The Sun.
London, England, 1845-01-17 00:00:00

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Jan. 16.
(Sittings in Banco.)
IN RE CHARLES CARUS WILSON.

(Continued from our Afternoon Edition of yesterday.)
The SOLCITOR-GENERAL, with whom were Mr.Wortley
and Mr. Smith, appeared to support the rule. The
Learned Gentleman, after arguing at considerable
length botk the grounds on which the rule had been
obtained, drew a distinction between the writs of habeas
corpus which were judicial as the writs ui habeas ad
respondendum, ad testificandum, &c., which it was
allowed would not run into the Channel Islands, and the
great writ of habeas corpus ad subjiciendum, which he
would not contend the Court had not the power of
issuing. But the writ, in this instance, was not the
latter writ, but what was called the writ of habeas corpus
ad fueiendum et recipieNdurn cum causa. If, then, those
writs did not run into the Channel Islands, and it was
not contended that they would, it the gaoler of Jersey,
in obedience to this inferior writ, brought up the body
of Mr. Wilson, he could certainly bring an action for
false imprisonment. They were then in this position,
that if they did not obey the mandate of the Court they
would be liable to such proceedings as this Court had
the power of ordering to enforce obedience, and if they
obeyed, there could be no doubt that Mr. Wilson could
bring an action fur false imprisonment. This was a case
of the most vital importance, because the Court was now
called on almost for the first time, perhaps for the very
first time, to issue a writ of this kind, and the Court
would hesitate before it placed them in a position from
which, do what they could, they could not extricate
themselves.

Mr. PEACOCK said that this was a new point altoge-
ther, of which they had no notice, but the Court would
see that the terms of the present application were to
show cause why the writ issued in pursuance of the rule
obtained by him should not be set aside. On the 6th of
November a writ of habeas corpus issued out of the
Court, directed to John Cantilch, the gaoler of Jersey, a
copy of which was annexed to the affidavit, but they did
not say that was the one issued in obedience to the rule,
and of course the Court would presume that the writ had
been properly issued in obedience to the rule.
—The SOLICITOR•GENERAL said that it was not stated
that the writ issued in conformity with the rule, but that
it issued in pursuance of it. It was, no doubt, a writ of
habeas corpus cum catifi, and as such the Court could
not act upon it.
Lord DENMAN—I don't understand you, Mr. Solici-
tor-Gene•al, to cantend that the Court has not power to
issue a writ ad subjiciendum?
The SOLICITOR-GENERAL--Certainly not, my Lord.
Lord DENMAN—I don't see how you could do so. And
I suppose you don't contend, Mr. Peacock, that a writ of
habeas corpus cum cause would ru❑ into Jersey?
Mr. PEACOCK—NO, my Lord, I do not.
Lord DENMAN—Then there is nothing at issue.
The SOLICITOR-GENERAL-It has been over and over
offered to admit Mr. Wilson t. bail, but he is so ena-
moured of prison that he has refued these offers ; and
there was no doubt, if the writ issued, the result would
be that the prison doors would be opened to Mr. Wilson,
and he would be at liberty to walk out.
Mr. Justice COLERIDGE—What do you say to that,
Mr. Peacock?

Mr. PEACOCK said that Mr. Kelly was not present,
and he did not know how to act. He would ask for
some time, to consult with Mr. Kelly on the proposal of
the Learned Solicitor-General.
The SOLICITOR-GENERAL did not offer the suggestion
as a proposal; he had every reason to believe, in fact he
knew, that if the writ issued that would be the result ;
but if Mr. Wilson was so enamoured of prison as not to
leave it, he must make application for a new writ.
Lord DENNAN said:that the first consideration, that with
regard to the power of the Court, was now settled. As
to the other point, the discretion of the exercise of that
power by the Court, it would be well if the matters
could be arranged without coming to a decision upon it.
The matter had better stand over till Monday. If the
parties were equally hostile on Monday, Mr. Peacock
could move for a fresh writ if the present one were
quashed, and further time would be allowed for the
second rule obtained by the Solicitor-General.

FRANCE AND MOROCCO.
We continue to-day the publication of the docu-
ments supplied by the French Ministry to the Cham-
ber. The following dispatch contains the instructions
given to the Prince de Joinville, upon his assuming
the command of the naval expedition against Morocco.
It will be found to contain a full exposition o: the
French case against Morocco :
ADMIRAL DE iIACKAU TO TUE PRINCE DE JOINVILLE.
Paris, June 16, 1844.
Monseigneur,—By virtue of the last deliberations
which took place in the King's Council, at which your
Royal highness assisted, the every day increasing im-
portance of the mission which has been confided to you
has given occasion to the adoption of new plans, of which
I have the honour to apprise your Royal Highness.
It has been decided, that in order to avoid any loss of
time, if the course of events in Africa should render
military operations on the coast of Morocco necessary.,
it would be desirable that your Royal Highness should
proceed there immediately, at the head of such an im-
posing force as to be able to act according as circum-
stances may require.
The King, by the advice of his Council, has in conse-
quence determined that the naval division to be as-
sembled under your orders should be composed of the
ships of war Suffren, Gemappes, and Triton, of the fri-
gate Belle Poule, and the steam-frigate Astnod6; the
steam-boats Pluton and Rubis, and of another vessel of
from 130 to 160 horse power, to be hereafter named.
and that moreover there shall be embarked on board

those vessels ten companies, viz., a company of
engi-
neers, two of artillery, and seven of marine infantry. I
wrote yesterday full details on this subject to the Mari-
time Prefect at Toulon.

The Count de Fitte de Soucy, Inspector-General of
the Infantry of the Marine, is about to proceed to Tou-
lon in order to preside at the formation of the expedi-
tionary corps and at the assembling of all the materials
of action, which are to be embarked on board the vessels.
As soon, Monseigneur, as all your preparations shall
have been completed at Toulon, you will lose not a mo-
ment in
proceeding to Oran, where you will place your-
self in direct communication with Marshal Bugeaud, in
order to ascertain the real state of affairs.
You a
c are
to ac
tililleai pre ofn sei
glnreur, with our position
in reocco. The excitement
which prevails there with respect to us, the considerable
spe (enmtQdi M°A,o
assemblages of Moors and Arabs suddenly formed in the
neighbourhood of Tlemcen, the assistance which the
Emperor Abderahman appears to wish to afford openly
to Abd-el-Kader, the summons which he has made to us
to evacuate, under pain of an attack, a portion of the
Algerine territory recently claimed by the agents of
Morocco, the necessity for holding ourselves ready for
every contingency, and, in fine, the unforeseen attack
which took place in our territory on the 30th of May
last—all these facts have suggested to the King's Go-
vernment the adoption of the measures taken to reinforce
our troops in the province of Oran and for the dispatch
of several ships of war into the waters of Morocco.
Our position is note ssentialiy changed. Sufficiently
difficult and complicated since the conquest of Algeria,
it has become aggravated recently, in consequence of the
incidents which could not have been foreseen ; the in-
trigues, ever active, of Abd-d-Kader in Morocco ; the
assistance, more or less notorious, afforded to him in
order to make war against us ; the refuge which was
granted to his adherents on the frontier of that country,
and the aid which they found for their machinations
against us ; our reclamations and our complaints con-
stantly made ; different incidents on the frontier, parti-
cularly the collisicns between our troops and the Moorish
auxiliaries of the Emir—all these circumstances created
a state of affairs sufficiently compromising between
France and Morocco.
Nevertheless, the Sovereign of that empire, however
friendly he was in reality towards us, appeared at least to
feel that it was his interest to maintain the same state of
peace as formerly, by not carrying matters to extremi-
ties. Uneasy on his account with respect to the ambi-
tion of Abd-cl-Kader and his moral influence in Morocco,
and at the sympathy which he receives there as the de-
fender of Islamism—attentive to the intrigues of the fans.