The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-09-10 00:00:00

ME LIVERPOOL STANDAII,S

At the outset of his statement, Mr. Rushton com-
plains that the justices " had no part in the prepa-
ration of the case ;" the opinion " had not been
taken for both bodies," nor " been taken with their
consent, approbation, or advice." He admits that
" the facts are fairly stated," although in his opi-
nion " rather nakedly stated." He admits the fact,
stated in the opinion itself, of one counsel having
been selected to argue the points in dispute, on be-
half of the Justices, and another on behalf of the
Watch Committee; but he repudiates the circum-
stance of either of such counsel being the Justices'
" representative," inasmuch as they had not drawn
up their owo case—had not laid before him, in' ad-
dition to "a fair," although a " rather naked state-
ment," one coloured to their own taste. We might,
however, remind Mr. Rushton that he and his bro-
ther magistrates had ample opportunity to take an
opinion of their own. It was sufficiently notorious
at the time that the Watch Committee were doing
so; and it is rather too late, therefore, to quarrel
now with the result of the proceedings taken on
such a ground, especially when he puts his opposi-
tion to the correctness of the opinion upon strictly
legal, not circumstantial, grounds. Besides, the
Town-clerk states, in his letter to the Watch Com-
mittee, that the " statements in the case, for fairness
and impartiality, cannot be impugned." If the.
Town-clerk has given unintentionally any colouring
to the case, it is much more likely to be favourable
to Mr. Rushton's views than to those of the Watch
Committee, as the former gentleman, at the time
of drawing up the case, was avowedly of the same
opinion as Mr. Rushton.
The premises are virtually admitted upon which
lir. Edward Rushton is at issue, as to the law, with
Mr. Fitzroy Kelly, Mr. Cowling, and Mr. Edward
Cardwell—the two first names those of the most
eminent lawyers of the day, with perhaps one ex-
ception, ani the latter almost equally eminent.
Messrs. Kelly, Cowling, and Cardwell were una-
nimously of opinion that
" The justices could not regularly or lawfully have pro-
ceeded
to dismiss from the police force the constables in
question, if they had refused to resign their membership
of the Orange Society, however objectionable it might be,
that persons charged with the preservation of the peace
should continue members."

31r. Edward Rushton maintains that their law
is bad.

Messrs. Kelly, Cowling, and Cardwell express
their opinion upon the remaining points thus :

" 2. We think that, by passing Mr. Bolton's resolu-
tion, and communicating it through the head-constable to
the parties, the justices have acted in an irregular manner,
and have claimed to exercise a power not vested in them
by law. We think the statute 5 and 6 William IV., c. 76,
has placed the Watch Committee in the situation of
Courts Leet at Common Law in regard to the appoint-
ment and dismissal of constables, 2 Str. 798. and T.
Jones 212, and, that these powers, except so far as may
be otherwise expressly provided by the act, are vested ex-
clusively in them. We think that, under S. S. 77 and
80, the justices have a power of adjudication upon the
conduct of constables in the discharge of their duty, one
part of which duty is a compliance with the regulations
directed in S. 77, to he framed by the Watch Committee,
and that, after such adjudication only (Str. 1,050) have
the justices the power of dismissal mentioned in these sec-
tions. We think that, as no prohibition against belonging
to an Orange Society is included in those regulations, and
as the tendency to occasional breaches of the peace is too
remote to be the subject of legal complaint, the being-a
member of such a society, constitutes no default in the
duty of a constable, cognizable by the justices under the
act, but is a a consideration properly falling within the
province of the Watch Committee, to whom the general
regulation and management of the force belongs."
Upon these points, too, Mr. Edward Rushton in-
timates his total dissent from their decision. Upon
all the points of the case our stipendiary is at issue
with these leading members of the legal profession !
The weight of his opinion is in the one scale; the
great experience, the profound learning, and ad-
mitted talent of the most eminent men of the British
bar is in the other; and yet the Justices of Liver-
pool have deliberately determined to commit them-
selves to the guidance of the former of these autho-
rities, and at his advice to plunge themselves into
an actual collision with the Watch Committee, who
rely upon what they believe to be the better gui-
dance of better lawyers.
We have not troubled ourselves here with doing
more than laying before our readers the bare facts
of this difference of doctors—this conflict of legal
authorities. We shall not presume to oppose our
opinion to that of " counsel learned in the law" on
either side. Mr. Rushtcn may be right in his view
of the case ; but it is more likely that he is wrong :
and weighing the opinions on both sides, and the
standing of the respective parties, we certainly have
very little fear of the result of an appeal to the deci-
sion of the Court of Queen's Bench upon the points
at issue. We cannot, however, but deprecate the
necessity of the heartburnings and enmities which
are likely to be thereby created between the mem-
bers of two bodies, whom it is so desirable, for the
sake of peace and good order, to see working in
amity together.
We may, however, offer a useful hint or two to
the Justices, by calling their attention to the light in
which they are placing themselves in the eyes of
their fellow-townsmen, by their conduct throughout
this affair, as compared with that of the Watch
Committee. They were the aggressors in the first
instance. They inflicted what is considered a slight
and a wrong upon the latter body by their hasty
proceedings. But was any temper or unworthy
feeling displayed in return ? No—the Watch Com-
mittee, with a becoming dignity, proceeded to
ascertain, from the most eminent authorities, an
opinion as to their position and the extent of their
privileges. That opinion was favourable to their
own views of those privileges; and now mark again
the difference in the conduct of the two bodies.
The Committee, without any unworthy flourish of
triumph, calmly, through their chairman, laid before
the magistrates a copy of the case submitted, and
the opinion thereon in their favour. Not a com-
ment was made which could provoke an angry feel-
ing. But what was the demeanour evinced in re-
turn by Mr. Rushton and his colleagues ? A spe-
cial meeting of the bench was summoned forthwith,
the reporter for a favourite Radical journal sent for,
and Mr. Rushton's thunder launched forthwith at
the heads of the Watch Committee. Surely the
difference in bahaviour and discretion here exhibited
is not one calculated to advance the bench in public
confidence and respect, whilst it is infinitely credit-
able to the gentlemen composing the Watch Com-
mittee.

Having said this much, we leave the case for the
consideration of our readers and the public, once
more reminding them that the authorities on either

side are—

Mr. Ldward Rushton,

Stipendiary Magis- I v.

trace, &C.

FITZROY KELLY, Esq.
Queen's Counsel,
Mr. COWLING, and
Mr. CARDWELL.

THE FUNDS, SATURDAY NIGHT.—The funds have
been firm, without a great amount of business. Saturday
in general is a quiet day at the Stock-Exchange, conse-
quent upon the early closing of the markets. Consols for
money left off this afternoon 99a to 4; and for the ac-
count 994; Exchequer-bilis, 755. to 975. premium; and
India Stock, 282 to 281. The foreign securities showed
no new feature, speculative business being exceedingly
limited. Spanish Five per Cents. closed 224 to 23; the
Three per Cents, 334 to 34 ; Portuguese, 444 to 454;
Peruvian, 23 to 25; Mexican, 354 to 96 : the Deferred,
154 to 4 ; Dutch Two-and-a-Half per Cents., 621 to 69;1 ;
the Five per tents., 1001 to I; Danish, 881 to 894 ; Co-
lumbian, 134 to 14 ; Chilian, 102 to 104 ; Buenos Ayres,
34 to 36 ; Brazilian, 814 to .854 ; and Belgian, 1024 to
1034.

THE INDIAN MAIL—The Sad of Marseilles says—
" The Indian mail has not arrived at i's usual time. We
think we can explain the delay as follows :—The de-
spatches are usually conveyed from Alexandria and Malta
by one of the Oriental Company's steam-boats. On the
arrival of this vessel at Malta the mails are transhipped
to another steamer, which brings them on to Marseilles.
The Alecto was appointed" for this service on the present
occasion, but, according to our letters, this English packet
should be
now at Mogador. It is no doubt owing to this
circumstance that the delay arises. The mails have pro-
bably been put on board some sailing packet, which will
be longer in performing the passage from Malta to Mar-.
seines." The Morning Herald of yesterday says—" It
should be borne in mind that the monsoons are on at
about this season of the year. The steamer, Memnon,
was lost in the month of September last year. The pro-
bability is that the mails have been delayed in conse-
quence of the violence of the monsoon. The year before
last the letters were received by the 3d of September, if
memory serves us right ; but at that period the weather
was more than usually moderate, and the steamers worked
regularly and without interruption. By Wedneseay or
Thursday next, no doubt, the arrival will be announced."
SMUGGLING WHISKEY.—At the Police-court, yester-
day, a female named Ann Doyle was charged before Mr.
Rushton with having received two gallons of whiskey,
which had been illegally imported in the steamer Finn
M'Coul, from the north of Ireland. Mr. Woodruff, im-
port surveyor, stated that he preferred the information
under the revenue act of Geo. IV., c. 8, s. 118, which
required the infliction of a penalty in each case of £lOO,
but left it to the discretion of the magistrate to mitigate
the same to one-fourth cf that amount. Mr. Rushton
accordingly, under the circumstances of the case, fined
the prisoner £25, and in default she was ordered to be
committed to gaol for three months.

MR. RUSIITON'S OBJECTIONS TO ORANGE-
MEN, DISSECTED.

In some remarks which will be found in our leading
columns upon the recent proceedings of the Justices of
the Borough, we have abstained from setting up our judg-
ment, in purely legal matters, against any of the lawyers
consulted upon the question at issue, but we cannot re-
frain from the opportunity A* n-ded us, and earned by
such forbearance, of remarking here, very briefly, upon
one portion of Mr. Rushton's long and laboured display
of legal lore, in which his motives and those who act with
him are set forth. In justification of the course taken
against the few members of the Orange order found in the
police-forte, he says :

" The justices were perfectly aware that, in a town where at least
70,000 Irishmen are. estimated to be among the population, and
where the Catholics and Protestants among them partake in a great
degree of the fierce spirit which unhappily prevails between them
in Ireland, great caution was necessary in order to prevent the po-
lice force being formed out of any part of those factions which have
been generated amidst the contests and alarms of one party or the
other. The justices thought that it was highly important that
those who were to act in the suppression of riots, and particularly
of riots occasioned by religious party fights, ought not to be either
Orangemen or Itibbonmen; they thought that such men would im-
pair the strength of the force, and render it not only less morally
influential, but very much less powerful with regard to the effi-
ciency of the force itself. It was the opinion of the justices that
their officers should not be fermed out of either faction, but that
they should all of them be persons to whom every member of the
working classes might appeal for advice or assistance without meet-
ing a hostile partizan where they sought only a minister of justice,"
And again :
" The very cause of all the inquiry originated in a procession
which, though not numerous, was represented to the justices as
dangerous to the public peace, and which, a few (Lys before the in-
quiry, had passed through the town unmolested by the police, and
then, for the first time, the justices were informed that Orangemen
and Ribbonmen were in the police. The justices had not forgotten
that battles had been fought in the town, during which life was en-
dangered and property destroyed ; and that one of these battles
continued to agitate the town for several days, and that the com-
batants were persons enraged against each other by religious dif-
ferences. To suppress such riots with a force containing members
of hostile factions, agitated by the very feelings which had created
the disturbances, was, in the opinion of the justices, dangerous, and
they thought for this cause, if for no other, that Orangemen and
Ribbonmen were both unlit for the performance of the duty of
constables in Liverpool."
Now it is a little singular that this excessive anxiety
that the constitution of the police-force should be devoid
of party—that its members should in no degree be influ-
enced by "that fierce spirit"- of religious animosity which
" unhappily prevails in Ireland"—should have been dis-
played at this particular period, and not before. There
was. none of this stickling for the absence of all religious
_Amor amongst the police-force in the palmy days of radical
supremacy, when a large number of that force consisted of
Papists bitterly opposed in feeling to the Protestant por-
tion of our population. There was no anxiety then, of
which we are aware, that the force should be constituted
of persons to whom "every member of the working clas-
ses might appeal for advice or assistance without meeting
a hostile partizan where they sought only a minister of
justice," unless the " fine pisintry" who presented them-
selves in shoals to the watch-board for election, with the
magical P.P. appended to the euphoneous names in their
credentials were, by virtue of their brogue and their ori-
gin, such impartial and learned peesons. Why the in-
creased care of Mr. Rushton and the magistrates now ?
We ought to have been informed.
A word, upon the care displayed by Mr. Rushton in
classing together as unworthy and antagonistic characters
Ribbonmen and Orangemen. Mr. Rushton had been in-
formed " that Orangemen. and Ribbonmen were in the
force." Possibly the case was so then, and, with respect
to Ribbonmen, may have been more extensively so in
former years ; but his informant well knew the almost
impossibility, a detecting Ribbonism. Men-do not ordi-
narily acknowledge themselves to belong to societies con-
nexion with which is an indictable offence. "The jus-
tices," he says, " had not forgotten that battles bad taken
place in the town," &c. ; and they thought that " to sup-
press such riots with a force containing members of hostile
factions, agitated by the very feelings which had created
the disturbances, was dangerous, and for this• cause, if
for no other, Orangemen and Ribbonmen were both unfit
for the performance of the duly of constables in Liver-
pool." But, Mr. Rushton, were these battles between
Orangemen and Ribbonmen ? That, we submit, is a fact
as yet scarcely proved. They were contests between Pro-
testants and Repealers and Papists ;—that we do know,
and little more than that. The real conclusion, therefore,
from the exquisitely-learned gentleman's own premises is,
that, because of their religious differences, Protestants
and Roman Catholics were unfit members of the force.
This is a dilemma he does not face; and he escapes out
of it by selecting, as especially unfit, those Protestants who
are members of legally organised societies—who are espe-
cially loyal and conservative—and throwing in, as a make-
weight to give the course pursued the semblance of fairness,
a class of men illegally embodied together for purposes
of outrage, disowned by their own fellow religionists, and
denounced by their own priesthood ! This is anything
but fair, Mr. Rushton.

LIVERPOOL ILLUMINATED 1— We were really not
aware, until informed of the circumstance by the pla-
cards published by a radical contemporary of Saturday,
that there was anything like universal rejoicing; even
amongst the low Irish population of our town, upon the
occasion of the recent " unexpected" decision of the
House of Lords, releasing O'Connell and his co-conspira-
tors (we must still call them such) from their well-de-
served imprisonment. We find, however, that in some
streets of our town‘ (not very savoury streets) there has
been an awful waste of tallow during the last two or three
nights. Orange-street, Lace's-street, Preston-street,
and other similar localities, we are informed, were illu-
minated on the news of the decision being received.. The
fragments of breeches and old hats which supply the
place of glass were taken out, for the nonce, and farthing
dips inserted in the windows. Bonfires we are told wen
actually lighted in Trueman-street, and other similar re-
sorts of the unwashed, (what were the police about, by-
the-bye ?) and the most exuberant and riotous festivities
were carried on amongst the Paddies. Something almost
akin to a procession was also attempted—viz. a few
carts containing drunken repealers paraded the town on
Thursday, and were not interrupted in their fooleries, the
Protestant population looking on in contempt.
HALE FLORAL AND AGRICULTURAL SOCIETY.—We
remind our readers that the annual meeting at the fine
village of Hale, for the exhibition of fruits, flowers, &c.,
will be held on Thursday next. The primipal object of
the society is to benefit the cottage-holder, and small
tenant, and generally to encourage an improved system of
agriculture amongst the more wealthy farmers. Its
ameliorating influence has already been evidenced in the
superior air of cleanliness and comfort of the cottages and
neatness of the gardens in that neighbourhood ; and tLe
useful exertions of the society, are, we rejoice to observe,
appreciated and encouraged amongst the higher classes in
the locality, and many miles round it. The meetings are
invariably highly respectable, the distance from Liverpool
and other large towns tending to make them select. The
drive to Hale, and the proverbial beauty of the village,
conspire to render a visit one of the most delightful
" outs" of the season, and we know of no one who has
been present on former occasions who has rot returned
home delighted with the treat, whetter as regarded the
show, or the attractions, rural and antiquarian, of the
spot. The society was established only 4 years ago, under
the patronage of John Ireland Blackburne, Esq., of
Hale Hall, and its flourishing condition affords thebest
testimony of its merits.

THE BISHOP OF JERUSALEM.--We are happy to state
that the friends of Israel in this town purpose to present
the worthy Bishop of Jerusalem with a handsome Bagster's
Polyglot Bible, consisting of eight languages, as a small
token of their sincere esteem and regard for him. We
understand that it has originated with the Christian
Israelites of this town, some of whom are old friends of
his lordship. The mounting of the Bible will, therefore,
be done in the old Jewish style, with a Hebrew motto,
taken from the ancient Hebrew Ethics, which is " Be thou
bold as a leopard, swift as an eagle, quick as a hart, and
mighty as a lion, to do the will of thy Father who is in
Heaven." Mr. John Herbert, herald chaser, of this town,
designed the mounting as follows. The four corners on
each side are after the Gothic, or old French (which is
extremely well adapted to such work), and two centre
prates, with two clasps, highly enriched. The motto will
begin at the right hand corner, and finish in the centre of
one side, with a double intersected triangle rayonce on the
lower side of the book. The same is the arrangement of the
corners on the upper side, and finish in the centre, with
his lordship's coat of arms, mitre, &c. The clasps will
also be pierced work, with a mitre upon each. We look
forward to its completion with interest, and trust that
Israel's friends will do their utmost to forward such a well-
merited testimonial.

GuAilt-vrNG.—Sunday last was the half-yearly r7ze
day at Christ Church Sunday School, and a more pleasing
sight could not be witnessed. The girls and boys were
arranged on'each side of the room, headed by their respec-
tive teachers : a large assemblage of ladies and gentlemen
occupied the platform. The curate (Rev. T. C. Cowan)
distributed the prizes in a very pleasing manner; after
which an appropriatehymn was sung by the children. Mr.
Cowan then rose to address the teachers respecting a pre-
sent they had sent him the previous evening, but his feel-
ings overcame him, and after a second attempt to give ut-
terance to his sentiments, he was obliged to sit down.—
The Rev. P. Ould then rose and addressed the assembly,
stating how highly be was gratified at the harmony that
existed among the teachers and children, and alluded to a
Reference Bible and Prayer-book that had been presented
to one of the teachers, in the morning, by the children of
his class, as a proof of the kindly feeling existing among
the children towards their teachers ; and, above all, he was
highly gratified to see that the teachers had so much re-
spect and affection towards their clerical superintendent,
as they evinced by the very handsome present they had
made him, and for which he, in Mr. Cowan's name, re-
turned thanks. The present consisted of " Bagster's
Hexapla." 4to, and " Horne's Introduction to a critical
Study of the Scriptures," in five volumes, all splendidly
bound in Turkey morocco, with suitable inscriptions.
FATAL ACCIDENT.—An inquest was held yesterday,
before Mr. Curry, the borough coroner, on view of the
body of Thomas Warrington, a labourer, aged 39 years.
It appeared that, about a fortnight ago, the deceased and
some other men were engaged on the premises of Mr.
Guthrie, dyewood-grinder, Bedford-street, in hoisting to
its position a heavy wooden shaft. Deceased, while the
shaft was in a perpendicular position, placed himself near
it, and was advised by two of those with him to withdraw,
lest an accident might occur, but he declined their admo-
nition, and the chain immediately afterwards having given
way. the balk fell upon him, and severely injured him,
breaking his thigh and hurting his head. He was taken
to the Southern Hospital, where he died on Sunday night
from the fracture of the thigh. Verdict—" Accidental
death." _ . _

A I LUNG LOGICIAN.—VeriIy children do put strange
questions to their papas and mammas, sometimes; to wit :
—" Pa, why do you wear straps ?" "To keep my trou-
sers down, Jobn." " Pa, why do you wear braces ?"
"To keep my trousers up, John." " Well, pa, that is
funny."