ist, that day being
the Festival of All Saints.

The French are at last beginning to see the fatal

effects of their isolated commercial system. The
Constitutionnel, which is not devoid of nationality,
admits that the exports and imports for 1844 will be

about the same as those of 1843, but considerably
lower than in 1841; that any increase which has
taken place may be chiefly attributed to the stores
sent to the army in Africa, and that the present state
of French commercial industry forms a contrast to
that of almost every other nation. " The Adminis-
tration of Customs," it says, " has just published a
table of the commerce of France with her colonies
and foreign countries, during the year 1843. The
imports and exports together amount to 2,179 millions
of francs, a sum greater by 100 millions than that of
1842, but lower by eight millions than that of 1841.
Iler foreign commerce has, therefore, remained
stationary for several years, for it is already
known that the results of 1844 will be nearly

TEE BOURSE--Tnußsnex, Nov. 7.

similar to those of 1843. The imports amount to
1,187 millions, and the exports to 99 millions.
But these figures include, at the same time, the
comings in and goings out, the transit and the move-
ment of the entrepots. The imports, that is the foreign
goods that have entered into the internal consumption
of the kingdom, do not amount in reality to more
than 846 millions, and the exports of the produce of
the soil and of the manufactures of France to 687
millions only. The second of these sums 'is lower
than that of 1840. Thus, for three years our exports
have fallen off, that is, the markets for the produce
of our soil and manufactures have been reduced. To
fairly appreciate the situation of our foreign com-
merce, the value of the special commerce, that is of
foreign produce consumed amongst us, and the ex-
ported articles coming from French production, must
be separated from the general movement of foreign
commerce. It is then found that foreign Powers
have taken from our territory and our entrepots 341
millions in imports, and 305 millions in exports.
This amount applies to foreign produce which has
only touched or crossed our territory, and which
consequently interests but very indirectly our com-
mercial movement with foreign Powers. Thus,
the pretended progress pointed out in the analytical
summing up of the official document, not only falls
to nothing, but it appears that our manufactures have
for some years found less demand in foreign mar-
kets than in 1840. The progress that has been
made is entirely in favour of foreigners, who cause a
great mass of goods to pass through us, and who
take from our entrepots in a greater degree for the
commerce which interests them. Now, if it be borne
in mind that the estimates are made in 1840 with
official figures which were made up in 1843, it will
be easily conceived that the present estimates are far
too high, inasmuch as the price of all goods, and par-
ticularly of those which are the object of our exports,
has considerably fallen ; and it will be found that, in
order to arrive at the exact expression of the com-
mercial movement, the official figures must be lowered
10 or 15 per cent. This amount, so rectified, reduces
our exports during the year 1843 to about 600
millions. We ought to point out another circum-
stance. In 1838 our exports for Algeria were only
18 millions ; they amount in 1843 to 41 millions.
What is the nature of these exports ? They consist
principally of articles destined for our army ; they are
not compensated for by any return, and they ,ought
not in good logic to appear in the amount of foreign
commerce. If, in place of having 80,000 men in Al-
geria, we were to send there 200,000, the commerce
with the colony would be more than doubled ; but
would that show an increase in foreign commerce ?
Not the least in the world. The consumers would
merely have been :displaced, and the produce which
they would have consumed in the colony would figure

no longer in the amount of the home consumption.
Such is our position, and yet the foreign commerce of
all nations has of late years assumed a new actin'
" This is the result of an interval of seven years. We
have to complain that we never see in France those
eemmittees of inquiry which periodically enlighten
British merchants as to their interests. Still we have
a Minister of Commerce, and at the foreign affairs a
Director of Foreign Commerce! But neither M.
CUNIN GRIDAINE nor M. GUIZOT has yet thought of
imitating the Board of Trade in London."
The following is the history of the PRIM con-
spiracy, as given in Queen CHRISTINA'S paper, the
Presse. We leave our readers to estimate its value :

" The Spanish Government is increasing in vigilance,
inasmuch as it has received positive proof that neither
the executions of Barcelona nor those which are immi-
nent at Madrid, have terrified or discouraged the con-
spirators. We have received some information on the
subject, of which we guarantee the accuracy. It appears
that some of the most distinguished men amongst the
Progresista party, and who assisted in the movemeat
which overthrew Espartero, assembled at Paris some
time since to concert a plan of insurrection, and
to agree as to the means of securing its success.
After much labour they succeeded in perspective
beyond their expectations. Their friends in Spain were
devoted to them, and only waited the signal. The most
difficult to gain over were the Catalonian patriots, who
retain a violent hatred of Espartero in consequence of his
connexion with England, now more intimate than ever,
and which threatens their manufactures. One of the
most wealthy manufacturers of Barcelona, who took a
principal part in the affairs of 1840, became the inter-
preter of their feelings. As it was of the utmost import-
ance to gain over this manufacturer, as well on account
of his influence as on account of the money which he
might be induced to contribute, a formal declaration was
promised him, by which Espartero engaged not to make
any commercial concession to England. This was pro-
cured from London, and this manufacturer advanced
150,000 reels—about 39,100 f. The Committee, composed
of the political personages already mentioned, distributed
that money, and more which was received from London.
Spain was divided into five sections, and each of the per-
sons present took one. The points designed were Ma-
drid, Barcelona, Saragossa, Valencia, and Pampeluna.
The day fixed for the commencement of the insurrection
was the 10th of October, the opening of the Cortes. A dif-
ference of opinion, however, arose on this subject, the less
violent being of opinion that the coincidence of the in-
surrection with the Queen's anniversary might create an
opinion that an attempt on royalty was contemplated.
In reply to this objection, it was observed, that it was no
longer possible to restrain the patriots of Madrid, of
Barcelona, and of Saragossa, and that there was no time
to be lost. Orders were, in consequence, issued to com-
mence. The best news arrived from Madrid. A letter
was shown to those who hesitated from M. C , a p -

litician of the greatest capacity and a most brilliant pub-
lic writer, who would be the most dangerous revolu
tionist in Spain did his courage equal the boldness of his
opinions. . . . Under the same envelope was re-
ceived a short note from General S---,*who declared that
his sole desire was to prove his sincere repentance for
his conduct last year. Every one knows in what man-
ner the events respoildo to such warm expectations. At
.•

THE SUN, LOND_ON, __SATURDAY EV

I*. r
present the conspirators, in their disabfoltmtlnti,n,ccuse
every one. Prim was an unsteady character, who gl.
lowed himself to be carried away by his ill-humour and
his desire to finish the affair, and trusted himself to
vdetehesnnworthy of him confidence. C- is a man
deirold og 6otikagei ttcept In his study. Colonel G-
is a madiiiiii; ithti. will mot heaf of any feeongiliation
with the men wholfigured lii thil last ptongneiamietzta,
and without whose aid success was impossible. General
S-- assumes the air of Fabius Cunctator, who is wait-
ing the course of events, and he is particularly blamed."
The Moniteur publishes a royal ordonnance for the
new organisation of the Ministry of War, in virtue of
the law of July 24, 1843, on the Budget. The prin-
cipal change consists in a special oapnisation of the
department relative to military plans and statistics.
The salary of the Director- General of this department
is fixed at 20,000 f. a year; the sub-chiefs.are each to
receive 4,000 f.; the chief clerks, draftsmen, and en-
gravers, 3,500 f. each; the other employs in the same
duties are divided into six classes, with salaries of
3,000 f., down to 1,500 f. per annum. It also
publishes another royal ordonnance, which directs
various measures for the improvement of the con-
dition of the seamen of the royal navy. Hitherto
they had been entitled to an increase on their half-
pay only on completing their 65th year. By the
new ordonnance they are to enjoy "the supplementary
allowance of old age" at sixty, and which allowance
is rated at from 6f. to 91. per month, according to the
pay they received while in the service. This ordon-
nance is moreover to have a retrospective effect as re-
gards those born between the Ist of January, 1780,
and 31st of December, 1783, and a yearly sum of
150,000 f. is to be appropriated to that object. Ship
carpenters, caulkers, sailmakers. and engineers, in-
scribed on the registry of the navy, will in future be
entitled to the same pensions on retirement for old
service and wounds as the operatives and engineers
embarked on board the fleet, and the benefit of the
new dispositions will also be applied to their widows
and orphans.

First Highest Lowest Last

Price. Price. Price. Price.
French Five per C3nts•• •• .• 119 35 .. 119 50 .. 119 35 •• 119 40
Foura..•••••••••••• 106 75 106 75 .. 106 75 .. 106 75
Three per Cents..... 52 40' .. 82 50 .. 82 40 .. 83 40
Bank of France 3075 •.3075 .•3075 ..3075
lailitte Bank, I,ooof. Shareslll2 50 —lll2 50 ..1112 50 ••1112 50
5,000 f. Sharesso4s —5045 —5045 —5045
Belgian Bank.... 650 .. 650 .. 650 .. 6.50
Belgian Fives,lß3l
1840 .• •• 1031 .. 1031 •• 1031 .. 1031
1842 . .. 1051 .. 1051 .. 1051
Two-and-a-Half.... 61 80 .. 61 90 • . 61 80 .• 61 90
qpanish Three 5........
Active
Passive 5l .. 51 ..
Portuguese Five per Centa-• 541 .. 55 .. 541 .. 55
veapolitan•• •• ......... 99 50 .. 50 .. 99 30 99 30
Komar, ea div.... lO3l •• 1031 .. 1031 .. 1031

RAILWAY SHARES.
St. Germain
Versailles, R. 8......... 402 50 .• 405 .. 402 50 .. 405
290 .. 290 .- 290 .. 290
Rouen, ex div.............. 1015 • 1017 50 —lOl5 —lOl7 50
Rouen to Havre. •.•
Orleans •• .
Strasburg to 8a1e.......•.. 280 .• 280 .. 278 75 . 278 75
Avignon to Marseilles— •• 836 23 • 837 50 836 25 .. 836 25

RAILWAYS FOR THE ACCOUNT, ,ov. 15.
St. Germain .. •... ........ 931 25 .. 931 25 .. 931 25 .. 931 25
Versailles, ............40• 405 .. 495 .. 405 .. 405
L. 8.•• •• •• 290 .. 290 .. 290 .. 290
R0uen...... ..............1015 ..1015 ..1013 75 ..1013 75
Rouen to Havre.
Orleans
Strasburg to 8a1e....
Avignon to Marseilles.. •• 835 .. 840 .. 832 50 .. 840

THIS DAY'S NEWS

CHANCERY.—(THIS DAY.)
The LORD-CHANCELLOR sat at Westminster to-day,
shortly after ten o'clock.

ROOSE V. JONES.—JUDGMENT.
The LORD-CHANCELLOR gave judgment to-day in
this case, which was an appeal from the decision of the
Vice• Chancellor of England. A person of the name of
Owen Williams, whose representative the plaintiff was,
brought an action against Jones, for the purplse of
obtaining possession of certain property in Wales. An
application was made to the Vice-Chancellor of
England for an injunction to restrain the proceedings
in that action ; but his Honour refused it, on
the ground of the lateness of the application. From
that decision the parties appealed to the Lord Chan-
cellor, and that appeal was argued some time since, and
the Court now gave judgment. His Lordship was
clearly of opinion that the injunction ought to have been
granted to restrain the proceedings at law. The result
therefore of his Lordship's opinion was, that the order
of the Vice-Chancellor of England must be discharged,
and the trial having taken place, the defendant must be
restrained from proceeding further upon the verdict h•
had obtained.

a crew who had been wrecked on the Chinese coast, many
of Mimi were barbarously murdered, and that on that
odeticoii he had lost all that he possessed. It was very
difficult in eases of this kind to lay down any rule by
which the jury should be go-fettled but he thought the
safest rule was to take into consideration what the injury
of the young lady would be from losing the marrsage.
In a Pond of law it must be taken as a mere contract,
and theyfinist estimate the damages resulting from the
t'reiitit Of that contract,

Mr. NlTed PARKE said the defendant told Mrs. Evans
that he had property; and could settle 504 a year upon
the plaintiff. The condtte't of the latter was exceedingly
proper under the circumstances.
Mr. PLATT said there was one very extvsordinary part
of this case: Mrs. Evans, when informed of the intention
of the plaintiff, suggested to him the propriety of con-
sulting his relations. Nothing certainly could be more
proper ; because, if all the husband's relations were hos-
tile to the marriage, the wife could not expect to lead a
happy life. While they were at Southampton, the sister
•f the defendant was invited to come over. She did so;
and it was a most remarkable circumstance, that though
the sister dined at the table of defendant and Mrs. Evans
she was never introduced to this young lady. The na
tural inference from this was, that the union would have
been very unsatisfactory to the family. Otherwise why
should the defendant's intention have been kept from her?
Mr. Baron PARKE—He was two and thirty years of
age.
Mr. PLATT—Yes, my Lord, he was certainly old
enough to know better ; he had arrived at what are
called years of discretion.—(Laughter.)
Mr. Baron PARKE then referred to the evidence in
reference to the promise of the defendant as to the 50/.
a-year, and observed that the jury took him at his word.
Mr. PLATT—Yes, my Lord, but then the husband has
not the benefit of his 501. a year.—Rule refused.

BAIL COURT.—(THIS DAY.)
(Sittings in Banco, before Mr. Justice PATTESON.)

THE QUEEN V. MOON.

The SOLICITOR-GENERAL, in this case, moved for a
quo warranto, directed to Mr. Alderman Moon, calling
upon him to show cause by what authority he exercised
the office of alderman for the ward of Portsoken. The
present motion was founded on the affidavit of Mr. Sa-
lomons, which set forth his election for the ward of
Portsoken, and all the proceedings. which took place be-
fore the Court of Aldermen, by which his election was
declared void. The Learned Gentleman referred at
some length to the decision of the Court of Error, in
the former appeal made by Mr. Salomons, which decided
that the Court of Mayor and Aldermen may regulate
the order of proceedings as to the taking of the oath or
declaration first, yet, if they went to the extremity of
declaring the office void, they should do all they were re-
quired to do—that was to say, they should administer the
oath. They could only proceed to declare the election void
after the oath had been administered. He thought that
this circumstance alone would entitle him to a rule to
show cause. But he wished to call the attention of the
Court to the form of declaration, and would contend that
the declaration was an oath. The words were, "I do
solemnly and sincerely, in the presence of God, profess,
testify, and declare, upon the true faith of a Christian,
that I will never exercise," and so on. Now an oath,
whatever may be its form, was a solemn appeal to God,
calling upon him to witness what was said, and invoking
his vengeance if what was sworn was false. It was so
laid down in Mr. Philip's book, and in Grotius, who said
that an oath consists in re, non in verbis. The form of
words in this declaration was the very same as the oath
of abjuration, the 6th of Geo. 111., c. 53. There the
words, "So help me God," were not to be found. If he
satisfied the Court that the declaration in this case
was in form and substance an oath his case was complete,
for it was provided by a late statute—the Ist and 2d Vic.,
cap. 105—that where an oath is lawfully administered to
any person, as a juryman, witness, deponent, or upon
being sworn in to any office or employment, " such per-
son is bound by the oath administered, provided the same
shall be administered in such form and such ceremonies
as such person may declare to be binding." The Court
would observe that in the declaration in this case, the
words " On the true faith of a Christian" were no part
of the declaratory portion of the oath, but of the binding
portion—in fact of *le form which was required to give
the oath validity ; and here Mr. Salomons offered to
make the declaration, those words being omitted.
Mr. Justice PerrEsoN—Dols the affidavit state in
what form he would take the declaration ?
The SOLICITOR-GENERAL said he had no doubt the
offer was made. He proposed to make and sign the de-
claration contained in the 9th of Geo. IV. in such a form
as would be binding on his conscience, but being of the
Jewish persuasion he had conscientious scruples as to
the words " On the true faith of a Christian.

Mr. Justice PATTESON—Is there any case or in-
stance in which a person of the Jewish persuasion has
been allowed to make that assurance under the statute of
Geo. IV. ?

The SOLICITOR• GENERAL—Gentlemen of that per-
suasion had served in the office of sheriff, but there was
a particular statute passed with regard to the sheriffs of
counties,which relieved them from the necessity of taking
the oath in the particular form required by the statute,
but there was no such relief in the case of sheriffs of
boroughs.
Mr. Justice PA.rrEsost—That is rather against you ;
for it shows the necessity of an Act of Parliament to
afford relief.

The SOLICITOR-GENERAL—But the Act relating to the
sheriffs of counties was before the Ist and 2d Victoria.

Mr. Justice PATTEBON—Yes, but that is with regard
to oaths.

The SOLICITOR GENERAL was contending that the
declaration here was in form and substance an oath, and
was precisely in the words of the oath of abjuration.
Mr. Justice PATTESON said it was one thing to declare
on the faith of a Christian, and another thing to invoke
the same of the Almighty, and say, " So help me, God."
The SOLICITOR•GENERAL said, that the 9th of
George IV., was not an Act passed for the relief of
persons of tender consciences, but was intended as a
substitute for the Sacramental test, and was more im-
mediately intended for the relief of Romon Catholics.
But he rested his case on the Ist and 2d Victoria, as-
suming that this declaration was in substance and form
an oath.

Mr. Justice PATTESON said, that if a man wished to
be sworn without his coat and waistcoat, he would cer-
tainly not submit to it.
The SOLICITOR-GENERAL said, that of course extreme
cases of that kind must be left to the Judge.
Mr. Justice PATTESON asked for the Ist and 2d of
Victoria, and after looking at it for some time, said that
he did not know what it meant, any more than half of
the Acts of Parliament which were passed.—(Laughter.)
The SOLICITOR. GENII/LAI, said, that the question was,
whether the words, "On the true faith of a Christian,"
wero material or not, That point was not at all dis-
cussed in the former case ; because in that case it was
considered, that Mr. Salomons had declined to take the
declaration. Here he offered to take it, omitting the
words before-mentioned.
Mr. Justice PATTESON—If you take a rule to show
cause, you take it upon that ground more particularly,
yet I would not wish to limit any further argument you
might use, so far as it is competent for the Court to en-
tertain it ; but it i a difficult thing for us to say, after
the decision of the Court of Error, that they were not
bound by that decision.
The SOLICITOR-GENERAL only desired that the Court
should have a full knowledge of the case.
Mr. Justice PATTESON—The former case was not
taken before the House of Lords.

The SOLICITOR-GENERAL—A Bill was then pending
in Parliament, which prevented that case from being
taken there ; but if the present motion were granted,
and if it became necessary, they would take the present
case to the highest Court of appeal.
Mr. Justice PATTESON—I think the present case so
far different from the former as to entitle you to a rule
to show cause.—Rule granted accordingly.

CLERKENWELL.-(THIS DAY.)
Charles Arnold, a fashionably-dressed young man, was
charged with stealing a gold watch and chain, and with
being concerned in numerous other extensive robberies.
On Monday last the prisoner went to the house of
Mrs. Anna Maria Lucas, a lady of fortune residing in
Charlotte-street, Bloomsbury, and said he wanted to
take a fisrt- floor ; he was dressed as a midshipman. She
conducted him to the first-floor, and he asked for a sheet
of paper in order to draw up the contract. Mrs. Lucas
fetched it, and in her absence he pocketed the gold watch
and chain, with which he walked off.
Mr. GREENWOOD-IS it the same man ? Mrs. Lucas
—The features are the same, but not the dress.

Mr. GREENWOOD ordered him to open his great coat
which was buttoned to the throat.

The prisoner reluctantly did so, and disclosed to view
the full-dress suit of a naval officer.

Inspector Barton deposed that there was some plate,
and a vast number of duplicates found on the prisoner,
all referring to articles of great value, books, plate, and
jewellery, which had no doubt been acquired in the same
manner. He first gave the name of Charles Weldon,
because the plate found. on his person was initiated
" C. W."

A pawnbroker gave him into custody when attempting
to pawn the watch.
Mr. GREENWOOD said he would commit him for trial,
on this charge, but would remand him that further cases
might be brought against him.
The prisoner did not deny his guilt.