The Sun.
London, England, 1829-12-05 00:00:00

THE MANCHESTER DINNER.

About six o'clock in the evening, a party of fifty-five
gentlemen, including some of the most wealthy and respec-
able of our Scottish residents, with a few English friends,
sat down in the York Hotel, in King-street, to a most
sumptuous dinner, which, although the first public enter-
tainment provided by the landlord, Mr. Swyer, was served
up in a style that would have done credit to the most ex-
perienced restaurateur. Edward Connell, Esq., of St.
Peter's Cottage, filled the chair, and Captain Hay the rice
chair. The excellent band of the Ist Dragoons was in at-
tendance in an anti-room, and one of the pipers of the 93d.
On the cloth being removed, the following toasts were
given from the Chair, with a few introductory remarks to
each :—" The Kiag, Duke of Rothsay, and Baron Ren-
frew" (four times four). " The Duke of Clarence and
the rest of the Royal Family," (three times three)—Band,
" Rule Britannia." " The Duke of Wellington, the Hero
of Waterloo"—Band, " See ! the Conquering Hero."
. The PRESIDENT, in proposing the memory of the
" Gude St. Andrew," expressed his trust that all Scots-
men, both those who remained in their native country,
and those who, after " wandering mony a weary fit," had
settled elsewhere, would still gather themselves together at
every annual recurrence of this festival. In this town
these meetings had not been observed with unfailing regu-
larity, but as it was now proposed to form a society in
connection with these anniversaries, and as the benevolent
purpose of establishing a school was also proposed to be
attached to it, he hoped that a greater degree of regular*
would attend their future meetings. For himself, he cor-
dially hailed the proposal, and trusted that it would re•
ceive adequate support. He then gave " The memory of
the pious and good St. Andrew," in solemn silence.
The PRESIDENT, in proposing " The Land o' Cakes,"
observed that lie could say nothing that Would add to the
warmth of those feelings and recollections which. were
called up by the toast, whether they looked back to the
family firesW of their infancy, to " those simmer days

when they pain,l ;n the burn," or to those more advanced
years when ti en. first lagan to throb at the sight, of
a bonnie lassie. When they considered also the present
secure and pe.u.'eable state of their native country, as con-
trasted with the turbulence of former times, the toast
afforded matter I,Oth for warm and pleasurable reflection.
" The Land o' Cakes."

Mr. OONNELL-Having drank the land of cakes, we
must not forget the hospitable land we live in.—(Immense
cheering. )--Our southern friends joke us that we don't like
to go hack again.—(Laughter.)—But I have a good set-
off against these gentlemen, for I tell them that some of
them would gladly be Scotsmen if they could.—(A laugh.)
—Where is there a fair fabric in society that is not well
sprinkled with Scotsmen ?—(Cheering and laughter )
—Without them things certainly don't go on well.—(A
laugh. )_This brings to my recollection an anecdote of a
Scotsman who had long lived in London, and who had
been sore pressed by some Cockneys about the unwilling-
ness of the Scots to return to their own country. Egad,
Gentlemen, (says he) take care what you're about, for
faith if a' the Scotsmen in London were to gang aff, you
might stick a ticket upon Temple-bar, ' A toon to let.' "
—(Great laughter,)
The PRESIDENT in proposing the next toast observed,
that since the Union the prosperity and happiness of Scot-
land has been progressive. He wished to God that their
fair sister Erin were equally happy, content, and prosper-
ous. But he trusted the day was not far distant when she
would appear-in all her strength and beauty, and when
the three united kingdoms would present to the world the
aspect of a spotless family, free, happy. and brate.—" The
Rese, the Thistle, and the Sharnroek."

The PRESIDENT, after a few complimentary remarks,
proposed " the Magistrates of the Division."
The PRESIDENT, in proposing the Authorities of the
Town, observed, that when they got gentlemen, at great
inconvenience to themselves, to watch over their domestic
peace, they were bound to cheer then on in the discharge
of their duty, and to assure them of their best support.—
(Cheers. )—They were all happy in having at this moment
officers so efficient and so respectable.
,The BOROUCHREEVE, in returning thanks for the com-
pliment paid to himself and his colleagues brso respect-
able a company, stated that if they received the approba-
tion of their townsmen, it would be the greatest satisfac-
tion they could obtain.
The PRESIDENT said, that although there were not yet
arrived at the winking hour of midnight, the time was
come when they must drink to a band of witches—not
however, those whom Burns describes as
Wither'd beldams, auld and droll,
Rigwiddie hags wad spear a foal."
but rather resembling the " bonnie burdiLs" imagined in
the succeeding lines of the same poet, which he repeated
with great effect. He then gave--" nose ' plump and
strapping queens,' the Lancashire Witches."—Three times
three and one cheer more.

The BOROUGHREEVE proposed the health of the gentle-
man who had so satisfactorily and ,ably filled the Chair
that evening.—(Great applause.)
The PRESIDENT, in returning thanks, said they bad
spent a very pleasant evening, and in the words of the air
they had just heard, if there was ony luck about the
house, while he was gudeman, the hick wad na gang
awa' for a guid while yet.—(Loud laughter.)
The CHAIRMAN, in proposing "The Towns and Trades
of Manchester and Salfimd," hoped that although a cloud
bad for some time hung over our commei cial horizon, it
would soon be dispelled, and we would yet Lave better
times.

Mr. CONNELL then proposed " The health of William
Grant, Eq. and our countrymen who are celebrating this
day in Salford."—(Cheers.) As countrymen they were
well entitled to the regards of the compariy, and be was
glad to find that the two parties were provoking each other
to good works. A more liberal, a better hearted man than
Mr. Grant, did not exist in this or any other country.—
(Cheers. )—Drunk with three times three.
Mr. WALKER, jun., in proposing " the health of our
countrymen all over the world " read the following extract
from a poem, written for the occasion of the Liverpool
St. Andrew's dinner, in 1527

My countrymen ! at this same hour,
Where Ganges distant waters pour;
Where swells Jamaica's verdant land;
Where stretches Afric's deadly strand;
Wherc'er is heard the ocean's roar,
Or Commerce glads the foreign shore :
Where'er is spread the lofty sail,
This day rejoicing Scotchmen hail!
It brings to mind the days long sped,
When gallant Scots " Wi' Wallace bled ;"
Their ain firesides it brings to min'
And loud they chorus " Auld lang sync,"
And scorn the wretch, whose heart, whose face,
Ne'er turns to home, that holy place.
And shall, not we, then pledge, to day,
Our Brothers who are far away ;
And shall not we our love proclaim.
Of a' that loves and moves at haute? -
Yes! we will drain th' inspiring bowl,
And share the genial flow of soul :
While full the stream of friendship runs,
We'll drink to England's, Erin's, sons :
Our prayer—that long in peace repose,
The Thistle, Shamrock, and the Rose.

The toast was drank with much enthusiasm.

The PRESIDENT said, that the words of the last song
recommended that they should cherish and love one an-
other, a sentiment which they could not too closely or
earnestly cultivate. There were some friends present who
had not been born north of the Tweed, and who had this
evening given proofs of that kindly feeling. They were
not Scotsmen, but that was not their fault,—(Laughter)—
and they were entitled to the thanks of the Scotsmen
present, for favouring them with their company. " The
gentlemen not born north of the Tweed who have favoured
ns with their company to-day,"—(Three times three and
one more )
Mr. R. C. SHARP rose to return thanks, as one of those
who had the misfortune not to be born north of the
Tweed.—(Laughter.)—He had been proud to accept the
invitation so kindly sent him, because although born in
this town, and proud of the name of Englishman, he was not
less proud that he was connected with Scotland by mar-
riage.—(Applause.)—He was quite sure that both be and
the other strangers present were most happy, to meet to-
gether so many natives of the " land of the mountain and
the flood," whose sons were pre-eminently distinguished
for heroism and bravery, and whose daughters stood
among the very foremost in the ranks of virtue and
beauty.—(Cheers.)—For the heroic deeds and venturous
exploits of Scotia's sons, it was not necessary to revert
to the ancient annals of her history, since they shone
forth so gloriously i❑ the late protracted war. He need
only refer to the names of Abercrombie, Moore,Hope, Dal-
housie, and Graham, to prove that during the momentous
struggle, Scotland had sent forth a host of brave men.—
(Cheers.)—The hospitality of Scotland was not less con-
spicuous than her bravery. Her arms were ever open to
the strangers who visited her shores ; and there never was
a man, deserving of the name, who visited Scotland, with-
out receiving the most gratifying proofs of her hospitality.
—(Cheers.)—Mr. Sharp concluded by proposing---" The
health of the Stewards.
Mr. BARBOUR returned thanks on behalf of himself and
the other Stewards. He hoped these Meetings would long
be kept up. There was a pleasure in once a year throw-
ing aside the distinctions which prevailed amongst them,
and in calling to recollection the early:scenes of their lives;
and he was gratified to find that there was an intention of
conjoining with those Meetings objects of a higher and
nobler character.

The PRESIDENT gave, " The Universities of Scotland,
which had long maint lined a high rank in the literary
world. Long may they-flourish and send forth their sons
thoroughly furnished for every good work."
The Rev. Mr. WILSON, of Liverpool, returned thanks.
He had been educated at St. Andrew's, which though not
the largest is the most ancient university in Scotland. St.
Andrew's College had sent forth a number of illustrious
men, amongst whom was the learned historian Buchanan,
who was its regent, and Mr. Ivory, the celebrated mathe-
matician, who had been peculiarly honoured by Buo-
naparte. Professor Leslie, of Edinburgh, was also an
eleve of that College ; and Chalmers, the boast and glory
of the Scottish Church, had likewise been educated there.
The Reverend Gentleman, after some further remarks in
praise of St. Andrew's College, proceeded to observe, that
to the national Church of Scotland, in conjunction with
the Universities, .that country owed all her greatness
and glory. What would Scotland be without her
Church and her, Universities ? It might be a land
covered with red heather, but it would be a poor and
miserable corner of the kingdom. The introduction of
the study of the Greek language into the Scotch Univer-
sities was coeval with the reformation, and such was the
zeal of our reformers to promote the interests of learning,
that Andrew Melville, one of the regents of St. Andrew's,
consented to go to Glasgow in order to gather together the
scattered students, though he had the promise of nothing
more than a bare subsistence. This called to his remem-
brance the situation in which he stood this day. He had
accompanied a young clergyman (the Reverend William
Sorley) to this town, whose purpose in visiting Man-
chester was to open a national church, in which his coun-
trymen could worship God as in their early (lays. The
love lie bore them had prompted him to this duty, and it
was gladdening to see a Christian minister animated by
such a spirit. The respected Chairman had requested
him to propose as a toast, " Sir Walter Scott, and the
living poets of Scotland." Poetry had to do with all that
was ennobling and elevating i❑ roan, Sir Walter Scott,
by his writings in verse and prose (tor in his latter pro-
ductions there
.was much of poetry) had thrown around

Scotland an enchantment, by painting with his force and
brilliancy the days of; former years, and had rendered the
country an Object of the greatest attraction. The lakes
were now visited. by individual* of all nations, in conse-
quence of the delightful de-criptions which bad been gives
by S;t: Walter Scott of their scenery. Then there was
Campbell, whose Micity of expression and purity of de-
sign Were conspicuous in all his writings, who, he be-
,ieveJ, had not written a single line,
" Which, dying, he would wish to blot."

And, finally, he would include Allan Cunningham ; who
doubtless was now celebrating the anniversary of St. An-
drew with his countrymen in London.
Mr. BURT, after a few remarks on the excellent consti-
' tution of the Church of Scotland, and the character of her
ministers, proposed a bumper to" The Kirk of Scotland, and
long may it flourish." The Rev. Mr. RALPH, from Liver-
pool, returned thanks at sonic length, and in the course of
his address alluded to the object for which he and his cle-
rical brethren had visited Manchester. If the Church of
Scotland, said he, had any feature in its character more
peculiar than another, it was the quality to produce an in-
tellectual people. Its sermons, its prayers, its whole form
of worship, the pastoral visits of its ministers, its admirable
catechisms, and above all, its parochial schools,—all
these were calculated to produce a refined and thinking
people. From this combination of causes the fireside
enjoyments of the humbler classes in Scotland were ren-
dered more refined than those of the peasantry of this
end of the island. The reverend gentleman proceeded
to oberve, that a few months ago he had the honour
of being associated with two of the most distinguished
ministers of Scotland (Dr. Andrew Thomson and Dr. Dun-
can) in a visit to this town for the purpose of promoting the
spiritual interests of the natives of Scotland who resided
there, by the establishment of a national church. In pri-
vate he and his colleagues had met with the most refined
and generous hospitality, and in public a liberality unex-
ampled. A deputation for the same purpose had again
arrived, and had experienced a Most cordial welcome.—
Their object was not sectarian. They ardently wished
that religion might be promoted ; and, knowing that a
national church was much wanted in-the town, tkey were
anxious to render all the assistance in their power to-
wards establishing one. Their exertions for this measure
had arisen from an earnest desire to promote the best inte-
rests of the Scotch people in this town:
The CHAIRMAN proposed the health of the Rev. Win.
Sot ley, which was drunk with every mark of respect.
Mr. Soarant returned thanks in an able and energetic
speech. The kind reception which he had experienced
from the company would ever be deeply impressed on his
mind; and the warm approbation which had been be-
stowed ON the object for the promotion of which he had
left Scotland, could not fail to call forth the most grateful
feelings. If the enterprize in which lie had embarked
did at first view, and on the mere calculation of
human probability, appear to a too suspicious, per-
haps, and distrustful mind, somewhat unpromising,
he had seen enough to day, and he had only been
that day in town, to convince him that the Scotch
inhabitants of Manchester would never allow any
shoot from that goodly tree of religious knowledge whose
branches overspread the land which they had left, and
whose sheltering shade protected and blessed their early
years, to wither, to languish, and to die, from the care-
lessness of cold neglect, or from the cruelty of active oppo-
sition. He was sure they would nurse it with a delicate
and kindly hand during the feebleness of its infancy, and
among thedifficulties that obstructed its progress in this
foreign soil. And he would ever look back with un-
ntingled pleasure to the period of his abode in Manchester,
if, before the termination of his short engagement, he may
be of any service to his countrymen in forwarding those
plans which will enable them to choose a pastor, who by
his faithful and diligent ministration may fix their hopes,
and increase their comforts, and gladden their hearts.
At half past ten o'clock, William Grant, Esq., who
had occupied the Chair at the Salford dinner, arrived,
along with John Walker, Esq., to pay the compliment of a
visit to the party dining at the York Hotel. They were
received on his entrance into the room with three sheers
by the company. A bumper was also drunk to the health
of these two gentlemen, with three times three.
Mr. GRANT, in returning thanks for the enthusiastic
teception he had met with, addressed the cotnpauy at
some length; and Mr. War.xxn having also expressed his
acknowledgment, they soon after left the room, amidst re-
iterated cheers.

The PRESIDENT gave the health of ten gentlemen who
had volunteered their services as stewards for the next an-
nual meeting.
Dr. BRAID, one of them, returned thanks, and proposed
that next year the two parties who were this year dining
separately, should meet in one company, to celebrate their
national anniversary. Dr. B. then offered some observa-
tions on the proposed charitable institution to be established
in connection with that anniversary, and suggested that
some fund should be set apart, on the principle of the
Highland Society of London, for the relief of deserving
Scotsmen reduced to embarrassment and distress through
unforeseen and unavoidable causes.

The PRESIDENT observed, in reply to Dr. Braid's re-
marks, that he was not prepared to state the precise ob-
jects and purposes of the proposed society; but a meeting
would lie held in January for the special purpose of con-
sidering the matter, and Dr. Braid or any other gentle-
men, might then attend, and make any suggestion that
might be deemed desirable.
A great variety of other toasts and sentiments were
afterwards given, including " The memory of Burns,"
which was not proposed until a late hour. At half-past
twelve Mr. Connell was still in the chair, and seemingly
determined to fulfil his promise "not to budge for a
while yet." The meeting was characterised by a happy
union of conviviality with strict propriety of demeanour,
and a pleasing and uninterrupted exhibition of sociality
and good humour.

THE ARMY.

(From the Limerick Chronicle of Wednesday.

To-morrow morning the following Companies of the
60th Rifles march hence to replace the-62d Regiment :
Major Glenie's company, with Lieut. Corbett, to Bruff.
Captain Cm Ins and Lieutenant Pasley, to Rathkale. Capt.
Goldfrap and Lieut. Powis, to Newcastle ; and Captain
Piggott's company, under Lieut. Bullman, with Lieut.
Bunbury, to Glanasheen. -
To-morrow, at one o'clock in the afternoon, the lead-
quarters of the 60th Rifles and 62d, will exchange Bar-
racks ; the former to the Castle and Square, the latter to
the New Barracks.

Captains Nair, Bagot, Pender, and Burgess's companies
of the 62d Regiment arrive here to-morrow.
There was a grand review of the 87th Royal Irish Fu-
sileers at Manchester on Saturday, by Major-General Sir
Henry Bouverie, when this distinguished Regiment exe-
cuted a variety of movements with the rapidity and accu-
racy of veterans in discipline. The 87th is now composed
of all young men. The new Royal uniform will be milli
by the Regiment next spring.
• The right wing of the 3d Battalion Grenadier Guards,
under Colonel Higgins, commenced its marched on Mon-
day, from Brighton to Windsor, to do the Royal duty.
Monthly returns dated 25th September, have been re-
ceived from the following Regiments at Malta :-7th
Royal Fusi'eers, 10th, 11th, 18th, 28th, 80th, 85th, 88th,
90th, and 95th; also, returns, dated 25th of October,
from the 12th, 23d, 42d, 43d, 73d, and 94th Regiments
at Gibraltar. The troops in both stations enjoy perfect
health.

We regret to hear that Sir Mathew Tierney hal just
received an account of the doath of one of his nephews,
Lieutenant John Tierney, of the 40th Regiment Bengal
Native Infantry, at Mahow, in the East Indies, in the
24th year of his age. This young gentleman, who ditd
of an attack of spasmodiC cholera, after an illness of
seventeen hours, was the second son of Thomas Tierney,
Esq. late Paymaster of the 43d Light Infantry. His
amiable qualities so gained him the esteem of his brother
Officers, that they intend erecting a Monument to his
memory.

Lieutenant-General Lord R. E. 11. Somerset, ALP.
is appointed Colonel of the Ist (Royal) Regiment of
Dragoons, vice General Thomas Garth, deceased.—
Major-General Sir John Elley, K. C. B. Governor of
Galway, succeeds to the Colourlcy of the 17th Lancers,
vice Lord R. E. Somerset, appointed to the Ist (Royal)
Regiment of Dragoons.

Despatches for Sir JAMES KEMPT, the Go-
vernor-General of the Ctnadas, were sent off on Thursday
night from the Colonial Office.
It is said that it iS the intention of Govern-
ment to have the cavalry barracks near Kensington Gar-
dens pulled down, and also the unsightly cottages adjoining
them, which, as well as the barracks, are in a very dilapi-
dated state. The barracks are merely used as a station by
a detachment of Light Dragoon Guards, aho are employed
in the express duty between London and Windsor, &e.
The troops who perform the above duty will then 'be
stationed in the cavalry barracks at Knightsbridge, which
will. prevent the facility which the present barracks afford
the men of scaling the walls at night when they please,
which was proved at the Coroner's Inquest held on the un-
fortunate woman who was found murdered hi AdiliSim's-
huie, Kensington.

.:F_:
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SPIRIT OF TIME PUBLIC 'JOURNALS.

The renewed discussion respecting the Police
may not be without its use, in leading men to re-
flect on the proper end of Government: When
we know what the end of Governinent is, we
shall know what Government ought to do, and
what ought to be left to the discretion of indi-
viduals. In almost all the discussions on this
subject, there is nothing so common as the re-
ferences to history, and yet nothing serves more
to perplex a question than an injudicious histori-
cal reference. Because a measure was beneficial
under certain circumstances, it does not follow
that it would be beneficial under other circum-
stances, and therefore, however valuable the les-
sons that may be derived from a judicious peru-
sal of history, we must always bear in mind, that
we are rot to look to it for precedents to be
slavishly followed. The progress of mankind
from a rude to a civilized state is a very del, ions
one, and measures may be called for to meet the
evils of one period, which, if retorted to at another
period, might themselves be productive of evil.
Thus, for instance, in the feudal anarchy of Eu-
rope, the privileges of Corporations might tend
greatly to promote civilization, while, under a
more improved social state, the same privileges
might be found a great impediment. Thus the
civilization of Europe, and of England in par-
ticular, was promoted by the success of the
Monarchs in crushing the- nobility ; and

those countries in which the Nobles re-

:ained their power, as Poland and Scotland,

bore testimony, by their stationary condi-
tion, to the benefit produced in the others, by
the triumph of Royalty. This is well put by
Sir Walter Scott in the volume of the History
of Scotland forming part of Dr. Lardner's Ca-
binet Cyclopedia, just published. " In Govern-
meLt and Constitution (he says) the I:Iglis!'
and Scotch Kingdoms had originally the strong-
est resemblance to each other, both being founded
upon the feudal system, at this time universally
adopted in Europe. Indeed, before the reign
of Henry VII. there was little difference betwixt
them. But the wars of York and Lancaster
had swept off such numbers of the English No-
bility, and left those who remained so shorn of
their power, that that politic Prince had no
difficulty in executing his deep-laid purpose of
depriving the Aristocracy of their influence in
the State, and raising the Crown to that height
of power which it displayed under the House
of Tudor. This scheme, to which the intro-
duction of mercenary troops instead of feudal
levies greatly contributed, was slowly and silently
operating to increase the power of the Clown,
and diminish that of the Peers ; and the Bo-
roughs and Commons of England, whom the
King favoured as a weight in his own scale, were
yet more imperceptibly gaining consequence in
• the Constitution. But in Scotland the Crown
was possessed of very little power, and the King
could scarce be considered more than the first.
Baron of the Kingdom, subject to be restrained,
imprisoned, dethroned, and slain, at the pleasure
of a turbulent Aristocracy
difference betwixt the lower orders in the two king-
doms was such as might be expected from the com-
parative point of civilization to which each had
attained. In England, the merchants were pos-
sessed of great capital ; the principal citizens
were skilful and thriving ; the ordinary °tics sub-
stantial and easy, living under the protection of
equal laws. The yeomen and farmers, in a great
measure loosened from the dominion of their
Lords by the law against feudal retainers, and
other laws in favour of personal freedom, were
possessed of opulence, and employed themselves
in improving the agriculture of the country.in-
stead of following their Lords to battle. In
Scotland this was all diametrically reversed. .
. . . The farmers, who were in absolute de-
pendence on the landlords, rode up and down
the country in armour attending upon their
Lords, while the labours of the farm were left to
old men, women, and children if
a farmer took a lease over the head of another
which his poorer neighbour could not afford, the
dispossessed agriculturist would kill his successor
to be revenged of his avaricious landlord. Nu-
merous laws were made to suppress these evils,
but in vain ; the Judges seldom had power,
and often wanted will to enforce them.
The Scotch Parliament saw the disease, and
prescribed the remedy; but the difficulty lay
in enforcing it." But because the power of the
Monarch was beneficially exercised in crushing
the Nobles, it does not follow that the power
which effected this ought to be retained after the
evil was remedied. For a desperate disease a
desperate remedy. When the Commons be-
came powerful, the Stuarts began to use the
Nobles as instruments to oppress them, as for-.
tner Monarchs had before availed themselves of
the Commons to crush the Nobles. We often
rid ourselves of one noxious animal by the
agency of another noxious animal. In sonic
countries the dread of assassination is the main
check against abuse of power ; but because as-
sassination may have been necessary in Russia,
it does not follow that it would not be a great
evil in a more civilised community. What is
the end of Government ? The protection of
the individuals composing a community from
the aggression of foreigners, and from their en-
croachments on each other. Hitherto, however,
Governments have for the most part been com-
binations of a certain portion of the com-
munity to oppress the remainder ; and his-
tory exhibits to us little more than a suc-
cession of struggles between different parts
of the same community, for the purpose
of exercising or resisting oppression. The end
of Government is, however, not the less what
we have stated, however much those who have
wielded the powers of Government may in all
times have abused them. Government ought
to provide Judges in sufficient number for the
administering justice to all the individuals of
the community, to provide a force sufficient to
preserve order, in which is implied both the
punishment and the prevention of crime. The
business of Government is not to direct men hi
what manner they shall exercise their industry
or ingenuity—in what manner they shall promote
their own happiness; but to prevent them from
interfering with others in the fair exercise of
their industry, or endeavour after happiness.
Hence all monopolies are an abuse of the powers
of Government. Hence all establishments which
have not general or individual protection for
object, are abuses. All attempts of Govern-
ment to give a particular direction to industry
by expendmg the money of the community in
.the protection of certain manufacturers, is an
abuse. When one part of the community take
itparticular religious
belief upon
on themt rest,papi(l)(lse their
to tax the community for
he to o
the purpose' of teaching that belief, this is an
abuse. Each individual ought to be left at full
liberty to provide as he best can for his own
happiness, both in this world and the next, the
Government merely interfering where indi-
viduals, in the furtherance of this object

come into collision with each other. The elder
Humboldt, at one time Prussian Ambassador in
this country, now a Minister of State, one of
the best writers on Government in any language
(and it is gratifying to see such men at the helm
of State in a great country) has handled this
subject well in one of his Essays It ap-
peared to me," he says, " that the most advan-
tageous situation for the citizen in a State is
that in which he comes the most in contact with
his fellow-citizens, and is at the same time fet-
tered as little as possible by the Government.
This brought me immediately to the principle,
that the action of the State ought never to be
substituted to the action of individual citizens,
but in regard to the effecting of such necessary
objects as individuals alone are unable, through
their own exertions, to effect ; and in this alone
in my opinion, security consists. All beyond
this, man procures for himself; every good lie
himself acquires, every evil he repels, either
singly or by means of voluntary association.
The preservation of security alone, as every con-
flict lays the foundation for other conflicts, de-
mands a final uncontroulable power ; and as this
is the peculiar character of a State, for this alone
ought a State to be instituted. It' we extend
the action of the State further, we limit the self-
direction of individuals in a prejudicial manner,
produce a mechanical uniformity, and, in a
word, destroy in them all power of trusting
to their own resources. In the illustration of
these ideas I have elsewhere gone into greater
detail, and have endeavoured to show singly
the injury which must necessarily be produced,
or which, at least, cannot easily be avoided,
when the State, instead of confining itself to
measures for security, persists in providing for
the physical or even the moral welfare of the in-
habitants. Regarding security, in enlarging on
the means of promoting it I have endeavoured.
to exclude all those which act too powerfully on
the character, as, for instance, public educas
tion, religion, laws of morality, and assigned
those of which the use appeared to me both un-
prejudicial and necessary, and with this view I
want the Police, Civil, and Criminal Legisla-
tion." These ideas of the Prussian Statesman
are certainly judicious. If we try the existing
institutions of this country by them, it will, we
fear, be found that we have too often done those
things which we ought not to have done, and
left undone those things which we ought to have
done. It would be displaying a want of candour
not to allow that there is more scope in this
country for free agency than in any other in
Europe at least. With very few exceptions, any
man may, throughout England, prescribe for
both the bodies and souls of all his Majesty's '
:subjects. Except in case of publicans, and in
certain corporate towns, any man may follow any
branch of industry. A man may cultivate as lie
pleases, and make such erections as he pleases
on his own property. The individuals of a
neighbourhood may meet and deliberate on mat-
ters in which they have a common interest, and
associate for objects calculated to promote the
common good. But while they enjoy these advan-
tages, it cannot be denied that the chief object of
Government, security, has been very inadequately
provided for. There has been nearly a complete
denial of justice to all but the rich. The
means for the prevention and punishment of
crime have hitherto been very inadequately
afforded. The Statute I3oolc, on the other
hand, is full of orders and prohibitions with re-
ference to acts which do not come within the
province of the Legislature, but ought to be left
to the discretion of individuals. A great part
of the money raised by Government is continu-
ally expended not on the proper obiects of Go-
vernment, but in the furtherance of
„jobs of all
sorts. Tithe, as every one knows, is a tax oft
food, falling on the consumers when importation
is restricted, and on the growers when the im-
portation is free. This tax, which increases with
every increase of the cost of raising food, and io
therefore the most oppressive and mischievous
of all taxes, is employed not on any object con-
nected with the proper business of Govern-
ment, but in paying the Clergy of a portion of
the community. Instruction, as we have said, '
is no part of the business of the State, but an
Affair of individuals ; and it is singular
that those Journals which exclaim against
an emablishment having for object the im-
mediate protection of individuals—namely,
the new Police—as an encroachment on li-
berty, should at the same time loudly con-
tend for the application of an immense part of
the taxes to the maintenance of a body which
does not promote any of the ends of Govern-
ment, and the powers committed to which are
in their exercise felt by individuals as a great
oppression. We allude particularly to the '
Spiritual Courts, a relic of the times when the
inhabitants of a country were considered as ex-
isting merely for the sake of the Church, and
not the Church for the sake of the inhabitants ;
Courts, which, in spite of all the recent at-
tempts to puirfy them, still partake largely of the
spirit of the Inquisition. But, as if the appli-
cation of the tax levied in the shape of tithe,
to the maintenance of an establishment foreign
to the objects of Government were not enough,
the Legislature, by a gross abuse of its powers,
has subjected the inhabitants of many places,
more especially in the vicinity of this me-
tropolis, to taxation, levied by irresponsible
individuals to a large amount, for the main-
tenance and repair of a number of additional
churches, and every day the most distressing scenes
are taking place in consequence. Individuals
who have struggled to discharge the usual taxes
and poor rates, and other parish charges, have,
when fsirly exhausted, had the beds taken from
under them for rates for the sacred edifices which
we owe to Lord Godcrich and the recommenda-
tion of Dr. Lushington. But who can enume-
rate all the encroachments on the community,
and misapplications of public money ? From the
palace to the poor-house we everywhere see
jobbing. The Legislature itself is constituted
through jobbing, and it communicates in return
ample powers of jobbing to Magistrates, Vestry-
men, and all manner of functionaries. History,
as we have said, is but a record of continual
aggressions, and of escapes from one evil to
another. Yet we derive from her lessons this
consolation, that the evils become gradually more
mild. In the present day oppression seldom
presents itself in so odious a shape as it did in
former times. Knowledge is power ; and as in-
telligence becomes more diffused, we may hope
that, with the possession of more correct ideas as
to the end of Government, they will be enabled
to prevent abuses of power, and to ensure the
application of the public money to the only legi-
timate object—the protection of the community.
We may excuse foreigners who have been suf-
fering from the restraints on liberty imposed by
Continental Governments, which, by regulating ;
everything, leaves no self-direction to individuals,
for, flying to the other extreme, they make mobs '
the object of their panegyric. But Englishmen
are too far advanced in civilizationand ,
have
too

enlightened ideas of Government, to seek for
security in the dissolution of all order—an effect
t he most dreadful of all tyrannies.—Morn. Chron.
Among that class of persons, unfortunately a
very large one, who talk and decide_ upon grave
subjects of which they are wholly ignorant, it
has for some time been a favourite fancy, that a
code of laws, adapted to the wants of any ripe
and civilized community, might at once be simple
and complete. The least reflection will suffice
to show the futility of such a notion. There is
no condition of mankind, but the most rude and
barbarous, which does no: render necessary to
its own existence a considerable intricacy of
legislation. General principles can never provide
for all the incidents and varieties of partictihr
cases. Each fresh decision rests upon some
novel circumstance which bestows a specific cha-
racter upon the issue under consideration. That
decision becomes in effect a new law, applicable
thereafter to cases like the first, but not appli-
cable to such as, bearing only a partial resein-
blance to it, contain further distinct and inde-
pendent features, and call for the introduction
of some still more specific rules ; or, in other
words, for a growing mass of precedents.—
As the relations of men become more complex,
and the modes of their collision more incalcu-
lable, it is obvious that remedies must mul-
j tiply with wrongs ; and, therefore, that the
ptle of laws must keep pace with the advance-
; ment of society. Thus it is that the oldest,
wealthiest, and most cultivated nations, are those
wherein what has been vulgarly termed the mis-
chief of voluminous laws is ever more conspicu-
ous. If the laws of such nations were not the
most voluminous, redress of wrongs would be
more impracticable for them than for any more
barbarous people. .Unless, therefore, we prefer
to be without the means of vindicating public
or private rights--,-that is to say,. to leave all our
interests at the mercy of individual judges, hav-
ing no guide or counsellor but their own dis-
cretion, undirected by precedent, and valueless as
a record for those who may succeed them—we
must resign ourselves to the lesser inconve-
nience, of some prolixity, some redundancy, and
perhaps an occasional obscurity of regulation, as
the only means of escaping that far more cala-
mitous evil, an absolute defect of justice. Come
to what determination we will upon this great
question, generalize as we tray, codify as we
may, the hope of arriving at simplicity through
such expedients is a gross and childish delu-
sion. There seems to be a wish extending
.
Napoleon as something incomparably more
perfect—and perfect on the side of bre-
vity and perspicuity—than the system of
English law. We are far from denying
the condition of strange and laborious per-
plexity into which some branches of the
law of England have fallen, nor do we despair of
seeing them experience, before long, many
valuable improvements in matters both of prin-
ciple and proceeding : but '‘ a code" would be a
flimsy sort of remedy. A code in practice is
nothing more satisfactory or effective than an
index. Under it each new case will still become
what the nature of things, in spite of any form of
words, requires that it should be,—viz. an espe-
cial modification of the general rule, and a pre-
cedent to be referred to and consulted when
doubts shall arise thereafter. The following ex-
tract is from an able lecture by Mr. Byles, a
barrister, which has just been published, and
may help to dispel the illusion of those gentle-
men, who imagine that Napoleon has done any
thing towards rendering the law of France a less
complex or difficult science, as far as regards its
practical use. What he really did accomplish
was, the subjecting all the inhabitants of France
to an equal and uniform application of it. The
doctrines and decisions of French law are as
yoluminous as those of the law of England, or
more so, and the reference to cases of precedents
Ira' common in their courts than in ours :
" Do not imagine such anticipations to be the
offspring of professional prejudice or timidity. Let
us look at our neighbours, the French. The Code
Napoleon was an inestimable benefit to them, be-
cause before it there existed a peculiar custom or law
for every province in the kingdom. You changed
laws in travelling es often as you changed horses.
' There are,' says Voltaire, f in France, more than
forty distinct small populations who call themselves
fellow countrymen, but who are, in reality, as much
strangers to each other as Tonquin is to Cochin-
China.' For these variegated, and often barbarous
legal customs, the code substituted an uniform and
enlightened system of jurisprudence-ssthe most mag-
nificent monument to the memory of the great roan
whose name it bears.
"But has it dimiuislied the volume and bulk of the
French law ? Oh, no ; but increased it beyond
measure. At first, it is said, it was imagined that
a mar. bad nothing to do but to purchase the now
code, and eur.s”lt this beautiful, brief, perspicuous
work, like a dictionary, upon occasion. But it was
found that millions of cases were unprovided for ;
and that if they were to be decided on general prin-
ciples, oaa man's reason would incline him to this
conclusion, another's to that. What was:to be done
but to refer to the Roman law ?—that noble com-
mentary of the law of nature, forming the substratum
of all the Jaws of continental Europe, and verifying,
in a secondary sense, the prediction of the ancient
Romans, touching tha eternity of their empire. The
institutes, the pandects, the code, and the novels,
are now ea much law in France as in the Roman
empire in the reign of Justinian, besides the corn.
mentaries, in numerous folio volumes, of Cujas, Hei-
peccius, Hofacker, Bynkershoek, Gothofred, Voet,
Vinnius, Dornat, Pothier, and many Wigs.
" In addition to all these, the former materials of
French law are required at every step to explain the
codes ; the Ordonnanea d Roi, the droit ancien,
the droit intermediare ; not to mention the draft
of the code, the works preparatory to the code, the
observations of the Court of Appeal upon it when
in progress, and the discussions on its enactment.
Add to this the French Legislative Acts for the
last twenty-five years, and a body of reports more
voluminous than our common law, equity, and eccle-
siastical reports together for the same interval, and
you will have some idea of the volume of the French
law, greatly exceeding the volume of our own law,
and in a more rapid state of accretion.
" But lest I should be suspected of exaggeration,
allow me to cite one of their own writers Since,'
says he, the code has been promulgated, and these
new tables of the law have been exposed to the
view of the people, a thousand and a thousand un-
expected questions have presented themselves to
the judges and the lawyers. A perpetual discussion
has been kept up on every subject, on every article,
and on every word ; ten thousand decisions have
been pronounced, several hundreds of treatises and
commentaries have been published. Numerous
laws, decrees, decisions of the Council of State,
have abrogated or interpreted the provisions of the
new code. Jurisprudeace, doctrine, legislation, are
all accumulating—are all multiplying in a ratio al-
ways increasing, and the science will soon become
nothing but an inextricable labyrinth.' "—Tiuzes.

stealing two shawls exposed for sale at a shop-
door, and sentenced to seven years' transporta-
tion, the Chairman observing, at the time, that
it was more advisable to inflict that punishment
upon him than to permit such an incorrigible
offender to remain in the country. What fol-
lowed being the ground of the observations which
we made, we repeat the circumstances here in the
words of our Reporter :—" The culprit was then
proceeding from the- bar, when he suddenly
turned round, and, indignantly glancing at the
Worthy Chairman, exclaimed, Well, then, I
hope you may stick' there till I come back.—
. The Court ordered the prisoner to be again
placed at the dock, and the Chairman, addressing
him, remarked that he would completely nullify
Isis prediction by sentencing him to be trans-
ported beyond the seas for the term of his natu-
ral life." This alleged aggravation of punishment
for a stupidly offensive expression to the Bench,
naturally excited a good deal of public feeling; the
circumstance of inflicting but seven years' transpor-
tation for the crime, and altering that sentence to
transportation for life, as a punishment for the
, contempt of Court, was thought an extraordi-
nary stretch of judicial authority. In some
Journals it was animadverted on in strong terms;
but an Evening Ministerial Paper undertook to
defend it. We replied to the remarks in that
Paper. We showed the erroneous view it had
taken of the doctrine of punishment in the law
of England, and at the same time expressed our
conviction that, upon cool reflection, Mr. Const
would regret lie had been betrayed into such a
departure from principle by the excited feelings
of the moment, whether he acted on his own
impulse, or at the suggestion of any of his bro-
ther Magistrates. It is, therefore, with unfeigned
pleasure we find, from the report of the Middle-
sex Sessions, which we give this day, and from
other authority, that Mr. Const repudiates, as we
hoped he would, the defence set up for him by
the writer in the Courier, and also disavows
having really intended to carry the sentence of
transportation for life into effect. It appears,
now, that the record of the original sentence of
transportation for seven years was never altered ;
arid we only regret that Mr. Const (lid not
take an opportunity of letting this fact go forth
to the world before, as it would have rendered
our comment upon the subject unnecessary. Mr.
Const, in his explanation, alluding to our article,
says, " The observations are extremely just and
proper ; I highly approve of them, and can ap-
preciate the good intentions of the writer—but
they are founded upon a mistaken fact, arising
out of an erroneous report of the trial." Here
we must take the liberty of stating, that the re-
ports of the trial in other papers substantially
agreed with our's. The great point is, the cir-
cumstance of a sentence of transportation for life
being pronounced after the much lighter sentence
having been recorded. Now, did this happen, or
did it not ? Mr. Const himself admits
it lid—
for in his explanation he says, " on leaving the
bar the prisoner made use of some disrespectful
expression, and it was suggested by one of
the Bends that ho should be called back, in
order to make an impression on his companions,
who had witnessed his hardened conduct. Ac-
cordingly he was replaced at the bar, and told
that he should be transported for life, on ac-
count of his being so irreclaimably bad. This
sentence, although formally passed in Court.
was not intended to be carried into effect ; but
was merely held out (by the suggestion of a
brother Magistrate) in terrorens as an example,
or to make an impression on the less culpable of
the prisoner's companions, This feeling could
not be mistaken by most persons in Court ; but
stilt he did not attach any blame to the Reporter
of the trial in question, who had inadvertently
been the means of misleading the public as re-
garded the true feeling under which the sentence
was nominally given." We agree with Mr.
Const that blame was not to be attached to
the Reporter, whose duty it was to report
Acts, and not intentions. The worthy Chair-
man goes on to state that he immediately
spoke to the Clerk of the Peace, and told him
that the latter sentence was not to be recorded,
and lie concludes with the following expres-
sions, which do him great credit both as a pub-
lic functionary and a man ;---•-•" I-feel a great
gratification in giving this explanation of my
public conduct, which, in common wi:h all per-
sons filling similar or more important judicial
offices, is open to be canvassed by the public."
It is from a person of the understanding and
acquirements which Mr. Const is known to pos-
sess that we would expect this liberal sentiment
respecting the exercise of the rational and legiti-
mate freedom of the Press. We think the
worthy Chairman must have observed that, how-
ever anxious we showed ourselves to be for the
preservation of the principles of British justice,
it was with pain we directed the eyes of the
public towards his judicial conduct with any
thing like a feeling of disapprobation. It may
bp a question whether it was right to pass the
second sentence at all, seeing that there was
no serious intention of carrying it into effect ;
but there can be no qnestion that the proceed-
ing of the worthy Chairman was dictated
by the purest motives, as we believe all
his judicial acts to be—for, during the
long time that he has filled the ardu-
ous situation which he now occupies, we
do not recollect that his conduct ever became a
subject of unpleasant animadversion before.
Mr. Const is not a lawyer of technical and pe-
dantic mind ; he unites to a sound knowledge
of his profession, and great natural acuteness,
that knowledge of the world which is peculiarly
useful in directing the exercise of those dis-
cretionary powers which belong to his judicial
situation. His kindness of heart is also well
known ; and that made any act of his, which
was like a harsh or arbitrary experiment of
power, the more worthy of observation. Sorry,
indeed, should we be, if in the evening of life
he did ally thing to impair that good and virtu-
ous reputation which long years of public service
have earned for him. The adminsstration of jus-
tice is in any hands a difficult and delicate task ;
he has so discharged the d2ties it imposes on
him as to deserve hitherto, we hope he always
will, the praise of impartial men, and the ho-
nourable estimation of his country.—Morning
Herald.
We have repeatedly called the attention of
our readers to the ambitious policy pursued by
Russia—leer determination to keep possession
of the Ottoman empire, and her anxiety, when
that grand object was accomplished, to wrest
from us our Indian empire ; but the most im-
portant and attractive subject will wear out in
linterest, and we accordingly dropped it, lest we

At the Middlesex Sessions, yesterday, the should become as monotonous to our readers as
Chairman, Mr. Const, took occasion to refer to our representations have been ineffective in pro-
the observations which we thought it our duty ducing a change of policy. Our attention, how-
to the public to make upon the case of the boy ever, has been again called to the subject, by the
Harris, tried at the Westminster Sessions.— following article copied into the Austrian Ob-
Our readers will recollect that the prisoner, who server from a Russian paper, which shews the
was but 1J years of age, was found guilty of intentions of the Czar in a light which the most

firm believers in Russian moderation cannot wel
dispute
. . _

Such a good understanding," says the Russian
Paper, " has long prevailed between Russia and
China, that the fottner Power took possession a few
years ago of a country in Central Asia, as extensive
as France and Holland together. This is the country
inhabited by the King, his Kaissacks, and other
Nomad tribes, who have been induced by skilful negotia-
tions to submit to Russia. Part of these Kirghis were
formerly subject to China, which was probably glad to get
rid of such turbulent subjects, and is not sorry to see them
under Russia, which will be able to keep them in order.
When aline of fortifications shall have been erected in this
ccuntry, which is not every where a barren steppe, mili-
tary colonies will be established in it, iron works erected,
and the cavalry that may be necessary furnished with ex-
cellent horses from Central Asia, to purchase which the
English East India Company sent the late Mr. Moorcroft
to Bokhara. It is likely that convenient roads will soon
be made, and Kokand, Samarand, Bokhara, and several
smaller Khantes, may perhaps soon be conquered.
"The new Russian frontier is distant about twenty-eight
French leagues from the English possessions in India."
The first part of this article shows the mode
in which Russia has been endeavouring to warp
round our Indian possessions, and the last two
lines the success which has attended her efforts.
Her frontier, in one point, is now distant only
twenty-eight leagues from our Indian empire;
and by and by, we presume, we shall have her
for a neighbour on every side ! That Mr. Pitt
and Mr. Canning were fully alive to the designs
of Russia, is amply proved by the whole of their
policy—and had that policy been faithfully ad-
hered to, particularly that of Mr. Canning, the
fleets of the Emperor of Russia had now been
riding quietly in the harbour of Cronstadt, in-
stead of braving that of England in the Archi-
pelago, and demanding reasons from its Admiral
for its increase. That policy, however, has of
late been sadly changed, and fruitless negociatiota
resorted to, where threats and recourse to arms
would have better suited the circumstances of
the times ; and what is the result ? That Russia
not only holds in her grasp the whole of the
Ottoman dominions, and affects to lord it with
the mightiest power in Europe in the Mediter-
ranean ; but that she has actually possessed her-
self of territory within twenty-eight leagues of
our Indian dominions ! Is the Company aware
of this ? Has it not remonstrated with the pre-
sent Government on the danger of its policy ?
Morning Advertiser.
It would appear from the Stamford News of
yesterday, that the High Sheriff of Lincolnshire
has refused, after an application had been made
to him by a respectable number of landowners,
to call a county meeting, to take into considera-
tion the Malt and Beer Taxes, on the most un-
satisfactory grounds which we have ever known
to be alleged in defence of such conduct—
namely, the severe pressure under which all
classes are now labouring—the whole state of
the country being before his Majesty's Ministers,
and better known to them than to individuals—
and, finally, the propriety under these circum-
stances, of not ad ding to their embarrassment.
All this is very disinterested, and very amiable,
no doubt, on the part of the Sheriff of the
county of Lincoln, Richard Thorold, Esquire—
a hard sounding name, by the bye—but is it
wise ? Is he consulting the interest of his bro-
ther landowners, or aiding the relief of the
country from its present distress, by pursuing
such a course ? We think not ; for were we to
run over the " Statutes at Large" with him,
we think he might fairly be defied to point out
any taxes which have ever been imposed more
truly injurious to the landed interest, or more
inimical to the comfort of the community, than
the malt and beer duties. They keep down, in
the first instance, the consumption of malt
liquors—the healthiest and best of all—by the
community below its proper quantity ; in the
second, the consumption of barley is lessened in
consequence, and the land which is adapted for
such tillage rendered thereby less valuable ; in
the third, thousands are destitute of employment
in the healthiest of all occupations—that of
agriculture—and thrown upon the parish for
subsistence, who would otherwise find abun-
dance of work ; and lastly, the revenue arising
from the taxes is among the least valuable to, as
it is also among the most expensive collected by,
the Government. We state these facts briefly,
in order that they may meet with due considera-
tion. The community is interested in the deci-
sion of the question, and we should be glad to
see it bestir in it—but the landowners, assuredly,
more than any other class; and notwithstanding
the decision of the High Sheriff of Lincoln, we
do not despair to see them making a question of
it ill the ensuing Session.—lbid.