The Sun.
London, England, 1844-11-19 00:00:00

THE SUN, LONDON, TUESDAY EVENING, NOVEMBER 19, 184 t.

trade in another, and that it is an act of injus-
tice in Sir ROBERT PEEL to make an exception in
favour of corn. May we not, after a declaration like
this, claim the Noble Marquis as a corn-law aboli-
tionist ? He is too manly and straightforward to
support a shuffling system of expediency, merely be-
cause it is sanctioned by the weight of Ministerial
authority ; and seeing what is the right
course to take, we are confidently of opinion that he
v% ill take that course, careless of the frowns
of Sir R. PEEL, and the indignant reproaches of those
two ducal luminaries, RICHMOND and BUCKINGHAM.
Indeed it would not at all surprise us, were he, at an
early period of the ensuing season, to take the chair
at one of the League meetings at Covent-garden,
with Mr. COBDEN cheering him on one side, and Mr.
BRIGHT shouting in sympathetic chorus on the other,
to the infinite delectation of all true free-traders

By the "New Zealand" papers last received, our
attention has been powerfully drawn to two subjects
of very dissimilar character, but perhaps of almost
equal interest to that important colony. They re-
late, each of them, to the most
_remarkable exempli-
fications of our defective colonial policy that can be,
perhaps, adduced both against—the last and the pre-
sent Government of her MAJESTY. We have often
lamented the utter want of decision, design, and
energy, which characterised the proceedings of Lord
JOHN RUSSELL, when Colonial Secretary, in dealing
with the question of New Zealand occupation. His
Lordship's halting and tardy recognition of those
possessory rights of sovereignty, which the acts of
Captain Cook on behalf of the British Crown, after
circumnavigating the whole of the islands in 1770,
had as clearly established, as had ever been done in
the case of any other European discovery in the
waters of the Pacific, led to half measures, which
were followed by the usual results of such imperfect
actions of State authority. The course adopted by
her MAJESTY'S Ministers was satisfactory to no party.
A large portion of the public were displeased with
what they considered, on the first announcement of
the arrangements concluded, to be an improvident
and monopolitical bargain with a Joint-Stock Land
Company for its special advantage. The managing
direction of that Company have since loudly pro
tested against the hard terms exacted of them by her
MAJESTY'S Ministers. The few previously-settled
English residents or proprietors within the limits of
that distant country considered themselves aggrieved
by the purchases of the Company on the one hand,
and the powers assumed and delegated by the Rome
Government on the other. It is no part of our busi-
ness to open up any of these questions. The title of
the Crown, in our opinion, was clearly good; and had
it been exercised without hesitation, much of the
evil which has overtaken New Zealand, since the
present Government came into power, would have
been averted. But the Colonial Government which
at present represents: it, seems to be paralysed by
its example. Governor FITZROY is grievously re-
monstrated against in the petition of certain inhabi-
tants of the settlement of Nelson, "for the conduct
pursued by his Excellency in declining to bring
before the constitutional tribunals of the law the
parties charged with the massacre of many of her
MAJESTY'S faithful subjects (at Wairau, in New
Zealand) on the 17th of Junef 1843." The peti-
tioners indignantly represent, that whereas the Go-
vernor had subsequently taken a mass of evidence
upon oath, of various credible European witnesses,
implicating especially a Native Chief named " RAU-
PARAHA" as one of the instigators of, and chief
actors in, the said massacre of two-and-twenty of
their fellow-settlers (including a Commander in her
MAJESTY'S Navy, a retired Captain in her MAJESTY'S
Army, the Police Magistrate and Judge of the
County Court of Nelson district, the Protector of the
Aborigines, the Crown Prosecutor, and the Chief
Magistrate), such Governor had yet, on the 12th of
February last, after landing at Waikanai, on the
North Island, voluntarily addressed an assembly of
several hundred natives, then and there headed by
RAUPARAIIA. That having received from the latter
an account of the origin and manner of the Wairau
massacre, which in most essential particulars was at
variance with the sworn testimony of the European
witnesses referred to, the said Governor, after half an
hour's deliberation, without cross-examining the
Chief or calling further evidence, declared to the
natives and their leader, " that having heard and re-
flected upon their account, and compared it with
that of the white men, he had decided that it was the
misconduct of the English which had brought on the
fight, and hurried the natives into the crime of mur-
dering unarmed men who had surrendered, but
whose deaths, therefore, he would not avenge."
We are warm partisans of a merciful and for-
bearing deportment on the part of civilised men to-
wards their more barbarous and unenlightened fellow-
creatures; and for this generosity, even to some
excess, we naturally look, in all the transactions
which bring savage nations in contact with our gal-
lant and humane countrymen. But where the locali-
t,ies on which these two conditions of human ex-
istence, the civilised and the, unreclaimed, are con-
terminous, as in New Zealand, it is not a mere
principle of policy or expediency, but an esserAjai
condition of protection and even existence for the
former, that the power, the force, the resources, the
combined strength of civilisation, should be palpably
evidenced and vindicated to the senses and appre-
hensions of barbarism. Wherever this object can be
achieved without the sacrifice of life, or even re-
straints upon personal liberty, it is the duty of the
civilised as Christians, as human brethren of a more
. _

1
intelligent order, to abstain from violence towards the
savage. But the primary instincts of self- preserva-
-1 tion, as well as the duty of all its members to the
social community they belong to, require and justify
a resort to that species of physical vindication we
speak of, whenever the society is menaced with an
infliction of brute force, under the impulse of brute
passion, intent on gratifying its appetite for blood.
the are by no means prepared to consider whether
Governor FITZROY is justified or not in his apparently
unfavourable estimate of the conduct of the settlers.
But we are fully prepared to say, assuming the al-
legations of the Nelson district petition to
be true, that he has been distinctly wrong
in the conduct he has adopted towards
RAUPARAIIA and the other natives actually impli-
cated in the massacre of the two-and-twenty settlers
at Wairau. He has himself admitted that these
men had been guilty of the crime of mur-
dering unarmed men,
fellow - subjects of his

the slightest injurious effect on his spirits, but that he
is just as happy and comfortable as if he had not been
subjected to the awful displeasure of seven out of ten
of the North Durham Conservatives. Of the address
in question, which was delivered to a body of his
tenantry in the Assembly-rooms of Newtownards, we
may observe that, while there are one or two points in
it against which we must enter our protest, there is
much in it of which we decidedly approve—much that
is characterised by justness of reasoning, and man-
liness and liberality of sentiment. On the important
subject of the corn-laws, the Noble Marquis
thus expresses himself :—" He did not under-
stand how any Minister who thought it right to
introduce into his policy free trade at all ; he did
not know how that Minister could make corn an ex-
ception. In order to prepare for a change he would
implore his tenantry to go on cultivating the soil on
which their existence depen&d. They had seen,
during the last twenty years, many changes; they
had seen the Minister, by the force of circumstances,
and by the pressure from without, obliged to follow
out a course of policy which it was contrary to his
mind to pursue ; and having seen that, he could not
sit down without impressing them with the fact that
similar things might take place with regard to the
corn-laws. He wished them to bear in mind that,
when everything else was free, they could not expect
that corn alone would be an exception." This is a
remarkable declaration, considering the quarter whence
it emanates. The speaker evidently anticipates the
abolition of the corn-laws at no distant period, and,
impressed with this conviction, he exhorts his
tenantry to secure a snug shelter for themselves
against the inevitable day when the roof-tree of
Monopoly shall fall. Go on cultivating your lands,
he tells them, with the utmost assiduity; avail your-
selves of all the recent improvements in agriculture ;
neglect nothing that may tend to increase the means
of your subsistence, and then you will no longer have
cause to regret the downfal of the Protection system.
But the Noble Marquis goes further than this
in the above passage, for he states it as his
deliberate opinion that if there is to be free
trade in one thing, there should be free

Paris papers of Sunday have bees received, but we
find little in them interesting to the English reader.
The Revue .des Deux Afondes, in adverting to the
proceedings of the forthcoming session, says, the Op-
position will adopt a very moderate tone, and declare
themselves as anxious to be on good terms with Eng-
land as M. GUIZOT himself. This is not all probable,
but if the said scheme is founded on fact, what harm
can the Opposition do to the Government ? They
can only oppose M. GUIZOT, by departing from the
principles., on which they pretend to act ; but pre-
tending one thing, and doing another, are not means
likely to give either character or strength to a party.
The Journal des Debats has another article relative
to Spanish affairs, in which it repels charges made
against it by other Ministerial journals. These
charges refer chiefly to attacks made on the New
Reform Bill, and the despotic Government of
CHRISTINA and Co. This organ of the Govern-
ment seems to disapprove of these great changes,
while, at the same time, they are fully sanctioned by
the Court and the Cabinet. This writing on both
sides by the Ministerial journals only confirms the
general belief that the revolution in Spain is of
French manufacture.

The French Funds continue to rise. At Tos,roNt's,
on Sunday, a good deal of business was done. At
the opening the Three per Cents. were quoted at 83f.
150., and shortly after rose to 83f. 25c., at which
price they closed.

We have received intelligence from Madrid of the
th inst. On the previous Saturday, the 9th, the
Chamber of Deputies began the discussion on the
Reform Bill. A Member, of the name of LATOJA,
commenced the debate, and contended that the Cortes
had no power to amend or alter the Constitution.
He objected also to the period at which the Bill was
brought in, when the minds of men were in a state
of great excitement, and not prepared to consider
with calmness the important changes proposed.
Another speaker defended the Bill, and after some
speeches of no interest the debate was adjourned till
Monday. On that day a Senor TEJADA made
a very straightforward speech in favour of absolute
monarchy—a line of argument very acceptable to the
Government. He declared his full approbation of
the Bill, took a review of the course of events in
Spain since the death of FERDINAND VII., and de-
clared that all the evils which Spain had suffered ,
since that period were referable to the prevalence of
revolutionary principles; which, under pretence of
founding a constitutional government, led the country
into anarchy and confusion. lle called upon the
Government to restore the nobility and clergy to
their ancient rights and privileges; for Spain, he
said, was a monarchical and religious country, and
neither required nor wished a representative Govern-
ment. Senor MARTINEZ DE LA Ros♦ followed, but
his speech was cut short by the President, who an-
nounced that the hour of adjournment had arrived.
MADRID BOURSE, Nov. 11.—The Three per Cents.,
271 cash, 27 9-16 at sixty days; Five per Cents
20{ cash, 20/ at sixty days.

Lier Majesty the Queen Dowager has kindly pre-
sented the Institution for the Religious Instruction of the
Deaf and Dumb with 251.
A new English church, called the Church of St.
Paul, has been consecrated at Malta. It was erected at
the eense of the Queen Dowager, at the cost of
13,500 Lord Howe presented a beautiful statue of
Faith, but the Lord Bishop objected to ite being placed
iu the church, and Faith accordingly remains in the gar-
rison library.
Lord Saye and Sele, whose death we recently an-
nounced, was the oldest Member of the House of Lords,
of the Whig party, having entered it soon after the death
of his father, Thomas, the tenth Baron, in July, 1783.
In common with Lords Clinton. Deere, and the. Duke of
Newcastle, he derived his descent from the Lord Saye,
who, with other confederated Barone at Runnimede,
compelled King John to sign Magna Chart; and from
the Viscount Saye and Sele who, in the wars of Charles
1., sided with the Parliamentarians, and was the friend
of Hampden, Fairfax, Denzil, Hollis, and Oliver Crom-
well. Lord Saye and Sele assisted in the ever.menio-
rable struggle for carrying the Reform Bill, and having
fur more than forty years uniformly and consistently
voted with the Whig party, was offered an earldom by
the Grey and Melbourne Administrations, of which
offer, however, his Lordship did not avail himself. He
is succeeded in his title and estates by the Honourable
William Eardley Twisleton Fienne6, present and twelfth
Lord Saye and Sole. It is expected that the mortal re-
mains of the departed Nobleman will be deposited in his
ancestral sepulchre at Broughton, on Saturday next.
KINGSLAND AND DALSTON LITERARY AND SCIEN-
TIFIC INSTITUTT;oN.—We noticed, in one of our recent
the intended establishment of a literary
and EY:..ientific institution in the above districts, and we
are glad to find that the project is steadily progressing.
Several auxiliary meetings have been held, at all of
which perfect acquiescence in the object, and determina-
tion to forward it, were most unequivocally expressed.
The list of shareholders and members already contains
the names of a great many respectable and influential
inhabitants of the neighbourhood ; but we regret to see
the coolness which the landholders, the magistrates, and
the clergy evince. How is this ? We should imagine
that self-interest alone, if no higher motive, would in-
duce the landholder to foster the scheme, for it is mani-
fest that such an establishment would go far to consoli-
date the neighbourhood, and thus render the property
the more valuable. Ask nine-tenths of those who leave
the district why they leave, their answer will be found,
with few exceptions, because the place is so dull in it-
self, and so far away from all proper places for recrea-
tion. The magistrates, as we have already said, should
consider the great good these institutions produce where-
ever they are established, and surely it must be more
agreeable to their better feelings to endeavour to create
a preventive to vice, rather than to be called upon to
a,‘,.dijouldtiheeatseacornedcrimeof
li; nor doeshirs
it seem
ministeremtonsincotmo assistpatibe
in such an undertaking, for morality is the handmaid to
religion, and he who lacks the former can never truly
possessbo ve
alluded the
latter.to was Th The
ellads t
at of
thethe auxiliaryllry dd l
eon
Ameetingsrmirs
a,
Myddleton-road, on Thursday, the 14th instant, 3, .
Webster in the chair. Mr. Bingley moved the firstre-
psoleludatieodn,itswelhfictioi
use
es
its
so u
tthe
os
utmost
effect
endeavours
atvhoautt he t
o the object in view. Mr. Bingley went through the whole
of the details, and concluded amidst expressions of
forward meeting
much satisfaction. Several other gentlemen spoke; and
it was resolved that the next district meeting should ho
held at the Mortimer Arms, Mortimer-road, Do Beauvo r
Town, on Thursday, the 21st inst.--horning Advertiser.

own, and within his own jurisdiction. Does
Captain FITZROY imagine that his own private im-
promptu impression that they had been " hurried"
into this slaughter by the " misconduct" of their
victims can purge them of their legal guilt (on that
assumption), or relieve them from their responsibility
to the just demands of civil government ? If the
settlers are not guilty to the extent which he has
been pleased to assume, RAUPARAIIA and his party
must have been guilty in a far higher degree than
they are even charged to be. If RAUPARAIIA and his
party were really instigated by excessive provocations
on the part of the settlers, it is necessary, not alone in
justice to their reputation among the European
settlers in general, but for their protection from the
bloody feuds and retaliations which the descendants
of the latter may otherwise be expected to maintain
against themselves and their successors for long years
to come, that this misconduct on the part of its two-
and-twenty victims should be clearly established in
the face, and under the solemn forms of our legal
tribunals. Retribution on the one hand, or expurga-
tion on the other, is implicitly demanded ; and we
cannot doubt that the British Parliament will grant a
Committee of Inquiry, or recommend some other
efficient form of proceeding, with a view to
satisfy the great expectations of British subjects as to
the results of this melancholy affair.
The other intelligence from New Zealand is of a
much snore agreeable nature. It regards the rapid
improvements effecting in the culture, preparation,
and manufacture of the PHORMIUM TENAX. Now
that the co!onists have got into the way of erecting
machinery adequate to split the fibres of this ad-
mirable "New Zealand flax" without breaking them,
and to cleanse the material or fabric from the husk or
skin, we have no manner of doubt that some three or
four years will suffice to give our countrymen in
New Zealand the full advantage of supplying the
home market here (the largest in the world) with this
commodity, so invaluable as a military and naval
store, as well as a commercial commodity of higher
quality and better texture than that for which we pay
annually such vast sums to Russia and other northern
States. Yet, until a very recent period, notwith-
standing that repeated experiments had shown the
superior properties of New Zealand flax (second
only to those of the Manilla article), when not
marred by the muscle-shell scraping, and filthy pre-
paration of the native makers ; no direct encourage-
ment could be obtained from the authorities at home
for the development of a material so indispensable to
our naval greatness, and for which we have so often
been at the mercy, as it were, of the foreign grower
or his Government. Colonial improvement, it seems,
like " kissing," goes "by favour," We are heartily
glad that it seems to have come to the turn of New
Zealand to be saluted at last !

THIS DAY'S NEWS

THE DUKE OF LEEDS V. EARL AMHERST—THE PIC-
TURE OF THE GREAT DUKE Or SCHOMBERG.
Mr. BrruELL replied at some length to-day in this
case, the facts of which we have already given.
The LORD CHANCELLOR postponed his judgment.

VICE-CHANCERY.—(THIS DAY.)
(Before Sir J. K. BRUCE.)
CUMIN° V. THROWER.
The question in this case was the liability of 'a
trustee to make good certain sums which had been
dissipated by an alleged abuse of trust on the part of
his co-trustee. His honour had, on a recent occa-
sion, given his judgment on the main point,
declaring the estate of the trustee, Thrower,
liable for all the sums dissipated by the
co-trustee, Bland. But with respect to two sums of
6001. and 8001. respectively he had had some hesita-
tien as to the order to be made, and on these two
sums his decision had been reserved.
His HONOUR now said that the estate of Thrower
must be liable for the re-payment of these two sums
also in addition to the rest.

QUEEN'S BENCH.—(THIS DAY.)
(Sittings in Banco.)
HOWARD V. GOSSETT.
The SOLICITOR-GENERAL resumed his argument
in this part heard case, and contended that, even if
the Court should be against him on the points which
he had submitted on Friday, still they must give
judgment in favour of the defendant, inasmuch as the
defendant was acting merely ministerially in acting
upon that warrant, which, at all events, was a suffi-
cient authority for him, and therefore that the action
could not lie. He, therefore, submitted that upon
this demurrer the Court must give judgment in
favour of the defendant.
Mr. KELLY then replied, and contended, on the
authority of the King v. Elgee, that this Court could
look to the wording of warrants issued by Courts
of co-ordinate jurisdiction, inasmuch as in that case it
had decided that a warrant issued by the Court of
Bankruptcy, a superior court of record, like
the House of Commons, was bad. He also
quoted the case of Christie v. Unwin, in
which the validity of a warrant issued by the Lord
Chancellor had been questioned. He could not but
regret that during the course of the last century some
of the judges had laid down the law as if the Court
could not interfere even to grant a habeas corpus in
cases where persons had been committed by the
House of Commons, but those dicta of the judges were
contrary to the law, as it had been acted on both
before and since. In the case of Lord Shaftesbury, in
that of Hobhouse, in that of the sheriffs of Middlesex,
this Court had granted a habeas corpus, and had
looked to the warrants of commitment, and because
they held those warrants

:The case was proceeding when we went to press.

BAIL COURT.—(THIS DAY.)
(Sittings in Banco.)
THE QUEEN AT THE PROSECUTION OF HIS ROYAL
HIGHNESS THE DUKE OF BRUNSWICK V. GREGERY.
Mr. WonnswoaTu in this case moved for a writ
of habeas corpus to bring up the body of the de-
fendant, who was at present in the custody of the
gaoler of Newgate. The defendant was in custody
on an indictment, and the period of his imprisonment
on that indictment was about to expire. There was a
second indictment against him, to which he pleaded
guilty, and on which the judgment stood over. The
object of the present application was, that he be brought
up on Thursday for judgment on the second indict-
ment; notice to that effect having been given, a habeas
corpus directed to the gaoler being necessary for that
purpose.—Application granted.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
nuair v. LEIGII.
In this case, which was tried before the Lord Chief
Baron on Wednesday last, and the verdict returned
for the defendant, Mr. Knowles moved to enter the
verdict for the plaintiff. The action was for work
and labour in the course of last year; and the simple
question for the Court to decide was, whether one of
the receipts on which a verdict was given for the de-
fendantdocument, inasmuch as
account was a running
it
was
not was
stamped.alid and
account, extending over a long period, and the
receipts were for sums paid
va
The
eal
at various times, that in
question not being stamped. The Learned Counsel
contended that the case came within the Stamp Act,
and that, in accordance with the provisions of that
Act, he was entitled to have the verdict entered for
the plaintiff.
The COURT granted a rule to show cause.

COMMON PLEAS.—(THIS DAY.)
THE REGISTRATIONS,
Mr. Sergeant KINGLAKE made an application to
the Court to insert in the list an appeal, which, as we
understood, had been omitted, in consequence of delay
in receiving the statement of the Revising-Barrister.
Mr. Sergeant CHANNEL Was instructed to oppose
the' application, but
The COURT considered that it had no jurisdiction
in the case, and that the application, which came too
late, must be refused.
was occupied with mo-
tions, The
fr ens
ot t
generalhe morningt

SHERIFFS' COURT.—(THIS DAY.)
(Before Mr. Under-Sheriff littiranr and a Common
Jttry.)
hAiNtS hAINEB—LORD BROUGHAM'S ACT.
This was an action for goods sold and delivered,
and for money lent by the plaintiff to the defendant.
A solicitor conducted the eye for the plaintiff. The
action was undefendod. in September last year the
defendant, who was a bookseller carrying on business
in the vicinity of Covent-garden market, purchased
from the plaintiff, also a bookseller in St. James's-
square, Clerkenwell, a quantity of manuscript ser-
mons, for which he agreed to pay 61. Subsequently
he borrowed 61. from the plaintiff, for which he gave
him an I. 0. U. The defendant had pleaded that he
never was indebted to the plaintiff in the sums speci-
fied, and had paid 7s. into Court, at the same time
pleading that the plaintiff had not sustained any loss
or injury beyond that sum.
The solicitor said, that through Lord Brougham's
Act the plaintiff had been driven into that Court, and
added that since the commencement of the action the
defendant had sold all his goods, and the plaintiff
would therefore hare to whistle for his money.
The plantiff's daughter proved the delivery of the
MS., and the lending of the 61., and the jury accord-
ingly gave a verdict for the plaintiff for 10/.

ECXFORD V. HORNE.
This was an action for work and labour rendered
by the plaintiff to the defendant.
The plaintiff is a painter and decorator, and the
defendant, some time ago, invented an improved kind
of horse shoe, intended to prevent horses slipping on
the wood pavement, for which ho obtained a patent,
and commenced shoeing horses, on his Improved prin-
ciple, in the neighbourhood of Woodstock-square,
The defendant, for the purpose of advertising his
patent, employed the plaintiff to paint a signboard of
extraordinary description, between twelve and six-
teen feet long, descriptive of his invention. It
was, also, a most expensive article ; from
its being deeply gilt and decorated in the style
known as that of Louis XIV. and was more suited
for a drawing-room than for the foggy atmosphere of
the London streets. The sum charged for the sign-
board was 551., a portion of which had been paid, and
the action was for the balance. The defendant, it ap-
peared,the work.
jury
ee rifaaesett, yw
as
undefended,satisfied with
andthe
aetion,
llsik.aesthp
turned a verdict for the plaintiff.

ARCHES' COURT.—(THIS DAY.)
IN TIIE MATTER OF THE EARL AND COUNTESS OP
DYSART.—JUDGMENT.
jDr. LUSIIINGTON proceeded this morning to give
udgment in this important case. The suit
was
originally instituted by the Earl of Dysart to enforce
the Countess to return to his house, his real obje,3t, as
stated by his counsel, being to protect himself a; ;ainst
any liabilities incurred by the Countess as his wife.
She petitioned, and in her pleadings stated that from
his former cruelty she was now afraid to resume her
conjugal duties, lest she should again be sub,t4et to
personal violence.

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

TILE ATTORNEY-GENERAL V. rottEn.
The LORD-CIIAN7ELLOR gave judgment in this
case, which came before his Lordship some time since
on exceptions. His Lordship allowed the exceptions:

EX-PARTE VAN SANDAU.
His LORDSHIP said that, in the case of Mr. Van
Sandau, which was before him on Saturday, he had
stated, after mentioning the several precedents that
had been referred to, that he would not take upon
himself to decide that the order which had been pro-
nounced was valid, because the subject was under
further inquiry in a court of law. His Lordship had
also stated that his decision was final. Now he ought
further to have stated that the judgment he was
giving was upon an ordinary petition, and not a
special case for the decision of the Court of Review.
his Lordship believed that, by the 37th section of
the Bankrupt Act, no judgment of the Court
of Review could be questioned in the House
of Lords except upon a special case. It was true he
might have sent the matter to the Vice- Chancellor,
in order that he might direct a special case for the
opinion of the Court, but he did not think it neces-
sary. He had mentioned this case in consequence of
some misrepresentations that had gone forth : he had
said nothing disrespectful to the Learned Judge ;
that was the last thing he would do, because he had
for him the most special regard.

His HoNoun had great difficulty in coming to an
immediate conclusion, as the evidence adduced on both
sides was of so contradictory a character, and therefore
it would be necessary for him, in the exercise of his
duty, to enter at considerable length) and at the
haA.ard of' being Soiiiewhat tedious, into tilt; tiettilli
of the case. His Honour then dwelt minutely on the
statements of the different witnesses, and concluded
by saying, that in his conscience be believed, that
that these unhappy, dissensions were in the
first instance occasioned by Lady ysat't's
own violence, unguarded language, frequently
absenting herself from her husband's roof,
to enjoy the greater indulgences of her fathers house,
and one primary cause of these divisions might be
found in the little effort she made to consult his tastes,
his habits, his wishes—he would even say his eccen-
tricities. But he (Dr. Lushington) did not exclude
the Noble Earl from blame. His language was such
to his wife as no man, even in the most degraded
state of society, would use to the veriest pro-
fligate, and his passions were not kept under
that proper control which was so necessary in a man of
his irritable temperament. Yet again, he said, that
looking over all the evidence, ho could see no reason
why Lady Dysart should not return to her duties, and
to the shelter of her husband's roof.
The petition was accordingly dismissed.
An appeal was entered against the judgment.

MONEY AND COMMERCIAL NE Vi
WTY, QUARTER TO THREE.
The Cotton market at Liverpool yesterday was freely
supplied. Sales 3,000 bales, at previous rates, including
300 Surat, at 20. to 31d. ; 100 Egyptian, at qd. to 7d.;
flO Pernam, at 51d. ; and the rest American, at 3/d. to
skd. fief IH. Shares were much the same :—Chester and
Birkenhead, 31i ; valley, 431 ; Dircct
Northern, 2* ; Eastern Counties, Pcfpetual, No. 2,
19s, 6d. ; Ely and Bedford, 1/ ; Grand Junction, 21,) ;
Ditto, Halves, 107 ; Kendal and Windermere, 3 ; Lan-
caster and Preston, 461 j Liverpool and Manchester,
204 ; Ditto, Halves, 102 ; London and Birmingham,
218 ; Ditto, 321. Shares, 38 ; Ditto, Quartefl, 20 ; Lon-
don and York, 3 ; Manchester and Leeds, 114 ; DittO,
Halves, 48; Midland Counties, 1071 108; Newcastle and
llarlingtob, 481 ; South-Eastern, 371 ; Ditto, New, 71 ;
Paris and Lyons, 3/ Is. Cd. ; Pettis and Rouen, 38 ;
Orleans, Tours, and Bourdeaux, 41. is. Ott ; Boulogne
and Amiens, 4 ; North Wales Mineral, 9-4-, with nest.
Advices have been received to Sept. 14, from the
Cape of Good Hope. The state of the colony, both
politically and economically speaking, was satisfactory.
The Eafirs on the frontier were quieter, and the leaders
evinced more disposition to act with our troops in check-
ing the thievish propensities oftheir people. The Governor
had been to the Eastern colony, and a stronger military
force was expected to be in future stationed in the so-
called neutral territory. By virtue of instructions
from Lord Stanley, Natal had been formally
constituted a dependency of the Cape, the
Governor of the latter having full jurisdiction over it,
althought there is a Lieutenant-Governor and a local
executive and judicature appointed. The appearance of
the town of Natal, and the village of Pietermauritzberg,
is represented as having materially improved
since Colonel Somerset arrived with the troops,
and many of the Dutch farmers were anxious to see the
settlement retained by the English. Local improvements
were progressing also in the older colonies, and there
would soon be a road formed from Graham's Town to
the Cape.
The Funds are very steady this morning, but the
transactions have not been of any extent. The Commis-
sioners have taken Reduced Three per. Cents. at 99k.
The New Three-and-a-Quarter per Cents. have been
102 to k. Bank Stock is worth 205. Consols have been
1001 to 100 k for Money and Time. Exchequer Bills are
575. to 695., and India Bonds 80s. premium, being steady.
The Foreign Securities have been well supported, but
there has been no particular activity in the market. The
Spanish Five per Cents, were 23/ to 24k, and the Throe
per Cents., 351 Portuguese Converted are quiet
at 531; Mexican at 36; Brazilian at 881; and Buenos
Ayres at 36k. Russian have been 1181; Dutch Four
per Cents. have touched 96k and 97.
The Railway Shares have been steady in value, bu
here again there is but a limited business doing.
BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
(From the Official List.)
205
3 per Cent. Reduced Annuities 9934
14
3 per Cent. Comols. Anna • lOO% %
3 per Cent. Annuities, 1726 99%
New 3% per Cent. Annuities .. 102%
Long Annuities, Expire sth Jan. 1860.... l2 1-16
Ditto 30 Years, Expire 10th Oct. 1859
Ditto 30 Years, Expire sth Jan. 1860. l2 5-16
India
Ditto under ....... ..... 80
South Sea Stock
Ditto New Annuities 9.1%
Consols for Account 100%
Exchequer Bills. I%d. I%d_
1,0001. ••••••••••••••«•••••••• ..N.»..... 59 57 pm.
52 57 pm.
Ditto 5ma11................ ..... 57 59 pm.
Ditto Advertised."... .....
FOREIGN FUNDS THIS DAY AT ONE O'CLOCK.
Brazilian Bonds, 5 per Cent.
Buenos Ayres Bonds, 6 per Cent ......... 36%
Mexican Bonds, 1837, 5 per Cent. ..„ ........ „ —
Ditto for the Account
Portuguese Bonds, 5 per Cent ........
Ditto Converted ........ 53%
Russian Bonds, 1822, 5 per Cent llB%
Spanish Bonds, Five per Cent 1840 23%
Ditto for the Account. 24
Ditto Passive Bonds •.„.....,..,.«.».....«« 6
Ditto Deterred .... 15
Ditto Three per Cent. .....
Ditto for the Account ..„ ....... 35X)%
Dutch 2% per 62%
Ditto 4 per Cent. Certificates 96% 97 965 i
Dutch 5 per ........ 99%
PRICES OF SHARES 1 HIS DAY AT ONE O'CLOCK.
RAILWAYS. PAID. PER SIIA RS.
Birmingham and Gloucester.... 100 ......... ts'
Bristol and Exeter ..... ........... 70 .... 69,ki to
Cambridge and Lincoln
Churnet Valley ............. ........ 2 ..... 4% % ... to 4
Eastern Counties —........ 25 13% ... to
Great Southern and Western] 5
(Ireland)
Great Western 75
Ditto Fifths... ..... ............. 26%
London and Birmingham.......... 100 .........219 220 to 218
Diets % Shares 2 ......... 26% ..... to
London and South Western
Manchester and Leeds. ........ 70 ll4 ..... to
Ditto % Shares
Manchester and Birmingham ... 40 ........ 51
Midland
Newcastle and DarlingtonJunet. 121 ........ 49
Norwich and Brandon
South Devon 10: ..... 114 104 to 11%
South Eastern and Dover ..... 33%
Ditto New
Boulogne and Amiens 2 ....... 4%
Orleans and Vicrzon
Orleans and Bourdeaux ...... 1
Paris and Orleans.. ...«....«.«.«.. 20 ..... 39%
Parisand R0uen.................. 20 38% to
MANCHESTER STOCK EXCHANGE, Nov. 18.—We
have had an animated market, and a considerable business
has been done at improved prices. Birkenhead and
Cheshire, 6i 8; Accrington, 2i 1; Wigan and Liverpool,
4* ; Cambridge and Lincoln, 2i ; Cburnets, 3i i; East-
ern Counties, No. 2,19 s. 6d. ; Lancaster and Preston,
47 ; London and York, 3 1-16 ; Sheffield and Lincoln,
11 ; Midland, 108 ex New ; West Yorkshire, 8 ; Shef.
field and Manchester, Quarters, 13,* ; South-Eastern,
3,1;28 ex New ; Paris and Lyons, 2i.

MARKET NEWS.—(THIS DAY.)
COLONIAL
SUGAR,—In British Plantation a good business con-
tinues to be done about 850 hhds having found buyers at
fully previous rates, and the market is very firm. The
public sales have consisted chiefly of 247 barrels 509
casks St. Lucia, and 2,957 bags Bengal, nearly the
whole of which sold at 53s 6d to 65s 6d for good
brown, to fine grayish yellow St. Lucia ; 51s 6d to 64s
for low soft, date kind, to fine yellow Mauritius kind,
Bengal, and 43s to 44s for mid brown Khaur ditto,
being fully previous rates. Strong mid brown Bengal,
Dhobah kind, was taken in above the value, viz., at 50s
to 525. The quality of British Plantation landed last
week at the East and West India docks was 619 hhds
110 tierces 289 barrels, and there were taken for home
consumption 1,595 hhds 156 tierces 346 barrels. The
stock in the same places is 12,137 hhds 1,761 tierces
2,753 barrels.

COFFEE. —Of 64 casks British Plantation, and 689
bags Ceylon (B. P. kind) brought to auction, the greater
part of the British Plantation was taken in much above
the value. All the Ceylon found buyers at 57s 6d to
82s 6d for fine ord pale to mid coloury quality, and being
for the latter description 2s to 3s dearer.
Rum.—The quantity landed last week at the East and
West India Docks was 53 puns 20 hhds. There were
taken for home -I:9nsumption 166 puns 28 hhds, and ex-
ported 121 puns 90 hhds. The stock in the same places
is 12,289 puns 1,395 hhds.
SPICES.-113 bags Pimento at auction sold at 3-id to
4d per lb for very ordinary to good mid quality, which
is a decline of hd to id.
TALLOW.—P.Y.C. is 40s 6d to 40s 9d per cwt on the
spot, and Town 43s 6d per cwt.
TEA.—Public sales (10,000 packages are already an-
nounced) come on to-morrow, and this checks private
business.

O Fr/
TIM REV. SYDNEY SMITII—We are hap% t I
able to relieve the numerous friends of the Rev. floe'
Smith from their fears. The unfavourable sytePt goo
were those of suppressed gout. The moment the Pepe
took a definite form he began to get better, and be fi
feslonger considered in danger. In fact, he already. P:nti.
several hours each day in the society of his more
mate acquaintance.
FATAL ACCIDENT OFF BLACKFRIARS-BRIDAL' fir
Yesterday afternoon, about three o'clock, a lad
rently about fourteen years of age, but at presetting
known, was drowned in the Thames. The tide bathe
low at the time, the deceased descended the steps a;ci ta
north-west side of Blackfriars-bridge, and walk ties
the second arch, near to which the Fleet-ditch fT,tetit
itself, and where there is a perpendicular fall 'vita:4oli
ten feet depth of water. Into this the lad stlt;.`",_lei
slipped, and instantly disappeared, and the probabill.,./1,1
that be was carried away by a steam-vessel, whichalSo
immediately afterwards passed over ,the spot.
deceased had under his arm a bundle, which wal.nci
covered, and consisted of a blue cloth cape, a brovinif
white striped jacket, a mackintosh, a linen shirt, a Po
of blue cotton stockings, a white handkerchief, *
.''he
pattern cotton ditto, and a pair of low shoes•
or
articles, no doubt, belonged to the deceased, and_„' or
their description, it would appear, that he was is P**„ee.
footboy, or possibly an assistant-waiter at some asr.
(able hotel or tavern.
e g,
NEW MAIL COACH BETWEEN EIHNEUR--
_.llO
NEWCASTLE.—A meeting of the proprietors of the '!:,„(1
at present running by this route between Edinburgbck,
Newcastle, was held in the King's Arms, on TbP....lts to
for the purpose of making arrangements with reg;'-this
a new mail, which it has been proposed to put ulls is
road in place of the one now running by Carlisle.. deac
proposed that the coach shall start from Newees,
twelve o'clock at night, reach Berwick at half--Pr'aii
in the morning, and after a delay of half an hour,/*,
at seven, and reach Edinburgh about one o'clock 'o
at
noon. On returning, the coach will leave Edinburg",o,
nine o'clock morning, reach Berwick at half-pri.tst.
and Newcastle at between nine and ten o'clock-*t
The advantages of this arrangement to Berwick and
other towns on the route need no comment, and we
to see it speedily carried into effect.—Berwick Wd7-
.1,
WINTER ASSIZES.—WESTERN CIRCUIT.--The
lowing days and places have been appointed yrs
Baron Alderson for holding a Special Sessions les
and Terminer and General Gaol Delivery en 0 t
Western circuit :—Southampton—Monday, Dee. 2
the Castle, at Winchester. Somersetshire—no
Dec. 9, at the Castle, at Taunton. Devonshire-00"ot
Dec. 16, at the Castle, at Exeter. City of Exeter---
same day.
the
SINGULAR •INCIDENT.-011 Thursday last-
0,
lowing singular incident occurred in the churchys7ge.
New Brentford Church. During the funeral of 0,
Henry Flower, a boatman on the Grand Junction C2lnnes
who was amongst the spectators, picked up some lnicit
which had been turned up out of the grave, and victor
proved to be part of the hand of the body of the 0020.0
of Mr. Flower, which had been in the grave thirtY.„Y tor
previously, on one of the fingers of which was tan it
gold wedding ring. The boatman immediately to'ibe
off her finger and pledged it for three shillings. 0° the
fact becoming known, the boatman was traced to, the
Six Bells public-house, where he was spending ,ice
money with some companions, and compelled him to alto-
up the duplicate, with all the money, except three.„„o.
things. The ring is now in the possession of the PP
Mr. Harrison, the vicar.
err'
BLAENAVON.—DREADFUL AND FATAL ACCW- of
—On Thursday, the 7th instant, a little boy, the silo
a fireman working at one of the Rhymney furnsee°9,,e.
playing about the rails, when his foot slipped, and, -"jai
rible to relate, he fell into the furnace. His father, sr
more affection than prudence, immediately sprig to,
after him, in the forlorn hope to save his child,tnie
strange to say, he was quick enough to catch and toi-ost
him out, but too late, however, for the boy must alwer
instantaneously have died. The father had now tot
changed situations with his child, and found the gre,°H•
difficulty in extricating himself from his p w erilous Piro
tion, which he was obliged to do by catching.hold olf
iron bar, little less than red hot, and swinging hill3Ths
out; but as soon as he bad done so he was senseless-
• deng
poor fellow was carried home, and now lies in a jog
rous and uncertain state. The furnace had not stest
been charged, and consequently was not at its
heat, otherwise escape would have been imposai
Hereford Times.
Wed
IMPROVEMENTS IN HYDE PARK.—It Was 50ter
some time since in our paper that the piece of dirtLige,
in Hyde Park, facing the new gate at Knightsn'titer-
called Albert-gate, which formerly flowed from irser-
fall in connexion with and at the east end of the been
pentine River, but which has for a long tin3_,e tine
stagnant owing to a deficiency of water in the Serr; the
to supply the same,: was about to be filled up,
purpose of making a road from the new and °P od:
entrance mentioned to the ride, extending from
Park-corner to Kensington, and called Rottenrshe
The water has now been entirely removed, ell.gra-
vacuum filled up, and in its place appears we being
yelled road from the new gate alluded to to the riat'3otten-
for equestrians only, as the celebrated ride called 4.7.0 car-
row is devoted entirely for the use of equestrians, matted
riages, except those of the Royal Family, being
by
then
within the drive, and the privilege enjoyed l'bi*
exclusively is rarely, if ever, availed of by
new road, in place of the unsightly piece ofthw.e
very great improvement, in addition to its being 7ernij
convenience to the wealthy inhabitants of the nnu'oli the
splendid streets and squares recently formed A new
Marquis of Westminster's estate in Pimlico. from
grand walk has been formed across the Par., to the
Grosvenor-gate, leading from Grosvenor-squar%i,hts-
nt
is
small gate opposite the Chinese Exhibition st,__"t7hlie,
bridge, and which is found a great boon to t""48,0-
particularly at this season of the year, when the 76,
cepting the firm gravel walks, are in such u`
sloppy state. d, at iliad'
DEATH OF HARRY GATTIE
ing, on the 13th inst., aged 70, 'dEeespct
family and friends, Harry Gattie, Esq., forme, 10
popular actor at the Theatre Royal, Drury repre-
other principal theatres. Mr. Gattie's initial.
__ea. gr.
y•—rengrieetterdi., 110110155 a:
sentation of Frenchmen will be well remembet' from
Gattie was a most honourable man, and he reti
points 0f t
teerned by
the stage several years ago, universally es
brethren, and every one who knew him. seas_ a
nd
FOLKESTONE.—The effects of the high have
-
raging winds, together with the late heavy
beenbe' severely felt here, as at other
re a
from
s
During the week our steamers have been
crossing the Channel on several occasions cul.vsal
Hotel has been waterlogged.—CanterburyJo..