The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-30 00:00:00

CONTEMPORA 1 Y PRESS.

(From the Morning Herald.)
Lord Durham has, again, appeared at court. It is
time that. hie lordship's Canadian doings were submit-
ted to the judgment of the country.
Lord Durham deserted his government in October
last, after issuing a manifesto calculated to increase in-
calculably the difficulties attendant on the maintenance
of British supremacy in Canada, and the adjoining
provinces. His lordship arrived in England in the be-
ginning of December. He was refused access to the
presence of his Sovereign. Ministers, then, gave signs
of eat intention to call his lordship strictly to account
for the flagrant derelictions of duty into which he has
been betrayed.
The ex-despot, " in the strictest sense of the word,"
indicated, on the other hand, a determination to unveil
all the base intrigues to which (as he insinuated) ht
had been sacrificed. He assured the radicals of De-
vonport, in express terms, that he had statements to
make in connection with Canadian affairs—statements,
which would absolutely astound the people of this
country.
In the interval which has succeeded, Lord Durham's
Canadian pranks have been permitted to recede into
comparative obscurity; whilst his promised revelations
of ministerial meanness remain yet to be made.
The public interests—the cause of political morality—
may not thus be trifled with. The whole Canadian
affair must be ripped up.
Let ministers explain why Lord Durham was not
permitted to approach the presence of her Majesty, in
December last, and why if he was then a fit subject for
exclusion from the precincts of the court, he is now
deemed worthy to be admitted there.
Let Lord Durham make good his boastings at De-
r onport, and satisfy the country as to those important
points in the political situation of Canada, of which
the people of England were declared by his lordship to
be in absolute ignorance.
Br-o-ugham owes 31,41frt1i5l
seal of last year in reference to Canadian affairs, by a
moderate portion at least of earnestness in their ad-
justment during the present session. Why, it may be
asked, did Lord Brougham make himself so busy in
relation to the movements of Lord Durham, while
Lord Durham was yet dictator of the Canadas ? and
why is the learned and loquacious lord absolutely si-
lent now in regard to movements which last year
seemed so questionable ? Lord Durham's ordinances
were disallowed but a few short months ago ; and Lord
Durham, before he deserted his post, reclaimed in the
face of the people of Canada, against the decision of
the Imperial Parliament! Those ordinances ought,
either, on the on hand, not to have been disallowed;
or, on the other, that process of disallowance ought to
be followed up by the arraignment of Lord Durham
for his conduct li•fore, and also tfter that act of disal-
lowance took place.
The matt& cannot rest in its present state. Lord
Melbourne, Lord Durham, and Lord Brougham,
are all bound to pross this affair to a natural conclu-
sion.

Lord Durham, ac cording to a prevalent rumour, is
now intriguing for the premiership. His lordship's
vanity is active enough to impel him to engage in any
scheme having such an object ; and his lordship has a
tail in the House of Commons, composed of men like
Mr, Ward, of Sheffie;d, and Mr. Leader—men as vain
and as weak as the ex-despot himself. These person-
ages long to clutch offs -_!e on any terms. Their object
is to get up a scheme of agitation for household suffer-
age and the ballot ; and to place Lord Durham at the
head of the new popular movement.
The spirit of party has long rendered administrative
responsibility in this country a mere farce. Were it
otherwise, Lord Durham would now be busied with
plans for evading impeachment, instead of with plots to
seise the reins of government.

THE CLAIM OF POPERY TO THE PATRONAGE
OF THE ESTABLISHED CHURCH.

(From the Dublin gvening Mail.'
Popery is just as encroaching on the rights of others
as it is tenacious of its own. The Irish Papists having
refused to the crown a constitutional veto upon the ap-
pointment of their prelates, claim, nevertheless, the
privilege of appointing to dignities in the Established
Church : and whilst they will not consent that a Pro-
testant Government shall regulate the civil affairs of
the country, with respect to public education, they
modestly lay claim to the patronage of the crown, in
administering the discipline of the Protestant religion.
This intolerable spirit of encroachment is admirably
illustrated in the case of the Deanery of Exeter, brought
forward in the House of Lords on Tuesday evening
by the excellent Bishop of the diocess. On the void-
sac, of the dignity, a Roman Catholic Irish nobleman
had the unparalleled effrontery to apply to the Prime
Minister for a conge d'elire in favour of a nominee of
his own ; but even that audacity loses its enormity, if
cowl are it with the cool and complying servility of
tie Aim -Minister of the crown—who, instead of re-
buking the application as an unwarranted intrusion,
civilly lamented his inability to comply with it, by stating
11 practical untruth : namely, that the dignity was not
at the d sposal of the crown. This, of course, was a
mere evasion : for his lordship did direct a conge d'elire
to the Chapter of Exeter, in favour of a brother of a
eolleague in the cabinet ? and he still insists upon his
right to ppoint in virtue of a prescription of three
hundred years in its favour : but it is an evasion of the
most slippery kind ; in which, though resolved to
bestow the dignity on another, he insinuates that but
for this bar to his power, he would willingly have con-
ferred it on the nominee of the Popish usurper.
The Queen is the chief temporal magistrate of the
Church of England. It is in virtue of this office that
she has an' control over the appointment of our pre-
lates and other dignitaries : and it is only in virtue of his
situation as her Majesty's principal adviser, that Lord
Melbourne has anything to do with these appointments.
Is the temporal head of the Church of England to
nominate to high places in the church, at the advice or
entreaty of the enemies of that church ? Is her prin-
cipal adviser warranted in recommending to her Ma-
jesty such a course ?
It is well, perhaps, for his lordship that in this in-
stance he did not yield to his inclinations or his policy.
The failure of the Popish Viscount's project has saved
the Prime Minister from an impeachment ; for surely
greater treason could not be than to betray the temporal
chief magistrate of the church into the hands of her
enemies. But for the exposure of this scheme and the
defeat of all such projects in future, the church is in-
debted deeply to the vigilance and spirit of that excel-
Itnt prelate, the Bishop of Exeter.

When Carlton House was in the zenith of its glory—" ere
George the fourth was King" a hogshead of claret was con-
stantly kerefiu,tap, which was preserved as good to the last
glass As 10' 'When first broached, by this process :—When
wine was drawn out the vacuum caused was immediately filled
up by pouring in as many clean pebbles as kept the cask
fun, and consequently excluded the air, the plan would be
found an excellent one to introduce into minor cellar econo-
my.. - Many- a nutbrown barrel destined to run but half its
appoistbd coarse might thus iiald a, liquid nectar to the
414011/e4ll9l4ifillieler4 _

LIVERPOOL MECHANICS' INSTITUTION.

LECTURES ON ANIMAL MECHANICS.

On Wednesday evening, T. Rymer Jones, Esq. delivered
the third of his interesting lectures to a large audience.

We in general find the soft and fluid portions of animal
substances supported internally or externally by a solid frame-
work, without which it would collapse and be unable to retain
any definite form. We find, indeed, various polypi which are
mere gelatinous masses, but the corals supply us with ex-
amples, in this class of the animal kingdom, of animals pos-
sessing internal skeletons. The common coral of commerce
is, in fact, literally speaking, merely the skeleton provided for
propping up a living polypipherus animal, for giving it an
arborescent arrangement, and that form in which it is met
with in nature. This red coral is generally obtained from
the bottom of the Mediterranean, and is found to consist of
a gelatinous bark which covers the red coral itself. Like
many of the simpler gelatinous bodies, the exterior gelatinous
bark of the coral is covered with a multitude of mouths, by
which the creature can catch hold of any passing substance
capable of administering to its support. To a variety of this
creature we owe the formation of numerous islands in the
Pacific ocean. Marine animais are, however, chiefly pro-
vided with external calcerous covering, the materials of which
as in the coral, are secreted by the creature from the waters
of the deep. In order to expand the coverings, a variety of
contrivances are resorted to, otherwise, if the shells were in-
capable of eulogement, the growth of the animal would be
arrested. The echinus supplies us with a beautiful example
of this. Its shell is composed of thousands of differently
shaped plates, between each of which a thin membraneous
substance passes, by means of which the animal has the power
of enlarging every plate as required ; and is thus enabled to
reach its native state. We find in the deep as well as in the
dry land, a number of animals whose shells, whether, mem-
braneous, horny, or calcerous, are arranged round their bodies
in so many wings, by means of the joints of which they are
able to turn or twist their bodies as they please. The mille-
pede is a familiar example of this, which, preying upon
vegetable food, has a great number of legs which are not re-
markable for strength. The centipede, however, another
species of the same tribe, has fewer and stronger legs, being
destined to prey upon insects and other animal food. Still
the centipede would be unable to fly, as there is no portion
of its body sufficiently strong to support the action of wings,
and we find that in winged insects where strength is wanted,
that a number of the anterior wings are concentrated into
one, the hinder portion of the body remaining the same ; as
insects never grow after they become possessed of wings,
there is no necessity for providing means for the enlargement
of their horny coverings, neither do we find that such is the
case. The butterfly furnishes us with a familiar example of
the mode in which winged insects attain maturity. Upon
laying the egg, it assumes the form of a caterpllar, and is
furnished with sixteen rudimental legs. It casts its covering
no less than four times as it advances in growth. When it
becomes sufficiently matured it is converted into a chrysalis,
and in this state is incapable of providing itself with nourish-
ment. It thus patiently awaits that further change which is
capable of converting it into an insect capable of flight.
The last change—and the butterfly makes its appearance—not
as in the catterpillar, with a number of rings and legs ; but with
all its limbs attached to in the anterior part, to these sequents
which are united into one strong mass, firm enough to support
him. In an insect you have a separate and moveable head,
but this gives great feebleness to it, and in order to possess
the strength with which we see the spider gifted, some further
provision is needful, and in it the head is attached to the
body. In the spider all the anterior portions of the body
are concentrated in one powerful mass, and to it are attached
the legs. By this contrivance the spider has enormous power
to destroy the insects upon which it lives. The same struc-
tures are found to prevail in marine animals. The shrimp is
furnished witn numerous rings and legs, but the shrimp is
not endowed with strength. We find, however, in the skele-
ton of the lobster, an animal which is justly considered as
the tiger or cat of the sea, as it pounces upon its prey with
ease, that the anterior portions are joined together as in the
spider. The great instrument of motion in the lobster is the
tail, in which all the strength of its body seems to be placed.
By one stroke of this organ a lobster will dart in a straight
line twenty feet through the water. The facility with which
they move, by means of this tail, is quite extraordinary.
Although the two claws of the lobster may appear to be given
for the same purpose, they are two different instruments.
The one ir covered with large blunt teeth, whilst the other
claw is covered with fine teeth, adapted to cut and to saw.
Now, these two claws are by this simple arrangement con-
verted into two different instruments, for while the lobster
watches at the bottom of the sea for its prey, the blunt claw
is the anchor by which it attaches itself to the substances
growing there to prevent its being washed away, whilst the
other claw acts as a pair of jaws for the reduction of its food,
and in enabling it to obtain its nourishment. There is very
little difference, except in shape, between the crab and the
lobster. The crab is formed to live upon the shores of the
sea, and not in its depths, and for this reason requires not a
long tail. What is the result of this modification ? The
legs are so strong that the crab can run upon the surface of
the ground instead of being obliged to live in the sea. The
land crab of the West Indies is strong enough to leave the
shores and make its way to the mountains. As the crabs and
lobsters are endued with no provision for increasing the di-
mensions of their cloisters, they are obliged to cast them once
a year, and provide themselves with new ones. Prior to the
period of shedding their shells the animals pine, so that they
are enabled, without much difficulty, to withdraw their diffe-
rent members from their tight casings. By a singular pro-
vision of nature these animals are able to reproduce a leg or
a claw to supply the place of one which may have been broke
off; and should one of these organs be injured, the creatures
at once break off the fractured limb, and proceed to replace
it with a new one. There is a species of lobster which is left
entirely naked. It is called a hermit crab, because it lives
in a shell which does not belong to it—and a soldier crab, be-
cause it obtains this shell in a very illegal manner. As it is
unable to swim, in consequence of its want of a tail, it is ne-
cessitated to lead a sedentary life. As it has no suit of ar-
mour it must adopt some plan for concealing the hinder por-
tions of its body from injury. Exercising an idea of property,
by no means of a right description, it selects a shell fish of a
proper size, and attacks it. After mastering the animal, it
eats it out of house and home, and immediately establishes
itself in the animal's shell. Its hind legs are very short, by
which means it is able to establish its body in the shell which
it chooses. Its two claws are likewise of unequal size, other-
cell, it. would riot -fiaile teen able

tage.
Mr. Jones will consider the nature of muscular action in
the lecture of to-morrow.

BARON GURNEY'S LECTURE TO THE

DISSENTERS.

A trial took place lately at Bodmin, (Cornwall assizes, be-
fore Mr. Baron Gurney,) which exhibits to the country such
a clear illustration of the loyalty and morality of the " tender
consciences" of the dissenting purists, as has not very lately
appeared. Five of the " conscientious," one of whom was a
preacher, were indicted for a riot which they had created and
conducted at Truro, in the month of May last. It seems
that the consciences of some of the dissenters of Truro were
so tender, that they would not allow their pious possessors
to be honest and pay their church-rates' and that five of
them, named Barrett, Edwards, Randall, Spurr, and Ball,
had suffered their goods to be distrained rather than quietly
discharge an honest and just debt. But, even this would not
satisfy their consciences ; for, when the auctioneer proceeded
to the sale of goods distrained, these " tender consciences"
gathered together a conscientious mob, and entering the
auctioneer's shop, prevented the sale of the goods, afterwards
broke open his door, tore down the shelves, smashed his win-
dows, and would have cracked his head if he had not escaped
from their grasp, and secured himself from the free and
liberal operation of their " religious scruples." So elated
were the souls of these dissenters, with the pious achieve-
ments of the day, that in the evening they employed a band
to parade the town in celebration of the triumphs of liberty
of conscience over the " b y old church," as they pro-
fanely designated the christian church of this country.
Three of the ringleaders of this riot are linen drapers, in a
highly respectable way of business, one is a teacher of dissent,
and the others appear to be of the better sort of dissenting
worshippers ; notwithstanding, the placards published, and
the language used, and the proceedings altogether, were, as
the judge said in summing up, . disgraceful to them as men,
but much more so as men professing religion." This con-
demnation of their conduct, which they received from Mr.
Baron Gurney, will be of so much the more weight with dis-
senters, inasmuch as the learned judge is himself a dissenter,
of, we believe, the Baptist denomination. His lordship very
truly observed that,—
" Church-rate was an ancient rate payable by law. It was
the duty of all men to pay it, as it was the duty of all men to
submit to the law. But to endeavour to render the law
odious by acts of violence was a crime punishable in itself,
and if carried on in the way this had been, it became of
serious importance."
Yes, and it would be difficult to point out the difference
between the conduct of these dissenting rebels who thus
break the laws, and that the Chartists who threaten to ac-
complish their ends by pikes and pistols. The principle is
precisely the same in both cases, and the parties only differ
in their modes of carrying it out.
The learned baron gave his dissenting brethren in general
a complete " settler" in the following words :
" Till within the last ten years no man living had ever
heard of ' conscientious scruples' upon this particular subject
from any class of dissenters, nor until questions of conscience
had been mixed with political feeling. He respected the
rights of dissenters—no man more so ; but he felt great dis-
tress when he heard conscience prostituted by an admixture
of political feeling. If a man purchased a house he gave a
price subject to all burdens upon it, and he calculated that
he should have to pay certain rates and certain taxes, and in
proportion to these, so had he estimated its value ; and he
(the learned baron) had never heard that any one of these
persons had paid over to his landlord any sum he might have
saved in consequence of the reduction of any tax ; and until
any man had done that, the less he said about his conscience
the better:"

This is a well-merited chastisement, and the " tender con-
sciences" present must have writhed under each well-directed
stroke. " The less the dissenters say about their consciences
the better," is a remark which may be equally well applied
to the whole course of their pretendedly conscientious oppo-
sition to the scriptural church from which they separate.
The officer who distrained the goods says, in his evidence,
that " the defendant Randall would insist upon his taking a
Bible." The reason of this is obvious, and thus remarked
the learned judge when referring to the shameful placards
which the pious folk had issued :
" More disgraceful publications he had never had the mis-
fortune to meet with—disgraceful to them as men, but much
more so as men professing religion. It appeared that a Bible
had been taken from Randall, Mr. Randall proffering that
Bible evidently for the purpose of exciting odium. That
any man, much more a religionist, and still more a teacher
of religion, should so act, was one of the most disgusting
circumstances which during a long professional life he had
ever heard of."
This, be it again observed, is the language of a dissenter,
but of an honest man and faithful judge ; who tells us, that
" one of the most disgusting circumstances, which during a
long professional life he had ever heard of," was transacted
by dissenters under the garb of religion ' • and that too in re-
ference to the much-agitated subject of church-rates, a ques-
tion not of religion so much as pounds, shillings, and pence.
However, his lordship has given one of the most effectual
blows ever administered to the church-rate rebels, and we
have little doubt that the punishment of the Cornish dissen-
ters, who are now in prison suffering for their crime, will
have a salutary effect upon their free brethren in other parts
of the kingdom.
The learned judge thus passed upon the criminals the sen-
tence of the court :

" You have been convicted of the crime of riot, and that
crime has received great aggravation from the motives with
which it was promoted, by the intention manifested by that
placard, which three of you have disgraced yourselves, and
the body to which you belong, by publishing. It is abso-
lutely necessary that the law should be obeyed, and they who
set themselves up in opposition to the law, will find, sooner
or later, that the law is too strong for them, and that they
would have consulted their own happiness as well as respec-
tability, if they had obeyed the law. The conduct which has
been observed by you distinguishes the case of the three of
you from the other two, and I shall therefore distinguish
your case in the punishment. The sentence of the court
upon you, Barrett, Edwards (who is a dissenting teacher),
and Randall, is, that you, and each of you, be imprisoned
one month, and pay a fine of £2O ; and upon you, Spurr and
Ball, that you be imprisoned one month ; and that all of you
enter into recognizances for your good behaviour for three
years in £lOO ; and that you be further imprisoned until the
cute be paid, and the recogniancea be entered into-,!'

COURT OF EXCHEQUER-THURSDAY.

IN RE THE CANADIAN PRISONERS.

The four prison.ers, whose cases were brought under the
notice of this court, during last term, were again brought up
this morning in the custody of the gaoler of Newgate. They
appeared improved in looks since they were last before the
court, and were very respectably dressed.
The Attorney-general, the Solicitor-general, and Sir
Frederick Pollock, were heard on the part of the court last
term.

Mr. Wightman now followed on the same side. He said he
appeared to support the return to a writ of habeas corpus,
made by Mr. Batcheldor, the keeper of the House of Cor-
rection, at Liverpool, commanding him to bring up John
Goldsworthy Parker, William Alves, James Brown, and
Robert Walker. The return set out certain statutes of the
legislature of Upper Canada, by which any one arraigned for
for high treason might, by petition and confession of his guilt
to the lieutenant-governor, receive a pardon, upon condition,
that the prisoners be transported for life. That the prison-
ers had been so arraigned for high treason, that they had con-
fessed their guilt by a petition to Sir G. Arthur, and there
being no means in Upper Canada for carrying the sentence
into execution, they were sent to Lower Canada for that pur-
pose, and the same reason operating in the lower province,
they were sent to England, and were then in the keeping of
the gaolor for safe custody, while the means were provided for
transporting them in execution of their sentence. The
learned gentleman went at great length into the old authori-
ties, to show that the prisoners were in legal custody in Eng-
land, in order to carry out what was a legal sentence in
Upper Canada. His learned friends, who appeared for the
prisoners, contended they had given no assent to their own
transportation after the pardon had been granted, and that
they might have refused that assent even though they had
petitioned, and in that petition had assented to the condition
imposed upon the pardon by the act of the legislature. He
would contend that they, having given their assent, could not
afterwards revoke it, without reverting back to their former
condition, and taking their trial for high treason. But this
was not a:pardon by virtue of the prerogative of the crown,
but under a particular act of the provincial legislature, to the
provisions of which he would hereafter call the attention of
the court. He contended that the pardon bound the crown,
on the one hand, and that the party could not, after the par-
don, be tried for high treason ; but, on the other hand, the
prisoner was bound by the conditions of the pardon, and could
not revoke the acceptance of such conditions as the pardon
contained. Such being the case, the conditions being recog-
nised by the act of the provincial parliament, there must be a
power of carrying them into effect, or the act of parliament
would be perfectly nugatory. When was the revocation to
take place ? He was now in England, in execution of his
sentence ; but suppose he was at his destination in Van Die-
man's Land, and got tired of it, was he then to revoke his
assent to the conditions, and go to any part of the worldihe
pleased.

Mr. Baron Alderson—lf the one party can revoke, so surely
can the other. If the party can revoke so can the crown. If
the prisoner can revoke, to escape punishment, so can the
crown, and punish him for high treson. That is a state of
things that can be contended for.
Mr. Wightman—That was exactly his argument, and he
thought he need pursue it no further. His learned friend
had assumed that Upper Canada was a foreign country, and
then contended that the courts in this country could not
give effect to or aid any foreign penal penal laws.
Lord Abinger—Suppose that some prisoners legally con-
victed in the courts in France, and-were shipped from Calais
for Brest, and on the voyage put into Portsmouth, would the
courts here grant a habeas corpus to discharge those legally
convicted_ prisoners? _ _ _ _ _ _

Mr. Wightman apprehended not, and further he contended
that our colonies, all owing allegiance to the crown, could not
be called foreign countries. But take the converse of the
points made by his learned friend, If the courts here were
not to take Canadian laws into consideration, so the Canadian
courts, on the same principle, would not be bound to take
any notice of English laws : but would they contend that if a
convict ship were to put into a Canadian port, would the Ca-
nadian courts grant a habeas corpus and discharge the pri-
soners ? He apprehended not. The learned gentleman con-
cluded by saying, that he had no authorities to cite—he had
no acts of the British legislature, giving the colonies power
to transport ; they had, however, recognised that power
which had been often done. At all events, even though the
courts should be of opinion that the return was not sufficient,
they were bound to return the prisoners to the place they
came from, and let them be dealt with according to the laws
they had confessed they bad broken in a very heinous degree.
Mr. Hill then replied, and went over nearly all the argu-
ments he bad formerly used. He contended, even were the
return held sufficient, still it was a principle of the English
law, that no man could consent to his own transportation ;
therefore the supposed contract was void. He contended
that the Queen had no power to impose a lesser punishment
without the consent of the prisoner, and that given after the
conviction of the party. This was an attempt to force upon
the court the laws of the legislature of Canada, which they
would defeat.

Lord Abinger—The Queen is the sovereign of Canada, as
well as of England and Van Dieman's Land. Had she not,
then,-the power to carry out the sentence of her courts In any
of those countries ?

Mr. Hill said the pardon in this case was not given under
the prerogative of the crown, which could not be communi-
cated to any lieutenant-governor ; it was under an act of par-
liament of the legislature of the province, which had no power
out of the province, as was shown by the act of indemnity,
which had been rendered necessary by the proclamation
which had been issued by Lord Durham, and which had been
pronounced illegal in their places in parliament by the lord
chancellor, the solicitor-general, and others.
Lord Abinger said it was not usual to quote the speeches
of any one in parliament as precedents in law.
Mr. Hill.—He was merely using them to show that the
laws of Upper Canada had no force out of it. There-was no-
thing on the face of the return to show that the parties had
been guilty of any sufficient crime to justify such a punish-
ment as transportation for life. He contended that the re-
turn was bad on the face of it, as it gave no show of warrants
from the lieutenant-governor of Upper Canada to the person
who made the return, and if it was bad in one instance, itwas
a mere piece of waste paper. He said, that in this country,
nothing was done without a written warrant ; and surely the
same principle was at least necessary in matters connected
with the life and liberty of the subject in the colonies. He
hoped that he and his learned friends had satisfied the court
that the prisoners then before them were entitled to their
fill Lord Chief Baron, after complimenting the whole of
the counsel engaged in the cause, for the able manner in which
it had been argued, said the court would take time to consi-
der their judgment.