The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-10-29 00:00:00

WEST RIDING SESSIONS, YORKSHIRE.

INTIMIDATION BY TURN-OUT WoRR szEN.—This was an appeal
by David Foster, Joseph Sharp, and David Mitchell, against a
conviction by the Wakefield magistrates, for annoying and in-
timidating the workmen of Mr. Webster, cloth manufacturer,
of Morley. Mr. Maude said, before his learned friend opened
his case, he would state a preliminary objection to the conviction,
which might save the time of the Court. He contended that
the conviction was void, because one of the convicting magis-
trates, Mr. Joseph Holdsworth, was of the same trade or busi-
ness as the employer of the persons convicted, contrary to the
provisions of the act, which renders persons of the same busi-
ness incompetent to sit as justices upon such cases. Mr. Holds-
worth-was a dyer of woollen cloths, which, Mr. Maude contended,
was a branch of the manufacture of woollen cloth. The Chair-
man here intimated, that he thought the person who gave a
colour to the fabric as much engaged in the manufacture of it
as the person who gave it its texture. Mr. Dundas and Mr.
Baines argued that, if every person who was collaterally con-
nected with the manufacture was to be disqualified from sitting
as a magistrate, in the execution of the act, it might be difficult
to find persons sufficiently disengaged to carry the act into
effect. Vor instance,—the machine-maker, who prepared the
means for the manufacture of the cloth, and the carrier who
cenYeyed it when manufactured, might be considered as coming
within the disqualifying clause: A plain man would never con-
sider a dyer and a manufacturer to be of the same trade or
manufacture. They employed different classes of workmen,
differently educated, having different feelings and interests;
and it was evident that the legislature did not intend this dis-
qualification to extend so widely as was contended by the other
aide, because the words—"that particular branch off` manufac-
ture" were introduced, and for the very purpose of preventing
the latitude of construction which had been contended for. The
Chairman repeated his conviction that dyeing was an essential
part of the manufacture of woollen cloth. After conferring
with his brother magistrates, he said, the bench was of opinion
that the objection was well fonnded,"and that the conviction was
void.—Conviction tiischcirged. The counsel for the prosecutiOia
said, the same objection would apply to two other convictions,
which were also discharged, and all the appellants were set at
liberty.
DANIEL MARSDEN V. A CONVICTION BY TWO MAGISTRATES,
FOR INTIMIDATION, &V.—This was a conviction founded on the
lith George IV. cap. 96, sec. 3. The evidence against the de-
fendant was this. The appellant called upon Mr. Abraham
Greaves, coal-master, of Dewsbury, at the Stafford Arms, Wake-
field, on the 23d July, and delivered to him an unsealed letter,
of a hich the following is a copy :—" Abm. Greaves,—" We, as
coal-miners, are informed that you have discharged' a few of
your men, and if von do not employ the same men ;lain in a
fortnight, we shall-be under the necessity of selling oft all your
men.—By order of the committee of coal mixers, county of
Yorkshire, Wakefield." Mr. Abraham Greaves stated that his
men have all turned out, and have not yet returned to their
work. When the appellant gave him the letter, he asked what
it was about ? The appellant replied that the letter would speak
kr itself. Mr. Greenwood, who addressed the bench for the
appellant, suggested that the appellant might be ignorant of the
purport of the letter, in which case he would be entitled to have
the conviction quashed. The chairman said the court unani-
mously confirms:! the conviction ; and the appellant was taken
into custody, and committed to Wakefield houee of Correction
for two month:.

CONVERSATION BETWEEN A WEATHEP.-GLASS
AND A WEATHER-COCK.
" We will speak, whether or no."- -OLD PLAY.

"Good morning (said the Weather-glass to the Weather-
cook);—you don't look well this morning."
"No wonder (said the Weather-cock), for I've had nothing
but wind in my teeth all night; and I don't see, Mr. Weathei-
-Iz:us, that yoti have much reason to boast, for you look rather
down this morning."
"Do I ? (said the Weather-glass.) At all events I'm up to
you—up to you, indeed, now I look at myself, I'm up to sixty.
You give yourself too many airs, Mr. Weather-cock. 'Tis true
you are at the top of this establishment, of which you are not a
Little rune."

" Little mne_,Ll sa id. the Weather-enek4.; no, int. 1.041, -1-41•04
see a larger or handsomer one than myself for miles round, ex-
cept the church, and as to my being the top of this establish-
ment, you've always had the rains of the family in your own
hands, and I should hare very little objection to change places
with you."

"Change places! (said the Weather-glass,) I never knew
you keep one for a minute together!"
"That's my miifortuue (says the Weather-cock); but yes-
terday evening I engaged myself to sweet Miss Zeplivr, and
went south about to meet her. -I had not been with her fur more
than five minutes, when old Boreas mace me rudely turn my
hack towards her, and look at him all night, while he amused
himself with Spitting hail and sleet in my face. If I'm to be
thus disturbed in my pleasure, I'll turn rusty about it, and then
I'll stick where I please."
" Ah ! (said the Weather-glass), we have all our complaints
—you know my existence depends on my telling the truth : now
I marked much rain yesterday as plain as could be, but my
young mistress being promised a holiday if it were fine, screwed.
me up to set fair, so they set out,' and the wet set in, and I had
nearly been discharged- for this; but on my master carefully
examining me, he found out the trick, which put him in a
thund,iing passion, and I fell clown to stormy."
" Ah, well (said the Weather-cock,) I was a little alarmed.
when I was first put up here—for when I was fixed and duly regu-
lated by the compass (which, by-the-by, I consider must be
rather a sharp instrument, for 'I heard it had a needle and
thirty4wo points,) I was declared by all present to stand COM-
pietciy square, when, to my dismay, in ten minutes afterwards
the wind blew me completely round; but since we've been talk-
ing, Mr. Weather-glass, I perceive by your face you're not
many degrees from being very dry; what say you to a glass of
something?"
" With all my heart, (said the Weather-glass,) if you'll
stand it."

" I stand it (said the Weather-cock,) did you ever know me
to stand to any thing?" Hero he turned halt-round and looked
the other way.
" Just like you, you shabby rascal (says the Weather-glass,)
there's no trusting you."
" Save your abuse (said the Weather-cock, speaking with
his head turned away) though I am used to blows, they must he
given in a round-about manner; and, of all blows, the least I
care about is a blow up."

VESSEL LOST.—On Sunday sc'nnight, the brig Andrew and
Margaret, Of Maryport, James Quay, master, last from Bide-
ford or Appledore, where she had been repairing, and bound to
Carditnn ballast, was driven on shore on Mar gam sands, near
Aberavon bar, and by the return of the next tide she became a
complete wreck. The captain swain ashore soon after the ves-
sel struck, and by the exertions of some-of the persons residing
on that part of the coast, who were enabled to throw a lead-line
on board, the remainder of the crew were happily saved.

TUESDAY MORNING, OCTOBER 29, 1833.

All accounts agree that civil war is raging and ex-
tending in Spain. Nearly the whole of the northern
provinces are up in arms for Don CARLOS, and we ihspect
that the infant QUEEN has scarcely a chance.

We have no advices,, from Lisbon of a later date than
those which appeared in our last. It is said, however, in
well-informed quarters, that the sortie of Don PEDRO.
arose from necessity, and in order to avoid a sanguinary
conflict in the streets of Lisbon, where he feared the peo-
ple would not slimi themselves very favourable to his
cause. Be this as it may, the war is not yet .ended.
Marshall BOURMONT it is said is still with Don MIGUEL,
a statement we can hardly credit.

By the Richard Walker, Captain Hill, from Bombay,
we have letters from that presidency to the 17th June.
They do not bring any political intelligence of import=
ante, but furnish us with mercantile accounts to the date
of the Richard Walker's sailing. There is no improve-
ment in the demand for European produce and manufa2-
tures. In some of the articles for export from thence
further advances in price had taken place. The accounts,
in speaking of Cotton, are thus expressed, dated Bth
June:—

Carron.—The exports of this staple to China are about the
same in extent as last year, though considerably beyond it to
Great Britain, the particulars of which we will give in a con-
trabted statement in our next. The very high price to which
Cotton has attained, say 140 rupees per candy for Juinboosecr,
and 120 rupees for Mangarole, seems evidently to be attributa-
ble to a deficient supply during the season, caused, most pro-
bably, however, more from contrary winds not allowing it to
reach the presidency than to any actual falling off in the pro-
duction of the season.

°NUM PASS.—The season being so near at a close, no more
Passes are expected to be applied for. The whole number
taken out to this date, both in Malwa. and Dumaun, is 7996
chests, the same as reported in our last, 6600 of which have
arrived, and 4593 have been exported to the eastward. The
remainder yet to arrive, 1400 chests, has been detained some
time in Jumbooseer, but is now on its way to BoMbay, over land,
via Surat.

()PIUS' DUBUIIN.—The shipments at this place have just
been closed without leaving, as we are informed, a single chest
on hand. The whole exports of the season amount to 2942
chests of different qualities, as follows:

Don Manuel
Aurelia
St. Anna AV',
Paula '397

Carao. 4.Ara
Esperance

Total

Of the above quantity 900 chests may be considered to
belong to the first sort, 1000 chests to the second soft,
and 1050 as very inferior. The freight at Dutnaun has
rated from seven to eight dollars per chest throughout the
season, from which one dollar was returned to the bro-
ker. The opium cleared out for Lintin paid duties at
Dumaun equal to about 5* per cent. on the valuation—
say valuation of

Ist sort 14.782 per Chest Duties--Rs. 41.0.3
2d do. 582 per Ditto Ditto 31.0.1
3(1 do. 311 per Ditto Ditto
per pecul chest of 133 A pounds. But if cleared out for
Macao, the duties would be,

Ist sort Rs 19.3.2
2d do. 14.3.2
3d do.
per pecul chest, exclusive of 10:1 dollars per chest
Macao.

The export of Cotton for the v. eek ending Sdi June
was—

CAN TIIES.
To London
To Liverpool 954.
To China 12,577

Total 14,013 Candies of 7811bs,

The export of Cotton for the week ending the 15th
June was—to China, 1991 candies.
On this commodity the observations of the 15th are
very short, merely announcing that it con: limed to rise,
and that 145 rupees per candy was demanded for Jum-
booseer and Surat. The statement at foot is then given
of the quantity exported from the Ist January to the 15th
June of the present year, as well as for the shipments of
Opium.

Opium.—The wreck of ilia ship Lord Amhorst in the gale at
Calcutta, said to have a considnabis quantity of Opium on

THE LIVERPOOL STANDARD.

To this must be ac
included in this retu

[tied the ca:

48,50'2
.rgo of the

Bumbay, 13th June, 1833.
Statement of Cotton exported to London, Liverpool, Greenock,
and China, front the Ist January to this date.

1 W hole I -
tlales tu
London Half Wholei Ira.f
Ships' Names. To what Liver. '
du. Bales do.
Port. to to to
pool an::
Green- do' China' do.
- ock.
Hero cfMalown.... London .. 1048 1
Sir Edward Paget.. Do 1585 30
Lady Raffles Do 1283 ....
Annandale.. Liverpool. 1251 1
Albion
Stirling Castle 1C1yde,.... 1669 62
Lady ISrugent...... London .• 698 ...
Upton Castle Do ..... 2063 41
Oriental
Prince George. I ondun
.1684 ...:
Golconda. Cl As .... ...
.. 4717 '279
Ospray
2000 ....
Medora - I iverpool. 1836 .10
B. Eleanor.. .. Sincapore. .... .... 3•;1
Bombay Castle .... China .... .... .... 31211
Parsee. .. Greenock. 1901 150 1
Francis Burton.... Liverpool. 1980 40 i
Columbia.. Do . 1951) 81
Charlotte
B. Fos tune Greenock. 1715 65
J. Jesjeebboy. Siam
Superior Liverpool 915 62
Robert Scarfield... Do BOO ...
Triumph
Fort William.
Hannah Do ..... .... .... 1700
King Widiant 'Liverpool '2022 5
B. Marry. iLondon .. 1537 ..
Linneas 1 iverpool 1.7:32 146
Francisco de Paulo Macao..... ... •• • • 620 34
Aliquis
Henry Wellesley.. London .. 1118 36i
•,--,
B. Elphinstone.... Malay Cst. o 8 .... ...
Caledonia. Liverpool 2553 120
Good Success.. China .... .... .... 2575
Carron
Victory
Bannerman ... Do ..... .... ... 425iji 113
13. Rampurtab Penang... .... ...: i 29!
Cornwallis.
Charles Forbes Do
B. 'remerario. Macao .... •• • • 20
Glenelg
Sulimany. Do •• • • •• • . 3132 1
Pascoa.
Dowlet
Duke of Roxburgh. London .. 684 ....
Hindustan Liverpool 1179 ....
Ann.. ..... China .... .... • ... 4393 190
Caledonia. Do
Nlountstuart Ell
Clyde 1924 1
.. • • •
phinstone.
Alialevi China • •••• ••• • 3891
Lipsey.. Liverpool 1895 28
Palurnbang . London .. 965 ....
Edmondstone. . China .... .... .... 25.12 130
Don Manoel Macao..... .... .... 1375

1,29811
Lidchal

69,5141
.d Wall

1945
ker, not

Statement of Opium exported to China, &c., from the Ist
January to this date.
SHIPS' NAMES. No of
To what Port. Chests.*
Golconda..
B. Quill
B. Eleanor Sincapore 5
Bombay Ca'tle China. 5321
Charlotte
Jemsetjee Jeejeclahoy Siam lO
B. Santa Anna Macao 4O
Hannah
Fattav Salam
B. Elphinstone Do 2
Hind Do 2
Good Success
Carroll .. ..
Victory
Bannerman
B. Hampurtah
G. Dadloy
Cornwallis China
Charles Forbes Do lB9
B. Temerraro
Gleneig • • ••I China. BO
G. DoWlut....
Ann China. BBl
Caledonia Do . 309
Allalevi
B. Fathal
Fazel Kurrim - .... 8
Edinonstone
Don Manoel
1 4892

As we announced in our last, the mob of Manchester,
about a week ago, gained a victory over the taxgatherer
and the authorities, which they celebrated by carrying the
spoils triumphantly through the town. Since then a bat-
tle has been fought in London between the people and
the KING's forces, the former led on by a person of the
gentle sex, and the latter commanded by the sheriff's
officers, in the absence. of Lord GREY and the rest of his
MAJESTY'S generals. We lament to state that the royal
troops were signally defeated, the officers put to flight,
their baggage. waggon destroyed, and all their munitions
and implements of legal warfare captured.
This, not to speak it profanely, is the blessed state of
England in the second year of the reform bill, in the era
of penny magazines, Whig ascendancy, political unions,
beggarly economy, and an empty exchequer. We beg
pardon—beggarly economy is only applied generally
to the useful branches of the public service—as respects
jobs, travelling commissions, and all sorts of patronage
and quackery, the public money is expended, not only
profusely, but profligately. However, this kind of quasi
rebellion prevails in England at the present moment.
The law is violated with impunity ; brute force triumphs
over acts of parliament, and the KING'S government,
weak and imbecile, fettered by their own declarations,
and bound by the acts and principles of their friends, do
not appear to pessess any authority whatever. In short,
the country seems to be\in the most helpless and unpro-
tio:tr-d stata,. or rather to be entirely at the mercy of the
rabble.

It is asserted that the trumpery affair in Manchester
was a mere pot-house riot, in which a few hundred " poor
rogues, who never paid a direct tax in their lives,"
under the influence of gin and rain committed a
theft, and paraded tke stolen property in the streets.
Be it so ; but it will be recollected that the revolution
in Belgium was begun by a score or two of playhouse
blackguards, the scum of Brussels, who, worthless as
they were, succeeded in placing that very respectable
pensioner, LEOPOLD, on the throne. Many revolu-
tions have had their origin in a less serious row than
that at Manchester at which the Whigs sneer. They
may depend upon it that these "poor rogues," recently
their most efficient agents, but whom they now affect to
treat with contempt, are as near as possible being the
masters once more of the present administration.

It is also said, by another class of people, that the au-
thorities of "Manchester were remiss in not suppressing
the riot and preventing the procession. We are of a
different opinion. So long as the government at head
quarters evince no inclination to exert their authority—
so long as they studiously avoid coming in hostile con-
tact with these unionists—so long as Sir WILLIAM HORNE
is asleep, and Sir JOUN CAMPBELL, the Solicitor Gene-
ral, is declaiming against tithes, evincing not only bad
taste but reprehensible ignorance, it would be injudi-
cious, if not dangerous, in the provincial authorities to
interfere. We all remember the orders sent to the un-
fortunate Col. BRERETON, and the fate of Bristol. Had
the magistrates of that devoted city taken any bold and ef-
fective measures for the suppression of the riots, and bad
blood been shed, as in all probability it would, who
would have guaranteed the heads of any of these
magistrates ? Had they. done their duty, the least pu-
nishment they would have been subjected to would have
been, perhaps, the suspension or deprivation of their

charter. That untoward event, we need not say, has
had the effect of paralysing the whole magistracy of the
kingdom. Since that affair every constituted authority
has been placed in a dilemma, fearful of incurring any
responsibility, awl afraid to perform what had hitherto
been considered his duty. In Manchester, we have no
doubt that such feelings, and very naturally, have bad
their influence, and that laxity was the result of incerti-
tude and want of confidence in the ministry. Let the
KING'S government do their duty in London—let them
set the example of enforcing the law, of punishing the
contumacious, of suppressing riot, insubordination, and
incipient rebellion, and no fears need be entertained
that the provincial authorities will be remiss in the dis-
charge of their official duties.

It is, however, amusing enough to see the change
which this window light rebellion' has wrought in the
champions of the Whig press. They have all of a sud-
den become converts to Conservative principles. Like
old but awakened sinners in a state of senility, they are
fastidious to excess. Like the her oines of the Holy Fair,
immortalized by BURNS, they have assumed a rigid, af-
fected, and repulsive form. They look like Jews who,
for the sake of lucre, have conformed to the faith of
Christianity. For be it known to all men that the
Morning Chronicle, and the Globe, the Sun, and the
Times, have intruded upon our domain as missionaries or
field-preachers in the cause of Toryism. The brick-bat
and the bludgeon have been laid aside, and they have
clashed to the ground the stocks and stones which they
formerly idolized. The Morning Chronicle has always
been a respectable paper, consistency through a long
term of years having been its ornament and its pride ;
its present course may therefore be imputed to a change
in its management ; but the Times—the venal and un-
principled Times—the disgrace of the press—the tnost
odious object in political literature—the representative
of all that is vile and corrupt—when the conductors of
this paper espouse our principles; we may rest assured
that public opinion has either undergone a great change,
or that a powerful appeal in the shape of some filthy
bribe, has induced them to forsake their former course of
pollution and depravity. As to the Globe, it is a not ori-
ous hireling, abject and shackled, devoted to the Whigs
under circumstances and bonds which Mr. EDWARD EL-
LICE could, if he felt disposed, explain. The Sun, except
as the mere carrier of debates in the season, is un-
worthy of any notice. Not being distinguished by any
talent or influence whatever, it can neither reflect good
nor evil upon any ministry.
But here we have them, converts to our cause, advo-
cating active resistance against passive resistance, and
firing chain and grape shot upon the very rabble whom
they have not only for many years caressed, but whom
they have instigated to every act of folly, fraud, and in-
subordination. We confess, with perfect sincerity, that
we feel ashamed of our fellow advocates. Charity, in-
deed, induces us to give them a fair trial ; but we cannot
help considering them as suspicious probationers in the
mission of Toryism. They have objects to gain to which
we do not aspire, solely because we believe that the ob-
ject is sordid, the means disgraceful. Among the coun-
try papers similar versatility in favour of Tory princi-
ples is observable; but we should be doing injustice were
we to say that the Liverpool Times, as much conserva•
tire as any of them, although addicted to Whig prin-
ciples, is precisely of their vein. We have observed
this paper for some time, and, although published on one
of the days of the STANDARD, we cannot refuse saying
that, notwithstanding its party predilections, it is one of
the best conducted of our local journals.
But these extraordinary phenomena, as regards the
public press, indicating as they do the embarrassed situ.•
ation of the ministry, and their anxiety to adopt opinions
which they have hitherto derided, and seek the aid of a
party whom they have underrated and slandered—not-
withstanding these strange symptoms, we must confess
that they have their source in necessity, and show the
perilous position of the country. How bitterly, if any
love of country or any sense of patriotism remains, must
Lord GREY regret the countenance he and his colleagues
gave to these revolutionary combinations ? He is an old
man, a martyr to disappointments—proud, irascible, un-
compromising—the haughtiest of our nobles—the vainest
of our patriots—the sternest Whig of his order—indo-
lent, but we believe honest—sunk into the wane of life,
beset by flatterers, and pestered-by family importunities—
with one foot in the grave, and-his mind saddened by a
concatenation of mysterious incidents—how can such a
man surmount the surges of public events, or restrain the
ebullitions of his arrogant and self-sufficient party ? It is
impossible ! He must sink under it. He must see that
the windows of heaven are open, and that the waters of
revolution are pouring down amain. He must- feel that
he is helpless—that his Sovereign is like himself in the
stream—that anarchy has sprung out of his darling re-
form—that
the mob are armed against the monarchy—
and
that the credit, faith, and security of the country are
shattered, trembling, tottering—all but gone !

We have at length caught that very amiable person-
age who calls himself the Reverend W. SHEPHERD, and,
having caught the master, we most respectfully take our
leave of his operatives who, for some time, have been
carping at the STANDARD. This Mr. SHEPHERD, who
professes to preach the gospel, which, by the way, he does
not, and presumes to expound those scriptures which he
either does not understand or perverts to factious and
pernicious purposes—this very reverend expounder of
Socinian doctrines has chosen to make an attack upon us;
and he has done it gratuitously and without provocation
in the columns of the Liverpool Journal. The manner
of the attack is like the man, a compound of vanity and
meanness. He could not allow the opportunity to pass
without telling the world that he is chairman of Lord
BROUGHAM'S provincial committee for the circulation of
the Penny Magazine and the diffusion of useless know-
ledge, and, in making this important communication, he
addresses himself to a gentleman whom he falsely as-
sumes to be a proprietor, if not a conductor of this paper.
Thus egotism and impertinence flow in the stream of his
pen, and his attempt to be caustic misleads him into false-
hood and misrepresentation. Mr. THOMAS FOSTER is
not a proprietor of the LIVERPOOL STANDARD, and never
has interfered, and has no more right to interfere with
it, directly or indirectly, than has Mr. SHEPHERD him-
self. This is our answer to the petty and malevolent
insinuations ortite,revorend gentleman, and hi 3 equally
reverend coadjutors and subalterns of the press. We say
the'insinuation is malevolent because the object of Mr.
SHEPHERD is to identify Mr. FOSTER with the opinions
of the STANDARD as lately expressed relative to the cor-
poration commissions. Can anything be more invidious
than this?

But if Mr. FOSTER were connected with the ST4ND-
ARD, a writer of any of its articles, or compromised by
its principles, which he is not, what right has Mr.
SHEPHERD to ask the question ? He is the last man in
England who should interfere with the press, or the pri-
vate sentiments, or public principles of any one sup-
posed or even known to be connected with it. Mr.
SHEPHERD, if he have any charity, should not condemn
in others what he does himself. An instructor of youth,
and a minister of religion, no matter what that re-
ligion is, should confine himself to his professional stu-
dies and the discharge of his professional duties. When
necessity compels him to appear in public life be should
conduct himself with becoming decorum, otherwise he
disgraces the profession to which be belongs. When he
conies forth to throw filth at other men-to deal in dark
insinuations—to assail private reputation, and inter-
meddle in matters with which he has no earthly con-
cern—then we assert that he not only brings discredit
upon the order to which he belongs, but lie merits as se-
vere a chastisement as the indignation or contempt of
society can inflict. If Mr. SHEPHERD have any charges
to bring against the STANDARD (we are not aware that
his name was ever mentioned in its pages) let him
come forward manfully and give his challenge. Our
columns are open, as • they have ever been, to every
fair and honourable antagonist; but when Mr. SHEP-
HERD thinks fit to vent his spleen upon private individuals,
whom we are bound to respect as such, but who have no
connection with the STANDARD, he is entitled to no cle•
menu at our hands, and we shall treat him accordingly.

OcTonErt. 20, 1833.

But we by no means regret that the riftrend gentle'
man has extorted from us these remonstrances. Ile con-
tends that he has a "right" to address his remarks, n't
to the conductor, but to whoever was instrumental In
establishing the STANDARD. Mr. SHEPHERD has a right'!
to do what he pleases, provided he is content to abidr the
consequences. He has a right to assume a fallacy.
which, by the way, he has constantly exercised during
whole life; but when he is assured that he is wrung, Of •
such a philosopher is permitted to err,) he is bound to re-
tract his error, and express his penitence.
But we are reach' to meet Mr. SHEPHERD upon his
own grounds. He admits himself to be an agent of the
Penny Magazine; he is consequently connected with
that worthless and fraudulent publication; and for the
frauds committed by its editors he is responsible. In•
seizing upon him we deal, to use his own words, " with
principals rather than with subordinates." But lot him
speak for himself :

"Sts,—My attention has just now been directed to a passage .
in a leading article of a late number of the Liverpool Standard,
the writer of which, in commenting on some pernicious choir
publications issued by the Birmingham Trades' Union, is pleased
to intimate, in substance, that it is no wonder that these artisans
should pursue this line of conduct, when Lord Brougham Is
engaged in poisoning the public mind by his penny politics.
It is evident that this remark can allude only to the Penny
Magazine. This publication, Sir, emanates, as you may per- -
haps know, from the "Society for the Diffusion of Useful
Knowledge," of the Liverpool branch committee of which I
hare tka honour to l;&- rhairman, as appears by the list usually"
appended to our works ; and I take this method of apprising
you, that the very respectable gentlemen who are charged with
the superintendence of the magazine in question, were, at 010 •
commencement of their labours, strictly charged to avoid ea
abstract theories, and all temporary questions that might agittrte
the public mind, and to accumulate such stores of useful and enter-
taining facts as might tend to afford much better nutriment to
the minds of the working classes, for whose use it was principally
designed, than could be derived from the passing politics of the
day. Our editors, Sir, have futfilled this requisition to the letter.
They have avoided the insertion of any inflammatory matter iss
the work entrusted to their management, and 1 defy 'you to find a
political article in its whole series." !

We have no hesitation in saying that some of the ,
above averments are positively untrue. We do not ac-
cuse Mr. SHEPHERD, God forbid! of premeditated false- •
hood, but we do assert that what he states is false. Ws
have nothing to do with the instructions originally given
to the writers or compilers of the Penny Magazine ; but
when he affirms that " abstract theories " have been
avoided, that " temporary questions that might agitate
the public mind " have not been discussed in the Penny
Magazine, and when he adds, " I defy you to find a poli-
tical article in its whole series," we join issue with hin
at once, and proceed to produce our evidence.
Now, reader, you shall judge between us and Mr.
SHEPHERD. We have before us the first annual volume
of the Penny MagaZine—that for 1832, and we find at
page 38 an article on " Fluctuation in the Price of Corn"
—at page 64 an article upon "High and Low Duties," in
which a tax upon penny papers, like other more honest
publications, is discussed at length—at page 80 there is
what is called a " Lesson to Rulers" upon taxation—at
page 120 the policy of "Prohibitory Duties in Spain"
is discussed—at page 179 there is an article in favour of ,
foreign manufactures, in which foreign silks, gloves, &c.
are recommended to the British consumer—at page42i
there is an article on co-operative labourers, and at page
374 there is an article on free trade in favour of foreign
silks, and in which the speeches of POULETT THOMSON
and the incomprehensible but "abstract theories" of
M' Culloch are strongly recommended.
Now, does Mr. SHEPHERD mean to contend that these
are not political disquisitions, or party views of policy, -
or temporary questions which do not agitate the public
mind ? Are we to understand that the corn question is
not one calculated to agitate the public mind ? Did Mr-
, SHEPHERD ever hear of a place called Spitalfields, and
does he know that the policy advocated in his Penny Ma-
gazine led to much agitation and conflicting opinions,—
and to unexampled misery in Spitalftelds ? If Mr. SHEP-
HERD be ignorant of these facts, he is not competent to
offer any opinion on great public questions, and, humble
as the duty is, by no means well qualified to be chairman , • .
of the Liverpool agency of a useless society.
He says that his woodcuts and other trash were "prin-
cipally designed for the working classe,q. We respond,
that we care not for whom they were designed; but this
we happen to know, that the working classes are not,
except to a very limited extent, the readers of his Penny
Magazine. It is chiefly purchased by the middle and
higher classes,—by persons who could afford to purchase
works of a higher order, but who are tempted to purchase -
it by its cheapness. Among farm labourers and other
labourers the publication is hardly known.
But the cheapness of the trash is that of which we
have most reason to complain ; for it is not cheap by
legitimate means, but because it pirates other works and
is allowed to circulate onunstamped paper. It is a news-
paper in disguise; and it is permitted to discuss questions
of commercial policy, and subjects connected with the
taxes and corn laws, by connivance, and by unpardonable
connivance, on the part of the Government. We pre-
sume that Mr. SHEPHERD is as jealous of his moral
status in society as other men; and yet we suspect that
he is not aware that by being a party to the publication
of the Penny Magazine, he is lending himself to some-
thing which is very nearly allied to fraud. The maga-
zine is, for the most part, compiled from the works of
modern, and many of them living, authors. It may be
very well to impart cheap instruction to the people, but
it is dishonest to pillage and appropriate the works of in--
dividual authors, many of them comparatively poor men,
to this public purpose.
Mr. SHEPHERD does not- throw his shield over the Bir- _
mingham Penny Ma,!iazine—why ? For this reason, it is
not BROUGHAM'S or SHEPHERD'S Penny Magazine; and
the reason is natural enough, according to the proverb,
that two of a trade can never agree. But, with all sub-
mission be it said, the rival of Birmingham is the honester
publication of the two. Its articles are chiefly original,
therefore the property of the contributors or proprietors;
but Mr. SHEPHERD'S magazine consists principally of
pilfered articles, shreds and patches stolen from books,
cuts imitated from plates, and tables and anecdotes .
filched from the newspapers. It is hard that authors
should be robbed of their materials under the pretext of
charity, by a society which professes to circulate, but in
point of fact does not circulate, its numbers among the
" working classes,"

We have received from New South Wales, the Syd-
ney Herald and Australian newspapers to the 18th or
May. The Australian of the 17th of May has a long
dissertation on the usury laws. It seems to have been
the practice in the colony, when no specific agreement fur
another and higher rate of interest has been made, to al-
low a charge of 8 per cent.; and in many cases as much
as 10 or 12-t per cent. per annum has been paid. A doubt
has, however, arisen as to the legality of even the smaller
sum. It appears that a case has been tried by Judge
ButereN, the action being upon. a bill or note Which did
not specify any rate of interest ; and the plaintiff' having,
succeeded in establishing his claim, the Judge directed
that a verdict should be entered fur the amount of the
bill or note, " together with legal interest thereon,"—in-
timating that he knew of no law but the law of England
upon the subject; and that until it was solemnly adjudged
what was the legal interest of the colony, he should alloy •
only 5 per cent. per annum to be recovered before him.
A point was reserved, and subsequently argued before
the three Judges. The Australian gives a summary of
the argument in the following terms
"It is admitted that in England no greater amount than tive -
per cent. can be taken for the use of money, and all contracts
for more are void, and various penalties attach under the usury
laws to the taking of a larger rate of interest. By several Acts
of Parliament however it is to be collected, that so far as re-
gards the mere rate of interext, the usury laws do not extend to
the colonies, for these acts especially recognize the validity of
securities made in England, for such rate of interest as thelaw
of the colons- to which they appi may allow. Then what is
the law of this colony in this respt;et? It is laid down that a
British settlement is governed by the laws of England, so far as
they are applicable to its infant condition. Thus the laws for
the protection of life and liberty, and many others, are alike
necessary in a new formed colony as in an old established.
country, and therefore are not the laws of the colony. Other
laws again are not fitted for the condition, and therefore are not •
the laws of the colonies. Such for instance are the laws oire"
venue, excise, &c., and such laws as have grown out oftba
commercial regulations in a great mercantile country. What
does and what dues not apply is in the first instance to be de;
cided on by the colonial legislatures, subject to the revision 0/
the King in council. It was then contended that part of a law
may be applicable to the condition of this or another colony'
and part not.—Thus with the usury laws, s,upposiug a legal rate
of interest to be established, it may be very politic or legal to
apply the usury laws so far as to prevent the taking of any •
greater rate. But on the other band, it would be anythinoe,l.
applicable to our condition to limit interest to 5 per cent. Pley. •
ther has the court the power to do so ;itis a question for the -
legislature. Before any legislature existed in the colony, s
rate of interest of 8 per cent. prevailed by common universal
consent (the proper foundation of all laws.) It was given and
taken in all dealings in money and where interest was allow"
—it was recognized in the earliest period of our colonial big.
tory and by every Court that has been -established, and it haw
lately been recognized by an Act of the legislature respecting
the savings' bank on loans made by that institution, and if the
usury laws do apply in New South Wales, they only apply ,
cases where a greater rate is taken or secured than 8 pea cent
per annum.
" Ou the other hand it was contended, that the laws of V nngla
are to be applied here, wherever they can lie applied, and, cow,
sequently, that the usury laws and eve part of them- must b°
'

ToaLit 'lO 1331

_ .
the law
clify the
al I
the colony, until some colonial enactment-may mo-
legislatur suit its circumstances and condition. That the
,e has not declared any legal rate of interest, that the
that in,o!atik act is only applicable to a particular institution,
hitereBal the British colonies six per cent, is now the legal
44, that: special enactments of- their respective legislatures,
boat, some act is passed in New South Wales, we_ are
are
al4s:yi the rate of interest specified in the usury laws,. which
heration farce here. After considerable time spent in deli-
vfou4d the court, the Chief Justice stated that judgment
e ct efrred." •
welarls:ltis situation of aTairs it is manifest that some
interest, should be taken for defining the legal rate of
• aist, at all events in the absence of specific contracts
411(1 oat head. Judging. by analogy with other cases,
,„e Jose cases of high authority and long standing—
• wean some of our most important. Colonial posses-
'lo4-4
decor the decision. of the judge in Sydney, however in
list° b ce with the law of England, does ot appear to
in
e borne out as the most consistent either with the
ivene.st prae.tiee of the colony in which it has been
%I a believe in none of our other possessions is
(• s rate of interest than Six per cent. allowed, under
viu'itilsalleti°ll of the legislatures, where they exist; and
Privy the presumed, if not actual concurrence of the
councils Y-council at home, and the governors and local
• tin the' Crown colonies. In some of them, and
Mau .4,1 k we Should not be iiieorrect in. quoting the
Nvileibt'us as an instance," a much higher rate is allowed;
Pared to
tindeCany authority amounting to legal light,
Y mere mutual consent of parties, we are not pre-
tonled sal% Again, in India, we have been accus-
• ,
-roKen hear-rates of eight, . nine, and • ten- per cent.
41814,. '1 as quite matters of course ; with what final
for such rates have been granted is, unfortunately
Lottitilinerous families -both in India and this country,
It °.° well known.
I.
wancts Perfectly clear that, in countries newly settled,
seee i•ng many of the inducements for residence, or that
turn r.pv for the investment of capital, which are pre-
rate'
.t 0 belang to the established states' of Europe, a
tiot
00..iiiu.tere.st-dbove that fixed in such ancient states is
tDtio "'Y justifiable, but -absolutely necessary, as a temp-
the t° the transference of person and property. In
sehs,a'il Indies, the quality of dependence, in a colonial
-•
-',a long ceased to be known. It was, therefore,
imm°Y the,
continuance of monopoly, the parent of
i,lonrse individual accumulation, the enemy, most corn-
inte 37, of national .prosperity, that such High rates of
con,:est enuldshe-rnaintained in ilindostan.• The vast
ofscapital possessed by Et limited number of
prise, t. muses
b had induced its investment in enter-
op.„, Perhaps pr9dig•ally conducted, which, on the
ro'ing of the trade to the public, were exposed to the
Ivoletition of merchants, whose utmost expectations
ee,,.d have been satisfied by returns upon their capitals
14-Pjellt to the rate of interest allowed-as annuities
it t„°`'ginents by..their opponents. .This competition,
surface manifest to all who could penetrate below the
(101t', nt,nst, sooner or later, terminate in crumbling
`.'te largest capitals. That it has arrived sooner
eons-,,,,was anticipated we believe ; and ruinous are the
ope,-I,ll_,enees to many, to whom the rate of interest
pre,:`e,"-as an inducement for leaving the whole of their
Ivet-t'Y in• the hands of the class of houses to which
Itnow allude.
ihter,ckes not follow, from this argument, that a rate of
~„ `-q above five per cent. should not be allowed in
coon
`•
• 1.
trart, • s like our Australian settlements. 0.. n the con-
so el„' the case of a territory so distant from Europe, ,
dace-,,n°°ns in its surface, and presenting so many
c„_.
dents (the•inconyenience of the distance- aloneinterest
say, cx
7Pte )
anove emigration. and investment,u.rate.of _
Bay, • "L:e per cent. is not only justifiable, but, we should
of 13M,dialiensablY necessary to the continued accession
ten ritish property and persons. That so high a rate as
si_jr twelve
id be per cent. is any longer requisite, we
is disposed to deny; and the ground of our denial
loxule;aPProximation of the value of the necessaries and
foorLes.of life not only to the rates existing in the most
15e ured ,f our
ancient. colonies, (if such a term can now.
coliaPPlieti to .anv of them,) but to the markets of this
flier nty
When we compare the value of produce, whe-
befu raised in the country or imported, in a list now lying
or , with what we recollect of their prices only two.
of three. years'age, we find evidence of a large extension
finer ':"lish or -acquired capital to agricultural and cnrn-
Nrue.'ac purposes ; of which we remember, also, having.
public ''a few n-Lontlis ago, a strong illustration, in the
yttaiceation_of the imports and, exports of the last year at
sof/ .Y. These considerations, we again contend, are
t
as dent to prohibit any such exorbitant rate of interest
a or twelve per cent. The rate of eight per cent.,
Op eh seems to have been generally admitted as fair
1147teoartthoetipseriod of Judge BURTON'S decision, would
quite the maximum ; something from six to
`intent and a half per cent. would, probably, be more con-.
Utlent with the present advanced state of the settlement.
the' may be deemed-the fair remuneration for
tat `lTlPl°Vfilent of capital' cannotit be
disputed that a
earth
al .uould be defined, upon which those possessing
strremay , be enabled to • count for its appropriation ;
tLe , the sooner all uncertainty is -removed on this head,
Ivi2etter it will be for the whole community-.
cablee regret.to see in - thcse:joArnahi a statement
t° a Mr. Joul)t MgAurnua, who, if lie be the gen-
or T'an present in our mind, has been, for the last twenty
, one of the most enterprising, and, assuredly, one
rrie"' most useful 'of all the inhabitants of that settl e-
exet*e
Pen di His exertions have been as indefatigable as his
ore hasbeen liberal for e
prof e
she • nent of the- Eve stock of the colony, particularly
e6l). His recompense has been the establishment ofa
eter-and value for Australian wool, Which is conti-
nuallythe
English
in the high prices that it brings in
take 's" markets : his own particular fleeces, if we mdisnf
the- not, being, in quantity and quality, at the h
the
in,, entire list. This gentleman, it appears, was, at u e
°f our advices, labouring, or presumed to belabo. r-
tatti under mental aberration; and had been placed ina
eorre confinement. Judging' by some remarks andtle
sub.esPondence which appear in the newspapers on the
hay it would seem to be charged against those
„wlhio-
du:. taken upon themselves what is termed his as.
sart,", that their anxious care of him was not nece
xieta.i. A correspondent who Writes on the subject, after
ing the facts concludes Will the Gover?n,-,
jt ~,`l?erinit this? Will the Chief Justice pass it over
14%,,"'53' be inferred from this landuage, that their. usury
• •
tnentare not the only laws requiring revision or adjust-