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Leader (1850-1860), 26th February 1853, Edition 1 of 1, Page 200

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      would be diverted to those Turkish ports . Hence the grievance , and the exigency of the demands of Austria . The latest accounts mention that on receipt of this ultimatum , the Porte , after Cabinet councils , appealed to the arbitration of France and England , and that Count Leiningen had demanded his passports . Russia , it is believed , supports Austria on this occasion , while opposing France onthe question of the Holy Sepulchres in Syria . Turkey does well to beware of so oppressive and dangerous a friend

      as Russia . It may be thought by some persons ominous and significant that the Times , in one of its quasi-diplomatic articles , should take this occasion to suggest , and almost to advise , under form of a prophecy , the dismemberment of Turkey . We had thought that even its affection for " old ally" at Vienna , would yield to the traditional support of " our oldest ally" " Constantinople . The moral of the whole matter , however , is , perhaps , that the fate of Turkey will , in th& next continental cataclysm , be hurried towards a final and inevitable solution .

      The Journal des Dibats states that the news received from Constantinople , by way of Trieste , announces that the Porte not having accepted the Austrian ultimatum , Count de Leiningen had quitted Constantinople , and that the Divan had then referred the settlement of its differences with Austria to the mediation of France and England . Russian troops are concentrating on the frontiers of Moldavia , and great naval preparations are going on in the Black Sea . A letter from Broussa states that the health of . Abd-el-Kader is good . He lives in the greatest retirement , spending all his time in reading and prayer . It is said that he has commenced writing a religious work , to be called " Meditations on the Koran . "

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      WAR IN BURMAH . An almost unintelligible telegraphic despatch was received yesterday from Trieste . These are its terms : — " The Burmese occupy the Aeng with a large force . Pegu [ the province , we suppose ] , has been again occupied by a large force of Burmese . They raised the siege [ of the town ?] on the 8 th and 9 th of January , and marched to the defence of Ichoygt [ Shoygyn ?] , upon learning that General Stcele was advancing upon that place . The Burmese have retired from Prome and from Meadami ^ It is said that a revolution has taken place at Ava , by which the old King has been deposed and driven out , and that the new King lias recalled the troops to Ava , and desires peace- Fever and diarrhoea prevail among our troops , and were increasing . "

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      AMERICAN NOTES . Since the last mail , another great speech lias been made in the United States Senate on the " Cuba and Monroe doctrine" resolutions of General Cass . The orator was Mr . Clemens , a Democratic senator from Alabama . Contrary to the expectations of many , Mr . Clemens was opposed to the discussion of the subject at the present time , as he did not wish to shackle or embarrass the in-coming Administration of General Pierce , who would doubtless endeavour to place the foreign

      relations of the United States on u better footing . In touching upon the tripartite treaty , he contended that he did not think it a wise policy for the United States to be pursued into intemperate action , because France and England had made a foolish parade of their future policy . As long us English statesmen kept their senses , a thousand Cubas could not induce them to declare war against the United States , for they well knew the importance of the cotton crop and commerce , and what would be the fate of Canada then . , And France , he

      said , had just erected its imperial throne on the crater of a volcano ; and if tho great Emperor himself held the reins , a war with America would be destructive to France . On this point he added : — " I am aware that upon paper tho naval powor of France is immensely superior to ours . ( Juris and vessels do not make a navy . If every vessel named in the United States register were to-morrow burned to tho water ' s edge , ^ France would bo no nioro capable of contending with tho United States upon tho ocean , than tho oak of tho forest is capable of resisting tho thunderbolt of hoavon . "

      Mr . Clemens complained that tho proposition of Franco and England bad beeli unduly held out in Congress to influence the popular mind , but not very suecesHfully . Cuba , he considered , would bo annexed to tho United States when the time was ripo . He was opposed to filibusterisin , or tho wrongful taking of territories belonging to other people , under tlio plnu-Hiblo pica of " progreas , " or " manifest destiny ; " and he said — " Let us rob Spain of Cuba , England of Canada , and Mexico of her remnihing possessions , nntl this continent will bo too small a theatre upon which to enact the bloodj drama of American progress ! " He agreed upon that resolution which announced thnfc tho United States had no design upon Cuba ; and for his part be haw no good to result from a ro-nffirination of tho Monroe doctrine . Tho debate was again adjourned . An equivocal looking telegraphic despatch from thu noutli inform * us that the " state of Honduras linn taken ] K * ao 86 ion of a llritinh hcU lenient at Liuios , which it intendB to keoh at a \\ \ mmiviU . "

      Projects for settling the Fisheries question were be fore the Senate .

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      SIX MILE BRIDGE . The Commission of the County of Clare was opened on Tuesday by Mr . Justice Perriri . The chief case for the consideration of the Court was the affray at Six Mile Bridge , when several persons were killed by the firing of the soldiers . Government , it will be recollected , prosecuted the soldiers on a charge of murder . In his charge to the Grand Jury , Mr . Justice Perrin set forth his views of the law as regards the use of deadly weapons by soldiers under the circumstances . His words on this head ate very striking .

      " Ordinary persons going on such an occasion to the hustings or elsewhere would act very indiscreetly and very dangerously , if not illegally , in arming themselves with deadly weapons in order to resist obstruction or opposition if it were expected ; but soldiers are bound , are under orders , and therefore that which in other persons might denote a previous or deadly intention justifies them in carrying weapons . So far there was nothing illegal in their conduct on this occasion ; there was nothing illegal in their proceeding through the crowd with the freeholders under their escort peaceably , doing or offering no unnecessary violence in the discharge of their duty ; but soldiers have no right to force their way through a crowd by vi p * lence , or by arms , and still less by the discharge of deadly

      weapons ; they have no right to repel a trespass on themselves , or the party escorted , by firing or mortally wounding ; and you will observe the distinction I take between removing an obstruction ftnd repelling a trespass . They have a right to lay hold of—as every subject of Her Majesty has—and resist persons guilty of assault and trespass , to restrain them , or make them amenable . There is no distinction between soldiers and other subjects in that respect ; for , as Lord Mansfield says , and his attention was very much called to the subject- — ' No matter how called on , the military are citizens ; and , I say , as subjects of Her Majesty , no matter whether their acts be hard or otherwise , they are employed not to subvert , but to preserve the laws that we prize so highly , ' &e . If assaulted and

      struck with violence they have a right to repel force by force , but not by the use of deadly and martial weapons ; although , if provoked by blows , so as to induce them to lose the command of their tempers ( and more forbearance is , to be expected from soldiers than others ) , but if so provoked by the use of deadly weapons , and that they use them without previous premeditation , the law considers the frailty of human nature , and will reduce the crime , which would otherwise be wilful murder , to manslaughter ; and again , if it should further appear that , having been so assaulted and attacked , they were not guilty of any misr conduct , and that their lives , were threatened and in actual danger , and that in order to save their lives they were obliged to fire , and fired only in the necessary defence of

      their lives , then the homicide is excusable and justifiable ; but in order to sanction such a finding by a jury they must be convinced Vy actual proof that the lives of the soldiers were in danger , and were saved by their firing , and only saved by that means . In considering these matters upon tho evidence , you will recollect that there were of this party forty soldiers with fixed bayonets , under the command of two sergeants and two officers ; and , further , that it is at least doubtful whether there was any express command given to them to fire . No command was given by their officers ; that is , I believe , admitted by all parties , and you must further recollect that the firing cannot bo justified on tho ground that otherwise the freeholders or voters micht have escaped or been taken away .

      You will consider enrefully how tho transaction occurred , and that part of it took place in a narrow lane , and part of it near tho open road , and near tho court-house , where there was a largo body of police and a strong detachment of soldiers stationed , together with several magistrates . You will carefully consider all these circumstances , and whether or not the soldiers fired without orders , and I need scarcely repeat that in doing so you will take tho facts from the evidence , and not from any statement . That some shots were fired , and some persons killed at a considerable distance from tho lane , and by some of tho soldiers wlvo had just immediately come from it , there can be no doubt ; and if this was done when thero was no danger to their lives , and when some of tho people were

      at a great distance , and some had their backs turned—such a state of facts , showing no previous excitement , would amount to tho crime of murder ; but . even if such facts existed , and thero appeared to have boon some previous excitement , it would 1 «» a subject properly for consideration bow far that previous excitement would lead to tho conclusion that they had not a deliberate intention to take away life , and induce you toroduco tho critno charged to manslaughter . An to tho persons who wero filnin upon what , was called tho Lodgo-road , your inquiry will be , first , whether those porBotm worn slain , and if ho , tho condition in which they wero found slain P And , secondly , by whom they were killed P And , if you find that a homicide was committed , and that it wan committed by tho soldiers

      charged , and wns a hoinicido of tho worst description I have pointed out ,--if you find that tho parties accused , without provocation or excitement , committed this crime , you must , consider another matter of importnnoo ; you could not find tho wholo body of soldiers guilty , and it would bo therefore then necessary to ascertain who tho individuals wero who ( ired ; and l . hat is as important a consideration as any othor in tho eano . If they aro distinguishable , it , is your duty to distinguish thorn , for you cannot , find a general verdict ,, boc&UflO it was undoubtedly a fact , that ; several of tho rnon , at loast throe-fourths of them , did not , fire at all , and a bill could not , therefore , bo found to implicate them all . With r ^ flpoot , than , to thoao who worn hlaiti in tho lano , I will again nay , it you are cotirmeftd that til * eoldiett wor * Atit the tu&te *« dr 8 ,

      We have a telegraphic despatch , however , stating that the grand jury had ignored the bill preferred against the soldiers . It remains to be seen whether the prosecution of the priests , alleged to have incited the populace , will be proceeded with . __ _ _ _ , _ _

      but that in the performance of a duty they were unlawfully assailed , so as to be in danger of their lives , and could not otherwise save them , tHeir conduct in firing would be justifiable ; but , if you are of opinion that , although they were . not the aggressors , they were assaulted and struck * and thereby provoked so as to get their blood heated , and that they were induced to fire even when their lives wero not in danger , then I think you should find a bill for manr slaughter against every man that it has been proved to your satisfaction discharged his musket ; but , if you come to the conclusion that those soldiers who fired did so deliberately and premeditatedly , when thero was no danger to their lives and when there was no excitement , then it will be your duty to find a bill for the more seriouo charge . " ii .

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      POLICE RULE . The Reverend Mr . Angley has received justice at the hands of Lord Palmerston . It will be remembered that this gentleman interfered between the police and some orange sellers opposite the Pavilion Theatre , on the 6 th of February . He was taken into custody , and fined by the Worship-street Magistrate . His alleged offence was striking the officers : really he was attempting to take the number of one of them . His case has been , brought under the notice of Lord Palmerston , and he , finding that the sentence of the Magistrate cannot be sustained , has ordered the fine to be remitted . In the official letter from the Home Office we find the following information : — " Lord Palmerston directs me at the same time to admonish you , that you were wrong in interfering with the policeman on the spot , and that if you thought he had exceeded his duty , and the case was one which required notice , you should have represented the matter , in writing , to his lordship , in order that the proper and necessary steps might be taken . It was not at all necessary for this purpose that you should take the constable ' s number , as lord Palmerston could easily have ascertained what constable was on duty on the spot at the time . " Without any feeling adverse to the police—quite the contrary—we nevertheless trust that Mr . Angley ' s example will be followed in all similar cases ; otherwise our police administration will soon become of the Algerine order .

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      SEAMEN'S STRIKE AT SOUTHAMPTON . Desikotib of partaking of the general rise in wages , the seamen in the employ of the P eninsular and Oriental , and the Royal West India Mail Companies , have this week struck for an advance of five shillings on their present allowance of fifty shillings a month , with grog . The companies resisted , and Captain Eagledue , the superintendent of the former , went to London to hire new hands . A meeting of firemen , stokers , and coal trimmers , was called for Thursday . The companies do not object to the attempt of tho men to get higher pay , but they feel hurt at t he means employed ; the men having refused to sign articles on the eve of the departure of ships bound under heavy penalties to sail on a particular day : the movement , however , se ^ pis likely to spread .

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      IRISH AGRICULTURE . Some Returns have been recently presented to Parliament respecting Agricultural Produce in 1851 , from the Office of the Census Cominissoners . We quote the abstract published by a contemporary . With respect to tho number of separate lioldingH—tho Hot urns hIiow a considerable diminution . In 1840 , tho number exceeded 650 , 000—in 1850 , it was about 028 , 000 —and in 1851 , 008 , 000 . In holdings of more than ono acre , the decreaso in tho two years was nearly 40 , 000—about ono-thirtocnth part of tho total number in 1840 . On the other hand , in those not exceeding ono acre , thero was an increase of nearly ( 5 , 000 , or about , ono-fifth of tho total in 1 M 0 . The holdings not exceeding ono aero were * , in 1851 , about ono-sixtcenth of the whole number . While tho decrease in tho number of holdings must bo vinwed with satisfaction by every sound economist , tho increase which has taken place in the extent , of hind under cultivation during tho same period is a yet more hopeful nyint > toni . It is not a partial increase , nor in it merely obtained by striking a balance or taking anaverago . It is observable in every Irish county , with tho single exception of Limerick ; and it , is largest in four of tho count-ion which wo have noticed as having suHorod tho greatest loss of population . Mayo heads the list with an increase of J ) 7 nor cent , upon the aereago cultivated in 1 H 47—Loitrim follows with , ' 54 per cent . — Itoscominon with ' 25—and

      Sligo with 2 . 1 . This incroaso of cultivation , accompanied by a deerenso in every class of occupiers hitherto distinguished in tho Returns ( except those who hold loss than ono rirro each ) , is fully accounted for by tho circumstance that , in former documents of this nature , the occupiers of thirty acres " and upwards" wero nil classed together . Consequently , one largo farm of , 'JOO or 400 acres—and'theso aro , happily , becoming nrioro numerous—would absorb sovoral ovon of tho highest clans . For 18 f > l , however , a inoro ox tended elnnBiuYntion 1 b given , and it appears that thor * were then about 60 , 000 farms ranging ftom 60 acres

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      200 THE LEADER . [ Saturday ,

  • Citation
    • Leader (1850-1860), Feb. 26, 1853, page 200, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1975/page/8/