The Sun.
London, England, 1845-02-13 00:00:00

F. SUN, LONDON, THU-RS DAY L VENING, FEER iTAR

Mr. BOUVERIEI asked whether there was any nego-
tiation, or likely to be any, between this country and
the Brazilian Government for the conclusion of a
commercial treaty.
Sir R. PEEL replied in the negative.
After a few words from Mr. RICA.RDO and Mr. M.
GIBSO7

Lord Jo RUSSELL asked if the Right Hon. Ba-
ronet intended to press the House to come to a deci-
sion on his financial scheme on Friday.
Sir R. PEEL would not, if any objections to his
financial scheme were made, press the House to come
to a decision on the subject on Friday.

The House then resolved itself into a Committee
of Supply.

TheCHANCELLOR of the EXCHEQUER announced
that the sum proposed by the Government to meet
the demands of the current year would be 18,404,5001.

After a few words from Mr. HUME and Mr. WIL-
LIAMS on the subject of the reduction of the interest
on Exchequer Bills,
The CHANCELLOR of the EXCHEQUER, in answer to
questions from Mr. T. Baring, stated that the results
of the reduction of the Three-and-a-Half per Cents
would Hot become apparent until the accounts should
be made up in April, 1845, and that the whole of the
opium compensation money, with the exception of
1,500/. which was in dispute, had been paid up.

The sum of 18,404,5001. was then voted on account

of outstanding Exchequer Bills, and the House re-
sumed.

Sir R. PEEL was excused for serving (Al Election
Committees, and the House adjourned at Six o'clock.

In reference to a letter, which we insert, from
" J. V.," who dates from Stepney-green, we cannot
help expressing our own earnest hope that the Pre-
mier may include in his financial propositions, to-
morrow evening, one for the large reduction or total
repeal of the duty charged on fire-insurance policies.
In every possible point of view, this is one of the
most objectionable imposts which a Government can
levy. It operates as a direct premium on the apathy
or improvidence of some parties—as a most iniquitous
tax on the misfortunes and poverty of others. The
former of these classes are deterred from availing
themselves of that security to which every prudent
man, in a community like ours, resorts against the
mischief and ruin which are likely to be in-
flicted upon him by the calamity of a fire consuming
his property, or his stock, house, furniture, &c. They
look at the large amount of the duty (on the average
about one-third, rather than one-half, we believe of
the premium on the insurance), and between the cer-
tainty of having that burden to bear, and the uncer-
tainty of being exposed at any time to the calamity
in question, postpone indefinitely insuring till the
catastrophe occurs, and perhaps in one hour reduces
them from competency—from affluence, even —to
beggary or destitution. The latter class, with every
disposition to insure, and perhaps after putting by,
with many a struggle, out of their hard earnings suffi-
cient money to pay the premium upon the amount they
would cover by a policy, cannot find the wherewith to
pay the further amount, between a third and a half of the
premium, required for the stamp duty. They, too,
may be hopelessly overwhelmed by a similar destruc-
tive visitation, but aggravated by the conviction that
but for the tax which- a reckless Government had thus
imposed on the exercise of a meritorious forethought,
they might have been no sufferers beyond the mere
temporary inconvenience of shifting their abode.
This domestic and social point of view is not the only
one in which the matter should be looked at. It is
-cell known that small policies, to a very consider-
able number, and of course to a large aggregate
amount, are effected every year by English house-
holders and others with the insurance offices in Holland,
in order to escape the operation of this most iniquit-
ous and impolitic duty. Sir ROBERT PEEL will de-
serve great credit if he remit it. We hope that an
lion. and Gallant Member, whose political principles
and prepossessions it is not our wont to praise, be•
cause we cannot concur in them, but for whose con-
sistency we can feel every respect, will be at his post
to-morrow afternoon, to urge upon the Government,
if necessary, his old appeal for the remission of the
duty on fire insurances. We allude to the Member
for Lincoln (Colonel SIBTIIORP), whom we have had
so recently to thank for putting certain questions
that have elicited important explanations touching the
working of the new Board of Trade's Railway Com-
mittee.

Madrid journals of the sth inst. have been received,
from whieh we learn that almost the only subject of
conversation in the capital was the expulsion of a
Deputy from the lower Chamber. It appears that at a
ball given by NAuvAEz, some time previous, certain
articles of plate were missing, and there being no
evidence to impute guilt to the servants, a strict
watch was kept at a subsequent ball given, when one
of the guests was caught in the act of secreting some
valuable articles. He was immediately seized, and
turned out to be Senor QUIN TANNILLA-Y-
-MONTOYA, Deputy for Seville. As the affair
had got abroad the Chamber was compelled to
take it up, and in a secret sitting instituted
an inquiry which left no doubt of the Deputy's
guilt, and he was expelled by a majority of 105 to
18. A letter was read from MoNrova, in which he
admitted that he had the plate in his possession, but
was incapable of taking it for unworthy purposes.
Ile is said to be a man of good family and fortune.
It is also stated in these papers that the commandant
of the fort at Europa Point, Gibraltar, who fired on
a Spanish vessel and sunk it some months since, had
been superseded.
On the sth, the Three per Cents. closed at 32 9-16,
at GO days; the Five per Cents. at 24, the Coupons
at 264, and the Debt without interest at GI, at GO
days.

All interest in the proceedings of the French
Chamber is now suspended till Monday next, when
the debate on the Secret Service Money Bill is to
commence. Both parties look forward to the contest
with hope, but especially the Ministry, who confi-
dently trust that they will have a considerable ma-
jority in their favour. At all events it is to decide
the fate of the GUIZOT Ministry, and should the Con
servative waverers hang back and leave their party
with only a small majority, as in the vote on the
Parrellartv Indemnity, the Coalition—that is, the
MoLE and TIMERS' party—must come into office.
The Ministerial organ, the Journal des Debats,
challenges the Opposition to a fair trial,
of strength, and candidly avows that if they have
only a small majority, the Ministry will at once re-
sign. "If the Opposition be willing," it says, "the
battle will be decisive. But does the Opposition
really desire to give battle, or will it give itself the
air of being satisfied with its pretended success on the
Address—a success which, however, was confined to
obtaining a fine minority Q It little matters to us,
after all. If the Opposition draws back, and abstains,
its defeat will not be less evident to every one. For
our part, we allow, without any hesitation, that,
whilst the discussion on the Address gave the Mi-
nistry the majority, it did not sufficiently decide the
question of the Cabinet. It requires to be known
whether the vote which reduced the majority to eight
is an accidental vote, or one applied to the groundwork
of the Ministerial policy. The Secret Service
Money Bill will clear up this decisive question and,
if the trial turns against the Ministry, it will, we are
convinced, retire at once—it will not hesitate one
moment—for a Government cannot be carried on
with a majority of eight. For the last fortnight the
Chamber and the Ministry, the Opposition and the
Conservative party, have been in a state of crisis, to
which the Secret Service Money Bill must put an
end, one way or the other. We called for this
Bill with impatience, and we thank the
Ministry for having loudly challenged the
Opposition to the combat. It has assured to
itself, by this frank and courageous manner of
placing the question, a v:ctcry or a withdrawal
from power, equally honourable. We hope for vic-
tory. The Conservative party has united again. The
abuse of M. THIERS' journals, and the threats of M.
BILLAULT, have only caused them to close their
ranks. They will not fail the Cabinet, for the Cabi-
net only remained in power in order not to abandon
the Conservative party ; and, henceforward, they
can only conquer or be beaten together."

Some of the Opposition journals regard the con•
test as already decided, but GulzoT and his friends,
like the British at Waterloo, are so stupid as not to
know when they are beaten. The Courrier Francais,

which is rather in a desponding mood, thus upbraids
Ministers for fighting after they are virtually extinct :

" The Ministry demands then a second battle. What has
passed since the last contest to give the Cabinet hopes that
the Chamber will declare itself in a different manner, and
grant to it a posthumous majority? What new facts have
arisen? By what acts has the Cabinet acquired to-day the
confidence which it did not possess yesterday? After the
vote on the Pritchard indemnity, the Cabinet ought to have
retired. It did not, however; and why should it do so on the
question of the Secret Service Money ? Where is the neces.
sity of a second trial when the fact was so decisive? Is it
intended to multiply the number of games, in order to have
the more time to load the dice ?"

There is little doubt, however, that GUIZOT will
have a sufficient majority. The Opposition journals
have at last discovered the paragraph in the QUEEN'S
Speech which recommends an increase of the navy
estimates, and are highly indignant at a measure which
can have only one object—the universal dominion of
the seas. After giving a long list of islands and
promontories and continents which England has 7.p•
propriated to herself by the most nefarious means, the
National resigns itself to despair:—

" England can now dare anything. Has she not imposed
upon France a man of her own as first Minister? What
counterpoise can there henceforward be to her power in the
balance of Europe? Has not a French Chamber consented to
indemnify a Pritchard, because he was not quite unrestrained
in his attempts to have Frenchmen assassinated? There is
not a continent, not an archipelago, not a commercial route,
which does not bear a sign of servitude. By the right of
search she can destroy all rival commerce, and we know in
what way she exercises this right. Let her then display
with pride all her means, let her augment her steam-navy,
in order to add new rights to those which she already enjoys
for the happiness of the world and her own subjects. We
see nothing to oppose it, unless Europe should at length be-
come weary of being governed by the agents and interested
friends of England."

The following are given as the principal clauses of
the treaty agreed to between the French Envoy and
the Chinese Commissioners, at Macao, on the 24th of
October :

" 1. France is to be placed on a footing of equality with
the most favoured nations, as respects customs' duties.
"2. She is never to be subjected to the payment of any
periodical tribute to the Sovereign of the Celestial Empire.
"3. She may establish a factory at Canton on the plan of
those possessed by the English, Dutch, Dana, Swedes, and
Spaniards.
"4. She will be permitted to trade at Tchang-tcheou,
reserving the right of the Crown of Spain, which enjoys a
privilege in that city.
"5. She may establish factories at Iliamen, Tchao•hing,
and Ningpo.
"6. Finally, she will have the right of trading in every
place that may hereafter be opened to the most favoured
nations."

THE BOURSE--TUESDAY, FEB. 11.
First Highest Lowest Last
Price. Price. Price. Price.
French Five per Cents...... 122 60 .. 122 GO .. 122 40 .. 122 55
Three per Cents... 84 90 .. 84 95 .. 84 80 .. 84 SO
New Loan ........ 85 90 •• 185 90 .. 85 90 .. 85 90
Bank of France .. 3275 ••3275 • • 3270 ..3270
Gouin Bank, I,ooof. Shares.. 1085 .. 1085 • • 1085 ..1085
Belgian Bank .......... 650 .. 650 • • G5O • • 650
Belgian Fives, 1840 ........ 104% 104% .. 104% 104%
1842 ........ 10614 .. 10614 .. 10614
Four-and-a-Half . 103 .. 103 .. 103 .. 103
Spanish Three 5............ 411( •• 41 Vi • • 41►,4 ..
6% • • 6% • • 6% • • 6%
Portuguese Five per Cents.. GO .• GO • • GO .. GO

Tiii6 DA Yl6 NEW 6.

HOUSE OF LORDS-(THIS DAY.)
The House sat to -day, for the first time this session, to
hear appeals. The Peers present were, Lord Brougham,
Lord Canterbury, Lord Campbell, and Earl Nelson.
FOREST V. HARVEY.
The arguments in this appeal occupied their Lordships the
whole day.

CHANCERY.-(THIS DAY.)
The Lord Chancellor sat to-day in Lincoln's Inn Hall, at
half-past ten o'clock.

OLDFIELD V. COBBETT.-JUDGMENT.

The LORD CDANCELLOR gave judgment to-day in this
case, which was argued before his Lordship sonic time
since, upon a motion on behalf of the defendant, Mr.
Cobbett, to discharge an order of the 9th of
June for irregularity. His Lordship, on giving judgment,
observed, that although the case had occupied a considerable
period of time in arguing, the question depended upon con-
siderations that resolved themselves into very narrow limits.
The short outline of the case was this :—Mr. Cobbett, the
defendant, not having put in his answer in time to the plain-
tiff's bill, an attachment issued against him. The Sheriff
was not able to arrest Mr. Cobbett, and returned
non est investus. Proclamation then issue:?, but
still it was found impossible to arrest Mr. Cob-
bett, and then a commission of rebellion issued
against him, and he was arrested on the 6th of June. One
of the Commissioners was a person named Henry Doncaster,
and the other Simian, a sheriirs-officer, who kept a lock up-
house in Cursitor-street. Mr. Cobbett was kept in custody
at Sloman's till the Monday following, and then he was con-
veyed, by a person of the name of Haslem, who was a servant
of Sloman's, to White Cross-street prison, and delivered to
the keeper, or one of the turnkeys there. He was de-
livered, according to the indorsement upon the writ,
in to '1 the custody of the keeper of the prison by
Haslem, on the part of Sloman. On the 9th an
application was made by Henry Doncaster to the keeper of
the prison to deliver Mr. Cobbett up to him, in order that he
might be brought before the Court of Exchequer : the keeper
of the prison declined to give Mr. Cobbett up, thinking that
he had no right to do so. In consequence of this refusal a
notice was served by the attorney of the plaintiff' upon the
keeper of the prison, the Commissioners, and the sheriff.
The keeper of the prison appeared to have consulted his law
advisers, and finding that he had no right to de-
tain the defendant, he delivered him up on the
11th day of June to Henry Doncaster, and he
was then brought before the Court of Exchequer, and
there committed to the custody of the Warden of the Fleet
for contempt in not answering the plaintiff's bill. Now, Mr.
Cobbett made various objections to these proceedings ; and he
complained first of the manner in which he had been treated
during his confinement. Now, if Mr. Cobbett had any good
complaint on that subject, he should have complained to the
Court of the conduct of the Commissioners, and they
would have either been censured or punished for their
offence, but that would form no ground for setting
aside the order for irregularity. Mr. Cobbett then com-
plained that he had offered bail that was unexceptionable,
but that it was not accepted, in consequence of the fault of
the Commissioners, and that he was kept in custody. There
was no doubt that it was the duty of the Commissioners to
have discharged Mr. Cobbett, if sufficient bail had been
offered; and, if not, then they were bound to bring him
before the Court of Exchequer ; and, if they did
not do so, they were liable to punishment; but this
did not effect the regularity of the proceedings. Such being
the state of things, the next objection and the principal one
taken by Mr. Cobbett was, that he was kept in confinement
after the return to the writ ; that the writ was returnable
on the 10th, and that he was not brought up till the 11th.
Mr. Cobbett seemed to think that there was an end of the
writ upon the return, and that no person after then had a
right to keep :aim in custody or do anything under the writ.
His Lordship considered that in that respect Mr. Cobbett
laboured under a mistake. It was true that
after the return of the writ the officer could
not arrest a party, but where the party was in custody
at the time of the return of the writ, the officer had no busi-
ness to discharge him without bringing him before the
Court. His Lordship thought that the course that had been
pursued by Mr. Cobbett upon that occasion clearly showed
that he was in doubt himself as to the validity of the objec-
tion, because he argued, and very forcibly, too, that the
effect of taking him to Whitecross-street prison was taking
him out of the custody of the Commissioners, and that there-
fore it must be considered as a retaking after the return
of the writ, and therefore not valid. This paint had cer-
tainly been very cleverly put by Mr. Cobbett, but there was
no foundation for it; the defendant having been brought to
the bar of the Court, was properly committed. Such were the
arguments used by the defendant for the purpose of obtaining
the setting aside of the order of the 11th of June, for ir-
regularity, and on the whole, his Lordship thought there was
no ground made fur discharging the order in that respect,
and therefore it must stand. Repeated applications had
been made to discharge the order, all of which were
refused, with costs. This was the state of things up to 18-13,
when, the defendant having in the meantime put in his
answer, the plaintiff put in a replication to rejoin, and the
question then raised was, whether the plaintiff having done
so, it was not to be considered as a waiver of the contempt on
his part, and entitled the defendant to be discharged from
that contempt without the payment of costs. His Lord-
ship considering this a most important question, had
consulted several of the officers of the Court ; and he
had received a certificate from the Six Clerks, who
stated it to be their opinion, that according to
the practice of the Court, the defendant was entitled to be
discharged upon that order without the payment of costs.
Under these circumstances, his Lordship felt himself bound
to say that the course pursued by the plaintiff was a waiver
of the contempt, and that Mr. Cobbett was entitled to be dis-
charged from the effects of the order of the 11th of June, with-
out the payment of costs. What effect this might have on
the other proceedings he would not say—he would leave it
to Mr. Cobbett to consider that the other order being in force
against him—
Mr. Cobbett was anxious to know whether the order now

pronounced would discharge him out of custody in one suit ?
The LORD CHANCELLOR said it would riot. There was an
end of the order of the I Ith of June, and that was all. Several
applications had been made to discharge the order, which
this Court had refused with costs, and those orders were not
affected. The judgment of his Lordship dischared Mr. Cub-
bett from the contempt, not in consequence of any fault in
the original order, but something that had occurred since.
Mr. Cobbett was liable to the costs of all the other orders.

Mr. WAKEFIELD—Iie is discharged from the contempt o:
the order of the 11th of June.

The LORD CHANCELLOR—Yes, and nothing else.
Upon the application of Mr. Cobbett, he was permitted to
come up again on a future day to move !or the discharge of
the other orders.

CLIFFORD V. FURRELL.

The Court then proceeded with the further arguments in
this case, which were not concluded when his Lordship rose,
shortly before two o'clock.

VICE-CHANCERY.-(THIS DAY.)
The Vice-Chancellor of England was occupied the whole
day with causes of no general public interest.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings after Term.)
IN RE CHARLES CARUS WILSON-lIAREAS CORPUS.

The SOLICITOR-GENERAL said that, in obedience to the
writ of habeas corpus issued in this case, they had brought
here the body of Mr. Charles Carus Wilson, together with the
return of the cause of commitment, and he prayed that the
return might be read.
The return was then handed in and read, which set forth
the contempt of, and sentence on, the prisoner. After the
return had been read,

The SOLICITOR GENERAL moved that the prisaner be re
manded.

Mr. ROEBUCK said that he had a request to make to the
Court under rather extraordinary circumstances. He could
not attach blame to any person, nor did he wish to do so.
He would merely state the facts to the Court. He appeared
there as counsel for Mr. C. Wilson, and the brief in the case
was only put into his hands late yesterday evening. Mr.
Kelly and Mr. Peacock, who were Mr. Wilson's counsel,
were engaged in another Court, and, in' consequence, they
were unable to attend on the part of Mr. Wilson. He was
then requested to appear for him, and, of course, he could not
refuse to perform his duty. Placed under such circumstances,
and engaged in such an important matter, he prayed for
some time to consider the arguments which had been urged.
He was sure their Lordships would feel that he would be
unable to argue the case under such notice as he had received.
Furthermore, the return was now read for the first time. He
had no knowledge of what its contents might be till
the present moment. In another case, in which there had
been a return of a peculiar description—the case of the
Canadian prisoners—time had been given to counsel to con-
sider the return. He was even without a junior till the pre-
sent moment, when he understood that Mr. Pearson was in-
structed. He, therefore, hoped the Court would allow him
time, the prisoner liming been unhappily left without the
assistance of his two Learned Counsel.

The SOLICITOR-GENERAL said he believed the proper
course for him to take was to move, in the first instance, to
have the return filed.

Lord Di MAN—That cannot be—you are not in Court.
The writ was returnable on the 18th of January, and the pro-
ceedings have been delayed till after term. We are now
sitting as a single judge in chamber would, but in a matter
of this importance it was thought right that more than one
judge should sit.
Mr. ROEBUCK—Can an action then be brought till the re-
turn is filed ?

Lord DusmAx—Certainly. It is the object of the habeas
corpus that it be proceeded with immediately. The course
is to have the return filed after hearing. With regard to the
application made by the Learned Counsel (Mr. Roebuck), I
own I find it difficult to believe that the Learned Counsel
who were engaged in the early part of this case would have
left the prisoner, and that they would have deserted him
now. And, with regard to the novelty of the statement,
papers, bearing the signature of the prisoner, and setting out
all the facts, were sent to me most improperly, out of Court,
months ago ; and, in fact, there is no surpriss at all, except
with regard to the Learned Counsel now engaged for the
prisoner.
The Soucnou-GENERAL—Although Mr. Roebuck has
been but lately instructed, their Lordships were aware that
the return now read was but an echo of the affidavits which
were for months before the Court.

Mr. ROEBUCK said he did not know anything about that.
The Soucrroß- GENERAL—We understand perfectly your
case.

Mr. ROEBUCK-I cannot undertake the case under such
short notice as I have received. That is the difficulty in
which lam placed, from the peculiar circumstances men-
tioned to your Lordships.
The Souceron-GENEnat.—One of the objections to the
adoption of the course suggested by my Learned Friend is
the great inconvenience and delay that would attend it. Of
course, I have a great disinclination to press on the case,
under the peculiar circumstances mentioned by my Learned
Friend ; but I do hope that some arrangement will be made
which will relieve us from the obligation of keeping the
traverser any longer in prison. With a view to facilitate this
course I have no objection that Mr. Wilson should be ad-
mitted to bail upon his own recognizance, and to appear at
an early period next term.
Mr. RoEnucx—My Lords, under the very peculiar circum-
stances of this case I have been instructed to say, that Mr.
Wilson cannot enter into any compromise whatever, and
that he would rather be remanded to the Queen's Bench.
The SOLICITOR-GENERAL-But that would be attended with
considerable expense, for Mr. Wilson has, up to this time,
been maintained in prison at the expense of the Royal Court.
Mr. Wilson here stated to his counsel that he never was
maintained at the expense of the Royal Court; that he had
borne all the expense himself.
Mr. ROEBUCK—I am instructed, my Lords, that Mr. Wil-
son has borne the expense of maintaining himself all through.
The SOLICITOR-GENERAL-MT. Wilson has had the prison
allowance; but he chose to indulge in other luxuries, for
which, of course, he had to pay.
Mr. Wilson—l never received the gaol allowance but the
first day.

Ri:EoEsucic—l am instructed, my Lords, that the state-
ment of my Learned Friend the Solicitor-General is incor-
rect in this respect.

Lord DEN:4.t.N—Wc want to kno:v n,),mt thtl:
but my learned brothers and myself are of opinion that this
case should be put an end to. It is very extraordinary,
after the great length of time which this case has
already occupied, and the pains that have been bestowed
upon it, both by myself and the two Learned Judges who are
now beside me, that some decision should not be come to now
upon it. If we had the Learned Counsel who were engaged
for the defence here, to state upon what grounds they im-
pugned this writ, or whether them were any grounds for im-
pugning it, perhaps there might also be given some reason
for asking for further delay; but we have heard no grounds
stated for impugning it, for Mr. Roebuck has stated none,
and, therefore, I am not justified in saying that the prisoner
should be remanded. The very nature of this proceeding—the
very nature of a habeas corpus—requires that great caution
should be exercised in coming to a decision upon it, but great
promptitude is necessary also, and therefore a decision in
this case there must be. I have sacrificed much time in con-
sidering it—timethat I was not j :stifled in applying to it—in
trying to bring it to a close; but, having done so, I have no
objection to render any assistance my information may
afford to the two Learned Judges who are now present, and
who are to be considered as sitting in chamber; and I would
suggest that they should attend to-morrow and deliver judg-
ment.

The SOLICITOR •GENERAL -I !should alio have stated to
your Lordship; that I made my arrangements so as to devote
myself entirely to this case to-day, and have with that view
refused to undertake other business; but it would be utterly
impossible for me to attend to it to-morrow, that i 3 quite out
of the question.
After the lapse of a few minutes,
Mr. ROEBUCK rose and said—My Lords, I have been in-
structed to say that Mr. Wilson will enter into his own re-
cognizances to appear at whatever time may be fixed.
The Somerrom-GENERAL—I an quite satisfied, but I
could not attend to-morrow.

Mr. RoEnucK—l hope, my Lords, that I stand acquitted
of any imputation of causing delay.
Lord DENMAN-Oh, there is not the slightest imputation
of anything of the sort against you, Mr. Roebuck.
Mr. Ronnuctc—Shall we be allowed to have a copy of the
writ, thoughit has not been filed?
The SOLICITOR-GRNERAL--Oh, certainly; I shall take care
that you have a copy of it to. day. Then, as to the day, what
day will your Lordships fix?
Lord DEzotAN—Say the seventh day of next term.
The Souctvoa-GENEa.u.—Perhaps your Lordships would
say Tuesday, the 22d day of April next.
Their LORDSHIPS assented, and that day having been fixed,
the Court rose.