The Sun.
London, England, 1844-09-03 00:00:00

ebtrb Mbition

SUN OFFICE, Seven o' Clock.

PEACES OF SHARES

IN CANALS, RAILWAYS, BANKS, ASSURANCE
AND OTHER COMPANIES' STOCK.

LONDON, TUESDAY, SEPT. 3.

SPIRIT of the PUBLIC JOURNALS.

FROM THE:EVENING PAPERS OF THIS DAY.
GLOBE.—The questions propounded by the House
of Lords, in the case of the Queen v. O'Connell and
others, and referred to the Learned Judges for their
opiedon, were yesterday itessvered. A majority of the
Judges agree in opinion that the verdict and judg-
ment are valid ; and, as a necessary consequence, the
House of Lords will confirm both. The answers of
the Learned Judges to the several questions were
ordered to be printed ; and the judgment of
the House of Lords will be formally pronounced
by the Lord Chancellor to-morrow. Although
the verdict and judgment are thus vir-
tually affirmed, by the agreement in opinion of a
majority of the Learned Judges that they are valid ;
there exists a difference of opinion respecting the va-
lidity of the judgment. Two of the Learned .Judges,
Mr. Justice Coltman and Mr. Baron Parke, have de-
livered an opinion that the judgment of the Court of
Queen's Bench (Dublin) ought to be reversed; while
the whole of the Judges agree in opinion that the 6th
and 7th counts of the indictment are bad ; and that the
conviction and judgment upon them ought not to be
sustained. The Times is " rejoiced to see that
the Irish Court of Queen's Bench has been
saved from the odium and the disgrace of
having sentenced several persons to a gaol on a
conviction generally condemned by sound law-
vers for looseness and informality." 'We cannot sym-
pathise: with our Contemporary in the satisfaction,
rising to extacy, on the escape of the Irish Court of
Queen's Bench from the consequences of a reversal of
its judgment, because we do not see that it has esta-
blished a claim to the profound legal discrimination
which is affirmed in its behalf. The Judges of
England unanimously decide, that " the sixth and
seventh counts of the present indictment are so bad,
that if the indictment consisted of those counts alone,
it would be impossible to give any judgment against
the defendants upon the verdict." Yet, upon these
very counts, the Judges of the Irish Court of Queen's
Bench, upon a motion in arrest of judgment, refused
the application; by deciding, in the words of one of
these legal luminaries, that "the sixth and seventh
counts of the indictment were unexceptionable." These
counts, unanimously declared " bad " by the unani-
mous voice of the English Judges, were those which,
par excellence, the Irish Judges referred to as the pillar
and ground of the judgment they delivered against
the motion in arrest of judgment ! Mr. Justice
Perrin expressly declared that :he concurred in re-
fusing the motion, upon the ground that the " sixth
and seventh counts were unexceptionable." Mr. Jus-
tice Crampton thought it unnecessary to enter into
the merits of the first five counts, upon the ground
that the sixth and seventh were " legally good and
sufficient in substance and in form.' The Lord
Chief Justice declared every count of the indict-
ment to be good and sufficient in law, " particu-
larly the sixth, seventh, and remaining ones." Out of
this contrariety of opinion between the judgment of
the Irish Court of Queen's Bench and the English
Judges, on whose answers to the questions sub-
mitted to them the House of Lords will decide the
appeal of the convicted parties, arise the principal
questions. Whether, as there were some bad counts
in the indictment—as the defendants had been
found guilty upon each—and as the judgment
was general, and the quantum of punishment a
matter in the discretion of the Judges, a part,
at least, of the punishment was not awarded upon
the bad counts. And, as it was impossible to as -
certain how much had been, as the whole might
have been, so awarded, the defendants were not,
in fact, punished for what was, in law, no offence ?
These questions appear to have pressed on the minds
of the Learned Judges Coltman and Parke, and con-
ducted them to the conclusion, that the verdict and
judgment could not be sustained, and therefore ought
to be reversed. To presume that the Irish Court of
Queen's Bench must have ,awarded the whole of the
punishment upon the good counts, and none of it Upon
the bad, may be law, but will scarcely be concurred
in by public opinion as founded on substantial justice.
Mr. Baron Parke's observa.tioni are especially worthy
of consideration. They are founded on the principles
of " substantial justice ;" to secure which, the law it-
self, as a system, is supposed to exist ; and failing to
secure which, it is worse that worthless. They derive
additional force from the acknowledged high character
of the Learned Judge by whom they were delivered, who
stands second to none of his Learned Brethren in those
'attainments for which the English Judges are distin-
guished. And, influenced by the reasons which he as-
signed, and sustained by an argument distinguished for
clearness, and convincing from its extraordinary legal
ability, the learned Baron " felt himself compelled to
give an opinion contrary to the majority of his
Learned Brethren." The House of Lords will, of
course, feel itself called upon to pronounce a judg-
ment in accordance with the opinions of the majority
of the learned judges, and maintain the verdict and
judgment of the Court below. Another question—
and one on which we will not now enter—is, What
course will Sir Robert Peel advise his Royal Mistress
to adopt, under all the circumstances of this extra-
ordinary case ?
STANDARD.—The proceedings against the Irish
repeal conspirators, which have so much occupied
public attention now for almost eleven months, ap-
proach their 'close. Yesterday the judges, to the
number of nine, delivered their answers to the ques-
tions proposed to them; seven in favour of affirming
the judgment of the Irish Court of Queen's ;Bench ;
two—Mr. Justice Coltman and Mr. Baron
Parke—in favour of reversing the judgment,
but avowedly upon a phrely technical ground.
We are not free at present to canvass
the opinions or arguments of the Learned Judges,
and though we think that some of these opinions and
arguments are open to reasonable and serious objec-
tion—for example, Chief Justice Tindal's notion that
"Intimidation," not being vocabulunz artis, cannot, by
any combination with other words, be made to de-
scribe an offence; or the doctrines of Justice
Coltman and Baron Parke, that an insufficient
count in an indictment vitiates all other counts
in that indictment, though not repugnant to them,
but perfectly supporting them as far as it has mean-
ing—the time for investigating these notions (we will
not call them crotchets) has not yet arrived, and we
are
readers upon the general result of the judges' answers.
This well
general ten
ult, to
as to which all the judges
conrteesd be able to congratulate our
are unanimous, establishes these propositions.
That the proceedings of the Repeal agitators
did, in fact, constitute a most criminal con-
spiracy, and a conspiracy illegal at common
law. The establishment of this principle is worth
all the labour, anxiety, and expense of the process,
great as these have been. Next, it is established
that the charges against the conspirators were fairly
and candidly laid, without undue art or forced con-
struction. Thirdly, it is solemnly and unanimously
declared by the judges, that the proceedings at
the trial were perfectly fair, and that all the
complaints about the jury lists were false or
frivolous. This has been ordained, and this—we
repeat it—was worth contending for, at whatever
cost. Some of our Contemporaries, seized w!th a
sudden fit of tenderness, hold that the conclusion of
the investigation presents a fitting occasion co let
loose the conspirators. Why ? Because they have
enormously aggravated their original crime by the most
disgracefully wicked and the most insolent line of de •
fence that ever outraged the majesty of justice? Or
is it because they, to the utmost of their power,
prosecute their original crime ? We say now, as
we said nine months ago, that peace, not vengeance,
ought to be the object of a State prosecution; and
that if the liberation of the prisoners could be made
conducive to peace, or even compatible with peace,
they might be properly liberated. Their whole con-
duct during the tedious trial, and up to the present
day, has been directed to render any indulgence to
them irreconcileable with the tranquillity of the
country and the safety of all established order. But
more of this hereafter.

COURSE OF EXCH.
Amsterdam CF. 12 5
Ditto, at sight l2 34
Rotterdam 2U. 12 5
Antwerp 25 85
Hamburgh M.B. 13131
Altona l3 14
Paris, 3 days' sight 25 60
Ditto, 3 months 25 85
Marseilles
Bourdeaux 25 90
Frankfort on Maine l2l
Petersburgh, 3Us 37
Berlin 7
Vienna, effec. 11.3 M 952
'I rieste, ditto
Madrid 37
Cadiz
Bilbao 36
Barcelona 36
Seville —

LNGE.—(THIS DAY.)
Gibraltar
Leghorn 3O 50
Genoa 25 85
Milan
Venice 47
Naples ........
Palermo, per oz llBk
Lisbon 544
Oporto s4i
Rio Janeiro 23
Bahia 23
Buenos Ayres
NewYork,2ldys sight
Philadelphia
PRICES OF BULLION, PER OZ.
Foreign Gold, bars. .£3 17 9
Portugal Gold Coin 3 17 ,5
New Doubloons-- 0 0 0
New Dollars
Silver in Bars

THE LONDON GAZETTE.

(THIS EVENING.)

CAMBRIDGE HOUSE, SEPT. 2.
His Royal Highness the Duke of Cambridge has been
pleased to appoint Edmond St. John Mildway, Esq., to
be one of his Royal Highness's Equerries. His Royal
Highness has also been pleased to appoint the Rey. Ro-
ger Dawson Duffield, M.A., of Downing College, Cam-
bridge, to be one of I • Royalllighness's Chaplains.
his

WHITEHALL, AUG. 14.
The Lord Chancellor has appointed Richard Waring,
of Luton, in the County of Bedford, Gent., to be a
Master Extraordinary in the High Court of Chancery.

BANKRUPTCY SUPERSEDED.
JAMES BATTEN, sheep-sales❑an, Tilehurst, Berk-
shire.
JOHN CHAMBERLAIN liNILL, tailor, Gloucester.

BANKRUPTS.
JOHN BROWNE, saddler, King's-cross, to surrender
Sept. 11, at twelve, and Oct. 15; at two, at the Court of
Bankruptcy. Alsager, official assignee, Birchin-lane,
Cornhill ; Badham and Houghton, Verulara-buildings,
Gray's Inn.

WILLIAM COP-13 EIITHWAITE CLOUGH, apo-
thecary, Eye, Suffolk, Sept. 11, at one, anti Oct. 15, at
eleven, at the Court of Bankruptcy. Whitmore, ofriclal
assignee, Basinghall-street; Archer, Stowmarket, Suf-
folk ; Jones, Trinder, and Tudway, John-street, Bed-
ford-row.

CHARLES JAMES BANISTER, linendraper,
Derby, Sept. 13, at half-past ten, at the Court of Bank-
ruptcy. Green, of at•signee, Aldermanbury ; Mot-
tram and Giddy, Birmingham ; Smith, Bedford-row,
London.

JOSEPH WOODHEAD and JOHN WOODHEAD,
worsted stuff manutacturers, Bradford, York: hire,
Sept. 13 and Oct, 11, at eleven, at the Leeds District
Court ; Freeman, official assignee, Leed.:; Gregory
and Co. Bodford-row, London ; Wavill,
HENRY HALL, cattle dealer, Smalesmouth, North-
umberland, Sept. 1.2, at twelve, and Oct. 10, at two, at
the Newcastle-upon-Tyne District Court. Waldey,
official assignee, Newcastle-upon-Tyne ; Bell and Co.,
Bow Church-yard, London ; Carrick and Lee, Bramp-
ton ; Bates and Dees, Newcastle-upon-Tyne.
ROBERT KINDER MANN, wine merchant, King-
ston-upon-Hull, Sept. 18, at eleven, at the Leeds District
Court. Hope, official assignee, Leeds; Ti:son and Co.,
London ; Wells, Hull ; Ilorsfall and Harrison, Leeds.