Star. — London, England, 1811-07-17 00:00:00

mischievous than for his Noble Friend to state, that if we returned to a cash circulation, that the taxes *mild not be paid, that the public creditor could not bt paid, or that the army and navy must be disbanded for want of pay. On the contrary, it was impossible that a sound and healthy circulation could be restored without resuming payments in gold. The conve• moose of a paper circulation was always admitted, •ut it could only be .received as part of a healthy circulation when convertible at pleasure into eash. The effect of his Noble Ft iend's propositions would be to make Banknotes a legal tender under another form, it would alter the nature of all pre-existing contracts, and must produce an enormous rise in the price of all commodities. The natural consequence must be a maximum. What also was to prevent the Bank entries from being depreciated in the same manner as the Batik-notes were ? It was impossible to prevent this depreciation whilst the present sys tem continued. He could bring evidence to prove at their Lordships' bar, if the subject was gone into, that three per Cent. Consols had been bought at fifty-seven for gold, and at sixty-four for paper.— It was also notorious, that there were shops its this Metropolis where two prices were regularly noted in gold and in paper. He was old-fashioned enough to believe that gold was necessary to a sound and healthy circulation; and he thought the House ought not to give currency to the doctrines contained in the Resoltutons of his Noble Friend, by ordering them to be printed. Earl STANHOPE, in explanation, said he had not alledged that the taxes, the public creditor, the army and navy, could not be paid without gold, but without a circulating medium. His Noble Friend, who had made one of the best speeches upon the Rox burgh case, had made as bad a speech now as his speech was good then. As to a meeting in Palace yard, he really believed that there were many persons amongst the inhabitants of Westminster who under- stood this subject quite as well as his Noble Friend. The Earl of LAUDERDALE observed, that the subject might be discussed any where—it depended upon the manner in which it was tre)tted. The Resolutions were ordered to be printed. Adjourned till Thursday. HOUSE OF COMMONS. The SPEAKER counted the Members at four o'clock, when there being but thirty-eight present, an eeljournmest of course took place. THE EVENING STAR. LONDON. WEDNESDAY, JULY 17. PRICE OF STOCKS THIS DAY AT ONE O'CLOCK. s poor Ct. COns. for money and account 611 62 n. div a per C. Reduced 624 —Navy S per Cent. 924 e es. div. 4 pet Cent. 7s(f—Bonds tls. it.. preen.—Omnium 2 (Us. *school. (9d.) par to Is. prem.—Diuo (30.) ss. 6s. prom Our port letters of to-day mention several arrittla from the Mediterranean and the Coast of Spain, but they are totally silent as to the reported Na4al Vie. tory in the Mediterranean. It is now correctly aster• tained, however, that several French ships of war t, with troops on board, have escaped from L'Oriento and that Admiral Kaaws is in close pursuit of them. We understand that an 84 and a 74-gun ship have lately reached Flushing from Helvoetaluys, and that six others were nearly ready for sea. Them are at prgent at Flushing 18 sail of the line and three Ad mirals' Bags flying, oaf of whieh is the celebrated WANTER'S. A very large number of seamen of all na , lons had been collected in the Scheldt, and It was untlerstood that the embargo which was lately laid on in France and Holland (with the ex ception of Dunkirk) had for its object the obtaining of the seamen of privateers and other small craft, in order to man the above fleet. The destination of this formidable armament is supposed to be Brest, in the first instance. The homeward-bound Jamaica Fleet have arrived off the Start—several of the Bristol ships have reach ed that port; one has arrived at Plymouth, and ethers have arrived et different ports in the Channel. The Gazette of last night contains the dispatches from Lord WaLINNOTON, of which we gave a cor rect summary on Monday. We lament to hear that the number of sick and wounded in his Lordship's army is very great. Some accounts say 9000. The Gazette of last night also contains Capt. BING. MAN'S Official Statement of the unfortunate affair be,- tveeen the American Frigate and the LITTLE BELT. None of our readers, we believe, can now view this bus'ness in any other light than that of a most das tardly outrage on the part of the Americans. Not withstanding the transatlantic justification which has been published by Commodore ROGERE, Captain BINGHAM expressly states, that no single gun was fired by either ship, and that the first firing was a tremen dous broadside, in answer to his hailing her, for the second time, from the President. That the gallant American Commodore, with all his politeness, was bent upon mischief, appears from the. circumstance I of his guns being loaded not only with round and grape shot, but with every scrap of old iron that could Ise collected. The following judicious observations on the subject are copied from an American Paper received yester day they shew that there.is still some good sense left among these who conduct the Press in that country : " Generally speaking, a Neutral has no right to chase a Belli gerent ; it is as much an assault as if you were to shake your fist in a man's face. if Commodore Routes had a friendly mes sage to deliver, he might bail, but be had no righito assume au thority of any kind, to extort soy answer. lie ought to have known, that when his nation is at peace with all the world, he is A-41rd of his Belligerent right, and that American frigates, coy ristly speaking,sare G (worn mentships, and not ships of war. Com modore Roues, conducting himself as a Belligerent, provoked the first fire, and is responsible for the coosequenees. The Bri tish Coverrment, cowling this act with MADDISON'S marked agprobation, cannot hilts consider as an aggression, and all hopes •ot preserving peace with the present Rule rs of the United are Italie. We pray that our forebodings may be delusi in the bitterness oi soul, we we nothing prospect at prone bet war!" THE KING. It is with deep concern we have to state that the accounts from Windsor of yesterday were of an an favourable complexion. On Monday evening expresses were sent oft from Windsor to the PRINCE REGENT, the Royal Dukes, and to all the QUEEN'S Council, announcing that his MAJESTY'S illnesshAd increased. Dr. BAILLIE and the other Physicians who were not in attendance were also sent for express, and arrived a few hours after. The following Bulletin was published at the Castle in the course of yesterday : WINDSOR CASTLE, JULY 16• " The symptoms of the KING'S disorder, since the late accession of it, have continued to increase, and pis Kavarry has passed a very restless night." (Signed) "H. HALFORD, "W. itaaannats, " SAILLIE, "R. WILLIS." On the arrival of the Bulletin in London, a copy of it was sent to the Loan MAYOR, and it was exhi bited at the Mansion• House. The most lively sensations were excited by the arri val of this 13411etin, but we are happy to hear, that in the course of the afternoon of yesterday, the KING'S fever had considerably abated. Far two days the paroxysm was excessive. The pulse was up to 120, and he took no refreshment, either of sleep or food. The last express from Windsor, yesterday evening, however. brought the account that the pulse had fallen, and that he was more quiet—so that the alarm of immediate danger was for the present removed.— The accounts from Windsor of this morning are equally favourable. WINDSOR-CASTLE, JULY 17. " His MAJESTY has had some sleep daring the night, and his disorder has not increased since yester. day. (Signed) " BAILLIE, HEBERDEN, WILLIS." Two ships have arrived from the French coast un der licence from BONAPARTE, with wines and other produce, according to his commercial stipulations. We find that no further news of importance had trans pired in Pari►. The French garrison at Dantzic is stated as high as 30,000 men, and suspicions are en tertained that this augmentation is owing to same hos tile intentions of NAPOLEON in that neighbourhood. It it believed that the late sudden departure of the King of Sweden for Denmark, was occasioned by an intrigue between the French and Danish Courts. It I is not imagined to be absolutely impo,sible, although it would be a most unexpectedand whimsical alliance, that we should see GUSTAVUS Anot.rous an instru tnent in the hands of NAPOLEON, to overawe his own ereature.Brasianorre. A young man was lately shot in the neighbourhood of Hamburgh, on a charge of holding commercial intercourse with this country. Sever {l other respec table persons have disappeared, and it is imagined that they have been conveyed to the skew Bastilles of France, br have been otherwise disposed of by the Police. Seventten light transports have arrived at Ply mouth from Lisbon, last from Cork, tinier convoy of the Talbot sloop of war and Resolute gun-brig, to take on board the Scl, 3d, and 4th heavy dragoons, and other detachments now at that place and on the road thither. ; Another detachment of the 4th or Royal Matlack goons had arrived at Plymouth on Monday, an the whole were expected yesterday and this day, to em bark for the Peninsula. The' transports are getting ready for them with all possible dispatch. They are a very fine body of men, and most excellently mounted. The 2d Division of the Royal Seminary Local Mi- 1 litia Artillery have arrived at Plymouth, on perma nent duty. The order for the embarkation of six troops of the. 7th regiment of Dragoon Guards, had been counter manded, and in their stead six troops of the .sth Dra goon Guards have received orders to hold themselves in readiness for immediate service in Portugal. The .sth, or Ross-shire militia, quartered at Dal keith and at Eskrnills and Valleyfield, have volun teered their services to Ireland ; an offer which this regiment had made so long ago as 1103, when gnar -1 teted at Aberdeen. PLYMOUTH, JULY is. Admiral Sir ROBERT CALDER, Bart. is going on leave of absence on Wednesday next. Sir EDWARD BULLER, Bart. will assume the chief command, ad interim.—Arrived the CoLosstns, '74 guns,,from the Itochefort station ; the AR►tIDA from a cruize, and sailed again for Portsmouth ; also the HOPE tender from Cotic.—Several more light transports came in this day, and have begun fitting for the reception of troops. PORTSMOUTH, JWLY 16. Arrived the brig Avery, HARRIS, from Ferrol, in thirteen rigs ; also dm London Packet, THORNHILL, from Corunna. Arrived his Majesty's ship AURORA from Plymouth.—Wind westerly. DIAL, JULY 16. Sailed the AILMIDA for off Flushing, and the WHIT ING schooner, with the whole of the outward-bound to Portsmouth.—Wind S. W. ABERDEEN, JULY 13. The brig Ruby, PHILP, of this place, arrived at St. Andrew's, New Brunswick, on the 24th May, and was ready to begin loading on the 27th of the same month. —The ship St. Andrew, *KELLAR, of Aberdeen, arrived at Antigua on the 25th May and expected to be loaded, and ready to join the convoy appointed to sail on the 26th June. APPOINTMENTS.—CaptaIa P. Browne to the Herme, Cap tain Hodgson to the Africalne. Mr. R. Stewart (from the Royal William) to be Master of the Mercury, and Mr. James Jones to be,Gunner of the FAL% RK-LANE.—Today there are but few fresh ar rivals of Wheat, and not much on hand ; waiting further supplies, few sales are effected, and those nearly at last prices—The trade for Barley is nearly in the same state—Malt and White Peas fluctuate but little. Grey rather lower---But few Tick Beans, and again somewhat dearer—The supplies of Oats are likewise short, and this trade rsmains at little variation—flour at late prices. . . AMP' INTZLICZNCI. •••••=••••=. CONsISTORY CoUPT, liocToßS' COMMONS, iuLt 16. DALRTMPLZ, fi. bALRYPerLE. This was a suit at the instance of Mrs. Dalrymple, formerly Miss Gordon, for a restitution of conjugal rights, as the wife, by the law of Scotland, of Cap tain John William Henry Dalrymple, a son of the late General Dalrymple. It appeared that Captain D. accompanying his re giment to Edinburgh, was there first introduced to Miss Gordon ; they conceived a mutual regard for each other, which ended in a matrimonial contract. Family circumstances, however, rendering it neces sary, as he persuaded her, that the knowledge of the marriage should be concealed during the lifetime of his fatAr, Miss Gordon yielded to his injunctions of secrecy, and they accordingly exchanged mutual written promises to this purport : 4 , I do solemnly promise, as soon as it is in my power, to marry you, and never any other person." Upon thefaith of these promises, they conducted themselves towards each other as man and wife, and at a subsequent period exchanged farther acknowledgments of the relation in which they stood to each other, to this purport : " I hereby acknowledge John William Hem y Dalrymple to be my lawful husband ;" and ‘, I hereby acknow ledge Johanna Gordon to be my lawful wife ;" and signed respectively. Upon Capt. D.'s departure with his regiment from Scotland, he ebrained a written pro. mice of secrecy from Miss Gordo*, in which she de clares, "that nothing bat the strongest necessity, a ne cessity which circumstances alone could justify, should ever force her to declare her marriage with him." He continued earnestly his injunctions to her on this head, till almost the very moment of his departure from Eng land ; constantly addressing her by letter from Ports mouth, and even when abroad, and pointing out to her the agency of Sir Rupert George as the channel of their communication. Some time afterwards the correspondence was discontinued on his part, and Mies Gordon in consequence wrote to his father to ascertain his address. Upon being apprised of this, he directed a confidential friend, Mr. Hawkins, of Brighton, to intercept her letters to his father ; but this Gentleman finding considerable difficulty in such a service, wrote to her himself to discontinue the cor respondence ; and General Dalrymple dying about this time, Miss Gordon considering herself released from her promise of secrecy, immediately made a frank avowal to Mr. Hawkins of the nature of her si tuation with Captain Dalrymple. He shortly after wards returned very unexpectedly from Malta ; and in a conversation with Mr. Hawkins, hinted at his determination of abandoning his coanectionwith Miss Gordon. This Gentleman used every argument to dissuade him from such a purpose, and, as he had rea son from his conduct to think, with success; but in a a day or two afterwards, he was surprised to hear of Captain D.'s marriage with Miss Manners a sister of the Duchess of St. Alban's. This coming to the knowledge of Miss Gordon, she, in justice to her own rights, commenced the present suit. The validity of a marriage of this description, ac cording to the law of Scotland, being the principal question in the case, the opinions and exposition of that leaf, by its most eminent professors of the pre sent day, formed the principal part of the evidence,' accompanied by the production of many of the letters that passed in the course of the transaction. Avery learned and ingenious argument took place upon this subject. The Counsel for Miss Gordon contended, that from this evidence, it appeared the Scotch law recognized three modes of marriage as' binding upon the parties—the first was, a consentl per verbs die pre:tali, by which the parties assume the marriage contract between them from that moment; the second was, a promise to solemnize matrimony 1 at a future period, and an intercourse between the parties upon the faith of that promise; and the third was by public acknowledgments of being man and wife, letters in the conjugal stile, &c. from which the actual existence of the marriage contract was by law presumed. The Learned Advocates, from a review of all the circumstances of the case, then proceeded to contend that the marriage in question clearly came within all the three modes specified, and the Court was therefore boundto give operation to it. This construction of the law was denied by the Counsel on the other side, who, from their comments upon the evidence, contended, that it would warrant no other construction than that of an obligation upon Captain Dalrymple to perform the nuptial engage ment at a future period, but upon a condition of se crecy; that that condition not having been complied with, he was released.- Sir Wita-tax SCOTT, in a learned and elaborate, yet perspicuous speech, recapitulated the evidence, and delivered the judgment of the Court. He ob served, that the question must be decided by the law of England, though by reference to that of Scotland; for it was a proposition beyond the reach of argument upon any principle of law in civilized states, that it the first marriage was legally good, the second was legally bad. According to the judgment of the emi nent men examined, Mr. Dalrytnple was sufficiently a domicile resident, and of sufficient age to contract matrimony in Scotland, though a minor by the laws of England ; for the same law that gives him that power supposesa sufficient discretion in its exercise. By the Scots law, too, comenzio non concubitus fcuit mairimo niunt, and that without the intervention of a priest ; it was a civil contract, and consent was the very essence of a contract, and was, t h erefore, equally so in this, to which Heavest was a witnesi. This, too, was conformable to the ancient canon law derived from the theological principles of the religion of Eu rope, and till the Council of Trent the consent of two parties was deemed a sufficient marriage; afterwards three sorts of marriage only were allowed regular, which were complete both in civil and religious re quisites; irregular which were only civil contracts, and wanted the religious ceremony ; and promises of marriage at a future period, followed by conjugal rights. The statute of the 6th of George 111. how ever, swept away all three doctrines in England. The Court would not itself trace the progress of the Scotch law farther than that it was derived from the Roman Canon law, but for that purpose must look to Scotch authorities. The Learned Judge then took a view of the opinions of the Scotch Professors, from which he inferred that as most of them agreed in points con formable to the old Canon Law, that that law must be the basis of the Scotch Law, and consent, therefore, was the real marriage of Scotland. He then referred to the text authorities, end thence to the decisions of rS • the Scotch Coates confirmatory of thlt doctrine a and, applying that to the circumstances of the present case, was clearly of opinion that the marriage was a valid one, and that the Lady had used no unnecessary de lay in claiming her remedy. He pronounced, there fore, that her claim to conjugal rights was a just One, and that Mr,. Dalrymple was bitted to receive and treat her accordingly. COURT OF SESSION, EDINBURGH, JULY . it. sin FRANCIS 111011HICTT V. SCOTT. • Yesterday came on before Lord Meadow hank, so Ordinary, in the Outer-House, a case in which Sir Francis Burdett, Bart. is plaintiff, and Mr. Scott, a Barrister at Law, and at present residing in Scotland, defendant. Mr. JEFFREY, as Counsel for Sir Francis, stated this to be an action, brought at the instance of his client, against the defendint, for recoeery of £5OOO, contained in a bond which he produced on the bar. A defence had been put in this action, stating, that some years ago, Sir 'Francis Burdett had, in conse quence of a connection with a certain Lady, granted a bond for £20,000 to the defendant, to be at his dis posal, if a circumstance should arise out of the connec tion between Sir Francis and the lidy ; that this bond had been lodged or sequestered in the hands of a re• spectableGentleman,and the defendant had drawn the sum of £5OOO as in part of the arnaunt ; that some time afterwards, Sir Francis becoming uneasy about his bond for such a large sum l ; ang oval-, had made application to *the defendant, who delivered up the bond, and departed from.the balance of 815,000, and had also granted the bond now sued for, for the £5OOO he had already drawn ; that on this bond being granted, the understanding was, that it should be put into the hands of a Mr. Warren, a mutual friend ; and if on the expiry of five years the child . was alive it should be delivered up to the defendant ; but if at the expiry of that time the child should be dead it should be delivered up to Sir Francis ; that the bond was accordingly delivered to Mr. Warren, and that that Gentleman had betrayed the trust re. posed in him, by delivering the bond to Sir Francis, who now wished to follow it up with execution.— 'fhis was the nature of the defence stated to this action, and which the Learned Counsel for the plain tiff said was a false and unfounded fabrication from beginning to end. His client, Sir Francis, denied the statement in too, and never had, since his mar riage, any such connections as that alluded to. Here the Lord Ordinary interrupted Mr. Jeffery, by saying, that if the statement given in the detente was true + tie bond in this case was, by the law of Scotland. an undelivered document, upon which so action could follow. This Mr.Vsrarren had betrayed the trust, in delivering up the bond in question to Sir F. Burdett before the expiry of the five years, and without the consent of the other party. His Lord. ship was therefore of opinion, that, before proceeding further, it would be proper to examine this Mr. War. ren upon oath, as to the nature of the transaction, and as to the way and manner the bond in question had come into and gone out of his possession. His Lord ship was about to pronounce an interlocutor accord. ingly, when Mr. Scott, the defendant, rose from the Bar, and state)!, that his Counsel, Mr. Clerk, upon whom he chiefly depended to state the case to his Lordship, had I been called away ; he hoped, however, that his Lord !ship, if be was inclined to order an examination of Mr a Warren, would allow him (the defendant) to ex amine other witnesses, to prove the nature of the trust which had been created in his person. That several respectable gentlemen were in readiness to come to Scotland, to bear evidence ; and, in particular, that I e (the defendant) w'shed to examine Mr. Bellenden lier, to whom Sir Francis had confessed the whole particulars of this business ; that he moreover held in his possession written evidence, under Sir Francis's own hand, which he wished to lay before the Court. The Lord Ordinary having expressed his williag ness to continue acting until all the Counsel on ir sides should be disengaged, Mr. Clerk was afterw a do heard at considerable length for the defendants an -t his Lordship appointed the defendant to put iatisCaturt a special condescendence of the facts lie avarre I an.l offered to prove in support of his defence, and the way and manner in which he offered to prove teem. The Boxing Match between Powers and King took place yesterday at Moulsey Hurst, for 50 guineas, and a liberal subscription purse. At twelve o'clock the combatants set to—their seconds were Padding ton Jones and J. Clarke for Powers, and Richmond and R. Ball for King. Betting was 9t04 on P..wers. Round 1. King made an attempt to hit in forge with the righS hand, which was stopped, and hits of one two, left and rigid. were planted on his head and body, which prAuced blood, aeJ knock down, but Powers received a bit between the billy,. 2. King again made play, and planted a good right handed blow on his adversary's throat, which hit hies away, sod a blue with the left baud fell short. Powers by quickness was is with his antagonist, and hit him a good left-banded facer, with va'Acb ke went down on being quickly followed to an irregular dust. 3. A sharp rally, in which several blows were eachanged, after Powers, by science, planted one with his left band, which was returned by King with the right hand. The round displayed the courage of King, who gave and took until a close floored both— I to 1 on Powers. 4. Powers bit his antagonist left and right agate, but be ris *rived the force of a well-directed blow in the throat, in relprn for the left-handed kit, but was thrown in closing.—liettitig ace points more in favour of King than at setting-to. S. King planted a left-h.xtded hit' something out of 1(40, which he followed quickly with the right, which Powers avoideci by science, asd in closing, Powers gave hint a scientific cress buttock. IL A handsome rallying round, commencing by each making play, King with his right hand, and Powers with the left at tlei same instant; but King's blow told on the bead of his Imago. nift, by having length on hint. Several good blows, width tr.ed the bottom of each, were exchanged, and the round altogether was in favour of King, whose courage became at this time un doubted : blows of force were exchanged ; and King was at length thrown a crow-Hittock ; but his adversary, in his ever don, threw hint with too great eagerness, and received a hurt io the right shoulder against a ring-stake, which was a formidable grievance to hint during the contest. 7. Powers had received some good straight right-handed blows of his adversary, and changed his mode of fighting in this round. which was by stopping the punishing rtgl.t hand of his adversary, and getting away to hit, and in this he succeeded. S. Powers hit his adversary :blow of force, at length well juidg. ed, on the mouth, and he got away and repeateu the satitt,atog Ore a specimen of science by repeating his blows, and &yoking his adversary's, until King was knocked down against the ropes, bleeding very muck. After 46 rounds had been fought in 57 minutes, King had no chance of winning, and the Gentleman who backed him, urged him to resign, wise!) he w.,s yet anxious for a continuance of the combat in opts°. sition to his strength and fee;ing. He I.as fixed him self high on the list, and Powers has :hewn him asa , a 11-stuns man equal to any of the day. ____ ,_ n _