Lord Stanley is so far recovered from his late attack
of the gout as to be enabled to leave the house. He transacted business on Tuesday at the Colonial Office, in Downing Street, for the first time since his illness.
Tuesday's Gazette announced that Lord Fitzgerald and Vesci had been appointed the Queen's Commissioner for the Affairs of India ; and also that Mr. John Lewis Lamotte had been appointed of the corps of Gentlemen at Arms, on the nomination of Lord Forester.
Mr. Knight Bruce, having returned from the Continent, has accepted the appointment of one of the Vice-Chancellorships, under the act of last session ; and will take his seat in conjunction with Vice-Chancellor Wigram on Tuesday next, the first day of term. The new Courts will, in all probability, sit in two of the Committee-rooms'of the House of Commons until the Commissioners of Woods and Forests make some more permanent arrangement.- Times.
It is generally thought that Mr. Temple, Lord Palmerston's brother, will remain diplomatic representative of her Majesty at the Court of the Two Sicilies. Mr. Temple has, like his noble brother, long served under a Tory Administration, and, independent of the esteem entertained for his Excellency, a feeling of courtesy towards the late Secretary of Foreign Affairs has led to the not effecting the ap- pointment to Naples of a noble lord, whose tastes that post so well suited, and whose abilities have now found a more serious and important destination. The return of Mr. Henry Bulwer to the post of Chargé d'Affaires in Paris is another proof of the moderation of the Conserva- tive Ministry towards the nearest relatives of headlong enemies. The Hotel of the Embassy in Paris is undergoing repair, and Lord Cowley will shortly repair to his post.-Morning Post.
We have Sir John Owen's authority to contradict the statement
which has been going the round of the papers, and which we in- advertently copied into our columns, that he had received the appoint- ment of a Commissioner of Excise, with a salary of 1,2001. per annum; as there is not the slightest foundation for a report of that nature.- Carmarthen Journal.
The correspondent of the Morning Chronicle says that he has " ascertained upon the best authority, that the Irish peasantry will this year be exposed to the terrible calamity of a failure of the potato-crop," The failure is most apparent upon the rich and heavy soils, such as the South-western parts of Tipperary. It is now known that the wheat and oat crops are one-third below the average. The price of meat is rising, and is likely to be further enhanced by a distemper prevailing among the cattle. We receive similar accounts of the potato-crop from Scotland, where the low lands have been flooded in many places. And rain floods in the flat parts, and even snow lying on ground, are men- tioned in private letters from the North of England.
The Doncaster Gazette publishes the following letter from Earl Fitz- william-an excellent and thoroughly practical contribution to the cause of Corn-law Repeal.
" TO MICHAEL TASBURGH, ESQ.
'" The inferiority of the qualities of the new English wheat hitherto brought forward, is fast reducing the averages: the last general return for the kingdom. published on Thursday. (64s. 8d.,) shows a fall, as compared with that for the week pre- ceding, of 61. 6d. per quarter; and as the next will probably be lower, a rise to 101. 8d. in the duty is nearly certain to take place on the 30th instant ; and we cal- culate that by the 14th October the duty will be 20s. 8d. per quarter.' " Wentworth. 4th October 1841.
"Dear Mr. Tasburgh-The paragraph which I have prefixed appears to me to give rise to some very serious considerations. It is taken from the Uni- versal Corn Reporter of last week, September 27th; a paper which has no general politics, and which never hints at a maxim in political economy. It speaks of reducing the averages; but I need not remind you, even if the pars- graph itself did not relieve me from that necessity, that reducing the averages and raising the duty are the same thing. But what I wish particularly to draw your attention to, is the cause of this approaching rise of duty with which we are threatened. It is not the abundance of corn ; if it were, something might be said in favour of the system : but, on the contrary, it is the inferiority of the new wheat. That such would be its character, might have been foretold as long ago as the 1st August, after the experience we had had of the weather in June and July. What might have been foretold then, is now matter-of- fact ; and at the very moment when in common prudence, we ought to throw open our markets to every bushel Of sound corn that can be introduced, we are actually about to impose a prohibitory duty. That a duty of 20s. 8d is prohibitory, will not, I apprehend, be denied by anybody ; in the first place,
because it s just that amount which the supporters of protection consider to be protective of British agriculture; and in the next place, (which is much better proof of it,) because of the prices which are now ruling in the Conti- nental markets. Turning to another part of the paper from which my text is taken, I find, under the head Dantzic, September 18th,' the following para- graph- - The falling-off of supplies from the country strengthens the confidence in the trade; and the market, therefore, has been cleared at rather advancing prices, which we quote as follows : 50s. for mixed wheat of sixty pounds; 51s. for fine mixed; 52s. for common high mixed, of sixty paunds; fine old wheats, being held at 57s. to 58s., find no buyers. Now, the addition of 20s. 8d. would obviously exclude not only the best, but the whole of the corn here mentioned, even without the addition of a single shilling for freight and charges. - will perhaps say that, as the averages are reduced, this corn is manifestly not wanted; and that its exclusion is es- sential for the prevention of a further fall in price, and consequently, for the protection of British agriculture. According to his views, there might be some- thing in this rejoinder, and it might he consistent with the welfare of the peo- ple, (as far as the Corn-law considers their welfare,) if the averages exhibited a fair specimen of the cost of human food. It is obvious, however, that they do nothing of the kind. The averages are reduced, not by the quantity, but by the quality of the wheat brought to market : for though the averages, as regu- lators of the trade and of the duty, are reduced, the price of bread does not fall; and the farmer himself, who buys bread like his neighbours, is obliged to give 9d. or. 10d. for the four-pound loaf, while the highest price he can obtain for his new wheat is 65s. a quarter. Referring again to the same paper, I find that new Essex, Kent, and Suffolk, is quoted at 56s. to 65s.; Norfolk, Lincoln, and York, at 56s. to 63s.; Dantzic and Konigsberg, at 63s. to 75*.; and even the inferior grain of Mecklenburg and Pomerania, at 63s. to 70s. .A1 it is from the higher-priced grain that wholesome human food is manufactured, we need not be surprised at the price of the loaf; but as farmers deal in corn, not in bread, they derive no advantage, but the contrary, from a high price of bread. "Let us now turn to the state of the corn-trade. It is of great importance to the agricultural class at this season; because you know very well that most of the half-year's rents of England are due between Michaelmas and Martin- mas, and that, in order to meet their landlords, the farmers must and do effect great sales at this period. In the week ending September 25th, the arrival of English wheat in the port of London was under 3,C00 quarters ; of Scotch and Ira there was none ; while of foreign there were 87,222 quarters, of which upwards of 35,000 were from Dantmc, upwards of 12,000 from Konigsberg, the highest qualities. For the sake of the people, I am very glad that it has arrived; but when it is considered that above a million and a half of quarters bad just been released from bond, it must strike even the most careless observer that this sudden influx of such large masses must operate in a most mis- chievous manner upon the trade in British corn. The corn is wanted for food, and therefore I rejoice at its arrival ; but if it had fed the market gradually during the last two, three, four, or five months, it would not have produced these astounding effects. We should neither have had the average about 60s., now that the farmers have corn and must sell it, nor should we have seen it at 68s., 70s., 75*. and 80s., when they had none to sell. These recent events afford one of the most convincing arguments in favour of the most per- fect freedom of trade; and prove to demonstration how mischievous all these regulations and contrivances are, even to those for whose benefit they are kindly, though not very wisely intended. Another sentence in the same paper states, that in Mark Lane 'there was again a numerous attendance of country buyers, who directed their attention to foreign wheat ; and the transactions in this article were rather extensive.'
" PS. illness and other interruptions prevented my closing this letter at the time I intended, and I have not now time to pursue the last subject of inquiry. I do not, however, much regret the postponement, as subsequent events have proved the accuracy of the calculations of the paper from which I have quoted, and that full reliance may be placed upon the information which it conveys. Its anticipations have become facts. The last six weeks' average is 66s. ld., and the duty consequently 20s. 8d. • but still the price of the loaf is 9d. or 10d. "Believe me yours most faithfully, FITZWILLIAIL" "19th October 1841."
The packet-ship George Washington has arrived, with advices from New York three days later than those brought by the previous arrivals.
The subject of paramount interest is Mr. DI'Leod's trial, which had con- tinued for three days. We give below a copious abridgment of the pro- ceedings; first dismissing out of the way a few miscellaneous topics of the news brought by the packet.
President Tyler had completed his Ministerial arrangements, and the list of the Cabinet is now finally settled—Daniel Webster, of Massa- chusetts, Secretary of State; Walter Forward, of Pennsylvania, Secre- tary of the Treasury ; Abel P. Upshnr, of Virginia, Secretary of the Navy ; John C. Spencer, of New York, Secretary of War; Hugh S. Legere, of South Carolina, Attorney-General ; Charles C. Wickliffe, of Kentucky, Postmaster-General. More meetings had been held in Vermont, along the line, respecting the recent abduction of Grogan. One of the resolutions adopted at a meeting in Burlington ran thus-
"Resolved—if this outrage shall be justified [by the British] it will be an affront to the nation ; and to the nation we confide the keeping of its honour and the protection of its citizens, hereby pledging ourselves to a hearty came- ration, and guaranteeing that fifty thousand green mountain-boys, good and true, shall be ready for the crisis."
No material alteration had taken place in the interval between the sailing of the George Washington and the preceding packets, in the New York money, stock, or produce markets. The rate of exchange on England remained nearly the same, namely, 9,1 premium. On France the rate was 5 francs 17/ centimes. Money was plentiful, and good paper was discounted freely. The shares in the Bank of the United States were 5/1. A terrible accident had occurred on the Western Railway, (a portion of which great work only is opened,) by two trains which were travel- ling on the same line of rail coming in contact at full speed. The consequences, as may be imagined, were dreadful. Several persons were killed, many maimed and wounded.
The trial of M'Leod began at Utica on the 4th, and we are in possession of the proceedings down to a late hour on the third day. The public excitement is said to have been very great in the Union generally, but in Utica itself there was none; in the court, spectators never crowded the seats, and on the third day there was not a single stranger in the court at its opening, and scarcely a dozen at any time afterwards. Some of the Jury were set aside because they had con- scientious scruples against condemning a man to a capital punishment. But there was less difficulty than had been expected in empannelling a jury.
The Attorney-General of New York State, Mr. Willis Hall, began his statement of the case by cautioning the Jury, in rather an elaborate manner, against prejudices for or against the prisoner, and against timid fears to carry out the law ; and he closed his speech with a similar exhortation. He proceeded to set forth the accusation : it was conveyed in seventeen counts, which charged the prisoner, Alexander DPLeod, with having murdered Amos Durfee, on the 29th day of December 1837. At that time, a band of about two or three hundred Canadian insurgents had possession of Navy Island, and there had been great excitement on both sides of the border. The tales told by the fugitives from the terrible massacres of St. Charles and St. Eustache had created great sympathy for their sufferings, and sympathy with the individuals easily passed into sympathy with their cause. The Attorney-General did not deny or vindicate the acts of the Canadian insurgents ; but he denied that the American citizens who had joined them had violated any law- " They have done no more than has been done again and again by the people of every nation. Your own recollections of history will furnish your minds with hundreds of examples. The Swiss nation have for hundred of years fed all the armies of Europe ; and who ever thought of holding them responsible for it? They did no more than Admiral Lord Cochrane did in taking part with South America. They did no more than Lord Byron did, who gave his life to aid the Greeks in breaking the chains of Turkish bondage. They did no more than La Fayette—the good, the glorious La Fayette—who, in his love for hu- man liberty, crossed the Atlantic, and gave his life and princely fortune in the struggle of the patriots in our own revolution." The collection of people upon Navy Island had excited great cu- riosity, and thousands of persons flocked to the neighbourhood : winter had set in ; the waters were frozen ; it was the period of the Christmas holydays, and a season of leisure. Mr. Wells, the owner of the Caro- line steamer' saw an occasion of making gains by his little boat ; and he obtained from the Collector of the port of Buffalo a licence to ply between that and Schlosser, a place about two miles above Niagara Falls, where there is a tavern and a warehouse, but scarcely another building nearer than the Falls. Mr. Wells stopped at all the intermediate points 'where boats had usually stopped ; and in that way he went to Navy Is- land. On the afternoon of the 28th, he made two trips, carrying such passengers and freight as offered- " Among these articles, it will appear, there was a cannon. Much stress has been laid upon this circumstance; and I therefore pause one moment to com- ment upon it, so far that you may perceive what force an act of this kind should have. It was one of those articles which, when nations are at war, neutrals are prohibited to convey, under pain of forfeiture if taken. If a neutral undertake to carry arms and munitions of war, the vessel and articles so conveyed are liable to forfeiture. But if a vessel carry such articles to the destined point and land them, she cannot afterwards be held liable. The mo- ment the articles are landed, she is no longer liable to be seized or molested. This law applies upon the high seas, the common highway of all nations. In this portion of the territory it would apply only in cases of seizure within the waters of Great Britain, and it would not extend to them the right of coming within our own waters. It will be observed, that at the same time that this vessel was passing between Navy Island and the American shore, a ferry-boat was passing from Black Rock to Waterloo, on the Canada shore, daily and hourly, carrying to Canada arms and munitions of war ; and the Canadian army were fed at the same time from the American shore."
The tavern at Schlosser was crowded, and Mr. Wells gave some per- sons who could not obtain lodging there leave to lodge in the boat at night. At ten o'clock the watch was set, and the inmates of the boat retired to rest : about twelve they were aroused and attacked by a strong party, in boats, fifty or sixty in number ; some escaped to the shore, others were grievously wounded ; and others who concealed themselves, it was but too probable, perished in the vessel, which was set on fire and let loose to drift down the cataract. Some of those who escaped on shore, amid cries of " No quarter I" were pursued into the warehouse ; and the warehouse was searched with lights, to ascertain, in the language
of the assailants, if some of the damned Yankees werinot concealed there. Amos Durfee was found upon the wharf, some four rods distant front the boat ; a ball having been shot through his head, entering the back part and coming out in front. It had been so near that the cap upon his head was singed with fire from the gun. He had doubtless been shot upon the spot, and died instantly. The Attorney-General argued at some length against the expedition being held to be of a military character, governed by other laws than the laws of the particular
State ; and he read Judge Cowen's opinion to the same effect, delivered in the Supreme Court some months back. It was a fallacy to consider Durfee in the same light as one of the insurgents in Navy Island: the only questions for the Jury to decide were, whether Durfee was killed, and whether the prisoner was one of those who assailed the Caroline and killed Durfee. The Attorney-General gave a sketch of the evidence to be produced to prove the affirmative of the latter question- " Upon this point we shall examine numerous witnesses : some of them wilt show that upon various occasions, and in presence of those who were in it, the prisoner declared that Ise was there. We shall show that, previous to this ex- pedition, the prisoner was one of the most busy and active in getting up this expedition ; that a few days previous he went to Buffalo for the purpose of seeing the boat, and if it were coming to Schlosser. He went round the island in various ways, and appeared to take a deep and active interest in the affair; and we shall show you that he was engaged in inlisting persons for the expe- dition. It will also appear before you, that on several occasions he exhibited a pistol and a sword with blood upon them, and repeatedly pointed to the blood, and said it was the blood of a damned Yankee. Several witnesses will prove before you, that they saw him enter the boat to go on that expedition; again, others 13817 him leave the boat on its return."
The first witness examined was William Wells, the owner of the boat. He narrated all about the anchoring of the steamer at Schlosser, and her being laid up for the night-
" About twelve o'clock I was awoke by the hands of the vessel, who com- plained that their berths were occupied. The hands had been to Niagara Falls; and when they returned, they wished to have their berths. I told the strangers, who occupied them, that the condition on which they were permitted to occupy them was, that they should be given up when the hands returned. Those persons were strangers to me, and had come on board for lodging for the night. [Among them, Mr. Wells afterwards said, was Durfee. They were twenty-three in number.] Afterwards, some one put his bead into the cabin, and said a boat was coming, with men in it. I do not know who informed me, nor whether it was to inform me alone. Captain Appleby [a person who com- manded the steamer for Mr. Wells, the latter not being used to such craft] and myself directed him not to let any one come on board, but to see who they were. He stepped from the compainon-way, and then said there were four or five boats full of armed men coming ; and he called to roe to come on deck. got out of my berth and was dressing; and I heard a terrible uproar, and men on board ; I heard the report of one or more pistols or guns, and the noise of feet on deck. There was much hallooing and noise. I stood by the side of my berth until I was dressed. I made up my mind that they wanted the boat, and that that was all the harm they would do. I knew they had possession of the deck ; and I secured my papers and little effects in the berth, and started for the companion-way. Before I could get on deck, I heard orders given to give no quarter, but to kill the damned Yankees, or words to that effect. 1 asked Captain Appleby what we should do ? He said he did not know; we must do as well as we could. I did not get on deck. Captain Appleby got level with. the deck, and got one foot out: some one standing on the cylinder, lidding on to the piston-rod, hauled him,in and told him they would kill him if he went out: ahat crowded me down the stairs again. There then appeared to be two parties on deck, one coming from the bow and the other from the stern, and they com- menced fighting. Instead of going into the cabin. I passed to the forward enil of the boat, to make my escape by the forward hatch. I expected to effect my escape by a ladder which the firemen used to go up and down. I stood with my hand on the boiler. The hatch was immediately over a portion of the boiler. A man sprung down into the fire-room : he turned round, got hold of the poker, and commenced working at the fire. I imagined they were going to get up the steam, and take the boat off. I stood there until I saw him busily engaged, so that I dared make a noise. I think he did not see me at all. went back to the cabin, with the intention of running out. I got on the stairs ; and when I got to the top to thrust my head out to see if the coast was clear, my head brushed the calf of a man's leg. I sprang down again on the cabin-floor. The cabin-door was open at that time. A man came against me: it was one of my own men. I then got to my old position ; and while 1 was standing there, the man at the furnace raised himself up in front, and I sup- posed he was coming to take me. He stepped right in front of me, and to the left hand, and seized somebody by the boilers, four or five feet from me, and hauled him out. It was in the shallow part of the boat, where a man could. not stand upright. Be used rough language to the man, and asked if he belonged to the boat. The man was Amos Durfee; he said he belonged to the boat. The man told Durfee to follow him, or he would blow his brains out. He said, follow sue, you —, or I will blew your brains out. He kept jerking Durfee; who made no resistance. I went out on deck ; and I saw Darfee spring on deck. I saw them clinched; Durfee apparently trying to get on shore. I made several attempts to escape from the boat ; but I saw men in boats, with swords, pistols, and boarding-pikes. They were attached to my boat, and were swinging round in the stream. My boat was forty-six tons, and was about seventy-five feet long. I heard command given to cast her off. The words were, 'Cast her off! God damn it, why don't you cast her off? where's the rockets?' I intended to surrender, and went on deck ; from whence I ultimately got ashore, having passed my men, who appeared to be on guard."
Mr. Wells described the terrible wounds inflicted on many of the party, and the finding of Durfee's body. He explained his purpose in plying with his boat- " My object in running my boat was to make money out of it by carrying passengers and freight, as she had always done, between Buffalo and Canada. I made three trips on the 28th December; first, from Buffalo to Black Rock Dam, Tonawanta, touching at Navy Island, and from there to Schlosser. I made two other trips between Navy Island and Schlosser that day. I carried not much of any thing that day ; I carried passengers and what freight was offered ; I carried passengers both ways, but brought no freight from the island. Captain Appleby acted for me that day, but the papers were in my name. I do not know that my boat had any more connexion with the Navy Islanders than with the people of any other place; I did not belong to them, nor bad they any ownership in the boat." In his cross-examination by Mr. Spencer, the leading counsel for the prisoner, Mr. Wells said that the navigation usually closed about the middle Of December, and the boat had lain idle all the summer. She had been seized for smuggling goods into the United States; and the witness and a Mr. Scranton were to purchase her, but Mr. Wells had paid for her. She had been frozen in about a week. There was some talk about a bond of indemnity—he supposed to indemnify the owners
for any damage attending the getting her out that season ; but he did not know that the conversation was held with people who had a right to give and take one. He did not know of his own knowledge that the bond was to be drawn up and signed by several citizens of Buffalo: he understood that twenty were to sign it, and that five had signed it ; but it was never his intention to take it. There was a man on board 'with a rifle. He did not think that there were a dozen, or any armed men on board: they might have bad pistols-
" Among the freight from Schlosser was a six-pounder cannon, on two wheels. I do not know where the cannon came from. All that were there helped to get it on board. I took a horse over also from Schlosser. I took some straw. I did not inquire what it was for. There was some lumber. There might have been 500 or 1,000 feet of boards. There were potatoes and other articles. There were some muskets. I do not know how many : there might have been ten or fifteen ; there might have been a hundred. There were some articles of provisions : there were potatoes, turnips, and things of that kind. • • • I do not know but I ran the boat in such a way as would benefit the Navy Island people. I saw Van Rensselaer, Mr. Chapin, and Mr. Flagg on the Island. I had conversed with them before about coming down. They re- quested me to come down. I do not recollect what was said about my com- pensation for it. I believe they said I could make money out of it. There was a committee, called the Committee of Thirteen,' in Buffalo; it was an executive committee to aid the Navy Islanders. I have understood that Dr. Johnson was one. Mr. Phelps acted as commissary, I believe. Phelps was one that I conversed with about going down with the boat. I did not pay all the expenses of cutting the boat out of the ice. I do not know who had the management. Every one broke a piece of ice just as they liked. I think she was about a fortnight undergoing repairs. I think they cost about a hun- dred dollars. I think I furnished the money. I do not recollect. I will not speak positively about it : Mr. Scranton told me he furnished the money ; but I think he was mistaken. When I commenced repairing, I did not intend to use her in the Navy Island service; I thought of running her up to Catta- raug,tis Creek, so as to be ready for the spring. • • * There was a -meeting at the Theatre in Buffalo, which I attended. I know very little about it. The declared object of the meeting was to assist the Navy Islanders. Mr. M‘Kenzie, who had come from Canada, addressed the meeting. People were invited to join them. A procession was formed, and marched with martial music. I cannot tell how large a body marched off. I understood the object of the Navy Islanders was to free Canada. They took possession of it as their own ; and the talk was, they intended to make a descent on Canada when they got strong enough."
In his reexamination, Mr. Wells said that he was not connected with the insurgents either openly or secretly. He only knew of the "Com- mittee of Thirteen" from hearsay ; though he presumed he knew all the members. On further cross-examination, he said—" The Collector - did not refuse to let me go out [of Buffalo]. He said I might do what I did without violating any law. He said I might run to Navy Island and carry arms and ammunition ; but I must not arm my vessel, and that I ran risk while I was in British water." He replied to another question from the Attorney-General, "I knew what would be wanted on Navy Island, and that was why I asked the Collector." The next witness was Daniel J. Stewart, a resident at Buffalo, who was on board the Caroline at the time of the attack ; which he described. In his cross-examination, he said that he saw one or two muskets in the ladies' cabin. Frederick Emmons, a resident at Buffalo, who was at the inn of Schlosser on the night of the 29th, was the third witness. His evidence chiefly concerned the finding of Durfee's body. An at- tempt was made in the cross-examination to elicit evidence to show that Durfee might have been shot by a gun which was fired once from the house ; but the witnesses said that the person who fired from the house at the boats would have aimed wide of where Durfee lay by six to twenty rods. Emmons said that he saw Durfee after the gun was fired. James Field, the keeper of the public-house at Schlosser, gave similar evidence on this point. John Hatter, who lived in Niagara county, said that he fired the gun, and it was loaded only with powder. Henry Emmons was examined on the same part of the case ; J. C. Haggerty, a resident of Buffalo, as to the attack in the steamer and Durfee's death ; and Joshua A. Smith, who "followed steam-boating and engineering," and James H. King, as to the attack on the boat. Smith was a " dead hand," a waterman who was allowed to take a trip in the boat, according to a common custom, on the understanding that he was to work if wanted. There were others on board on the same terms.
Witnesses were then examined as to the identity of the prisoner, and his presence at the attack. Gilman Appleby, the person who com- manded the steamer, after concealing himself for a time had en- deavoured to escape by jumping into the water- " I went down and was rather strangled. As I came up, some one struck me on the back. I got under the pier, and afterwards crept out and made the best of my way to the tavern. I thought at the time, I was struck with an oar or a boarding-pike. Saw the man who gave me the blow with the sword. There was a globe lamp hung at the head of the companion-way. It hung just so that a man could clear it as he got up. I then supposed that man to be the prisoner Alexander M'Leod. I had had an introduction to him at the Eagle Tavern, in Buffalo, a week or ten days before. I thought then I knew him. I was examined the day after this transaction at Schlosser, before a Magistrate. My attention was called to this subject the next day, and I told every one I supposed it to be Mr. M'Leod; but it was done very quick, and I might possibly have been mistaken about it."
Appleby said, that while he was concealed he heard some one ex- claim—" God damn them ! what has become of the six-pounder that was there before night?" In his cross-examination this witness said, "The transaction was done in a twinkling : I did not mark the features of the man at that time : it was only a supposition of mine : I do not now say that it was M'Leod."
Samuel Drown, who served at the bar of Mr. Philo S. Smith, at Chippewa, said that he had seen Mr. M'Leod often in the court there. On the evening the Caroline was burned, the people at Chippewa were keeping up a large fire at a place called the Cut (a canal) on the Canada side : Drown was there, and after the burning of the steamer he saw two or three boats come into the Cut from Schlosser-
" When the men disembarked I was near to them. There were ten or twelve in a boat. I should say M'Leod was one of them. I was eight or ten feet from the boat. I saw them all get out of the boat. I stood about ten feet from them. Mr. Smith was with me when I came up the canal. I said I would go and see who was in those boats, and I ran to the spot. The men who came from the boats went to Mr. Davis's tavern, which was distant ten or twelve rods. They were talking about the Caroline. When they got to Davis's tavern, some said, 'Let's go in and take something to drink.' There was light in the house, and the door was opened two or three times. The man was there that I call M'Leod, and I don't think I am mistaken about it. I was within eight or ten feet of him when they made a halt at Davis's tavern. He stood about ten feet from the stoop. Persons talked with him. A deal was said, and many questions asked. I am as mire that it was M'Leod as I am that he is now sitting before me. From daylight to sunrise the next morn,. lag some one came in, and said M'Leod was standing on the steps. The mart that said that M'Leod was on the steps said that M'Leod was wounded last night at the burning of the Caroline. I said he was mistaken, for I saw him last night, and he was not wounded. Two or three said he was wounded. I think it was Peter Smith that spoke to me about M'Leod being wounded. It was spoken of by several. I went over to see if M'Leod had his arm slung up, but did not see him. I asked Davis's bar-tender if M'Leod was there; and he said he was somewhere about. When I looked out, M'Leod stood on Davis's stoop, near the hall-door. That might have been four or five rods from where I stood. M'Leod had a belt round him, and a sword at his side, when he got from the boat."
In his cross-examination, Drown said that M'Leod stood between him and the light, which was inside the tavern. Isaac P. Corson, a builder living within a quarter of a mile of Chip. pews, saw M'Leod on the day that the Caroline was destroyed, in a store, conversing with Captains Drew, Mozier, and Usher : the man who kept the store wished Corson to retire, as they had private business. He saw him again at Davis's about nine o'clock in the evening-
.' I saw him again the next morning, between daylight and sunrise, at the stoop of Davis's Steam-boat Hotel : there was a crowd around him. He was telling some of the exploits on board the Caroline, and what the performance had been. Be was saying he guessed they would not want to see him there again : he had killed one damned Yankee or tail. There were many around, and I was listening to one or another bragging of what they had done in the expedition with him. None of them disputed M'Leod, nor said he lied."
Cross-examined, Corson said- " It was the 28th or 29th December that I saw them, [Drew and Mozier.] I only knew it was that time from the almanacs. I was doing a heavy busi- ness; and I kept my books, and put down the dates usually at the foot of my bills. I was engaged three or four weeks making out my bills, off and on. I am well convinced it was the latter end of December that I saw them at Macklem's. I saw M'Leod at Davis's at nine o'clock that night. I had heard a whisper, about two or three o'clock that day, that the troops or volunteers that they were getting up were going round the island or to cut out the Caro.. line that night. The next morning I was within four or five feet of M'Leod. I did not speak with him. There were a great many flocking round him. The people that were round him were principally strangers. I think Mr. William Caswell was there, but I am not certain. Mr. Caswell is here as a witness. It first struck me this moment that Caswell was there. We have talked some little about it. Caswell told me be was subpiensed as a witness. I think we have talked about seeing M'Leod that morning."
Mr. Corson replied to the Court, that he could not tell which first spoke to the other about seeing M'Leod, Caswell or himself; but he thought it was himself.
Charles Parke, a Canadian, the bar-keeper at Davis's, was next ex- amined. He had been with Davis nearly three months, and he knew M'Leod the greater part of that time. He saw M'Leod pretty often the day that the steamer was burned-
" He rM'Leod] went to bed at Mr. Davis's, pretty early—before dark. I saw him again after dark. A gentleman came and asked for M'Leod; and he was shown where he was. Mr. M'Leod got up. It was between eight and ten o'clock. He came down into the bar-room ; and I think he said to Mr. Davis, if his brother should come, to say he had gone to Niagara. I saw him after he left the house that night at between Mr. Davis's and Chippewa Cut. It was per- haps three quarters of an hour after. Be went to some boats tied up at the side of the river. There were from one hundred to two hundred people there— one hundred at all events. He proceeded up the Niagara river with the boats. I think he got into one of them. He went, I should think, three quarters of a mile up the river with the boats. At the point of embarkation, nearly opposite the river end of Navy Island, they shoved off from shore, and steered across the river as far as I could see. I saw M'Leod again next morning, about sunrise, or a little after, or a little before, in the village of Chippewa, either in front of Mr. Davis's house or in the square. There were a great many people stirring at that time. There were none very close to him. I do not recollect hearing him say any thing. If I recollect right, M'Leod had a sword by his side. Be was about Chippewa a good deal that winter. He was often in the officers' mess-room. I think I have heard him say something about the destruction of the Caroline. It was two or three days after. Be said he had killed a Yankee, or something to that purport."
This witness was under cross-examination when the express for New York departed.
The conspiracy in Spain has fallen to pieces rapidly ; a general de- fection among the rebel troops having been both an effect of the force which had been sent against them and an aid to the movements of the Government. On the 18th, the troops under Piquero, who had gone from Vittoria to Bergara, having been made aware that Parader had en- tered Vittoria with Government troops, and that six of Espartero's bat- talions had arrived at Poubla de Argancer, exclaimed, "A Castilla, a Castilla! we will not fight against our brethren !" Other troops echoed the cry. The report of these proceedings was soon made known throughout the city ; and some persons went to the Marquis of Alameda, the Deputy-General, and the prime mover of the revolt, and advised him to immediately leave it for a place of greater safety ; which he did, accompanied by Leira, an officer, Montes de Oca, and twenty men. When they arrived at Bergara, and had retired awhile, they were about continuing their road towards Deva, in order to embark, when the sol- diers of the escort said to the Marquis and to Leira, " Fly as fast as you can. As for Senor Montes de Oca, he returns with us." And they actually brought him back to Vittoria, and placed him in the
power of Zurbano, for whose bead he had offered a price. •
At Tolosa, the regiment of Bourbon, which, with its Colonel, bad pro- nounced itself at Bilbao, informed of the events at Vittoria, followed the example set ; and the peasantry, joining the soldiery, insulted Urbistondo, who commanded them, and he was only at great risk able to set out towards Leeumberri. On the 19th, the troops in Alava and Gui- puscoa, officers as well as men, made their submission to the Govern- ment. Bilbao did the same on the 20th. On the 20th, O'Donnell ordered the final evacuation of Pampelnna by some troops which he had left there. On the 21st, General Alcala marched upon Tolosa. On the same day, Rodil entered Vittoria ; where he caused Montes de Oca to be shot. On the 22d, O'Donnell arrived at Urdax, with 2,500 men, on his way into France : he was accompanied by Ortegosa andknreguy (E1 Pastor): their arrival within the French teritory was soon after an- flounced at Bayonne. Count Monterron and a few members of the Provincial Deputation of Guipuscoa also passed into France on the 21st. The Morning Post discloses the sentiments of the Carlists respecting the rebellion- " The Christina movement, prematurely pushed by the return of the Infante Don Francisco de Paula to Madrid, was a mere military meeting ; and the mu- tineers, at the fall of their chide, return to their duty. The most tempting offers were made to Don Carlos's Generals in France to second the movement ; but they declined. If Villareal had crossed the frontier, the Mountaineers would have risen as one man; but Villareal sent his orders for neutrality, and the soldiers of O'Donnell found no echoes in the mountains. Cabrera was given a carte blanche by Christina's agents. His answer was simple and dig- nified—' I send your proposals to Bourges for the approbation of my royal master.' We are enabled to state the sentiments of the distinguished Carlist ,chiefs as to the late events. It was their anxious wish that Don Carlos should issue a proclamation declaring his abdication in favour of the Prince of A.sturias, Isis eldest son ; and it was furthermore desired by the leading Generals, that the marriage between the Prince and Queen Isabella should be the bond of recon- ciliation between the Moderados and Carlists, with the convocation of the ancient Cortes by Estamentos. It is understood that the only obstacle to this act of abdication on the part of Don Carlos is the Princess of Beira, his wife ; but our letters add, that latterly she has evinced much less repugnance to agree to a proposition the effect of which would be to withdraw from the French Government any further pretext of retaining Don Carlos a prisoner at Bourges. The Carlists complain of the partiality of France in taking the same measures with Queen Christina as with Don Carlos, as they are both adversaries of the de facto Government in Madrid."
Espartero left Madrid for the North on the 19th. Before his de- parture, he issued a proclamation denouncing the rebellion ; reminding the people that he had derived his power from them ; asking if he had not fulfilled the promises which he made on taking it, to maintain the constitution ; and committing the care of the Queen until his return, " which he says shall be speedy, to the National Guard of Madrid.
The Espeetador repeats, with more distinctness, an old charge against 'Christi n a-
" As guardian to Isabel the Second, and as Regent of the kingdom, Christina disposed of the proceeds of the royal patrimony, and of the 28,000,000 francs belonging to her daughter. We have already said that all the expenditures were paid out of that fund. Now, besides the 12,000,000 francs of the Civil List, she saved during the seven years of her administration, 5,500,000 francs per annum, or in all 37,000,000 francs; %%ilia added to her dotation of 84,000,000 francs, constitute a total sum of 121,000,000 francs. Supposing her to have expended 11,000,000 in i Spain, (which is not probable considering her economical habits,) she would still be n possession of 110,000,000 francs, sibich she must have saved during her enjoyment of the Regency. We shall say nothing at present of the jewels and other silver and gold articles which disappeared from the royal residence and were not to be found after her departure; we only refer to facts which are authentic, and placed beyond doubt. A sum of 110,000,000 francs, (4,400,0001. sterling,) collected during a war in which her rights were contested, is a sum which no Queen of Spain had succeeded in amassing in so short a time, and under such circumstances. If those treasures were retained by Christina and expended in quiet life, and she left in repose the Spaniards who have sacrificed themselves to enrich her, we and all our countrymen would consider them well employed. But they are used for the purpose of kindling discord and civil war."
The Paris papers publish a curious and interesting correspondence between S. Olozaga, the Spanish Ambassador in France, and Queen Christina. The first letter is from the Ambassador ; and it is dated October 12th. Alluding to a despatch from the French Charge d'Affaires, in the Mon iteur, describing the attack on the Palace, S. 010- .zaga says- " Your Majesty's heart must have been profoundly afflicted when you were apprized of the danger to which your august daughters were exposed; when you considered the spectacle which the palace of the Kings of Spain presented at that terrible moment—a palace which had been religiously respected even when, under the most critical circumstances, the enemies of liberty compromised the cause of the constitutional monarchy. Under the reign of your Majesty's husband, the Royal Guard, which had revolted, was shamefully defeated by the National Guard of Madrid and the troops of the Line ; and although, when defeated, it took refuge in the palace, where the centre of the conspiracy was established, the feeling of respect PM more powerful with the conquerors than the desire of crowning their triumph, and they halted at sight of the royal residence,—an admirable example, which probably stands alone in the history of revolutions ; an example which your Majesty (if you were not present) may learn accurately from one of those who were witnesses at least of the danger to which the Spanish constitution was exposed on that day. But your Majesty yourself observed that, during the six years which the war excited by Don Carlos's partisans lasted, the latter never made a similar attempt. The reason is, that the present rebels have not the same pretence as the Carlists, nor a principle, even a false one, to proclaim ; and those who have commenced by treason can only maintain themselves by violence."
"If any thing could increase the profound regret at such an occur- rence," observes S. Olozaga, "it would be the fact that the rebels used Queen Christina's name." He says that he had transmitted her dis- avowal to the Government ; but as the insurgents continued to use her name, he suggests that she should address a declaration to the Spanish nation to show the fraud of those who did so ; or her silence "could only bear one interpretation." The following is the whole of the reply returned by Don Jose de Castillo y Ayensa, Christina's Private Secre- tary, on the 15th-
" The Queen Donna Maria Christina de Bourbon commands me to tell your Lordship, that she does not think proper to reply to your strange communica- tion of the 12th of this month, in which the facts were misstated and her Ma- jesty's words falsified."
S. Olozaga rejoins- " These latter words, which neither your Lordship nor any other person has a right to address to me, would justify me in using similar language. But my education would not permit me to do so; and my duty as a public character re- quires that I should at this moment dismiss every personal feeling."
He goes on to say, that if he has misquoted Christina, he is ready to transmit to his Government any more correct report which the Queen may wish to furnish. He observes, that Don Jose de Castillo did not address him in his official character ; and intimates that he cannot pro- long a correspondence with those "who would not explicitly acknow- ledge, in the person of its Envoy, the legitimate constitutional Govern- ment of his Highness the Regent of the kingdom during the minority of the Queen Donna Isabella the Second."
Don Jose de Castillo's answer, dated the 24th, begins thus-
." The strange and disrespectful language of the communication which your Lordship addressed to the Queen on the 12th instant, and the inconsiderate in- tention which it evinced of entrapping her Majesty, to the detriment of her
exalted dignity and honour, have obliged her Majesty to defeat such ambuscade in the simple and severe manner which she has been pleased to prescribe."
"Considerations of a superior mind" alone induce her Majesty to' break silence, with a view to proclaim her real sentiments, give vent to
her profound indignation, and defeat the object of the refined and at the same time barbarous persecution directed against her by her enemies- " The Queen neither advised nor created the sad events which have spin afflicted our unhappy country, while the tears and blood which during seven
consecutive years were shed in the Peninsula were still flowing. A. stranger to all the passions engendered by political discords, her Majesty supported with courage and resigriation the anguish which she has had to endure from the day when she lost sight of the two august orphans so dear to her heart. Deploring, as she does, the error and infatuation of men who requited by insult and by the basest ingratitude those benefits which they had received from her generous hand, and reconciled to lead a sad but tranquil existence in a foreign land, her Majesty has invariably followed the pacific, noble, and safe course which she has laid out for herself under those painful circumstances. No, her
Majesty has neither advised nor excited civil war ; and it was not possible for her to do so, after declaring in a recent public document the consolation which she felt at having been the constant promoter of peace. It is elsewhere we
must seek the causes of the new collision which has broken out in Spain. Those causes are to be found in the attempts of Barcelona and Valencia ; in the vicious origin of the Government constituted in Madrid, the work of the revolution of September ; in the usurpation of royal authority ; in the ille- gality and unruly injustice of the measures of that Government in numerous and flagrant infractions of the constitution and the laws; in its imprudent and scandalous obstinacy in violating the faith pledged at Bergara, and trampling under foot the ancient and venerable fueros of the generous Basques and Navarrese; in the liolent and iniquitous usurpation of the Queen's right to the guardianship of her illustrious daughters,—an usurpation which loyal Spaniards viewed with stupor equalled only by their profound grief, because they witnessed on this and several other occasions the contempt entertained for divine and human laws; and because they saw the honour and dignity of the mother of their Sovereign seriously offended."
"In their implacable fury," not satiated with the persecution of Christina, "the Revolutionists" "perfidiously seek to cover her with opprobrium "—
" After having plunged her in misfortune, the Revolutionists arc striving to extort from her lips an iniquitous condemnation of those who, in resisting the most odious tyranny, have confidently invoked her august name. In their blind delirium they aspire to nothing less than to obtain trom her Majesty the sanction of all the acts and all the scandals of the Government of Madrid, which rekindled in Spain extinct discords ; and they wish, moreover, that her Majesty should lay the responsibility of this new conflagration to the noble defenders of the laws indignantly outraged. Their frenzy prompts them to call on her Majesty to avow herself indirectly the accomplice of those who have the shameful impudence of caluminating, by charging them with regicidal projects, the men who have courageously taken arms to deliver august and helpless orphans from the hardest bondage. Her Majesty would cover herself with shame if she were to accept so ignominous a position. She will never sully her name by so black a stain."
This declaration is made to S. Olozaga, "in order that his Lordship may communicate it to the Government which accredited him to the Court of France." Don Jose repeats Christina's former declaration to
Espartero on the 1st June, that she would not sanction his proceedings. He informs the Ambassador, that "the present writing contains the
exact and faithful meaning and true representation of what her Majesty said" at the interview with Olozaga ; and Don Jose intimates that it is the last time that he is to address the Ambassador in the name of Queen Christina.
In the closing letter of the correspondence, S. Olozaga observes that •
it was not his province, bat that of the Cortes, to deal with the docu- ment forwarded to him on the part of her Majesty ; which was more a manifesto directed against the existing Government of Spain than a reply to his former communication. He adds an expression of delight at Queen Christina's new disavowal of participation in the rebellion, which threw upon the open actors in the insurrection all the blame and responsibitity belonging to their crime.
A French army has been formed on the Spanish frontier, amounting to 30,000 men ; but the French papers state that this force will really be maintained only in observation. The Temps asserts that the French and British fleets in the Mediter- ranean were in progress of reduction, the former by six and the latter by eight sail of the line ; which would still give to the French a pre- ponderance of four sail of the line in that sea. The same paper contains the following observations on the move- ments of the fleet under the command of Admiral Casy-
" We believe that this squadron is intended to make a demonstration by sailing along the Spanish coast, and to remain there some time if necessary, and afterwards to steer towards the United States ; not to require that the bill increasing the duty on French wines and silks should be repealed, but purely and simply to cause the neutrality of France to be respected during the forth- coming events."
The French Ministry have sustained another signal defeat before the Court of Assizes. On Friday, the editor of the National was acquitted a second time by the Jury, for an article prosecuted by the Attorney- General, as containing an attack against the inviolability of the King. The Court party attached the greatest importance to the affair ; and the preceptor of the young Princes, M. Cuvillier Fleury, who was said to have been specially sent from the Chiteau to watch and report the pro- ceedings of the Court, was seated behind the Attorney-General.
We have every reason to believe that the French Government by this [the Levant] mail has had the notification of the complete evacua- tion of St. Jean d'Acre by the British troops, with the additional infor- mation that by the next mail the whole of Syria will have been evacuated by the British and Austrian forces ; thus honourably completing the con- ditions and promises contained in the treaty of the 15th July.—Morning Post, Oct. 27.