The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-30

admitted that the town of Berwick was not subject
| to the law of Scotland,
The Lord Chief Justce-The question was, had
he the power to issue the writ in cases where there
were one Independent Legislature and one indepen-
uent ludlcaturet The case of the Isle of Man was
certain y in great favor.
Mr.. James-Yes, my lord, there are local courts;
yet 1t has been decided at all events since the pas
| sing OF the act Of George Ill, which vested the
,anu @ IN the King Of England, that this court has
I PoWer TO issue the writ of habedS corpus there.
Likewise in the St. Helena case the writ of haJeas
corpus ad sutjiciendum was granted bv tbis court
ihe learned counsel then proceeded to argue at
length that the existence of local iudscature did
not abrdge the prerogative rights Of the Crown of
England and their lordships represented the crown
OF England. Ii the present application refused
he might appear before the Court of Exchequer,
and make similar application there; for it would
be no answer to him to be told that the Court of
Queens Bench had refused compliance Their lord
ships were not asked to interfere with any iudg-
ment. The prisoner was not in custody under
conviction in the local courts In the JERSEY
case the application made under the common
law right.
The Lord Chief Justice-If our writ should be
treated with contempt, an interference with the
local powers, it would be a very serious matter
nat means have we of enforcing our authority2
MIR. James-By attachment.
Mr.; Justice Hill-To whom would the attachment
issue?
ecute the writ.
Mr.. Justice Hill-Suppose he refuses to do so?
Mr.. Justice Crompton-Have you considered
whether an indictment would lie for refusing to
obey such writ?
Mr.. James-Canada is British possession, and
the persons to whom the writ is directed are
British subjects. The objection would have
been applicable in the Isle of Man and Jersey
cases.
:, Mr.. Justice Blackburn-Hardly in the Isle of
Man, but it might in the Jersey case
Mr.. James submitted that, on the authority of the
Isle OF Man and the Jersey cases. the writ ought to
issue.
Their lordships then retired to consider their
judgment, and after an absence of twenty minutes
they returned into court.
The Lord Chief Justice then delivered the follow
ing Judgment: We have carefully considered this
matter, and the result of our anxious deberation
IS that we think the writ ought to issue. We feel
sensible at the same time the Inconvenience that
may result from the exercise of such an authority
We feel sensible that it NAV be thought inconss-
tent with that higher degree of colonial ndepen-
dence, both legislative and judicial which has been
happily brought into effect in modern times At
the same time, in establishing local legislation and
local Judicial authority the Legislature of England
mas not gone so Tar as expressly to abrogate any
jurisdiction which the courts of Westminster Hall
might possess with reference to the issue of the
writ OF hadeds corpus. And we find that existence
OF the jurisdiction in these courts has been assert
ed from the earliest times, and exercised down to
the latest. We have it upon the authority of Lord
Holt, of Lord Somers of Blackstone and Of Bacon's
Abridgment that these writs have been issued
and are to be issued into all the dominions of
the crown, wherever a subject of the crown
Is Illegally imprisoned. And not only have
we this authority in theory, but we have the
pracuca application of the doctrine down to
modern times The more remarkable cases are the
instances where the writ of haJeas corpus was car
ried into the isles Of Jersey and Man, and to st.
Helena All these are in very modern times We
ma 1t there asserted not only matter of agree
ment, but carried into effect matter of practice.
that even where there is independent local Judi
cature the writ of habeas corpus will lie We think
nothing short of legislative enactment would suf-
lice to deprive of that authority which was con-
erred upon us for the protection of the liberty of
the subject. We feel, therefore, we should not be
doing right, under the authority of the precedents
cited, if we refused to issue the writ
There was slight manifestation of applause in
court on the conclusion of the delivery of his Lord
ships judgment.
DISPATCHES FROM our SQUADRoN N THE CHINA
SEAs.-Despatches have been received at the Navy
Department, from Flag Officer Stribbling, with
dates from Hong Kong to November 27. By the
latest accounts from the North the Chinese had
published the treaty of Tien-Tsin, and the Conven-
tlon of Pekin, in the official journal of Pekin. The
Allies had left Pekn, but will retain force of four
or five thousand men at Ten-Tsn for the present
The English and French Ambassadors expected
to leave the north of China very soon. The rebels
continue to occupy all the country around Shang-
hae, and at the latest dates were near the citv
There can be no danger to our countrymen there
at present. as the Allies have a large force there
now, and which will soon be increased bv two thous-
ana French troops. Trade, however, cannot be as
y
sent there appears to be but little hope of a better
state things until the rebels are expelled or they
acquire possession of Shanghae. In the latter event
happening, one third of the empire, under
rule of the rebels, would be opened to trade. The
Commodore had heard of the arrival Of the Nj
agara at Jeddo, with the japanese, and she would
leave at once for Hong Kong, reaching there on
the lst of December. She will probably leave for
Alden on the 10th, with Minister Ward, who will
leave at that time for the United States.
a HORRIBLE CAsE.-At No. 9I4 Randolph street
lives a German, named John Jacob Belts lie
works in Ditmar's brewery. His wife keeps little
shop on the ground floor of their tenement while
their only living place is a above it. lcster
day afternoon, the mother went out to clean the
sidewalk, leaving in the room little girl, 81 years
old, and a younger child but l3 months of age.
W hlle the woman was absent she heard a fearful
shrek, and running into the house found the eldest
child was burned to crisp, her clothing charred
to the skin. The room was full of smoke, and the
furniture was on fire in several places. The horror
stricken mother poured bucket of water upon
the child, rolled her in piece of carpet, carried
her to the stair head, and then sezing her baby
ran half crazed into the street. Aid was at hand
the fire extinguished and the burned child was
properly cared for. The father, as soon as he
heard what had happened, hurried direct to an In
surance Company, where his furniture was insured
to give notice of the damage. An officer of the
Company returned with him. When they reached
the place the German burst into a volley of abuse
at his wife. The poor child fingered but three
hours, when death relieved her of her sufferings-
FhHddephtd American, Jan. ".
AN AFFAIR OF HONOR IN THE OLD North STATE.
The Raleigh Banner of Saturday saws Mr. John
Spellman, editor of the State Journal, of this city,
challenged W. W. Holden, ESQ.,, editor of the n
! G. Standard, to mortal combat, a day or two ago.
Edward Graham Haywood, Esq, bore the chal-
! lenge, as Mr.. Spellman's friend. Mr.. Holden re-
! fused to recognize Mr.. Spellman as a gentleman
whereupon Mr. Haywood substituted himself in
! place of his principal, to whom Mr.. Holden re-
! piled that he had nothing against him to cause
IN bia oil ii H.,
! have always been friendly, and the challenge on
! the part of Mr.. Haywood was, we presume, only
! in accordance with "the code" We learn that
their personal relations remain as formerly.
DIFFERENT TASTES IN PERFUMERY. party of the
"upper ten" of NegrodOm, gave a grand ball near
Albany, N. Y, last week. Six distinguished col
| ored gentlemen were driven thither by a white
| coachman. In a spirit of courtesy they invited
him to enter the hall. He accepted the invitation.
and was pleased spectator, until the aroma arising
from the sable walters became som ew hat pungent
and as it grew more powerful, he prepared to leave
Just at that moment, one of the colOred managers
| approached, with much p0teneSs, and said the la
dies desired the coachman to leave the ROOM The
manager regretted to make the request, but the
ladies insisted, because they said he smet so much
| of the stable.
Mr.. HOPE SCorT, the present proprietor of Alb
botsfOrd, was married on the 9TH instant to Lady
Victoria Howard, the daughter of the Duke of Nor
! folk, according to the Roman Catholic form. Our
lady readers will be interested to learn that there
/ were SIX bridesmaids being the hve sisters of the
bride, Lady Mnna Charlotte, Lady Mary Adeliza,
Lady Ethedreda, Lady Phillippa and Lady Ann
| Howard, with the youthful daughter of the bride
groom; and that they dressed in pale blue
glace silk dresses, with white cashmere mantles
and white chip bonnets plainly trimmed with white
| ribbons.
A Philadelphia firm has received a letter from an
attorney in North Carolina remitting Ss5, as the
proceeds of a debt of 500 The LAWYER failing to
! collect the debt in the regular way had ''boarded
| it out" In winding up his letter to the firm he
says 81 have retained S. for my services though
the commission is but $3.50. ! have only to say,
| that if you knew the abdominal anguish | have
suffered while boarding out your bill, you wouldn't
begrudge the extra half dollar.
TRADE AT New ORLEANs.-There were sc clear
ances at New Orleans the 2lst and 22d inst, of
which SO ships, 25 barks, Z brigs and II
schOOners. These vessels were laden with lis 9i2
bales of cotton, III hhds. sugar, 5023 bbls. mOas
ses, and large quantities of other produce making
aggregate of about nine millions in value. Of the
cotton SS,3S2 bales went to Liverpool II ,225 bales
to Havre, 5,545 bales to Queenstown and other
European ports, and 10, 100 bales to Boston
ALL ENDED SMoKE.-The Alabama Senate on
the 18th, see by letter in a Mobile cotempora-
ry, f'was principally occupied with discussion of
a new rule, to prohibit smoking within the Senate
chamber when the Senate is in session." One mem
Der thought the Senate should become accustomed
to smoke for in less than six months they would smell
much smoke of a sulphurOus character and it was
well to begin on tobacco smoke. The rule was fl
nay withdrawn.
NATIONAL DEBTS IN EUROPE.-We find by the