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

CAPE OF GOOD HOPE.

Cape of Good Hope papers' to the sth of December con-
tain intelligence of singular import from Port Natal, the new
settlement of the emigrant Dutch farmers. A public meet-
ing had, been called, at which the commandant with other
officers as well as the more respectable inhabitants were pre-
sent, to take into consideration a notice which had appeared
and was read from the Graham's Town Journal, to the effect
that part of the country comprised in the colony had been
sold to a number of English emigrants, who might shortly
be expected to take possession. This announcement created
a great sensation, and the assembly came to strong resolu-
tions upon it. It was declared that emigrants, on arriving
at Port Natal without previous consent, should be considered
enemies to the state ; that if attended with military force
sufficient to prevent resistance, the inhabitants would retire
into the "forests, mountains, and kloofs," surrounding the
bay, and there defend themselves in " separate small parties,
as did the oppressed Spaniards, and, according to the princi-
ple of Don Carlos, neither take nor give quarter," until they
should have recovered their own. The commandants and
captains of the armedd
obfutrhgeheforsrewes, erahetdo
suppliesconsult
of s
• abouiatuistlbie.
division and commit'
d the B-
tteurebde
fcuartntlies,boetdhaernpdrsotvoils.eiodn.sir:
differentan. d.
places ammunitionfowerer t
h forthwith
autho-
rities
independent
ot
of a
watchgguard
' the lief
bed by the chief auth'oi-
-4 0
movements men, to
of
fetmbeaftnatruatene.caffoirtes. Theseorca height,resoi
tions were formally passed and subscribed
the Dutch emigrants annouuced facto f thist e colony. country,
. i sa declared
e c la
indeedre d..
their determination it should
entso tohfatthiell Cpaopinetaonid.
be from the beginning.

kS

~~. .~~~

DECISION OF THE JUDGES IN THE CASE OF

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 Fro:4;
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, there were;in fact, two point,rxeserved.. The first,
.whether the objection was in itself a good one: f—the other, if
'good, whkher it was taken. in lime:
.0n 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, ilecided the.vointreserved.
in their favour to be UNTENABLE, and held the indictnzent to
be good." There was no question'as'th the validity of the_
indictment. • -If the counsel for the prisoners had any objee,-
tion to the indictment they would have.either demurred to
or called upon the court 'to quash it before trial;' or ntted'
in arrest of judgment afterwards.... • ..
We stated,very plainly what the points reserved were, the.
other day, generating them from all teelmical 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 indict;theht,
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 opinion among the Judges, then, stands
thus—six Judges against the prisoners on both points—
THREE Judges against the prisoners on one point, and for
them on one—six Judges in favour of the prisoners upon
both points.
We understand the Judges, as to their respective opinions,
may be classed as follows :
In favor of the objection taken by Sir F. Pollock and Mr.
Fitzroy Kelly, that the lists of witnesses were not delivered in
compliance with the direCtions of the statute—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 st first mentioned hold
also the affirmative of the second point, that the objection
was taken in time : the last THREE, the negative, that it was
not taken in time.
The judges against the objection taken at the. trial, and.
who, therefore, hold that the lietsof witnesses were delivered
conformably with. the directions 'qf the statute, are Lord
Denman, Lord Abinger, Chief Justice Tindal, Mr. Justice
Bosanqiiet, Mr. Baron Gurney, and Mr. Baron Malik.
These learned judges may be said to be. against both points ;
for, on the negation of the first, the second falls to the
ground.
Such.being the divided state of judicial opinion upon this
grave and important question—a question affecting the lives
of three human beings, we ask CAN execution follow ? We
hold it to be impossible.

SPORTING INTELLIGENCE:

MANCHESTER.-Tu ESDAY EVENING.

Much excitement appears to exist as regards the probable
acceptances and refusals of the Chester Trades' Cup, and
every hour, as we approach the time when these must be de-
clared, will bring changes in the odds._

THE CHESTER CUP, P.P.
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 Abraham Newland

100 to 7 Mr. Copeland's' King Cole

800 to 46 „ Mr. Fowler's Gilbert Gurney.—t and re-
peated.
20 to 1 „ Mr. F. R. Price's Captain Pops.—t
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 on Melbourne;
500 to 10 against Stansty (offered.) It is said.sooo to 50 was
laid against Aimwell, 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-7MoanAY.,

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 offer 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 twice and thus we are constrained to put
them down as even favourites; it should be added, however,
that 15 to 1 had previously been taken about the Angiica
colt and several attempts made on the part of th:takers;to
go on at the same price, and to back him against Theon.
Launcelot 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 guar:.
ters,: and -subsequently, at 28 to 1 ; the same odds were ac-
cepted three or four times about Gambia. Monops was
backed freely at a fraction above 40 to 1, notwithstanding the
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.
15 to 1 against D. of Cleveland's Theon.—t
15 to 1 „ • Ld. Orford's Angelica colt.— t

,16 to 1 „ Lord Westminster's Launcelot. -
16 to 1 „ Mr. Houldsworth's Confederate.
18 td 1 „ Sir G. Heatlicote's Bbkhara.—t
19 to „ Ld. Jersey's Muley Ishmael.
24 to,. 1 „ .D,of Grafton's Ottoman.—t.
25 -to 1 „ Robinson's St.-Andrew.
'l2B' to 1 „ qtr. WrefortP.s Warden.,--t
28 -to 1 „ Lord Chesterfield's Gambia.--t .
30 to I „ Lord G. Bentinck's :'Grey Milton.—
' 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 , .4...0rd Lichfield's Defendant:--t.
Alto I.Muley Ishmael and Angelica colt (t), 1000 to 800:on
Angelica colt agst. Confederate (t) ; 600 to 500 on Wardan
agst. Grey Milton (t) ; 500 to 400 on Angelica 'colt- agst.
Muley Ishmael (t); 500,even Monops agst. Chamau (t) ;
350 to 200 on Theon agst. Wardan.
THE' OAKS.
4 to 1 against Lord G. Bentinek's Crucifix.
7 to 1 „ Mr. Fowler's Lalla Rookh.

25 to 1 ~ Col. Westenra's 'Welfare.
,30 to 1 „ . Mr. A Smith's Japonica.—t

MOST EXTRAORDINARY CASE.

• - (To the Editor of the Mayo Constittiticho. •
Sut,—l am surprised that the extraordinary case I am
about to mention has not, long ere now, attracted public at-
tention. If it occurred in England or Scotland, it would be
cried up as a physical wonder (as indeed it is,) and all the
woad be posting to witness it. The phenomenon, however,
has created so little interest here hitherto, that, though it is
known to many in this country, no one has yet stated the case
through the press, and though it comes in a special manner
within the province of the medical faculty, none of our phy-
sicians, that I am aware of, have made inquiry into it, or
given any information respecting it either to their brethren
abroid or to the scientific portion of the public at home.
The case is-as follows : .

At a little-flistance from the road leading from Swynford to
Cuiltemagh, and about a mile and a half from the former
,town, resides Mr. James Kavanagh, an honest, industrious,
and respectable villager. He has a son grown to man's
estate, who has been confined to his bed for the last four
years, and during that period he has not spoken.a word, nor
has he been known to eat or drink anything whatever—
nevertheless hii *colour is fresh, and his strength very • little,
if at all, impaired.. He gets up daily to permit his bed to be
dressed, and the moment it is ready he gets into it again
without taking the slightest notice of anything said to or
about him. He does not seem to sleep, at least .no one can
enter his room uokuown to him, but he takes no farther no-
tice of persons, even threatening to maltreat him, than by
fixing ins eyes sharply upon them. The only exception is
when any person blasphemes or curses, and then be looks
most fiercely, and turns away his head.
Previous to his gettin into this strange state, he was fully
in pos'ession of all his faculties of mind and body, and had
the character of being a pious and ingenuous young man—
an obedient son and a good neighbour. His present state is
so extraordinary a deviation from the laws of nature, that it
is eminently worthy of investigation, and I trust- that some
of our Mayo physiologists will inquire into it, and favour the
public with the result of their observations.
At first view of so extraordinary a case, one might be led
to suspect imposition ; but be assured there is none in this.
Mr. Kavanagh's family never sought to give publicity to it,
and the preseht notice is entirely without their knowledge or
consent, and probably may not be. pleasing to them, though
nothing can be farther from my intentions than to give them
pain ; and I trust that even they, upon reflection, will see
the propriety of calling the attention, not only of the medical
facultyi but of the public at large, to as extraordinary a case
as any upon record, and which it would be a sin against good
taste and philosophy to permit to pass into oblivion without
some effort to investigate the cause. I have the honour to
be, sir, your obedient servant,

PATRICK LYDD. JOHNSON

" CHARITABLE BEQUEST."--SHAMEFUL IMP&

SITION.

Many of our readers have no doubt been interested by an
advertisement under the head of " Charitable Bequest, which
appeared in the Mercury of Jan. 11th, and stated, that " a
benevolent pious Christian has directed to be placed in trust
£20,000, to be lent out to deserving persons who are in need,
in sums from £5O to £250,. on their own personal bond.
Honesty, sobriety, integrity, and frugality, are essential qua-
lifications. Applications, with references, made by letter
only (post paid), will receive due attention. Address to J.
B. Fielding, Esq. Metropolitan, opposite Chancery-lane,
Holborn." In consequence of this offer, a gentleman in this
town wrote to the address above given, and, in a day or two,
received the following reply :
No. 5, Carey-street, Lincoln's Inn Fields.
Sir,—We are directed by J. B. Fielding, Esq. to state, you
will be accommodated with two hundred and fifty pounds for
three years, at five per cent. interest, payable half-yearly.
You must remit a post-office order for three pounds, to pur-
chase the bond. stamp. You will have the money on or about
the 31st instant, when we shall call upon you to sign the
same.—Remain yours, PRICE & WILSON.
The demand of three pounds as a preliminary startled our
informant, and he made inquiry of a solicitor as to the pro-
bable character of J. B. Fielding, Esq. and his agents; when
he was informed, that another party had- already instructed
the solicitor to- write to his London agent to make the very
same inquiry ; that a messenger bad been sent to the Metro-
politan. which is a public-house, where the host and hostess
informed him, that they knew nothing of Mr. Fielding, but
that he sometimes called for letters addressed to him there ;
and that no fewer than three hundred had already been
banded over to other parties who bad •recently been there
applying for his letters. Two individuals, who had travelled
all the way from Birmingham to obtain a loan of part of the
£20,000, arrived at the very time the- naessenger, was at the
Metropolitan, and lost their expenses for -their- pains. The
client of the legal gentleman who had corresponded with his
agent in town, had addressed an application for £150; and
had received a reply, in which £2 was asked for, "to pur-
chase the bond ; ' and the letter was signed Follett and
Nephew, 37, Carey-street, Lincoln's Inn Fields ; so that
this benevolent Mr. Fielding seems to need a good many
lawyers to reply to applications for aid. Inquiries have been
made as to the existence of any legal firm named Price and
'Wilson, and none can be found, either at 5, Carey-street, or
in the law list; while the place • from which Follett and Ne-
phew date is a small coffee shop.--Leeds Mercury.

THY QUESTION OF PRIVILEGE.—COIIMITTAL of THE
SIIERTFFS.-111 the Court of Queen's Bench, on Monday,
Sir William Gossett, the Sergeant-at-Arms, produced the
bodies of the- sheriff's, whom he held in custody under the
warrant of the House of Commons, for a contempt of its
authority. Sir William put in the warrant, which (after a
long argument against its validity, by the counsel who, ap-
peared for the sheriffs,) the judges held to be sufficient, and
the sheriffs were sent back to their old quttlint the cellis
of the House of COMMOUS. •
. •

SPECIAL MEETING OF THE TOWN COUNCIL.

A special meeting of the Council was held in the Town-
hall on Wednesday., for the consideration of several subjects
enumerated in the notice. JOSHUA- WALMSLEY, Esq.,
the Mayor, presided.

AMENDMENT OR THE LOCAL POLICE ACTS

The MAYon said the first business for the consideration
of the Council, Was the question of proceedir, to parliament
for power to amend the pOlice acts, by introducing several
clauses from the metropolitan police act. It would be recol-
lected that the Town-clerk had been requested to report as
to the- advantage of certain clause in the metropolitan act
being applied to.this borough. - The Council referred his re-
port to the WatOi Committee, and the Watch Committee
were nnw..prepared with -their. re port. •
The TOWN-CLERK then read the following report :
" Mitt pursuant to the directions of the council, the com.
mfttee considered the Subject of the addition to our local
code of clauses from the metropolitan police act.
ir That the fOllOWing clauses from that act have had their
Most particular attention:— --
" ' And be it enacted, that no licensed victualler or other
person shall open •his house within the metropolitan police
district,-for the-sale of beer, or other fermented
or distilled liquors on Sundays, Christmas day, and Good
Friday, before the hour of one in the afternoon, except re-
fresinxtent for travellers:
.`•'`. And be it enacted,, that every person licensed to deal
in exciseable liquors within the said district, who shall know-
ingly suppli`any sort of distilled exciseable liquor to any boy
or girl apparently under the age of sixteen years, to be drunk
upon the premises, shall be liable to a penalty not more than
twenty shillings ; and upon conviction of a second offence,
shall be liable to a penalty not more than forty shillings ;
and upon conviction of a third offence, shall be liable to a
penalty not more than five pounds.'
" Also the 44th clause, regulating other houses of public
resort, so far as regards the concluding provision, against a
licensed victualler, greater penalties than any other offender
is made liable to.

" That, after considering the memorials for and against
the adoption of these clauses, and hearing a deputation from
the licensed victuallers, the committee have come to the
following opinion, viz. :
" That while the Committee are impressed with the advan-
tage which would result to this town, from the adoption of
the 42d and 43d clauses in the metropolitan police act, re-
lating to the better regulation of public houses, they are not
prepared to recommend the council, to apply to parliament
in the present session, to obtain a bill to carry such adoption
into effect, feeling that such legislation should he of a general
rather than a local character.

"The committee, however, recommend to the council the
propriety of memorialising. the government and petitioning
parliament on this subject, in order that these provisions may,
by public general bill, be enacted throughout the country.
" That, with regard to other clauses in the metropolitan
police act, including the 44th, except as already noticed, the
committee have resolved, that -it • appears to the committee'
that there are many of the clauses of the metropolitan police
act which might, with great advantage, be added to our local
code, and that therefore the committee strongly recommend
that the notice now given for a bill to amend our local acts,
and to add clauses from the metropolitan act, be followed up
by a petition, which will not cost more than from £lO to
.115, and will allow ample time for the committee to report
fully to the council, on the proposed amendments, before
any further expense is incurred. The time limited by the
standing order of the House of Commons, for bringing in
private bills, being limited to the 9th of March."
Mr. Alderman THORNHILL begged to move the confirma-
tion of this report. The subject had received every attention
from the Watch Committee; and the report had been carried
by a large majority.
Mr. JOHN SMITH seconded the motion.

Mr. BOLTON said it appeared to him that this was a very
important subject, and one that required consideration. The
council had no knowledge that it would come before them,
and had had no time for consideration ; it was, therefore,
rather too much to ask for their concurrence to this report
until they had had better means afforded of considering the
matter. He did not mean to say it would be improper for
the recommendations of the Watch Committee to be adopted;
but as he had no knowledge upon the subject, nor time to
weigh the bearings of the two clauses, it would be well to
postpone the consideration of the subject.
Mr. RATHEONE enquired whether it would be in time if
the consideration were postponed till the monthly meeting
next Wednesday ?
The TOWN-CLERK said it should be observed that the
Watch Committee decidedly recommended the council to go
to Parliament for certain clauses in the metropolitan act ;
but the petition would be general—just as general as the no-
tice ; and after the presentation of that petition, it would be
quite in time for the council to come to a determination as
to the adoption of certain clauses and the rejection of others.
There would therefore be time if the consideration were
postponed till the monthly meeting on the sth February next.
Mr. RATIIB01!•IE wished, then, for the subject to be post-
poned, in order to afford time for consideration. What ob-
jection there was to preventing the opening of public houses
until the hour of one.::on Sundays he was not aware, for he
was sure it would be a public benefit.
The MAYOR said methorials on both s'deS the question
had been presented to the council, and the matter was re-
ferred to the Watch Committee. This was their report ; so
that this was not the firsf time the subject had been before
the council.

Mr. SMITH observed, that the Watch Committee recom-
mended a general measure—not a particular measure.
Mr. BRIGHT, in answeeto a remark from Mr. Alderman
Thornhill, would state, that the committee were not unani-
mous in agreeing to the report. It was adopted by a ma-
jority of l against 4.
The Tomrii-CLERK suggested that the motion should be
altered :Is follows :—" That the recommendation in the report
of the Watch Committee, so far as relates to the presentation
of 4 petition, b'e, adopted ; but that the other parts of the
report stand over till the next monthly council."
11. LAWRENCE said, it struck him that the measures
proposed to be asked ought to be of a general nature, and not
peculiarly applicable to Liverpool. If they were general
they could not but be attended by beneficial consequences';
and he thought the course adopted by the Watch Committee
the most prudent.
•TtioßNinta, and Mr. SMITH altered their motion
into the form suggested by the Town-clerk.
Mr. H. -LAWRENCE rt:Teated that he should prefer the
adoption of the -.motion altogether ; but he did not think it
necessary to..divide the Council upon it. - , -
The motion was then put, and carried. ; .
AMENDMENT OF THE COURT OF REQUESTS' AC{`.

The MayO;;;id, the nest question was, to consider the
propriety of applying to plirliament for a bill to amend the
Court of Requests' act. • -
The TOWN-CLERK read the following report from,. the,

committee upon this subject :
" That in order to avail themselves of any opportunity
which might in the present session be afforded for obtaining a
bill to.amend the constitution of the Court of Requests by
the addition of commissioners from the public at large, the
committee directed the necessary notice to be given; and they
would now propose to the council that they should be em-
powered to present a petition for leave to bring in a bill, a
measure which will be attended witivan expense of from £lO
to £l5, and will not require any further steps to be taken be-
fore the ninth of March, and would so far secure the present
session for any private bill that might be deemed advisable.
"But from the experience of the last session as to the
course taken with private bills for Courts of Requests, the
committee would recommend that the application made to
the legislature in the last session for clauses in_the county
courts bill, a public bill then proposed in the House of Com-
mons, should be renewed either upon the occasion of a county
courts bill being again proposed (as is expected), or inde-
pendently of any such measuresuch application in the first
instance being addressed to the government. That the ap-
plication to'the legislature in the last session was as follows : '
—The petition was then read.
_On the motion of Mr. iNloancaorr, seconded by Mr.
BRIGHT, it was unanimously resolved that the recommen-
dations of the Court of Requests committee be adopted.

THE 'HARRINGTON DOCks COMPANY. -
The TowN.CLERK read the following resolution, agreed to
by the Dock Committee at their meeting on the 20th inst.:—
Resolved,—That the chairman do request the concur-
rence and co-operation of the Town-council in opposing the
attempts now being made by parties styling themselves the
Harrington Dock Company, and the proprietors of the Her-
cubtneurn Dock Estate, to obtain legislative exemption for
dock's which they propose to build from the dock-rates esta-
blished by. acts of parliament, and payable by all vessels which
enter the port of Liverpool."
Mr. Alderman "LEATHom,chairman of the Dock Committee,
said the Dock. Committee had been induced to send that reso-
lution to the council in consequence of notices having been
given by the Harrington Dock Company, and other parties,
of their intention to apply for a bill to establish separate and
distinct docks, and thereby to claim exemption from the cor-
poration dock rates. If these parties carried their bill, it
would be found to prejudice, very materially, the property of
the council, and to interfere with the buildings, docks, and
other public establishments of the corporation. The Dock
Committee, therefore, had thought it right to bring the sub-
ject before the council, in order that they'might support them
in petitioning against, and otherwise opposing, the proposed
bill. He begged leave to move, that the Finance Committee
be authorized and instructed to use all the means in their
power to oppose the unjust and unfounded pretensions of the
parties acting under the name of the Harrington Dock Com-
pany, and the proprietors of the Herculaneum Dock Estate.
Mr. W. W. CURRIE had great satisfaction in seconding
the motion.
Mr. YATES said, it was with great diffidence that he rose
on this occasion, as he knew so little about docks ; but what
he was going to say, had rather a tendency to promote the
principle of free trade which, as most of them would agree,

;was very advantageous. The amendment he inteiuled
to submit was, " That the docks belonging to the dock
estate shall always have a preference, but whenever
there shall not be room for a vessel to enter such
docks on her arrival, or whenever a vessel cannot find ready
accomodation for discharging or loading within forty-eight
hours from the time of arrival, such vessel shall be at liberty
to seek accommodation without paying any dues to the dock
estate." He was aware, and in this he agreed with the Dock
CoMmittee that there ought be great protection afforded to
the dock estate seeing that it was a public benefit, that so
large an amount of money had been expended on it, and that
it was necessury to raise funds for making further dock accom-
modation. He thought also that some consideration was due
to the holders of bonds, whose debt, he believed, amounted
to not less than'a inillion and a half ; but it must further be
borne in mind that a great deal of consideration was due to
the public. He would ask gentlemen More conversant with
the subject than himself, whether it did not often happen
that vessels had to wait for a long time before they could get
a quay birth or accommodation for discharging? Now, if a
resolution of the kind he had read were to be acted upon it
might produce beneficfal effects by removing the system of
delay, which often happenedb vessels discharging and load-
ing. He was aware that such vessels were in the habit of
discharging a single package or two per day in order to avoid
breaking the regulations ; but, he thought, this regulation,
under the resolution he proposed, might be made more strin-
gent. As an advocate for free trade he would contend that
all vessels coming to this port were entitled to all the accom-
modation necessary for carrying on their business with the
greatest convenience and despatch. He did not think the
council would injure the dock estate to any material extent,
by adopting such a resolution a§ this ; and he thought it due to
that freedom of commerce oiA,hich he was an advocate, to
move it.

No one rising to second the proposition, it fell to the
ground.
. _ _

Mr. Alderman SIMI, asked whether there were any ob-
jections to strike the words " unjust and unfounded" out of
the resolution? It was not 'necessary to insert such strong
terms ; and if the mover and seconder did, not think it ad-
visable to withdraw them, he would move an amendment to
that effect.
Mr. Alderman'EAßLE concurred with Mr. Sheil.
Mr. LEAiliom and'Mr. CURRIE immediately consented to
withdraw the words, and they were struck out.
Mr. Alderman EVANS thought it not proper to allow this
subject to pass Without adverting to the real and permanent
objections in. this case. It was impossible that any parties
could compete with the dock estate of Liverpool in open
docks. Three-fourths of them had been 'built out of the
public funds, and paid no interest whatever. They were si-
tuate in the very heart of the town, and they were in the best
position-possible; inasmuch as they were near all the great
means of communication with the interior. They were con-
tignbus to the railway, to the canals, and to the very best
'outlets: In open docks, therefore, no body of men with
common sense would ever dream of competing with the an-
cient dOcks of Liverpool, which were worked out purely
for the public advantage. But the great evil would be, that
if-the parties in question got exempted from dock rates,, they
yiOald at pace owe 4x uponevery.other right that could be-
I

long to property. . They would build docks, and surround
them with warehouses, and the moment a dock was sur-
rounded with warehouses, that dock became a magnet to
which commerce would be attracted ; and if they (the Coun-
cil) were to allow this, until the docks of Liverpool were pro-
vided with those necessary accompaniments—(for they could
not have an idea of docks without cranes, warehouses, &c. ;
they were as necessary to a dock as masts. sails, and hull
were to a ship)—it would be destruction to the docks of Li-
verpool. He hoped, however, that they should one day be
in a situation, with regard to dock warehouses, as to enable
them to give an invitation to the.llarrington and other dock
companies to compete With thetri (the dock estate) it' they
dared. He had such a perfect conviction of the advantages
of the ancient docks of Liverpool, that he did not know that
he would raise his voice—probably he would not—against the.
exemption of private docks from dock dues, if they (the
Council or the Dock Committee) had once accomplished
their objects : but to 'suppose that they would allow this
measure .to go .forward unopposed before they had accom,
plished their objects, and allow others to get this advantage
before them, was preposteroui; there could-be no more sui-
cidal a proceeding than that.
The MAYOR then put the resolution, and it was unani-
mously carried.