The National Register. — London, England, 1818-06-28 00:00:00

:2 06 SOUTH AM ERIC:4,- SHE 11.;FREME PHICCTOIt OF CHILI TO THE SPANISH LIBEII %LES. VcitNcs,—Yon have sealed evithyourhiood the sentimet.ls of ' , Mir 1.01;6 --1,1'.0 have, proved by your CIC , %Ike, that you arc ~ill superior :o the sti.te which 6.'1(4. has a.signed you— you who, following the diet:ties ot nature, have employed all your energies v.: obtain u coostittitiou by et hielt yoit would run be el graded —yon merit the title by whirl. I address yon, and all the i+onoarable privileges se !Itch it includes. Come, reposing on die confidence of e sincere friendship, to share. with 116 the bettifits and advantages of out• situation. You are united to us by the identity of our relig' and similarity of manners, by ties of hi I, and conformity of ideas. What right do you not possess to enjoy as brothers this heritage adjudged by nature to us; hut wind is, in despite of her, seis ed by the Bourbons as their patrimony? When the account of our strength and of our resources is the precursor of our invitation, yon cannot, without insulting our generosity, attri bute it to out weakness. Alt! how painfnl would be to us, our justification to the world at your expense! NATivEs or LlMA—Among us every shade of difference disappears ; our cause is common ; hastrm to defend it, in order that in the great hook of nations it may not be seen, to the disgrace of this enlightened age, and of your illustrious city, that you supported by tvery sacrifice in your power the • tottering thront of delopoti3so. Dictatorial l'a!ace, Feb. T. BILSNARDO O'HIGGINS, MIGUEL ZANARTII. Ministers of State. VEIN EZUELA. 'PAOCLAMAtION ADDRE&WI► TO THE INTIADITANTS 011 TILE FROVIIME OF C.'.IVACCAS. CAR MILE/it/1 MS The victory er Cala bozo has reduced Mo rino, the chief of your oppressors, to the miserable situation of surrendering or perishing. Straitened Oil every side, his stuxiliary corps cot off, Ills commnnications interrepted, in short, sus rounded in the midst' of Veneetirlii, little now re_ mains G,t your lib, tutors to do, miles?' it is to sweep from your country the remnant of the Go and Spanish Army, from rho imi.l.l of the Garonne, had a second time come over to esti r ' to the inhabitants of South America. CsaActuesimss—The government of the Republic again shines by the splendour of its arms, which have conquered so rrnmy thousands of tyrants. Liberty, equality, and indepen dence are the fruits of our constancy, our valour, and our blood. The dominion of the monsters is at an end ;it is suc ceeded by that of republican glory. CARAQUENIANS- You are again n:ride free, under tile :tn• spices of an army of heroes, who, insensible to all kinds of prisations, , exolt in death when the honout of their country, or the salvation of its children, are concerned. Confide, there. fore, in your benefactors, and inquire to rectire them within your illosttious cspital. BouvA R. (Signed) Head quarters, Rutro, Feb. 14,11314. PROCLAMATION ABOHEsSED TO THE INHABITANTS or THE PEA I NA. Your country Is already freed from tyrants. From the centre of New Grenada to Matnrin and the months of the Oroonoko, the republican arms have glorioudy. triumphed over the Spaniares. The armies of Bribes and Morillo, late so numerous and so Ireastio.g, have Leen stretched on those melds we have col:serrated to liberty. The cities of Gala bozo and San Fernand.) have entered nosier the protection of the republic; and the remnant of Morillo's forces, beaten on the 12th and kith inst. fly to take refuge w.thin the walls of Puerto Cavell(); but in vain ; thenee we will east them into the sea.—An army of freemen, brave and conquering, is iree• sistilvie. Victory is before you, and Venezuela will shurtly see her cruel oppressors either surrender or perish. INHABITA ATS 011116 PLkltiS!—You are invincible ; your horses, your lances, and your deserts al themselves wonlil free you from tyranny. You shall be independent, in spite of the empire of Spain. The government of the repnblic secures to yon vonr rights, properties amid lives. Flock to the banners of Venezuela, late your insulted, but naw youir victorious, country. The • campaign being ended by the taking of the capital. you will again enter on the enjoyment of repose, industry, and also possess the felicity of being free and honourable men. Of these benefits your tyrants sought to deprive yon. Bless, therefore, that Providence which has procured for yon a go vernment the most conformable to the happiness of the human rare. (Signed) BOLIVAR. Head quarters, Sombrero, Feb. 17,1818. From the LONDON GAZETTE, Tgesdity, .lu . •ze 23. B ‘NKRUPTS. Wff MAT T. Packwoncl, WW ; arwicit,c•ial-nlorcliant, July 6, I', Alij. 4, at llroselsy. Att. Mr. Iligg, 'bouthanipton-buildings, Chan em lane. WiLsow K. farrier, July 14, 13, Aug. 4, at Livetpool. Att. Mr. 1' stet, staple Inn. .BkLL J. and Sr:owns:4 .1. Leeds. linendrarres, June V. July 11. Aug. 4. at E aildhall. Att. Mr. liintlininth, Crescent. Jewin atrt.vt, nrip4vgate. PEART W. Nottilimipton•Street. Clerkenwell, proper. July 7. 11. Aug. 4, at friutlahall. Au. NI•l/dtr, Caale-street, 1/1 V 1111.. N DS. L. manekenay. Dever-street. Piccadilly. ITlCrebara, Jul.: 14. %V. bales. Swallow-street. clieesentonger, July 14. T. W. Burn, %Yapping, sail-maker. July ! t. T. Cror..inon. I:vex-street. Strand. upholsterer, July 1). G. hitt , qin. - Strand. wine-merehant, July M. 11. I,unel, Cerallerwet, dealer. July 14 S. Jl. Downs. lir:acting. Berkshire, grocer, July '25. ;tray. Oxtiwtl-erreet. grocer, July ?5. (:. 1 aekeridge. I'angbournc. Berkshire, whcelwri.dit. :tidy W 10.1widron. lituiringOonshire. miller, July 17. T. ilandoll. Fast-raw. City-read. chymist, Juiy*:4 11. ~..lerson. Acklain-in.the Welds, Yorkshire, farmer, July 16. T. T...ylnr. Austin-friars. merchant, Aug. 1. W. 011... v, southwark, Costiller. Jul)) , 14. T. (I. l)onlern. Shelton. Stsfardshrre.dmper, July 30. C ERTL FICA'rES--.lur.T 14. 1.. Williams, Cur,itor-.tarot. Chrncery-lane ' colounran--J. Young, Cagliari. .41111er—W. Futtit. Worksop., Nottinghamshire. hot “T.—C. Tomiinson. Ilawarden, Flintshire, druggist---J. pen ning, Wandford-Fiaum, Dorsetsliire. cabinet-maker. Wednesday an inquisition was held at the Swan Tavern, Great Doer-Ateet. Newington, en the body of U. lien!. The deceased was ' , tie of the firemen belonging to the Globe hire MS. ce..and had been, on the peoesdirg dot), walking with their natal psoression. Between ► t awd 1:: o'clock at nigi t lie was in ,omptely with five returnhi from Peckham to t.m.n. They riechetl as far as Dpver.street, I Air tile doll house ; w !...•n the deceased stcpptal bark- . wa fell dram. ar•l instantlr ..! -01. The 4 ,. .:e.t.t.t1 was perfectly . Medical aid was nna.zt..i, but *idiot', avail: It appeared that the deseawsi had been subject to Eta. Vadict.•Diett by the Visitation of GAI. THE NATIONAL REGISTER LAW INTELLIGENCE. COURT OF KING'S BENCH. Mommv. JUNE 2s. IMPORTANT DECISIf!N...*NROORS v. wANWICK Mr. SCAI lett stated, that din was all ae tion of vonidderabl e importance to the pubic at large. The plaintiff was a re_ speciable pawnbroker, residitig ill admen, and he now suuelit to tecover a l'ollirrtintlit.:l ill t141)141..5, for an illegal, untie:nded and nialieaues prosecution, sellide been lusts. toed against by the defendant, and ia ennseptence of which, he had Leon tairrisoned on aeliarge of felony, amoined feleits, fair 11 hours. The dyke:dant easa dl able to pay da mages, for he was backed by the Dire( 10111 sair the. B.lllk of England. The present war an action which would decide great and important point el law. He had a great respect for maa.y of the Bank Merton in idually. Collectively, they wire a great anti most re:sliceable trading company— but they were only a trading company, and he knew of no right they had to take the law into their own hands, and to decide for themselves; any more titer. the West India Dock, or any other trading company had. Their wealth was err. tainly 'peat, and it as as &Mel, great wealth gave great power ; but he had still to learn, tlat :heir wealth, I te it ever so great, world se: them above the law. The facts of the ease wen: as Idioms ;—The plaintiff land, in the course of his trade, re ceived a one pound note front a loosen named Gorbold, whose address, No. 4, Tavistock-street, was put on the note at the time it was taken. The plaintiff afterwards paid the note to a person named mil; by Lull it was paid to others, and ultimately it was tendered at the- Bank, when it %vies stopt as a forged one. On the 23411 of Det•ember, lei la, the defendant who is a Batik Inspector. applied to the plaintiff, and slated, that the iliac was a forged cue, giving it to Mr. Brooks, who. on examining it, immediately knew it to be' the same se hich he had paid to Mr. Bell, and told the defen dant Fr ; saying lie would go and give Mr. Bull another for it. The plaintiff and defendant am ordinglv went together to Mr. Bali, mad plaintiff ;saki a lemma in lieu of the forged tine. They then returned to Oda tifi's house. when the de-. feinlant demanded the note. The plaintiff, however, refused to give it tip. He stated who he took it from, bid said he would keep it and try to recover his money bark ; and thot the uote snould, in the mesa time, be forthcoming whenever cadet" for, it a prosecutieni should be hisiiinted. This did not sat is y the dafeetiatit, who told Mr.Brool e. utile she gave up the mite, a process would issue against tint; and on his still refusing to give it up, the defen d ant applied to dlr. Baker, a magistrate at Hatton Widen, and upon his deposi titre the plaintiff was slime need berme Mr. Baker, to answer for a felony. He (31r. Scarlett) supposed the th•fentlant founded his proceeding on the Act of the 4th of the Kiug, which providzd, that any person having a forged note in has possession, knowing it to be so, and not being 'able satisfac torily to iteeutnit ter the manner in which it bad come into his possession, should be geety of felcuy and liable to be tram,- ported for la rare. When the munitions from the magistrate was delivered, Mr. Bruoks attended immediately, and the defendant then pretence' his charge ag ailist him, of having, knowingly and willingly, and wi:lttiut stillicteot excuse, in tti s psssession, a forged note, and upon this charge the pfaintiB was committed to the New Pd son as a felon. He vas after wards brought sap for a secto.d examinatiou, u iteu Mr. West• wood attended as solicitor to the Bank ; and the plaintiff %as then told, that if he• would glee up the note he would be b. betatelk The pleintiff stili iefused to give if tip. but at length he. cumpeoluised the matter, and deposited the- forged note (as it was milted; in the hands of the Magistrate, and from-that day to this, he understood, it remained its the hands of the Magistrate, sealed tip, no etre having been taken upon it i nor had the plaintiff received any motile 'nation los the injury he had rustained in being imprisoned and dragged through the streets as a feton. To obtain compensation for that injury, alai to clear his owu •character, the plaintiff' brought the present action. Loid Ellenborough observed, that on , tio opening of the Learned Counsel, it appeared both part'ts hat: been wrong. Neither party could have a property to the toned note. it was a imisance, and only avail.,ble to r minote the ends of justice. When tendered the Bank had a right to lay bands on it, and detain it ; hot they lia4 HU right to impri.in the plaimitimuler this Act, for a felony, since he accuitisp 4 for the iv - Jte being in his peseession most -atisfaYority. The de. tai JJ tig the note by the Bank in the first instance might have been justifinble ; the subsequent proceedings mere an excess. Mr. Searlett said, it wits fur the malicious imprisonment the plaintiff sought redress. Lord Ellenhorongio observed, the eondnet of the Bank, on all oecit ions, was such 13 to prove there was no malice. Hi. Lordship stiggested to the other bide the propriety of sutler_ log a verdict for such damages at would carry costs. Mr. Scai lett said, 1114 client was catty se accede to this. He only wisacil to justify himself-in the ryes of the public. Mr. Tv ping, for the defendant, was sorry be etsuld n o t adopt his Lordship's suggestion; Lot the facts of the case would prove materially different flout what had bt en stated. JAI Eilenborongli evosadered a further disl*l/104011 injudi cious. He should ce,tuiuty , npoof these facts, dii eel the July that the defendant nos not Jottitied. Mr. Scarictt Ilicti called !Im witursys. J. Bennett, shopinan to the plaintiff, proved Warwick coming to Us , shop un the 28th of December, Ibltt. lie brought all. note to his baud, and destrtd to know who they had it of ; it was mat kcd 6 . forged" on tho face. Wit- Hess read the moor and adbess of the person from whom the note W4S taken to Warwick. Mr. Brooks was called out of the parlour, and, on the lade being ,hewn to biw , he said he 'mid it to Mrs. Bull, and would go and pay him fur it. He and Warwick stem to Mr. Bull's and returned widt Warwick, who desired to have the note back. Brooks refusrdl to gist up the note, saying, he wished tu ' , nth:ovum to ti ace it bark to the person from whom he took it ; and that it should be fortheonno4' when called fur. Warwick said, a process would be tamed agaiust him, if he did not return it. Mr. Brooks still refused, sod Warwick went away. Foy, the utheer, came tither that evening ur next day, and delivered Mr. Brooks a sammo!:s. Ciuss est% sssss led—'lhe note was stamped with She word fuogril," in red, on the fare of it. V.'imess did not hem Warwick desire Mr. Drunks to go with him to Garbold, in Tavistoel..street, from %Amin lie said lie had received the note. U•truick said, it the Hole was retnrned. ho would endeavour IQ lIIICOVer (h 41.14 . 1111. Mr. Brooks refused, and said he would make enevir ) himself. Q. by Lotil Lllent)ornugh—liow Jid yon know yon rc ocivell It frothCiorbold? W itsiess—We toot< it of him to redeem a pledge. Lord Elientoorutigh—litre was a note takcii fly a piwn. broker in the wad Ut ilia 111101111'N'!. It hrrc \A a, Ow uatt,e of Ntispicioi jus.titied the pit of lied you not better accede to my pi upositivu. JIINE eB. Mr. Topping— You see, my Lord, they have cliargrd with having imprisoned Mr. Brooks nialicion.dy, false y, and without probable cause. Lord Ellenhorough—And they have proved their case steo by step. I wished to say as little- as possible Cu tl.is ou had better adopt my preposition. The defendant still detliued accediug to the IttgiOblio n o f h is Lordship. Mr. Baker, the Committing Magistrate,. priced the m i . mitment on the gist of December ; and Li the warrant of coinmitineut he was ordered to be brought tip again or. t h e Ist of January. He was then re-examined, and it was agreed that he bitUltiti deposit the note *ids the witness, and that the Bind, would not proceed to prosecute. Witness recollected Brooks saying he would not part with the forged note; Le would keep it, to compare of notes with it. and thus din. cover forged notes from good. Vi ittiess said ;f be wished to try the question with the Hawk, be would commit him for fie., minutes. aail he might then be admitted to bail. Witness if alter this notice he detained the nett., lie would, in his• opinion, have posayssion of it without lawful excuse. Lind Elleithorough—'That deri*iii was wrong. The ba • in;; unlawfully in possession must relate to having po s. , ess i on in the first instance, soil net to any subsequent possession.-- He had given value for it, and that was a juitiliable excuse. Besides, the note was marked " forged," and could do 1.3 tot then harm. Mr. Gurney-01s, my Lord, instances have been known in. which this musk has been obliterated, and a re-utterirg had been male. Lord Ellenhoroucli observed, this did not alter the cam-- The cutest seemed to be, whether the pet-socal liberty of at subject ho itivAded, or the law of ihe Batik Clet shouit4 be Arch' uti to be - wrong, Mr. Topping addrcased the Jury on the part of the 4es fendant, and contended that the plaintiff was not justified in detaining the note front the defendant. If this were to be allowed, it would go very far to prevent the discovery of the original fain ice tor of the nutea nine times out ef ts ts. He ;I v a contended, that here was no malice whatever against the plaintiff; on the coati ary, it be would have consented to h ave lint in bail, lie svould not have been emimaiitted at all. Ties. Bank had only acted as they evil:thieved they were justified by taw in acting; and even if Um Jury should, ander Is:a Lordship's direction, consider they were rot strictly within the protection of the law, and that a verdict should be taken for the plaintiff, he submitted, that *try small damages would two compensation fur an evil he had brought on himself. Lord Ellenhotaugh au d tip.; and in doing so, said, the lain!.ff had given ad the info; tnati ssss mjhis pow er resp ec ti ng this 1101 e ; and there was not a shadow of ground to say, he came within the clause which ensile it felony to have a (urged note in hie posr.essiun, nut being able aittistietucay to account fur the same. The plaintiff had token the time In the course of his trade; he iritorined the defendant of w Yeas he took it, and cave all the information in his limier. After having dune dal, he W. 1% taken before a !Vlag:strato, and inc. prisoned as a le. e. It would he rad' 'r too womb note to atii), he bad to s .inse of complaint. The only ques•E•ii W3S s , whether the del.:Am.', alter having delivered this note to the plaintiff, had any light to itemailii it back di:Ain. He eer ia.nly had not ; fat a the question of property con hl * f p ) i the case ..r a targe.l note, which, as he obsei it.(l. yeas a nuisance, and cat , it only be used as property, as (4:i - warding the end of justice— that property was iu the 'llse Hark, when it aas tenth-. ed to th... .1.1551 n liar • .1 ...s..y e d it, having pros ed it 10 be a forget ; ther ha I • x • as, fur charging the pla,,,tiff wilt. : 4 11c 1! • ~, 4 to p reve nt this dismission, wit.': rosin In 1 , palm and, L o t w i e l d b e p rof i ts , eit eve. , ote w. it. the plait:rid 'a possession,- in Ihs t..n dship's one h,. i sawn') at right to take it tom line. It the Jut, 1 .., .I k . case made out, they would find a tel 111C1 • 1/1 the jo t such damages as thi y cetisldered a fai. comps sistitian ; they a mild estimate the damatv: ,iri ourtionate to :ht. itjitty , at:h unt considering titc weak , ' of the party olio windd have to vas them. The Jury fog ad a verdict fur the plaintiff, damages cuivs4l.l*. THE KING ♦. TA/ FE. This wits an indietotemt pe..retreol b iy f:oiebroke, the %tido ~t'Sir Georue Cokb I- e., a .1:11. • 11..1 h. • J'atfp, a aid a w Lull, fluter the /4.i:owing :Aretaiostanemi:—Nu. Tarte. it spin seed, wait daughter..isoo;,.. In J. 14: COit'll'OkP, and had been left a widow with two las:: ;tors, omitted to cm.sidera Die bit tics, %vim were 1.104.,1 •tiae w - dianship of their l c; anilmother. Mrs. Totte ha i repell;t , ry appded to have her daughters placed' tinder her sewn protection, hot iu vain ; and on tits day in question, as Lady Cr:a...broke was i n °ree d. Jag in her eierriage whit the two young ladies al,m g th e Hampstead rams, another carriage., it, which wit. Mrs. Tae ' , crossed the road. so i impeded the carriage of her Ladyship. —ln this carriage tile' e estre, besides Mrs. Tolle, Parigb, a watermao, and another tocasuu, aril it . was maven by a man I.4ineti liolt. An attempt was made to :•ellit!Vs' th r yont.g :utiles !iota Ltd) tralchrolik e's cos I isiZt to that of the:, inottirr, but the attea, l .t failed. This a ass lite assault complaint 4 of. Lady Colebrorie., w.. 0 is upwards or SO, was ;Memel, to sit whilst lop er es:mein:stints : sits gave !Ica es adages in the meat dear taut distinct watmer. The defendant* weir found renilry. It was iutitnated by Air. Gurney, dirt there was :4) to distress Airs. 'LIM.. but only to. prevent 4 rt+curtel4fC zisiiitair 'Attempts. It wa• not pro:mint: that jartipment would be prayed apinst tlts ;Ad ) . flab respect to the other two defrnitAtitN, ILO :aid Parish, lie could unt 9:1 v much ; the.) had Lot the ekciebe for their conduct which SI rs. Taffe had r. .t . i.er'a. 11.;i:SDAY. RANUMV . Vg:; ANGES-ANU A LiIt:UPON, AND MIN AND GROFiCE DAILEY. An action for an assault:l;47;l;e imptionmaent by the two ;as: defendant:, one of Sl ilOlll, Julio Bailey, is a she! 's officer, and the other his follower. 'lite arrest took pLiee on Sunday evening. tith March, the plaintiff re mat clog in ens , .1y until near 12 o'clock et ividinght. tie feminine justified that they were nerganted in taking the iilaisitiff on a Sunday * because he had previously escaped from when arrested on the 17th }eh. prreeding. l'ilr.Ourney opened the ease for the plaintifr, going over the filet) uel a i;rd in the ei 'deuce of the following ti lie utiset red, that the shei ills were only nominal dere:nth/14, the tam Briley* bei , .g really the persons responsible :to the plaint di to, t heir illegal comb, rt. Mr. Alexander Young deposed, that on ! I, e evening of the 17th of rebrinsi y last, lie accompanied Mr. Noel, the plaintiff 's atiurne!', and Mr. Ramsey, to Aluswell4ill. The two Baileys, the detendasits, value ant of a pit idle-house, and were pro ceeding in arrest the plaintiff. when Neel ()tiered to under lake 1.. r the debt. They ail went into the Goose, and Noel ga..e Bailey a Check ftsl. 51., as a consideration fur the 'weer to be answerable f o r taking Noel agreeing emits in the