The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-01-31 00:00:00

-N •...„),,N

proposed by Sir J. Bum':Ert, declaratory of want of confi-
dence in the Ministers. •
Mr. LirroN commenced the discussion and entered, at
some length, into the conduct of the government respecting
Ireland,•which 'he contended encouraged sedition in the
country.

Mr.7bENNisTory followed, and declared that there would
be no satisfaction until a larger number of the people were
admitted within the paleof the constitution.
Mr. PARKER. supported the resolution, and condemned
the lax conduct of the gbvernment in allowing seditious
meetings and speeches, and the circulation of the most libel-
lous and flagitious publications without making any efforts
to check either. • • . - . _

Lord Houireic (Earl Grey's son) availed himself of the
opportunity to explain why he no longer had " the honour
of being a member of her Majesty's administration." He
said that in May last he-and his colleagues tendered their
resignations, because they did not think they had such an
amount of confidence in that how and with the public as
would a:nable them. to.carry-on the business:of the country
satisfactorily ; and that, when called on to resnlneoflice, he-
-overcame his --reluctance (arising frem• national questions
being so injured by party warfare) with difficulty, and only
in consequence of the kindness other Majesty. - But it was
-then thought, and avowed, that, at the end of the session,
there must he such changes in the administration as would
give it, with the country, increased strength, power, and
stability. He thought the changes ought to manifest to the
country that, however ready to promote reforms in legislation,
they would resolutely maintain the present constitution of the
House of Commons. He heard of the proposed changes only
two days before the end of the session, and, so far from carrying
out his views, he thought they could only have the " opposite
effect," as showing that the Government countenanced " un-
defined expectations
.of further changes in the constitution."
Not considering that a wise and safe course, he deemed it his
duty to tender his resignation in consequence, and it was ac-
cepted. He repeated most
.earnestly that he was against pro-
pounding now any further alterations in the representation,
and contended that any proceedings, 'as well as the changes
in the administration, that led to the belief that the govern-
ment is not resolutely determined to. maintain the present
. constitution of the house, cannot fail to encourage perpetual
commotion-, and% it' the work be gone on with; " to the sub-
version of the constitution.!'. •
Sir JAMES GELAHAAi commented with consummate
ability on the various self-contradictory positions assumed
by Lord Howiek. • Rarely, indeed, has a more effective
speech than that delivered by the right hon. baronet, been
heard within-the walls of Parliament. Sir James.undertook
to meet Sir George Grey's demand of the previous evening
for matter of inculpation against the Government ; and most
amply did he fulfil- his undertaking. Sir James starting
from 'the point assumed by Mr. Gisborne-that ministers are
entitled to the confidence of the country for 'their conduct in
reference to the tithe-question and the reform hill—proceeded
to show, on the evidence of Ministers -themselves, and of
their firm adherents, that in reference to the very questions
adverted to by Mr. Gisborne, never had public men so utterly
disgraced themselves as the members of the present Cabinet
have done. Sir James recited the pledges given to the
world by Ministers on the subject of the appropriation
clause. He- recited their contradictory pledges on the sub-
ject of ballot, and of the corn laws. He exhibited their
abandonment of a 1 principle in connection with their legis-
lative plans for the government of Canada and of Jamaica.
He exposed the utter baseness of their open-question policy.
He pointed out the encouragement direct and•indirect which
Ministers have given to chartists and repealers. He showed
how utterly they have prostituted the patronage of the
country.

Mr.'MACAULEY undertook the task of replying to the
right hon. member for Pembroke ; and if a worse speech
than Mr. Macaulcy's ever was delivered on any subject
whatever, we venture to express our unaffected pity for those
who may have listened to it. Mr. Macauley's speech was
curiously, elaborately, irredeemably, bad. It was not sim-
ply stupid ;—it was not simply inappropriate. It was con-
ceived in the vilest imaginary taste. It was poor, feeble,
vilely affected in matter. It was a tissue of impertinence to
the matter in hand, from beginning to end. To bring into
full relief the.peculiarities of this execrable composition, it
was delivered in a style redolent of -the conventicle.
Lord POWERACOURT rose and moved the adjournment of
the debate until next day.
After some other orders of the day had been disposed of,
the house adjourned at one o'clock.

COLONIAL INTELLIGENCE.

NEWFOUNDLAND.
(From the Nettfoundtand Tithes.)

The ungracious and unthankful task of recording the cere-
mony of opening another:session of the colonial legislature,
again devolves upon- us—we say it is a mostlinthankful
task, because, fgst, we are pretty certain that the session will
be an unprofitable one to the colony, and one of utter disap-
pointment and embarrassment to the local government ; and
secondly, because we had most devoutly hoped that the pre-
sent Rouse of Assembly -A.otild ,never • haVe been suffered to
meet again-,t-and that the infliotion of so great an evil would
have been -unnecessatiy so-,-ttle-fates,-,however,-liavti"tirtVred it
otherwise. ~.„

On Friday last, agreeable to -proclamation; the Governor
came down with the ustial formalities to 'the council chathberi
and having taken his seat upon the throne, and the House
of Assembly. having been summoned to the bar, his Excel•
lency delivered the following

DECISION OF THE JUDGES IN THE. CASE
FROST, WILLIAMS, AND JONES: ' '

(From the Morning Herald of Yesterday)
In order to rightly understand the- judicial result of the
argument before the fifteen Judges in the cases of Frost,
Williams. and Jones, convicted of high treason before the
special commission at MonmOuth, it is necessary to recollect
that, although but one objection was taken by the prisoners'
counsel, time were in fact two points reserved. The first,
whether the objection was in itself a good one;'—the other, if
good, whether it was taken in time;'
On this subject the evening papers are somewhat in error..
The evening organ of the Government says, very- truly, that
the learned judges were divided in their, opinions. It then
goes on to say, "but the majority decided the voint reserved
in their favour to be UNTENABLE..anaI-Idd the indictment to
be good." There- was no question as to the validity of the
indictment. If the counsel for the prisoners had any objec-
tion to:the indictment they.ivould bare either denrtrred to
or called uport.the court -to' "quash' it before tiji.l, or'inovetl
in arrest of judgment aftertiards.
We stated very plainly what the points reserved were, the
other. day, separating them from all technical verbiage, in
order to make the matter clear to the popular apprehension.
The Standard says, " We have just learned that-the
•Judges have decided against the objection in behalf of Frost,
by a majority Of nine to six." The objection taken in behalf
of Frost and his accomplices was, that the lists of witnesses
were not delivered AT THE SAME TIME with the indictment,
as the statute of Anne requires. Now, we believe we are
correct in saying, that with regard to the validity of that ob-
jection, the numbers above stated should be inverted, there
being only six Judges against the objection. and NINE in
.favor of it. But then came the other point, viz.—whether
the objection not having been taken until after plea pleaded
was taken in time. In reference to that point, THREE of
the Judges who held the objection to be a good one, also
held that it had not been taken in time.

The division of °Pinion arnong the Judges, then, stands
thus—six Judges against the prisoners on both points—
THREE judges apainst the prisoners on one • point, and for
them on one—six Judges iii favour of the prisoners upon
Loth points.
We understand the Judges, as to their respective opinions,
may be classed as • -- •
n favor of the objection taken by Sir F. Pollock and Mr.
Fitzroy Kelly, thatjthe lists of witnesses were not delivered in
compliance -with the directions of the statnte—Mr. Justice
Littledale, Mr. Justice Patteson, Mr. Baron Parke, Mr.
Justice Williams, Mr. Justice Coleridge, Mr. Justice Er-
skine, Mr. Baron Alderson, Mr. Justice Coltman, and Mr.
Baron Rolfe.

Of the above learned judges, the sux first mentioned hold
also the affirmative of the second point,. that the objection
Was taken in time : the last TintnE, the negative, that-it was
not taken i►a
The judges against the objection taken at the trial, and
who, therefore, bold that the listsof witnesses were delivered
conformably with the• directions (?/' the stabile, are Lord
Denman, " Lord Abinger, Chief Justice Tindal, Mr. Justice
Bosanquet, Mr.. Baron Gurney, and Mr. Baron -Maule.
These learned judges may be said to he against both points ;
for, on the negation of the first, the second falls to the
ground. .

Wnchbeing the divided state of judicial opinion upon this
grave and important question---n question affecting the lives
of three human beings, we ask CAN execution follow? We
hold it to be impos!',ible:

SPOR77NG INTELLIGENCE.

MANCHESTER.—TuEspar EVENING.

Much excitement appears to exist as regards the probable
acceptances and refusals of the Chester, Trades' Cup, am'
every hour, as we approach the time when these must be de
dared, will bring changes in the odds.
THE CHESTER CUP, e.e..
100 to 11 against Sir Thos. Stanley's Cowboy.--off
100 to 8 „ Lord Miltown's Cruiskeen.—t
14 to 1 „ Mr. 0. Fairlie's Abrahani Newland.
100 to 7. „ Mr. Copeland's King Cole.
800 to 46 „ Mr. Fowler's Gilbert Gurney.--
peated.
20 to 1 „ Mr. F. R. Price's Captain Pops
100 to 6 „ Major Hay's Retriever.—t 20
The field against any ten, bar Sir Thomas's Cowboy ; 12
to 1 against Col. Peel's lot; take 500 to 5 nn Melbourne;
500 to 10 against Stansty (offered.) It is said 5000 to 50 was
laid against /Unwell, yesterday. We give this engagement
as repOrted to us: His owner did not back him except in a
fancy bet or two, this morning.
TATTERSALL'S-31oNDAY.

-t and re,

For nearly the whole of the afternoon Theon was a dead
letter in the market, nor would it have been easy to make a
quotation against him even.at the close, had not an oiler to
lay 15 to 1 against him, and the same against the Angelica
colt, in one bet, relieved us from the difficulty. This bet
was taken eagerly Swice and thus we are constrained to put
them down as evencfavourites; it should be added, however,
that 15 to 1 had previously been taken about the Angelica
colt and several attempts made on -the part of the takeroo
go on at the same price, and to back him against Theon.
Latineelot rose to 16'to 1, with plenty of friends ; ditto; Con-
federate, who was backed at the opening at 18 to 1 in hun-
dreds. These odds were laid to the same amount against
Bokhara, and a point above his former quotation offered
-against Muley Ishmael. Ottoman was backed rather freely
at 24 to 1, and Wardan, first at 26 to 1, taken in good quar-
ters, and subsequently, at 28 to i ; the same odds Were ac-
cepted three or four times about Gambia. Monops- was
hacked freely at a fraction above 40 to 1, notwithstandingthe
blemish indicated by his name, and has a strongish party.
The Oaks was confined to Japonica, and did not possesS•
the slightest interest.

THE DERBY.
to'• 1 against D. of Cleveland's Theon.—t
13. to 1 „ Ld. Orford's Angelica colt.--t
16 to 1 Lord Westminster's Launcelot.
16 to .1. „ Mr: Houldsworth'S• Confederate.
18 to. ~, Heathcote's Bokhara.—t
19 to 1 = „ Ld. Jersey's I;ltiley Ishmael.
21- to ,‘ 1 „ D. ofGratlon's Ottoman.—t.
23 to .1 ,„. . Mr. Robinson's St. Andrev:.
2i to • 1 ~ Mr. Wreford's Warclen.—t
25 to. • 1 „ Lord Chesterfield'k Gainbia.—t •
30 to 1 „ . Lord G..Bentinclt's .Grey Milton.—t
40 to 1' „ Mr. Trenn's Fitzroy.—t
40 to 1 „ Mr. Ford's Chameau.
2000 to 45 „ Capt. Gardnor's Monops.--t
1000 to 20 „ Lord Lichfield's Defendant.--t.

8 to 1 'Willey Ishmael and Angelica colt (t), 1000 to 801) on
Angelica colt agst. Confederate (t); GOO to 500 on Wardan
.agst. Grey ..Milton (t) ; 500 to 400 on Angelica colt, agst.
Muley IShmael (t); 500 even Monops agst. Chamatt (t) ;
350 to 200 on Theon agst. Wardan.
THE OAKS.
'.l' to 1 .against Lord G:l3entinek Crucifix.
• 7 to 1. „ .Mr. Fowler's Lalla Rookh.
.25 to 1 „ Col. Wei-,tenra's Welfare.
30" tó ,; Mr. -A Smith'S Japonica.—t