The Sun.
London, England, 1844-11-15 00:00:00

Great attraction every Evening—quiro Betty's Hounds meet This

E;ieniig, at
ASTLEY'S ROYAL AMPHITHEATRE OF ARTS.
Proprietor and Manager, Mr. W. BATTY.
TI-1.8 EVENING, NOVEMBER 15,

NNW be repeated a New Specticle, entitled THE ROYAL FOX
HUNT; or, The Race-l-for•e and Life's Course of Man and Steed;
introducing unequalled National Fete,. Rest Fox-chase on the Stage
and in the Circle by living Fo c and full Pack of Hounds, purchased
by Mr. Batty of Mr Tattersall, to realise this novel production.
Epsom Races and other Spotting Features.
New Scenes of the Circle, and unequalled Feats of Horsemanship,
. .

To conclude with a Favourite Alterpiece..

Acting aria stage-m mager„ Mr. W 1) isroadfoot.
Box-office open from Eleven till rive. Lessons in the Art of Riding
y Mr. It. Smith daily.

DAVIDOE'S ROYAL SURREY THEATRE

Increasing auccess of Dan Cresar de Bagan—First Week of another

New Drama.

THIS EVENING, NO VEMBERJS,

Will be performed a New Drama, enti'led DON C/ESAR DE
EAZ AN, supported by the entire Company.
After which, an entirely New Drama, THE SISTERS OF C HA-
TII.I.ON, in which Messrs. Hicks, Neville, R. Shephard, Vale,
Johnson, Heslop, Mrs. R. Honner, Miss Terrey, Mrs. H. Vining, &c.,
will perform.
To conclude with aNew Farce, entited A NIGHT OF HORRORS.
Characters by Messrs. Va e, Lewis, Johmon, Heslop, Mrs. Daly, Mies
Terrey, &c.
Places and Private Boxes to be had of Mr. Kerschner, at the Box
office, from Eleven to Four.

ROYAL VICTORIA THEATRE.
THIS EVENING, NOVEMBER 15,

Will be performed THE WANDERING JEW, in which Messrs.
Seaman, Dale, Higgie, and the Misses Harcourt will appear.
After which, PORK CHOPS, in which Messrs. G. Wild and
Herbert will perform.
To conclude with SIXTEEN-STRING JACK. J,.hn Rana, Mr.
T. H. ffiggie ; Kit Clayton, Mr. 0, Wild.
Private Family Boxes, £1 Is. Od. and XI lls. 6d.

TIIE WEATHER.—Sint OFFICE, Nov. 15.
THICRIKONNTER, Lowest, 48; Highest, 54; Noon, 54.
BAROMETER, 30.15.—Wurn, W.S. W.
Notes.—The number 32 on the Thermometer denotes the
freezing point, and 55 temperate. In Barometers fair is
usually placed opposite 30, and rain at 29.

From the commencement of the present century
the master difficulty experienced by the successive
Governments which have exercised office in that in-
terval—has been—how to deal with the Poor-law ?
the necessity which, from time to time, has been
felt to be so indispensable for amending its defective
machinery, or for simplifying the complexity of its
operation, or for controlling the enormous annual
lemand for poor-rates in the whole annual rental of
,he country—this necessity is been the impelling
motive of so many attempts at improving the Poor-
law, on the part both of Whigs and Tories. They
have encountered more continuous, exhausting, and
thankless labour in putting forth those attempts than
suer in the endeavour to govern Ireland or conciliate
their opponents to their scheme of foreign policy.
But the attempts themselves have proved but failures
more or less qualified by the advantageous working,
otherwise, of particular details. There has been,
'n all of them, a great defectiveness of system ; a
palpable want of unity in the action of their different
)arts; and a discrepancy of principle between the
test to qualify for the relief to be extended under
f`ln an article we published a few days since, on the such Acts, and the test for discriminating between
IZ eport of the Select Committee on British Ship the claims of the various classes its recipients. From
ping," we alluded to the " degree" of protection which this censure we can by no means exempt the 4th and
some of the witnesses conceive it to be both necessary sth WILLIAM IV., c. 76 ; and the fact of these de-
and politic to extend to that interest, and to the opi- ficiencies of system, and this discrepancy of princi-
nions entertained by others, of the inexpediency of pies, is strikingly corroborated by the Bill which
attempting to establish any such protection at all. Sir JAMES GRAHAM was reluctantly compelled, at
We shall hardly he considered to favour the principle the close of last session, to propound to the considera-
of protection, who have so uniformly advocated the tion of Parliament, for the virtual further amendment
establishment, to the fullest practicable extent, of free of the existing "Poor-law Amendment Act," just
trade in every department of commerce. Neverthe- cited, in no less essential a particular than the Law of
less, in order that we may not be misunderstood as to Settlement.
the tenour of our former observations, it may be ne- That Bill, our readers may remember, was merely
cessary to repeat the expression of our regret that the brought in and printed for distribution to Members.
British Government have not distinctly " protected" It will be discussed at an early day after the re-
British shipping, by acting on a system of retaliatory assembling of the two Houses. It purports to be a
policy towards the shipping of all States, which, hay- "Bill for Consolidating and Amending the Laws re-
ing entered into reprocity treaties with us, have lating to Parochial Settlements, and to the removal
dishonourably departed from the spirit of such of the Poor ;" and has already excited no little alarm
treaties, by exacting heavier tonnage and other duties and displeasure among very large and influential
on our merchant-vessels in their ports, than we, in communities of the kingdom, more especially the
conformity with these reciprocal stipulations, resident rate-payers in manufacturing towns and
levy on their merchantmen in our ports. To districts. This is not to be wondered at. The ahem-
this extent we are clearly of opinion that ab- tions it proposes to establish are described, in a
*tract principles should give way to practical exi- " Report" now before us, "of the Committee ap-
gencies, when circumstances have intervened to
pointed by the Town Council of Leicester to con-
destroy the equal relations between the contracting cider and report " upon the measure "of the
parties, on the assumption of which those principles most sweeping and. startling nature, and, moreover,
have been recognised and avowed by them. It seems of an ex post facto" character. "The Bill (the Com-
to be mere drivelling to go on, in the bona fide dis- inittee add) entirely abolishes all settlements of
charge of our own part of these contracts, towards every description acquired before the passing of the
States which have openly departed from, and still Act, unless the parties havi; been removed by or dens,
pertinaciously persist in violating theirs, towards us, or their settlement has been attained by
writing, On every principle of equity the contract has been under the hands of the majority of the overseers of
annulled and determined by their own act and deed. the parish; and it establishes as the only ground of
The notion of a one-sided reciprocity is a positive settlemest—first, that of birth ; and, if the place of
anomaly ; but to persist in it under an impression of birth cannot be ascertained, then, !secondly, that of
the necessity for doing so (even to the extending an the settlement of the father, as it would be, if living
absolute premium to the grasping bad faith of the after the passing of the Act; or, if the father be not
other parties to such agreements), in order that the settled in any parish in England, or if such parish
abstract principle of "no protection" may be vindi- cannot be ascertained, or-if the pauper were not
cated, is a mere puerile pedantry. But is the case born in wedlock, then the place of settlement is the
we have put of this systematic violation of reciprocity parish in which the mother would—if living after the
treaties an imaginary one ? Upon the question passing of the Act—be settled. It will, therefore, be
whether it be, or be not, depends the propriety or im- seen that, at one blow, all existing settlements, with
propriety 'of establishing, with regard to British the exception of that of birth, are swept away; and
shipping, and in respect of the circumstances which that this change applies not only to the future, but
our hypothesis assumes, an exception to the general I affects all settlements already acquired by any other
rule, " that protection, in any branch of commerce, is means ;than that of birth, or unappealed against
inexpedient."
orders of removal, or written acknowledgments."
Now, •
the evidence of Mr. STRAKER, a ship- I Now, to show how serious a question a sweeping
owner and ship-builder, of North Shields, we find 1 measure of this kind becomes—in connexion, espe-
t
fairlhe following importantissanswers to
ue questions, which y put this point incially, with the opinion of so intelligent a body as
By Mr. NvA"__can
the ysrippsiungo.gest any remedies for .1 that which has produced the Leicester Town Council
the improvement of
opinion of ?—Noevery great
pr-eomwendeyr this Bill , Report, that "it may be safely predicted that should
can suggest. It is the
with whom I have conversed Bill pass into a law, it will give rise to as much,
would tend to aggravate the evil they do hope
any further relaxation and, in the first instance, more litigation, than has
the Government will make a stand wheretaken place under the law which it is intended to
I,4)Rs,qu, tOnk that the principle of recipro7tycii:.fairly supersede ;'' we may observe that, in its present form,
.oarrt6o
iadmveusrste necessarily exercise a most disastrous and
SO; CilihsArt—ln what respect ?—The salt trues influence en the future prosperity of all
•

'HIGH WATER AT LONDON-BRIDGE THIS DAY.
Morning ... 4 minutes after 5 I Evening ... 29 minutes after &

SECOND EDITION.

large manufacturing towns. But since we cannot,
by any illustrations of our own, so forcibly develop
the course by which this result would be accom-
plished, as the "Report" has already done, we entreat
attention to the three extracts from that document,
which we give in another column, and which we have
headed respectively, " Consequences of the proposed
alteration of the Law of Settlement," &c.; "Case of the
borough of Leicester under the proposed alteration ;"
and " Effect of the five years' residence irremovability
clause, both on manufacturing towns generally, and
on rural districts." Yet that a strong case exists to
require the reform of the Law of Settlement, and
with a view to the restraining of that endless and most
expensive litigation which makes good for provincial
attorneys at the expense of all the rate-payers of
England and Wales, we are as firmly convinced as
were the framers of the 4th and .sth 'WILLIAM IV. when
bringing forward that Act. The amount expended in
law charges alone, connected with the investigation of
settlements, and the trial of appeals, for the year end-
ing Lady-day, 1834, was almost incredible-258,6041.
—about one-twentieth of the gross levy of rate for that
year. The Act of 4 and 5 WILLIAM IV. endea-
voured to remedy this state of things by contracting
the grounds conferring the settlement, but more dis-
tinctly and carefully prescribing the form of proof,
nature of evidence, and right of appeal. But the ob-
jects thus aimed at have been notoriously defeated by
the conflicting decisions of courts of law, their severe
construction of the provisions relative to the wording
of orders of removal, and the consequent difficulty ex-
perienced (in itself a hardship, usually, of the most
cruel nature on the unfortunate pauper applicant) in
now obtaining such orders. And as to the expense,
it appears, from the Leicester " Report," that
" Although the amount expended in law charges has
been diminished since the passing of the Act (as appears
by the last report of the Commissioners, in which it is
stated to have been 84,7501. for the year ending Lady-
day, 1843), it must be borne in mind, that this decrease
in the expenditure is not to be attributed entirely to an
improvement of the law, but that it may in part be ac-
counted for by the difficulties experienced in obtaining
orders of removal."

of our credit on the banks of the Bosphorus has pro-
cured for M. DE BOURQUEIEY a seat at the Luxem-
bourg ?"
If we are to believe the; following 'account in the
&forme, the state of the cotton Manufactures in
Normandy is most deplorable, and firms a sad con-
trast to the activity which prevails_ in our manufac-
turing districts :
"Amongst the disastrous facts which demonstrate to
what a state of distress both masters aM operatives are
reduced, the state of the Rouen manufactures gives a
melancholy contradiction to the shamelns collectors of
statistics of our over-increasing prosperity. At this
moment the master cotton-spinners of that city, to the
number of 300 or 400, have agreed to sF.orten the period
of labour of their operatives by one-third, antil the end
of the month of March next—that is to say, that during
five months the week, as far as regards 65,000 operatives,
shall consist of four days, instead o? seven. Let us
hear the excuse of these masters. They assert that the
foreign markets are closed against them. Their stores
are overstocked, notwithstanding the considerable con-
sumption in Algeria. The names are mentioned of some
houses which have from one to two tsillions'-worth of
manufactured cotton on hand. In order to avoid abso-
lute ruin to themselves, and likewise the necessity for
dismissing their operatives, the manufacturers have but
one resource—the reduction of one-third of the hours of
labour. But have they diminished their luxuries ?
Have they diminished one-third of their unnecessary ex-
penses ? Let the operatives of Rouen give to a petition
for inquiry the support of their numbers and of their
sufferings. Let the masters themselves protest against
our system of political economy, of which they avoid the
consequences by throwing them on the operatives."
The French Three per Cents, continued very firm,
and closed on Wednesday at 82f. 75c.
THE BOURSE--WEDNESDAY, Nov. 13.

First Highest Lowest Last
Price. Price. Price. Price.
French Five per Csnts•• •• • • 119 45 .. 119 65 .• 119 50 •• 119 50
Three per Cents.• • .• 82 90 .. 82 90 .. 82 80 •• 82 85
Bank of France 3145 ••3160 .•3145 —3160
Lathan Bank, I,ooof Shareslo9s ..1095 1095 .. 1095
5,000 f Sharesso3o —5030 —5030 —5030
Belgian Bank ..• . • - • • • • • • • • 660 .• 660 .. 060 .. 660
Belgian Fives,ls4o
1842 .• • • • • •• 1071 •• 1071 .. 1071 .. 1071
Two-and-a-Half.• • • 61 75 .. 61 75 .. 61 75 .. 61 75
Dutch Two and-a-Half ....• 62: •• 62 .. 621 • 62f
Spanish Threes .• • • • • • • • • • • 36/ 361 361 .. 361
Astive • . •• 32} .. 33 .. 321 .. 33
Passive • 6/ .. 61 .. 61 .. 61
Portuguese Five per Cents.. 55 .. 55 55 .. 55
Neapolitan • •• • •• 98 60 .. 98 65 •• 98 60 .. 98 65
Bomar, cx ..... 1031 .. 1031 .. 1031 103}
RAILWAY SHARES.
St. Germain
Versailles, R.B.— • 400 .. 400 . • 400 • • 400
L. 8.. ...... ... • • 283 75 • • 285 • • 283 75 .• 285
Ronan, .••• . iooo toot 28 —loon ..lOUI 25
Rouen to Havre.. 772 60 •• 775 -• 772 50 .. 775
Orleans • • -• •• • •1010 ..1010 ..1007 00 —lOO7 50
Strasburg to Bale.. •• •• 270 .. 273 75 .. 270 • 272 50
Avignon to Marseilles— 825 . 825 .• 820 .. 821 25
RAILWAYS FOR THE ACCOUNT, e ov 16.
Versailles, R.B • • • • •• 400 .. 400 .. 400 • • 400
L.B •• •• •• 287 50 .. 284 .• 282 50 .. 285
Rouen • • • . • • .....1000 • .1003 75 —lOOO ..1000
Rouen to Havre. • • • • • • • • • • • 772 50 .. 773 75 • • 772 50 .. 773 75
Orleans .•• • • • • • • •• • . •• •• ..1005 ..1010 ..1005 —41006 25
Strasburg to Bale-. •• • • •• 270 .• 272 50 •• 270 .. 272 50
Avignon to Marseilles.• • • •• 822 5G 827 50 .. 823 .. 822 50

We cannot better conclude than by quoting from
the conclusion of the Committee's " Report," the "Re-
medies suggested" by them. It is a passage well
entitled to the deliberate consideration of the Legis-
lature ; and whatever difficulties might probably be
encountered in attempting to carry such a scheme
into practical execution, the proposal is entitled to
every degree of attention, from the boldness and sim-
plicity of the substituted recommends for the present
Poor-law and its ancillary Law of Settlement :

" Your Committee have now discharged the duty in-
trusted to them by the Council. They may, however,
be asked what remedy they would propose for the uni-
versally acknowledged evils of the present system ? and
to this they would reply—that the objections to the Law
of Parochial Settlements, not only on the ground of com-
plication aad expense, but on the score of humanity, are
so great, as to admit of but one remedy ; and that is,
the Abolition of the Settlement Laws altogether, with all
their cumbrous and expensive machinery, and providing
for the support of the poor out of a general fund, to be
raised by means of a national tax, to which all property,
whether landed, funded, or personal, should be liable to
contribute, and which is consistent with the principle of
the law of Queen Elizabeth, under which every indi-
vidual was liable according to his ability, whether arising
from real or personal estate. This plan would encounter
opposition in the first instance, but it may be supported
by so many considerations of justice and policy, that
little doubt can be entertained that, sooner or later, it
will bo adopted by the Legislature, and become the law
of the land.

THIS DAY'S NEWS

CHANCERY.-(THIS DAY.)

The Lord Chancellor heard cause petitions, lunatic
petitions, and appeals to-day.

IN THE CASE OF THE FEVERSHAM CHARITIES.

This case came before the Court upon petition,
praying the confirmation of the Master's report, ap-
pointing two new trustees to certain extensive charities
in Fevershara. A reference was directed to the Master
to appoint new trustees in the room of two gentlemen
who had left the parish, one now residing at Dover, and
the other at Finsbury. The Master appointed two
gentlemen, and the object of the present application was
to confirm that report.
His LORDSHIP ordered the report to be confirmed.
The Court then disposed of the several lunatic peti-
tions on the paper, and afterwards proceeded with the
part-heard appeal of Livesey v. Livesey, which occupied
the Court the whole day.

" If, however, there is no prospect of a speedy abroga-
tion of the Laws of Settlement—if it is still considered
advisable, on account of existing interests, to continue
them for the present—if it is still deemed humane and
considerate towards the poor to break up their homes, to
separate them from their families, and to bandy them
backwards and forwards from parish to parish, and from
county to county, because they have the misfortune to be
poor and dependent—your Committee would confidently
and unhesitatingly express their opinion that it would
he infinitely better to continue the existing Laws of Set-
tlement. and to amend the machinery by which they are
carried out, by lessening the expense now required in
procuring orders of removal and in contesting their va-
lidity, than to adopt a measure so objectionable in its
provisions—so unjust and ruinous to all large manufac-
turing towns and villages—and so calculated to yield a
fruitful harvest of litigation, as the Bill now introduced
by her Majesty's Government."

VICE-CHANCERY.-(THIS DAY.)
The Vice-Chancellor of England was occupied the
whole morning with unopposed petitions and short causes.

(Before Sir J. WIG RAM.)
LUND V. BLABS HARD AND OTHERS.

His HONOUR gave his decision this morning on two
demurrers, put in to the plaintiff's amended bill by the
defendants, who are members of the Yorkshire Agricul-
tural and Commercial Banking Company, and the Lon-
don and Westminster Bank. The main arguments in
the case had been heard, but the Court required a
further hearing on the only two points raised by the
demurrers' misjoinder and multifariousness; and Mr. K.
Parker and Mr. Hetherington have argued on the part
of the plaintiffs against the demurrers, on the grounds
above stated. The plaintiffs are shareholders in the
Yorkshire Banking Company, the defendants were con-
nected with the management and direction, and the Lon-
don and Westminster Bank had been appointed the
London agents of the Company.
His Hoxotra overruled both demurrers.

We have received Madrid journals of the 7th, but
their contents have been anticipated by the telegraphic
dispatch, which conveyed intelligence to the Bth. In
the Congress, on the 7th, a rather stormy discussion
took place on an amendment to the 9th clau‘e, pro-
posed by one of the Members for Barcelona. In the
Address, as drawn up by the Committee, allusion
is made to the "rapid improvement of our rising in-
dustry." To this Senor SAIRO moved as an amendment,
that "there was greater necessity than ever to extend
a powerful protection to native industry." In other
words, that the present high tariff should be raised,
and smuggling more encouraged. There was a
strong party in the Congress in favour of high duties,
but the Government in the end prevailed, and the
amendment was withdrawn. Senor LLORENTE moved
another amendment, in the shape of an additional
clause, the purport of which was to call the attention
of the Government to the state of their commerce
and colonies, in supporting which he made great
complaints of the abandonment of their marine, ob-
jecting to the construction of vessels in foreign
ports, and insisting on the fitness of making a new
law respecting the slave trade, as a matter of the
greatest interest for the Spanish colonies.

Sir K. Bruce did not sit today, his Court being en.
gaged for the business usually transacted in the Ses.
sions-house. ,

QUEEN'S BENCH.—(THIS DAY.)
(Sittings in Banco.)
1101VARD V. GOSSETT.

This was an action brought by Mr. Howard, an
attorney, of Norfolk-street, in the Strand, to recover
damages from Sir William Gossett, the Sergeant-at-
Arms to the House of Commons, for an alleged unlawful
arrest and false imprisonment. The defendant admitted
all the facts laid in the declaration, but pleaded that he
Was justified in what he had done, by a warrant of the
llouse of Commons, for the arrest and imprisonment of
the plaintiff. To this the plaintiff demurred, and the
demurrer came on for argument this morning. The
case arose out of the proceedings in the well-known case
of Stockdale v. Hansard. The plaintiff, as attorney for
Stockdale, had conducted the proceedings in that case,
and after Stockdale had been arrested and imprisoned
for contempt of the House of Commons, the plaintiff,
.his attorney, was also summoned to the bar of the House,
and shortly afterwards arrested and imprisoned by order
of the House, and it was to recover compensation for
this arrest and imprisonment that he had brought this
action.

Mr. KELLY, in support of the demurrer, contended
that the warrant set forth in the pleadings could not
justify the arrest and detention of the plaintiff, inasmuch
as it set forth no cause of offence whatever, but simply
directed the arrest and detention of the plaintiff without
specifying any cause of imprisonment, or naming any
time at which such imprisonment should cease. Lord
Coke had laid it down in his Institutes, that every mitti-
mus must show good cause of arrest, in order that the
prisoner might obtain his relief by habeas corpus if the
cause set forth should be wrong. If this warrant, which
pecified no offence, should be held to be a good warrant,
and if; on an application for habeas corpus, their Lord-
ships were to remand upon such a warrant, it would im-
port that the House of Commons might arrest any sub-
ject of the realm without any offence or any charge,
which would be a violation of Magna Charts and
of the Petition of Right, in both of which it
was laid dawn that no freeman should be imprisoned
or detained without cause shown, whereby be is
imprisoned and detained. It was true that in the bad
times of the James's and the Charles's, when the Courts
of Justice were themselves the greatest violators of the
law, warrants were issued for the apprehension of per-
sons without specifying the cause of offence ; but Sir
Edward Coke, before those times, had expressly laid
down the law to the oontrary ; and since the days of
James 11., the practice had been universally condemned,
and, in good times, the law, as laid down by Lord Coke,
had always been considered as the current law. The
warrant was also bad, for want of a lawful conclusion.

The Minister of the Interior said the Government
was determined to execute the laws and treaties
against the slave trade, but that the means at its
disposal were not sufficiently extensive to enable it
to put a period to the traffic ; and the Minister
of Marine said that only one steamer had been
ordered to be constructed abroad. The Commission
again succeeded, and their clause was carried.

The trial of General PRIM was resumed On the 6th,
but little further evidence was adduced. A domici-
liary visit had been made by the police at the resi-
dence of the General, and a strict examination of all
his papers and effects taken place, but without any
important discovery having been made. The prose-
cutors seem to have abandoned the charge of attempt-
ing to assassinate NARVAEZ.

The Three per Cents. were done at 271 at GO days;
and the Five per Cents. at 205-16 at GO days.

The Paris papers, which have at last duly arrived
bring no intelligence of importance, and the leading
articles are of the same description. The Journal des
Debats and the Constitutionnel have articles on Mr.
WAGIIORN'S letter to the Pacha of EGYPT, proposing
a railroad across the Isthmus of Suez. Both of them
are opposed to the plan, and recommend the con-
struction of a canal. These articles will be found
under the proper head. The Courricr Francais, for
want of a more fresh subject, goes back to 1841, and
comments on the treaty for the pacification of Turkey
and Egypt, and the protection of the Christians.
Russia, it says, had only one object in view—to see
Turkey return to barbarism, and thus forfeit all in-
terest that Europe might have for her. Austria,
though animated by a better spirit, was of as little
use. From such a colleague, the Ambassadors who
were anxious to promote the cause of civilisation in
Turkey, and guarantee the welfare of the Christian
community, could derive no effectual aid. To the
British Minister, in fact, is attributed all
the merit. " The question with Sir STRAT-
FORD CANNING," says that journal, " was not
merely to prevent the shedding of the blood of a few
victims; it was necessary to put a stop to the system
of re-action of the Turkish Ministry. Sir STRAT-
FORD CANNING pursued this twofold object with
praiseworthy firmness. He comprehended, as a good
Englishman, that Russia alone had an interest in
Nswaeil
olliofunwlitdsoitnedgrbii
:tpherdaetethtteesenyr
dfrsaeet
neddma
ttbbi
by no
of
n toi
bn
sutea.c e H. e
Ta lhl
e owe
T du
rhki
ims
h-
afntyh
e capital concession t on theiro
open part
insur-
rection, and even M. DE BOURQUENEY, as we are in-
formed by one of his friends, considered this so pro-
bable, that he said we must go no farther. But the
English Ambassador replied, we must go on,' and
the question was thus at least half-carried. Here,
however, he was checked, for the French Ambassador,
after having taken one step, refused to take another.
The return of M. DE BOURQUENEY is now announced.
Let him tell us what influence we 'exercise at Con-
stantinople. In the wake of England on a question
of humanity; motionless, when a decitive measure is
necessary against a Ministry which is driving the
empire to its ruin. Such has been the ccoducotoefvtehre,
representative of France. We do not, however,
accuse him, for he has evidently only followed in-
structions, and his docility will be rewarded vial'. the
Peerage. Be it so; but in serving his own into, rests,
has he served those:of his country ? And will it be a
sufficient consolation for us to know that the eq lire

It simply ordered the arrest of the plaintiff without
stating where he Ivan to be brought, where he was to be
imprisoned, what time he was to be imprisoned, or how
he was to be delivered. There was no indication of his
offence, neither was it stated what he was to do to purge
himself of his oirenee. This was directly contrary to the
law as laid down by Lord Coke, who laid it down, that
every warrant ought to show a lawful cause of imprison.
ment, and ought to have a lawful conclusion, such as,
that the prisoner should be 'detained until delivered by
due course of law. The defendant was not told by the
warrant to bring the plaintiff before the House,
but he ants to take him into custody, and to
keep him in custody ; it would appear until
they should choose to order what should be done
with him. Now this was contrary to Magna Charts,
and the warrant was therefore void. He now came to
what was the practice in regard to contempts, and he
believed it would be admitted that it was only for con-
tempt that the House of Commons possessed the power
of imprisonment. Now the practice of all tribunals
having the power of attaintiag for contempt, was to call
❑pon the party accused to 'answer; if he refused, or
gave no saflicient answer, he was adjudged guilty of con-
tempt, and the warrant authorising his imprisonment in-
variably set forth that he was committed for contempt.
Here it was not stated that he was committed for con-
tempt, and he would ask on what principle the. House
of Commons was to depart from a practice which was
binding on all other tribunals committing for con-
tempt. No contempt whatever appeared upon the face
of this warrant, and the Court could not presume that
the committal was for contempt. If the Court were to
do so the liberty of every subject would be at the mercy
of the House of Commons. lie submitted that no au-
thority could be found in which any warrant had been
held lawful, which did not set forth theoffence for which
the party was to be arrested. With regard to the cases
of imprisonment for contempt, he would merely refer
the Court to the arguments of Sir J. Campbell in the
case of Stockdale and Hansard, where everyone of these
cases had been collected. He did not deny the right of
the House of Commons to imprison for contempt, but
he did contend that they had no right to imprison for any
other cause, or for no cause at all, or by virtue of a war-
rant showing no cause. The next question was, sup-
posing the warrant to be bad could the defendant fall
hack upon the averments in the plea in aid of the war-
rant. He apprehended theidefendant could not. Having
set forth the warrant as his justification for the arrest,
he could not depart from it, and if that warrant were
bad he could not show aliunde that there was good cause
to justify the arrest. If a Sheriff's officer arrested a
man upon a bail writ of capias it would be no justifica-
tion of that arrest to show that the bad writ was founded
upon a good judgment.
Mr. Justice COLERIDGE—In an action against a magi-
Made for false imprisonment, if the warrant is bad, but
he sets forth that the conviction is good, would not that
be sufficient, supposing he only pleaded the general issue?

Mr. KELLY submitted that such a case could not apply
to an action brought against the officer executing the
warrant, although it might if they were suing the House
of Commons, or the Speaker ; but he apprehended that,
as the action would be for the imprisonment, and not for
the conviction, the setting forth the conviction would not
be a sufficient justification.

Mr. Justice COLERIDGE—I do not say so ; but is it
not a general notion do not say whether right or
wrong— but is it not a general notion that a bad warrant
may be aided by a good conviction ?

Mr. KELLY apprehended not. The party :ought his
remedy against the party arresting him for the impri
sonment, and not for the conviction. If a magistrate
possessed the power on conviction by parole directions
without the intervention of any written document, of
ordering imprisonment, then the conviction might justify
such imprisonment ; but if it was necessary that the
warrant should be made in writing, and such warrant
should be found to be bad, then the party would have
been illegally committed, and would be entitled to his
remedy. Now, what were the averments in the third
and fourth pleas? They were—that the plaintiff, having
been summoned to appear at the bar of the House of
Commons, failed to attend, and that thereupon an order
was made that he should be brought to the bar.
(The case had not concluded when we went to press.)

COMMON PLEAS.:-(THIS DAY.)

(Sittings in Banco.)
The Court this day, took the demurrer paper, the
cases in which were interesting only to the profession.

(Sittings at Nisi Prius.)
The Court sat also as Nisi Prius, in the Sessions
House, Westminster,.

BENRAM V. PIDDING.

This was an action for goods sold and delivered, and
would possess no peculiar interest, but for what was
characterised as an " artful dodge" on the part of the
defendant

The plaintiff is an ironmonger and general dealer,
and supplied the defendant with goods upon a running
(mount, for which he charged in his bill the sum of
231. Payment having been delayed longer than was
agrk eable to the plaintiff, he brought this action.
The defendant paid into Court 51., pleading to the re-
mainder of the claim " not indebted."

Mr. JAMES, for the p'aintiff, put in evidence of the
goods being supplied. He remarked that the defendant,
who was not represented in Court, had been advised by
some artful practitioner, more cunning than wise, to pay
in the sum of 5/., in order to bring the debt below 20/.,
and thus escape arrest and imprisonment. But by a re-
cent decision in the Court of Exchequer, it was clear
that this manwuvre would not avail him.

Verdict for the plaintiff in the whole amount.
CLEVELAND V. WALTER.

This was an action of Pjartmant, under very eurinus:eir.
cumstances.

The principal was Miss Cleveland, who deposed, that
her father was a tripe-dealer, formerly residing in
Tower-street, St. Giles's, but carrying on business
at present in Silver-street, Golden-square. He quitted
the house in Tower-street about twelve years ago, and
left a relation in possession of the premises. Since
that, Mr. Walter, who had married a distant re-
lation of plaintiff's, was put into possession of
the business, with an arrangement to this effect:
the plaintiff was to supply defendant with the
stock in trade, and:to give him one-half of the profits;
and also to allow him 1/. per week independent of that
commission. That once in two or three weeks she, in
place of her father, used to settle with defendant, that
she received from him the rent which he had received
from persons lodging in the house. He used also to pay
her the whole of the receipts of the business, and she re-
turned one half of the profits to him. He used to at-
tend at her father's house to settle his acconnts with
him, but on one occasion he sent word to her that he was
unable to come to plaintiff's house, being unwell. In
consequence of this she went to the house in Tower-
street, when he told her that he had no money to give
her. He afterwards refused to settle with any one but
Mr. Cleveland, and subsequently refused to give any ac-
count of the business, whereupon plaintiff gave him no-
tice to quit the premises, which he defendant refused to do.
Several other witnesses were called, who corroborated
the above evidence. It was also proved that defendant,
having been obliged to become insolvent, spoke of plain-
tiff as his employer in his schedule.
Mr. Sergeant TALFOURD, who appeared for plaintiff,
laid great stress on the latter fact.
The jury returned a verdict for plaintiff, with imme-
diate execution.

BAIL COURT.-(THIS DAY.)
(Sittings in Banco.)
EX-PARTE JOHN RADCLIFFE.
Mr. HATHERTON moved, in this case, for a writ of
habeas corpus to bring up the bodies of two infants, who
were detained in the custody of their grandfather, Abra-
ham Turner. The present application was made on the
part of the father of the children, who stated in his affi-
davit that his wife and infant daughter Mary, aged two
years, went to the house of Turner, and that the infant
was detained in the custody of Turner, who refused to
give her up. On a subsequent occasion his second
daughter, Fanny, aged four years, was taken to Turner's
house without his knowledge, and also detained. The
wife of the deponent also went to the house of her father
and refused to come back, though he wrote to her to do
so, and to bring the children with her. The deponent
also stated that he treated his wife with kindness, as he
believed.—Application granted.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
PETTY V. WALKER AND OTHERS.

The action in this case was tried at York, when a ver-
dict was given for the plaintiff—damage s, one farthing.
One of the defendants in the action, named Isaac
Ironside, moved this morning for a rule of Court calling
on Mr. Fretson, of Sheffield, the plaintiff's attorney, to
show cause why he should not refund the sum of
431. 15s. 6d., paid to him, under protest, as costs in the
above action. The applicant's affidavit,upon which the pre-
, sent motion was fonnded, stated that immediately after the
verdict had been returned, he tendered to the plaintiff's
solicitor one halfpenny (not having a farthing in his
pocket), but that this sum was refused by the latter.
The defendant further stated to the Bench that the Under
Sheriff told him that if the plaintiff's solicitor imagined
that the verdict obtained would carry costs he was mis-
taken, and that it was in consequence of his advice that
he acted as he had done, after the finding of the jury.
For ten days after the trial the defendant heard nothing
of the action, but at the end of that time he was as-
tounded at receiving a letter from Mr. Fretson, dated
Queen-street, Sheffield, making a claim of 431. 185. 6d.,
as above, accompanied with a threat of execution if the
amount were not paid within a specified time. In order
to avoid running any risk, defendant paid the sum, under
protest. He now applied to the Court, with a view of
recovering the amount.
The defendant having, at the request of the Bench,
read the affidavit detailing the facts of the case,
The COURT granted the rule.

BOW-STREET.--(THIS DAY.)
A middle-aged man, named John Carlyle, living at it,
Eaton-street, New•cut, Lambeth, was brought before
Mr. Jardine, charged with having stolen a sovereign, be-
longing to Mr. John Luff, under the following singular
circumstances :

, The prosecutor was going over Waterloo-bridge on
the night previous, about half-past seven o'clock, and
stopped to pay the toll. He put his hand into his pocket
and pulled out a quantity of loose money, from which,
while selecting a sixpence, he let fall a sovereign on the
causeway. The prisoner was just coming up to the gate,
and on the prosecutor searching for his sovereign, he
assisted him, but, strange to say, it could not be found.
The prosecutor, having his suspicions, immediately asked
the prisoner if he got it ? But he replied he had not, nor
had he seen it. Prosecutor was certain no one else could
have picked it up, and determined to give. him into cus-
tody. He accordingly called the policeman on duty
there, F, OS, and gave the prisoner into custody. He
stoutly upheld his innocence, and offered every facility
for search ; but in his right-hand waistcoat pocket a
sovereign covered with dirt was soon found, to his great
discomfiture.

The prisoner expressed his ignorance of how it got
there, and said afterwards it was his own.
Mr. JARDINE said there was sufficient, without his
previous statement of not having a sovereign in his pos-
session at all, to commit him for trial.—Committed.

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