The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-01-13 00:00:00

FOEEIGN AND COLONIAL

AMERICA.
By the arrival of the New York packet-ship, which
reached this port on Wednesday last, advices to the 17th
ult. (inclusive) have been received, being two days later
than the news brought by the Cambria.
The Oregon question was mooted in the Senate on the
17th, and some of the speeches were exceedingly warlike,
especially that of General Cass. He thought "it was
better to fight for the first inch of Oregon than the last;
better to meet the enemy at the threshold than await his
approach to the hearthstone." He recommended giving
the twelve months' notice required by the treaty with
England, and at its termination, " should Britain persist
in her claim, it must amount at once to a declaration of
war—at once bring on the struggle." Mr. Mangum op-
posed the course urged by the General, desiring rather so
avert than court war. "If a war should break out, it
would be, not for Oregon, but one between the antago-
nistic systems of European monarchies and Republican
institutions." Mr. Allen supported Gen. Cass's views,
and Mr. Archer those of Mr. Mangum. The latter dwelt
forcibly on the mischiefs which might result to the dwell-
ers on the American seaboard, from the steam-ships of
Great Britain. The debate was adjourned.
The New York Enquirer, of the 16th, states that an
interview, .of some length, had taken place, between the
American Secretary of State and Mr. Pakenham, the
British Minister, " undoubtedly, on the Oregon ques-
tion." Some hope may, therefore, vet be entertained,
that the business will reach an amic

Lble termination

THE WEST INDIA MAILS

The royal mail steam-packet ship, Tweed; G. Parsons,
R.N., commander, arrived at Southampton at six o'clock
p.m., on Tuesday, bringing the Gull and West India
mails, sixteen cabin passengers, and some invalids.
The news brought from Mexico by this arrival is inte-
resting, though it all betokens a very disturbed state of
the country. The following, written at the last moment
of the steamer's leaving, will be found somewhat impor-
tant, especially as containing the latest news

On the departure of the royal mail steamship
from Vera Cruz on Dec. 2, the affairs of Mexico were in
the most deplorable state. Mr. Slidell, the American
envoy, to arrange affairs with the United States, had ar-
rived on the preceding day, but the courier of the English
legation brought the intelligence, on the morning of the
Ist of December, that General Paredes, with 8,000 men,
was marching on the city from San Luis, demanding a
w provisional government, and the convocation of a
new popular convention, so that there was no hope what-
ever of an arrangement with the States, since his princi-
pal charge against the Mexican ministry was the having
entered into negotiations with them for a cession of part
of the national territory. There is but little doubt but

that the present government will be overthrown, and then
it will fall into the hands of the popular party. In the
mean time, the Americans are running in crowds to oc-
Californias and some of the contiguous pro-
vinCes. Their army, under General Taylor, were within
22 leagues of Matamoros on the 12th of November, and
on the march to occupy the left bank of Rio Bravo del
Norte, which they appear determined shall henceforth be
the limits between Mexico and the United States.

" The city of Vera Cruz was tranquil ; but no one
could tell bow long it would remain so. The money was
convoyed from the interior, it was supposed, on the Ist of
December, as appointed, and specie was in great demand.
In short, there is at tl Mexico at work every
element of a social di

13 momen
solution.'

The islands are healthy, and the we
part favourable.

ther for the most

- A petition has been presented to the House of Assem-
bly, praying for a repeal of the act of incorporation of the
city of Kings'on, which was granted in 1801. The Mayor
seems to be at the head of this movement, and a good deal

of excitement has been the consequence, and meetings
held pro and con.; and a number of the inhabitants have
prepared a petition praying to be heard by counsel at the
bar of the house against t`

inhas continued to fall most plentifully in Bar-

badoe
last a
the th
weath

siting the island both day and night, since our
the wind was very boisterous;

)unto a

r has range

d as low as

a very general,

74 degrees. This
mrth is completely

saturated

The Trinidad Council of Government has been much
occupied in the discussion of the motion of Dr. Philips to
abolish the bounty on passage-money paid for immigrants
from neighbouring colonies. On the suggestion of the
Solicitor-General, the motion was ultimately postponed,
and a committee appointed to inquire into the subject,
and the alleged frauds committed by collusion with the
captains of vessels bringing colonists to the islands.
to Anna continued at Havana, and it is generally
d with the view of sooner r later returning to

SANDWICH IS LANDS

We have received some extracts from a file of Sand-
wich Island papers, published in English at Honolohu, to
the Ist of September. Judging from these papers, the
islands are making rapid advances i❑ civilization, as they
contain a large number of commercial advertisements,
and abundance of that free discussion which indicates a
state of society that has interests to preserve. We also
find that the H awalians have Legislative Chambers, Mi•
sisters of State, and a Court in which etiquette is pre-
served with as much precision as St. James's.
Among the extracts alluded to is a report made to the
lature by Mr. Wylie, the Minister of Foreign Af-
in which will be found the rise and progress of the
1 independence, with several passages from the cor-
respondence of the British Government with our Consul,
General Miller. We have also a petition from certain
chiefs, who, jealous of the location and enterprise of fo-
reigners, protested against strangers being allowed to take
the oath of allegiance to King Kamehameha IV., with
the negative answer made by his Majesty's Ministers to
those representations. We have then the correspondence
that took place between Mr. Secretary of State Wylie
and Mr. Hooper, Acting Commissioner of the United
States, who undertook to suspend diplomatic relations, on
the ground that American subjects had been induced to
transfer their allegiance to the said Kamehameba, and
that the law courts of the realm refused to listen to his
complaints.
As an additional specimen of the march of the Sand-
wich Island mind, we should not omit to say that the
Court newsman has abundant employment in recording
the dinners and fetes given by the King, with the names
of the personages honoured by invitations to the Royal
table. Alas ! nor should we forget that Honolulu Obai
has both a Court of Chancery and an Insolvent Debtors'
Court.

island

EXTRAORDINARY LAW CASE IN TRINIDAD
The Trinidad Standard, of the Ist ultimo, reports a
case that took place on the 27th of November, before the
SUPREME CIVIL COURT of this island, which is con-
sidered of considerable importance to persons connected
with plantation interests. It was a terceria, entered by
Messrs. Miles and Kingston, in an action brought by Mr.
A. Mackintosh against the heirs and legatees of the late
Thomas St. Hill, and Philip W. S. Miles and Thomas
Kingston, terceros opositores ; and was tried before the
Hon. George Scotland, Chief Justice, and two acting
puisne judges. Mr. Scotland, jun., appeared for Messrs.
Miles and Kingston ; Messrs. Bowen and Stone for Mr.
Mackintosh.
Mr. Scotland, before proceeding with the terceria, said
that although the levy in the case had been made, and the
sugar and molasses in dispute had been sold by the mar-
shal, in the month of June last, no return of the writ bad
yet been made, notwithstanding the case had been several
times before the court, and it was promised to be re-
turned on each occasion. In the case of the terceria of
Miles and Kingston, in the previous action, the marshal
had stated as an excuse for not obeying the order of the
court to return the writ, that the purchase money of the
property bad not i een paid to him. In this case there
could be no such excuse set up, for the money had been
paid five months ago. Unless, therefore, his learned
friends on the other side would waive the objection to the
return not having been filed, he would apply to the court
to adjourn for half an hour, and peremptorily order the
marshal to return his writ within that time.
The Chief Justice asked where the money now was ?
The Attorney General, who appeared for the marshal,
stated that the money might be considered as in court;
and produced the writ of execution, with the particulars
of the levy, but not signed by the marshal.
It was agreed that the return should be used in that
state, the Attorney General having promised that it should
be signed on the marshal's coming to his office.
Mr. Scotland then called witnesses, and put in evidence
the proceedings of Messrs. Miles and Kingston v the
Heirs of St. Hill, and two deeds of mortgage filed there-
in, granted by the late T. St. Hill, on the Perseverance
and Wellington estates, on which they had received a
judgment of upwards of £ll,OOO sterling. The estates
bad since been carried on by the executor, and the money
for them had been furnished by Messrs. Colhoun' Bro-
thers, and Co. The matter now in dispute was 13 hhds.
of sugar, and 18 puncheons of molasses, which bad been
seized on the estates by the marshal, under a writ in the
case of Mackintosh v. the Heirs of St. Hill. The plain-
tiff in this case had obtained judgment on a simple con-
tract debt. Messrs. Miles and Kingston now came in to
claim the proceeds of these sugars and molasses, under
their two mortgages. One witness defined the distinctive
meaning of " crops" and " produce." Mr. Scotland,
who contended that, under these mortgages, his clients
were entitled to be paid preferentially out of the proceeds
of the sugar and molasses which had been seized in the
cause, in consequence of being specifically mortgaged to
them, moved the court for a judgment of preference.
Mr. Bowen contended that no mortgagee could come
in by preference over an execution creditor, unless he
were actually in possession of the mortgaged property,
which was not proved. The executor was the party in
possession ; and in support of his view he cited several
English authorities. Mr. St. Hill, in the first mortgage,
agreed to ship all his crops, and in the second, 150 hhds.
yearly : therefore he had liberty to do with the rest as he
wished.
Mr. Scotland replied. The cases referred to on the
subject of English mortgages were quite inapplicable as
regulating such securities by the law of Spain. True, the
second mortgage required Mr. St, Hill to ship only 150
hhds., but the mortgage granted on the whole of the
crops of the estate was in no way affected by the cove-
nants, so as to impair it as a security for whatever sum
might be due under these mortgages. As to there having
been no breach, this was answered by the judgment re-
corded by the terceros opositores, in their action against
the heirs of St. Hill, which action was founded on these
two mortgage deeds, and bad been entered, and a decree
obtained thereon before the levy.
'The Cbief Justice stated the opinion of the bench. The
case was clear. By the law of Spain the owner of a sugar
estate had power to mortgage his crops of sugar and
molasses, and the mortgagee had the right of arresting, in
the hands of the marshal, the proceeds of sales of such
crop, when levied upon at the suit of a simple contract
creditor of the mortgager, provided that at the time there

was any thing due upon the mortgage. The crop of the
estates of the late St. Hill had been specifically mortgaged
to the terceros. He also referred to the action of the
present plaintiffs against the succession of St. Hill, in
which they obtained a decree upon these two mortgages.
The judgment. of the court, therefore, was for Messrs.
Miles and Kingston, the plaintiffs in Terceira, with costs.
Eventually an order was made that the Marshal do forth-
with pay over to Messrs. Miles and Kingston the net
proceeds of the mortgaged property, deducting the de-
positing in cash the amount of the costs of the plaintiff in
the action, which would await the further order of the
court.

The Trinidad Spectator severely comments on the
conduct of the Marshal in this case, in retaining the
money in his own hands for five months, in place of pay-
ing it into the Treasury ; and calls upon their Elonours,
the Judges, to interfere, and amend a system so irregular
and reprehlnsible.

It is stated to be in contemplation to erect a handsome
club-house at Adelaide, South Australia.
Whilst the Emperor Nicholas was at Rome, in one of
his walks, a Polish lady threw herself at his feet, and im-
plored the recall of her son, who had been exiled to Sibe-
ria. Her prayer was granted.

By order of the Emperor of Russia, from the Ist of
January no Jew will be allowed to be distinguished by
any part'cular article of dress. They are then to assume
without exception, the usual dress of the other inhabi-
tants, or the Russian national costume. _ _

A lamentable accident happened on Saturday week,
near Zivelle, in Holland. Fifteen persons were crossing
the river from Hallem in a small boat, when it upset in
the middle of the river, and every person, including the
boatman, perished. Most of these unfortunate creatures
have left families in poverty. _ _

The Maydeburgh Gazette publishes details of a horri-
ble drama which occurred at a village near that town. A
man, in a fit of insanity, killed his wife and five children,
and then set fire to his house to conceal his crime. He
next inflicted on himself two wounds on the neck and
chest, and presented himself to a surgeon of Magde-
burgh, declaring that he had been attacked and thus in-

Jared by the individual who had committed this series of
crimes. The authorities at once proceeded to the house,
and found nearly everything consumed, and the bodies
calcined. The man afterwards acknowledged that it was
he who had done all himself. _ _

BUENOS AYRES.—Accounts have been received from
Buenos Ayres to the 29th October, by the Hermes.
There was no change whatever in the political state of
affairs. The inhabitants continued to be subjected to the
daily drill, which caused great annoyance to thetas, and
very general dissatisfaction prevailed among the
classe

Tne foreign merchants were very busy clearing
off all their produce by the 31st October, when the vessels

would have to

leave, anc

many indicid

nals we

ing. If the convoy of merchantmen about to proceed
from Monte Video up the river to Corrientes, under the
protection of the British steamers, succeeded in getting
up. (and there was little doubt of it.) a great and thence-
forward increasing trade would be opened out, which
would all centre at Monte Video; and, leaving Buenos
Ayres isolated, would have a most ruinous result for
Rosas' political influence in the states of Entre Rio. Cor-
rientes, and Paraguay, and would relatively place Monte
Video in a flourishing position even if Rosas' army re-
mained in that province. This step of the allied ministers
was highly approved of.
PROSPECTS OF EMIGRANTS TO AIISTRALIA.—Emi-
grants of capital now proceeding to New South Wales,
have a great advantage over those who arrived in the co-
lony a few years ago ; for, in 1839 and 1840, mixed flocks
of sheep sold at £1 ss. per head, cattle at £5 10s., while
farms were scarcely to be had for love or money ; where-
as, at the close of 1844, mixed flocks of sheep averaged
ss. per head, and horned cattle £1 ss. per head, and very
many farms, or small estates, of rich soil, were in the

market at extremely low figures. Farms of a thousand
acres, completely fenced in, and partly cultivated, with
comfortable brick cottages, stables, and all necessary
outbuildings, (such as could not have been erected for
less than £800,) are now to be readily purchased for ten
or twelve hundred pounds from colonists who either are
in embarrassed circumstances, or believe they can employ
their capital to better advantage than in farming. The
persons best adapted for Australian settlers are young
men with £2OOO and £3OOO in their pockets, who have
sufficient moral courage to resist all the temptations of a
town, adhere firmly to the less polished and rather mono-
tonous routine of a bush life, and are not too fastidious,
but, on emergency, could eat damper (a coarse dark
bread) and salt junk, using their fingers instead of knives
or forks, drink tea out of tin pots, and sleep in the open
air with saddles for their pillows, occasionally without
even a cloak for a covering. Alter landing, the emigrant
of capital cught to be excessively guarded in his move-
ments, and take no step without due consideration. He
should remember that he is in a land of s'rangers, and
allow no insinuating tongue or interested giver of dinners,
to induce him to embark one shilling of his capital in any
colonial business, until he has gained much local experi-
ence. The emigrant will find that he has plenty to learn,
with not a little to unlearn ; and he who spends some
months in acquiring colonial knowledge, will find himself,
ar the end of a few years, in a very different position from
those who foolishly believed themselves possessed of in-
tuitive knowledge of colonial affairs, and dashed headlong
into them. Australia presents many inducements to fa-
milies having capital of about £Booo—the heads of which
are men of education, possessed of strong minds, and good
common sense, but not having been brought up to any
profession or business, have no likelihood of increasing
their capital at home. If, however, the head of the fa-
mily—no matter how well educated and upright—be a
man of vacillating disposition, emigrating to Australia
will only have the effect of reducing his family to a worse
plight than they were in at home ; for, it is a fact which
will not admit of dispute, that, to succeed in the colony,
men must think and act for themselves, and oftener listen
with suscipion than credulity to advice hat has any refer-
ence to pounds, shillings, and pence. We will suppose a
family, and there are many such, existing upon £2OO or
£3OO a year in England; sums which they would consider
good interest for a capital of £BOOO. Such a family
would, at home, have many difficulties to contend with.
They would be excluded, by their poverty, from occupy-
ing the position in society to which, perhaps, the head of
the family, by birth, manners, and education was enti-
tled. Now, if this family emigrated to New South Wales,
their position in society would soon be reversed. They
would be no longer dependants on others for their social
existence, and they would find out that their £BOOO, judi-
ciously managed, was quite sufficient for the foundation
of a fortune. The whole family could be landed for £2BO
in the colony. £lOOO will purchase an improved farm,
in any of the respectable districts, with all the requisite
buildings, 100 or more acres in cultivation, a good garden
and orchard, besides being stocked with fifty head of
horned cattle, and eight or ten horses. From the farm
alone, without any other delay, the family, however large,
would obtain all the necessaries, and some of the luxuries
of life ; and if worked as a dairy farm, it would return in-
terest on the purchase-money. A sum of £2OOO invested
in good mortgages, at ten or twelve per cent., will return
the family as much as their whole income in England
amounted to ; while the remainder of the £BOOO, judici-
ously expended in sheep or cattle, will, besides increasing
their annual income, eventually double and triple the
original capital. The position of such a family would soon
be changed for the better—their style of living would
gradually become more conformable to their increased
income.—Balfour's Sketch of New South Wales.