Star. — London, England, 1817-12-03 00:00:00

EATII.DECEMBERI. This morning the weather was very gloomy, and 1:4. 1 ever y appearance of raja; nevertheless, so early i c ht n 9 cla,,k, the company began to assemble at tAr IP„ m p R. m, having been generally under goo.• that the QUEEN would no longer object to their remaining in her presence. Numerous parties of t o jirs erre seen making application for admittance t he m oment the outer doors were opened. They were •wever, informed by the Renter, at the inner door, that they could not be indiscriminately ad mined, until the arrival of the Masters of the Cure -o:inies, who were expected every minute. Accord ingly Captain Wvne and Mr. Maio:mut, arrived ,! lot ily afterwards , when all persons of respect a bl e appearance were freely admitted and arranged by Gentlemen. with much care and politeness, in :he recesses it e.ich end of the room, in which situa :ion they patiently awaited the arrival of the illustri ous visit. rs. • At nine o'clock. the Duke of CLARENCE entered nom, alone, his Royal Highness having walked from his house in Sydney-place, no:withstanding it now rained heavily. His Royal Highness was met by the Masters of the Ceremonies, the Hon. Miss ;t o mato:, Captain and the Hon. Mts. PAULETT, WO Dr. Gums. with w:sorri he remained conversing e vil the arrival et tier Royal Highness the Princess Estzaturni, who, attended by Lady kat WILK. had I,ft Sydney-place in a close carriage, and, alighting at t he Colones)", had entered the Pump-room at the sue Jeer. The Pusan', the picture of health and spir al, moved most courteously to the surrounding company, and made known, that her Royal Mother Iris coming to the Pump Room in her chair. In cosequence, the folding doors in front of the build intr were now thrown open to admit her, and the company, tans cerentersis, rushed simultaneously into t h e middle of the room, and forming themselves in a doable rank, left merely a narrow passage front the doors to the Pump. In a few minutes, the rjeken mired, preceded by sis footmen in state cloaks and caps. who formed on each side the door, while her blAnair. in a most superb chair, patted into the centre of the ruom, where she was instantly surrounded by the company, and was handed through their stall closing ranks t o her seat, by their Royal Highnesses the Princess Lt.i nuns, and the Duke of Ciosassna. Whilst the Qum remained, she conversed occasionally with the Hen. Mrs. STRANGS, with whose daughters s he a p. pared particularly pleased, repeatedly taking the hails of the children in her own, and drawing them tetrads her. The Hui,. Mies Et:omen:it also, and Dr. Glens were hollowed by her Maaest I's con renalion. After she had taken the water, the Royal piny returned in the same order in which airy came ; her MAJESTY'S Chair passing along the Abbey Church yard, ,nd through Leonard's-passage into High -street, and tlnnce along Pultenej-bridge to her residence. TN.. Duke of CLARENCE left the room, arm in oil Mr. Kiwis, the Mayor, who led his Royai lit.Sli into the Ton n Hall, and be had the ho : she wing him the noble Assembly Room in building, and the different Public Offices ; a ter his Royal Highness walked back to his own to breakfast. The rain has continued incessantly the whole day, Ti of the Royal Family have left the house retuan irom the Pump-rooms Daniv.l.aus TuzaTis---The Harry Atom was 'tam i at thus Theatre last night. - 1 he out fit the , Aroma was sustained, fur th, first time, ..y Mr. iotltisToN, arid it at .y be ratikes AS .s.;e ta happiest of his performances. It was Ilk, all die d : 01 this Gent! , man, wholly free from ..11) taint imitation ; in whatever he excelled the excellence pectifiarls his • wit. In the dignity and grace of 'mind aspearasice an demeanour, he presented anh as semi) a representative as we have ever of the lordly and accomplished Aranza a deal il energy was mixed with much kindness i manner towards his wife, while be represented r the humble state of his fortunes; and in the he seemed to enjoy as much as she the lid dest;nies which he had concealed so long her view. Jaques, by HARM ; Roland. by ; Joanna. by Mrs. asylum ; and Pislante, by .sur, were all sustained in such a manner as us to pronounce upon the general perforrn of the evening, a very decided and favourable The house was well attended. .'•GARDIN THEATIM—Last night afforded infix,' proof of the great degree of favour which BRAHMA is regarded by the public, when play of Gay Manner*, with ao other novel fira. than his performance of Henry Bertram, drew d the most crowded audiences of the season. singer, who has been for near tvreoty years the ornament of his profession, gave yesterday. ig a new cast to the general character of his . All the evolutions of the art, those displays epid execution which used to dazile and astonish were entirely laid aside. Of all the songs whieb assigned to the part, not one contained the test ornament; and two of the number, u Be dear Mary," and " Say if in Court or City, sweet content do dwell," were sung entirely ',partied by the orchestra, and N ave ns, what do not recollect to have heard before, the delight effect of his unassisted voice, which completely the Theatre. The most striking however, of ...s, the noble ballad of. "Scots wha ba'e wi' Vial. bled." This was given in a high strain of martial , ng ; assuming, as the subject requires, an occa. . deep tinge of melancholy ; then again borne iy and animate l d by the full ardour of patriotism. e have never heard any thing of the kind more um. ftsive ; and such was the sentiment caused by it in audience, that not contented with one, they called a second encore. We are happy to record, both the sake of the singer and his hearers; this instance success; but we would by no means have bins lay e his florid manner altogether : there are occa. when it may be used with the greatest propriety; an is to select them. The admirers of Miss mess had also ample cause for gratification : she e us some beautiful instances of the cola vote, or . which hushed the audience, and shunded " Silver sweet, as lovers' mussel by night." Piece was admirably performed throughout. t:,e amusing Entertainment of Kan: no Mrs , Mr. DIMING sustained the..character of Again ' tolerable success. an ith Mr int at ►he% buildiy.g hi. Iti idence to I The rain l d no part 'ate tlietr re Danay-1., ham I at ► s i t Aroma tUEY JOHN happiest ys of thi initiation preulie perforisl with as ,of the r deal i 4 his mantle h• r the hi er scenes endid der .m her •i LILY ; Jr ►s KELLY bre, us ti r of the ioiuo. Ti CUVENT•C anequivo th which 1 play of e than hi of the is singer, at ornah ing a I mit. All rapid eze Were rill re assign , 3htest nrr rue dear I t, sweet ccompar do not ri effect of the T w.,s, the I bled." ' ling ; ass al deep ±4W INTEL LircEnt. COURT OP CHANCERY, DECEMBER it. Considerable disappointment was excited this morn jug in consequence of the Lotto CHANCeLLOR not sitting in Lincoln's Inn Hall, as his Lordship pro. mised to do last Friday. Much curiosity was excited in expectation of his Lordship's decisions in the case of Williams v. Isted and the Commissioners of the Land Tax ; and also respecting the bankrupt case of Richmond, which we reported on Saturday. There were a considerable number of Solicitors present, with their clients, who seemed to feel •ery much the disappointment. Many remained for a very long period, scarcely crediting the message which had come down respecting his Lordship not sitting. ADMIRALTY COURT, DECEMBER 1. SEIZURE OF A FRENCH VESSEL OFF MARTINIQUE LADEN WITH SLAVES, IN CONTRAVENTIoN Of THE TREATY OF EUROPEAN SOVEREIGNS FOE Tax ABOLITION OP THAT TRADE. This important question upon the natural rights and liberties of man, came on to be argued in an Appeal Irons sentence of condemnation passed by the Judge of the Admiralty Court of Sierra Leone, whereby the vessel. containing SOO slaves, was con fiscated to our Government, with one-half to the slaves on board, whose liberation, besides, took place finder the 17th of Gen. 111. On a former day the King's Advocate had been heard in support of the condemnation. Dr. DODSON was heard this day in answer. He laid much stress on the principle, which is founded on the law of nations, with respect to the ships of one nation being subject to be visited or searched by those of another upon the high seas in time of peace. The only authority which could be legally set up was an authority from the Governors of Colleges, and their authority must be derived under an Act of Paella. spent. Here the parties resisted the search, and much blood was shed on both sides. The Act of the 47th Gco. 111. could only apply to British subjects carrying on the Slave Trade, and could not apply to the commission of this offence in any other nation upon which the rig ht of search could be maintained. and much less o f condemnation.. It the right of search existed in British cruisers towards neutral ves sels, the same right existed in other nations to visit and search British ships. What was the foundation of this right ? Only to see if there were contraband goods on board. The empire of the seas was said to be in the British nation ; but this was erroneous.— The Ott was the property of 'all nations; and they had a right to navigate without any molestation whatsoever. Then, with respect to•resistance on the part of this vessel, that resistance was justified by self-de fence. Numerous authentic: were cited upuu this subject. Where 'he right of search between na tions commenced was between the English East India Company and the Portuguese and Dutch in the East Indies Lbut then they were looked upon to br at' war. Vattel, book page 130, says, the English Company sere for excluding all other nations. In the ye..r 1580 (Camden's Elizabeth), a war broke out with Spain, because the Spaniards claimed the right of search towards British ships in the Bay of Honduras; which was strenuously resisted, not only by the Ministers and by thc- . Throne, but by the na tion at large; and it was expressly stipulated in,con vention between us and iipain, as the condition of peace, to make good the loss sustained by Biiiish subjects; and in which it was deterrnintd that Spain had no tight, or any other nation (as contended by this country), towards neutrals, to•iiialte this visita non or search in tilt time of peace. Another seizure, in which that &alone was maintained, was in Nootka Sound, in solicit t e Spanish Government al;reed to make restitu.ion. A like tight was claimed by Swe den to be exenipt tii.m s.-arch, but was refused by Great Britain. niter authorities were so far in op position. The next autiawity cited by the Learned Advocate was the Coiresiiiindence between Lord Castlereagh, die Duke of Wellington, and Louis XVIII. by which it appeased that Monarch refused to abolish the Sim Trade rill live years atterwitids. Bonaparte, immediately after this returning from Elba, tamed liikDecret abolishing it from the Fienchl Colonies, and for ever after *that date ; but Louis being restored after the battle of Waterloo, declared this Edict of the Usurper as null and void. Louis, however, afterwards consented to the entire abolition for ever, from and after the issuing of that Edict.— Then this Edict was not effective, as related to this vessel, until the French •abolitioa of Slave Trade bad reached Martini:lns ; for no law was made to apply 41 rpm:fade to the offences it meant to punish. The Learned Advocate contended, under various other authorities and precedents eked with analogy to the law of nations, that the Court below bad acted with out jurisdiction, and therefore prayed in behalf of the captured, that this sentence of condemnation should be set aside with costs, and the property restored. Sir ClintiliTOPHlA Kostums. (King's Advocate) replied to Drs. Dodson and Lushington. He knew of no property in the captired legally constituted which the Court could Wedge to restore, much less to award costs of condemnationnSagaiust the captors. If there were no legal property in these slaves, the owners or crew of the captured vessel could not come into a Court of Justice with their hands stained with oppression and with blood, .and demand those rights which they bad violated. His Friend (Dr. Dodson) had argued upon general principles with analOgy to the law of nations, which had no application to the present case. 'The mere purpose for which this vessel set out on her voyage, by the implements of slavery found on board, was sotticient to •warrant her con demnation. The Court had threncourses—it might either not chum to interfere with the transaction, .on the score of illegality in the trade; it might atiiim the condemnation and jurisdiction of the Court below; or, upon the merits of it, might say there was no legal, property in the vessel which the Court was called ' upon to restore, and that the captors had acted is conformity to the law of nations as at present esta blished for the 'Mal abolition of this traffic, upon the principles of natural justice and humanity, and upon the broad basis of morality ; it was the duty of ah and every nation to . put a awl) to such au inhuman And unjust practice—the same as every one, upon the principle of our municipal laws, would nut only be justified, but is strictly commanded W arrest era annals, and to assist in the appsehend.ng and scent ing of persons in the act of conimitting assaults or, , other crimes.—De. Atiasta was heard ea the sane vie. Sii ttLAM Sc air ippoiatid . kb ere mint In as early star. _ kous °met, ?Summit& 11 • • CLIAVER v. TOLL Sir &mutt. RolgiLLY stated, that ifiis wis.a bdl filed for the *prise of conqielling the defendant Ikk make *specific pertbrannee of an agreement which had been specially eilttlied lOW with Jacob Favii4ll, under the following circumstance. i=rdhn AtiTittus. Tulk was tenant fur life of some property in Bear s:reet, parish of St: Martins, Welansinater, and agreed in December, 1844, to grant a least of a house there to Jacob Furnell, at the stipulated rent ot IZSg, and he further agreed on the 19th of that month to renew tile said lease for a further term of years, in case Furnell made application for him to do se, Fatten agreeing to expend IMO on the house within ttie first three years of his lease. The plaintiff, Mr: Cleaver. agreed to give Furnell the sum of AIM fit his right to the lease, which Furnell accepted, but deed before he could execute the necessary assignment. After his death, his executors thought the Offer so go )d hat they accepted it, anJ thereby Furn Al's property in the lease was transferred regularly to the plaintiff. Meanwhile John Augustus Talk transferred- claims to the property to Charles Talk, to whom the plaintiff applied, for a renewal of the lease, accord. ing to the original agreement, but was told that it could wit be done, for at the drawing up ot that agreement the intention of the parties was that no renewal should take place, unless at tie personal in. stance of Jacob Furnell. Tne present question there fore arose respecting the true and legal construction of the deed drawn up on the 19th ot 'December :but surely his honour would see, that though the As signees were not n +used, still they were bound to see the covenant fulfilled in every part. It A. entered into an agreement with B. on certain stipulations, surely the tultilment of these stipulations was binding on the representatives of buth. This had been deci ded by the Lord Cnancellor Macclesfield, in the case of Hyde v. Skinner, where a similar dispu.e arose about the renewal iit a lease,. and his Lordship had decided that the executors were implicated in what the origin par, had done, and though not specifi c oily named, were bound by what - he agreed to. It cent sinly was in every view reasonable that this should be the Cihe, and he had therefcre no doubt- but his Honour would grant the application. Mr. Waity followed on the same side, and men tioned a case in the Court of Common Picas, Haynes v. Hare, reported in Ist vul. of Henry Blackstone's Reports, in which case he considered the opinion 01 the Court decisive. Mr. DeLL, on the other hand, argued, that it never was the intention of the lessor to give any poser re. specting the renewal of the lease, except to Furnell himself, and the lease had been prepared at the ex pense of rumen, and with the assistance of hie Soli citor. Suppose the ,parties had gone to law-for a bleach of the covenant, it unquestionably remained with toe other side to prove that they had acted' by orders of F melt, for surely his Assignee could not stand $t his situation. The case cited by Sir S. Ito molly, viz. Hyde r. Skinner, had no bearing here, as in that case the Ex7cliturs claimed the renewal of a•lease, while here it was claimed only by the As signee. Fuxnell was to expend £3OO on the prerni sea before any renewal the lease, and by assign ing away the property, be certainly gave up his.so, itehant, fur the lessor had no poster over the As signee. Tne case of Raussbottom and Goiden, in 1 Vesey, 97, was decisive against the present claim. The Solicitor appointed by the present parties had expressly stated, that if the construction of the agree. men' war such as was now contended fur, the agree ment had been so drawn up by mistaioe. Sir S. ROWLEY objected to such evidence being received, as et had never been doer in any former ease. The MASTER of the Rotas said, it might be read w ithout 'prejudice. Mr. WILSON followed ; Mr. BELL and Sir S. Ro- SULLY The blarrta of the RoLLs—This case merits con sidtiable attention, on account of the nature of the deed. I resetve my judgment till Tnursday morn ing, but shall give it then. COUR r OF KING'S BFNCH, DECEMBER .2. PARKER O. CHANDOS LEIf, Q. This was an action of assunipsit by the indorsee of a bill of exchange at three months date, from the 17th of January, 1317. for £3OO, drawn by a Major Williams, and accepted by the defendant. Ti., hand writing of the acceptor and drawer was i regularly proved. the plaintiff going to the Jury upon, his printafacie case. Mt. Daxteers appeared for the Defendant, and stated, that is client was a very improvident young maw, • libelee', the plaintiff, a pawnbroker, was enu tied from his age, as well as his pursuit in life, to the reputation of being a very provident man. He cer tainly Could not deny his client's band-writing, but he Vats prepared to slim that the plaintiff was nu.t entitled to recover upon this bill of exchange, because, in fact, the defendant was4elieved from his liability, in consequence of the plaintiff having taken two other species..uf security for rhe.amount of the sum cloned—namely, a warrant of attorney from the delindent fur the debt, and the guaranty of the drawer and an Irish Baronet. The Learned Counsel accordingly called evidence in support of this case, but it appeared that although the plaintiff had taken the security mentioned, yet he expressed his doubt at the time ot its efficacy. He had admitted, however, that the whole sum due up on the bill of eschange,was only slll6O, and therefore. the question was, whether, after this ad mission, he was entitled to go for the whole sum mentioned in the deenvation? Lord ELLSNBUOVOII WAS of opinion that he was not entitled to the whole demand i aad therefore the Jury found a verdict for the plaintiff for Jet 50. COURT OF COMMON PLEAS. DEC. a. TACZY V. SIR HUNRY WILSON. The plaintiff, who keeps the .King's Head public. hose in St. Paul's Churchlard, brought his action against Sir Hemy Wilson, to recover J 67. 7s. ffd. for meat and drink supplied to several persons who had votesfor the Bortugh of Barnstaple. It occurred to de fendant that a vacancy_n►ight happen . in the repre sentation ..f the Borough of IA and that a new Member might be elected in' lieu of Sir Eyre Conte. It was consequ.n.ly his intention to stand a contest fur the said bonie, and be. authorised a person named Stanbary, to act as his agent, and do all that was moray to advance his ►nterest, Etan; • Cu . *. 'tin cr.= y, se ted plafna's .te; aaj a prop puce thafteeptiod of Potters.. On the '3d Of January a kipper was gieen at theitliintit's house, td seirenti . ee eighty pelsons. and ST Heatt Wilson was the Pielident. The bill attiotiniillg ,1830;svit imesediatily discharged. Mt. State, went '9 l lralt.iriding • the miters . wifft refreshmen... WWI the dellsand accturid• which this Wien was A1,411t td Mr. berjeane past described nts. etieivt; Sir hones Wilson, to be a man oillarge property, hut he .sdded j if is hit fottur.c. was equal to the National D •bi; and he_yeAre.to leave the Barnstaple voters; who fra. • quested the plaintiff's house, to drink at his expenslti they would swallow it •ali. They ought to be called voters of the B:)roUgh oflieszk down. ' Il *4 true; he said, th.it Sir Henry W1..91111 intended to Hier himself as a candidate t. r tic borough of Barnstaple; but he was desirous bt c itnalg'in by the as,istance of respectable persons, and no by men who did no thing without hard drinking. Folding no bottom to the throats of the men wig, met at Stacey'; house; hi was obliged to put an end to it. He therefore suit Captain Clarke, an officer in the navy, to auroras the plaintiff that he revoked the order given, lot sup. plying the voters with meat and :;rink, and that be would pay for no more in future. Captain Clarke being called, stated that he called on Stacey, and told him Sir Henry Wilson *Mal/ not be answerable for :My More refreshments he might afford to voters. He did this at the desire 01 8:r H, Wilson. long before the plaintiff supplied the articles which constituted his demand..;—The Jury, under all the circumstances, friend a verdict tor the defendant: • MIDDLESEX SESSIONS, DEG S. LONG v. comes. The defendant, Ram Geerim, late si dealer in oil; residing at the west end of the town, was put to the bar, on an indictment charging him with frauslui 'lently obtaining a check for ASO, from Mr. John Long,. the proprietor of Long's Hotel, Bond -street, under the followinp, circumstances:—ln the month of Jane, 1816, the prisoner called upon the prose* tutor, and informed him that hit, (the prosecutor's) nephew was arrested and confined iu a lock-up house; in Carey -street, Lincoln's Inn Fields, and that he had requested him to rail and. inform the prosecutor of it ; at the same time observing; he could obtain his d;scharge for £5O. The prosecutor accordingly . gave him a check for that sons on his banker. In about two hours after the prisoner returned, and said the ,ti O v:ottid not be enough, and that be must have a hundred. The prosecutor accordingly wrote ano ther check for that turn. anctrequested.to be put in poisession of the previous cheek for £5O, but was informea by the. pritpner that he had torn. it to pieces, and thrown. it away. From circumstances that trans pired, theprosecutur obtained possession of the check tot 8100, but was assured in the most positive man-. ner,that the first check had been destroyed. The prisoner afterwards took the benefit ot.the Insolvent Debtr,r's Act, and.was opposed by the tiephew on account of some transactions between (tient, but dis charged. On the day .t. elvemonth alter the bill was drawl:, it was presented to the haulm', and cash re ceived fur it. A veatzant was ininhdiately issued; and the defendant taken into custody. *ton he as' knowledged having got the money for Inc bolt Mr. Ault', on the part of the prisoiser, took act objection to the indictment, on the ground, that the cheek not having been paid to a third person, was of no more value than a blank piece of paper, but thi Court over-ruled at. Messrs. John and Joseph Long were then called; who proved the facts above stated; the latter Gen. Urinals declaring that he bad never authorised the priso •er to apply to his uncle in his behalf, nor had he, the prisoner, b.:en in any manner accessary to his discharge. Mr. Au.t.v, at great length, cross-examined the witnessiss ' and addicssed the July in the ptiton t r's . behalf. He called two persons to give him a cha racter, one of whom had known him two years and • a half, and consideted him to have been a strictly honest chat acter.—The July, after consulting a Levi minutes, worried a verdict of—Guilty. Mr. 1V Arsos, the Chairman, atter taking the opi nion of the Bench, addressed the prisoner as iullqlss: Yuri, Robert Cousins; have been indicted fur a fraud, and by. I am sure, as attentive a Jury as ever sat in that box, who have found* their duty tp• re turn a verdict of guilty against yOu.• It is there6re • the imperative duty of this: Cuutt, on behalf *him public, however pamiutit Mat be, Irons the variety of the circumstances developed, and the great ileiett with winch you have acted, yorilave harUeueed is your mind for a twelvemonth thilirithe bf which you have been convicted, to pass an exemplary tencence on you. The sentence.of the Ctunttherefdre on is, that you be transported beyond the. seas for the term of seven years." Monday evening ,a numerous .aod respettab!O company met at the house of Mr. ICIAK. White Swan, Little.S% Andrew'i-street, Seven Dials, to celebrate St. Andrew's Day; after drinking to the pious me.; mory of the titular Saint, several national and con stitutional toasts were given, aad the evening was spent with great convivralhy and haiinonj, • St..Andr.w's Day was, as usuiel, celebrated by a °macrons and. respectable putt in-Mr. Castanets's, the Thistle and Crown, •Cliatisloststriet, on Monday The dinner was good; -many appropriate toasts and sentiments were given ; several' excellent- Scads and Englilh ; songs :nog; and - the•ahrriSon% Vett With that.convoiality and hilarity which geatuilly 6rt!ail among,Caledottians on shaoalay.••.... Friday ntorning, as Mr.-Customs, of *Bot.l-itnEet, was driving past Chatincamiss ib a oachosse•Chaise, accompanied, by his servant,: ltrs 'Vehicle was drivel; violently against by x . Mail cart, which was proceed ing along theatrect at A. furious rate The: shoct"was violent, that the .chalso of Mr. C. wasvonipletely • on its side, anjl ?4r. C. and his maopreciphiss. eJ into the,inad. Mr. Q. was conveyed home in a s ate 9: jasensibility,_ and the. servant, whose thigh'is b. oke in two places, was carried. to an Hospital. Cora LZCHANGP, MANN. LAN Dec. S.—There w.:s but little tine wheat at market this Morning; f‘r which there was ready sale at rather better prizes. Char. on Monday. Fine heir) , is also ls. per quarter Dearer ; In t of that description there is but little on. ha .d ; but the interior quality are very heavy sale. lu bears, peas, 4nd oats, there is no alteration is pricts, but I.4 . C..WCFC more readily cgcotcd 'on • Mood I. IP I