The Statesman. — London, England, 1823-07-14 00:00:00

Cross-examined by Mr. Czwrnzzz.—Witness said that at the first interview with Mr. Black, be did not recoiled any thing being said about the seizure of the brig. It ap peared to witness that Mr. Black had finally stated that this information bad been brought to them by some person re gularly employed, and who was in the habit of collecting information for The Horsing CArosiek. This negotia tion had concluded by Mr. White saying he would take no more trouble about it, but would look to them for redress. _ _ _ _ Mr. Farr was the next witness. He is a Spanish mer chant, resident in London, and bas known the plaintiff fiftfin years. He now and then brought bills to witness which be discounted for him. Witness bad previously en tertained a good opinion of the plaintiff; but having seen the paragraph containing this statement, he began to have doubts about him; and on account of that very para graph did not like to discount any mere for him; but when be found that the plaintiff was going to bring an action against The Morning Chronicle, and saw that he could clear his character, be discounted a bill for 1001. for him. This •:losed the case for the plaintiff. The Sohtcrroa-Gaantaa L then addressed the Jury in defence, contending that no malicious or libellous inten tion on the part of the defendants had been •shown nor could any such intention for a moment be suppos ed to have existed in the mind of either of them ; the one, Mr. Bentley, being merely a trustee for the benefit of the fa mily of Mr. Perry, and the other defendant Mr. Robert son, being merely the printer of the paper. Neither of them could possibly know any thief; of the truth or false hood of the contents of this paragraph, nor could they be isfluenced by any sinister or improper motive for its insertion. It bad come to them hi the regular course of daily communication; and the hurry in which every body knew, especially since the introduction dame mo dern improvements, the newspapers were sent to press, the number of persons of necessity promiscuously em ployed io the extraordinary expedition that was used, rendered it next to impossible that the nominal (be ad mitted they were legally responsible) conductors of a Daily Paper could be morally responsible for the truth or falsehood of every article of miscellaneous intelligence which, in many cases, through accident, found its way intotheir columns. He requested the Jury to bear TO mind, that Mr. Black was not identified with the de fendants in the neglect which the plaintiff complained of baying experienced in his interview with that gentleman, If the plaintiff had denied the insertion of any thing in the shape of contradiction to the article complained of, by way of repelling what be considered an unfounded imputation on his character, and the defendants had re fused insertion to such a qualification of tie libel, the case would, indeed, have worn a very different com plexion. Did the plaintiff seek, by bringing this action, to make money of lois character, while he claimed the distinguished place in society of a British merchant or broker of high respectability? Such could not fora moment be supposed his object, for it was incompatible with the honour of the commercial character. All that he could, as a man of honour, desire, was the vindication of his character, which woclil be satisfactorily attained by a verdict for nominal damages; and this not being of that species of wanton and malevolent attack upon pri vate character which his Learned Friend had spoken of such, he trusted, would be the ter ict which the Jury would give. He should call no witnesses, but leave the case with them as it stood. The LORD CHIRP JUSTICR, addressing the Jury, ob• served, that, among the topics introduced to them by the Solicitor-General, one which be seemed particularly de s rous of urging was, that Mr. Bentley was not to be considered a proprietor of The Morning Chronicle, his name bring entered as such solely because lie was Trus tee for the f,rnily of the late Mr. Perry. It had not, however, been put in proof that he had uo interest of " •”" h. at,. P. , •r•OY : nor, while he lent Iris name to the publication, could the circumstance of his being merely a trustee, be taken as an answer to an action brought by a party aggrieved for compensation for an irjary done to private character. The Jury might take it for granted, and indeed there could be no doubt of the fact, that the defendants entertained DO malice of any It' not towards the plaintiff. But the ease stood, by cons pat ison, thus :—h-re was a person discharging tire-arms •at a crowd of people, careless of whom it may strike ; was it to be said to the person wounded by.a missile so dis charged that the author of the mischief was the less answerable in damages, because he did not aim at him? 'lke imputation conveyed in the paragraph in question, was on- of a most injurious nature to the character of any individual to whom it might be supposed to apply; and although it had been coupled only with the general term, " a broker," yet those who knew the plaintiff could, from the circumstances with which it was connected, ap ply it to no other person but him. Thus had a mischiev o vs direction been given In the paragraph to a statement of a circumstance founded only on general rumour. It was admitted, that under all the circumstances, a verdict must p...g for the p'aintilf, and the July would say what amount of damages ought to be given. The Jury. without hesitation, found for the plaintiff— Damages 30W. • (For Remainder of Law see last page.) •The Menitaw of Thursday publishes s Royal Orden- Nance, creating Mr. de Martignac on his •..tuto from Spain ' a Minister of State, as a reward for the manner in which he fulfilled Isis mission. The mature of this mis- sion is still a mystery, for the only explanation given re lates to its termination, and is to be found in a private letter from Mr. de Martigoac to the Madrid Regency, io which lie says that his mission was only to last " till the moment when Spain, replaced under legitimate authority governed by its King, or in the name of its King, should be reconciled with Europe, and see re-established those diplomatic relations which revolutionary fury had interrupted." " The moment," he adds, "is come, and the Ambassador of the King of France is arrived in this capital (Madrid), where are already assembled the En vois of mini august Sovereigns." Fu,:cn FUNDS, JULY 11. —Fly. per Cents. opened at 90f. 63r. ; highest, 90f. 80e. ; lowest, 90f. 93e. ; closed et 90f. 80c.—Neapolitan 6 per Cents., 781.—Ezehange on Lon. don, one month, 261. 70e. ; three months, 261.80 c. MM. DIA. .....Dublis 0 2.'...Waterford...• • I 0....13 ezieney 0 o....Lisbots 0 o....Gottenburg. • 2 ARR. sup. O...HOUpi 0 1.... Frain, i 0 ...Flanders 1 0... •Malta .O FRENCH PAPERS. (FOOS TB; IIONITIL)IO OF WOLF, JULY 110.-411/FICIAL PART.) ARMY OF THE PYRENEES.—BULLETIW. " Major-General Huber, informing his Royal . Highness of his arrival at Oviedo the 27th of June, gives him an ac count of a new affair which his troops had on the 23th, be yond Aviles. Captain Beaumitz, of the 4th Hussars', hav ing advanced towards the town immediately on the orrrival of General Huber at Gijon, and having with him .60 horse of his own regiment and of the 17th Chesseurs, and two companies of infantry, arrived at Aviles just as the rear guard of Campanillo had gunned it to retreat towards Mares. He overtook it neer Fort St. John ; the enemy formed in a square, and endeavoured to manoeuvre so as to put himself under the protection of that fort ; but being briskly attacked his ranks were broken, end fled in all directions. M. de Beaumits immediately put part of his cavalry towards Fort St. John : it entered with the enemy, and the garrison of 60 men threw themselves into a boat and endeavoured to escape ; but Lieutenant Dues having caused the boat to be tired at, it ran aground, and only ten unn were saved. The results of this affair, which was conducted with vigour and skill, were 70 prisoners, many killed, four pieces of cannon, a large quantity ... 8 muskets and baggages, cud the comple • tion of the dispersion of Campanillo's troops, who r.sd hardly 900 men left when he arrived behind ?felon. Cap tain Beaumita was perfectly seconded by Lieutenant Dues of the 17th Chasseurs : he mentions, as having distinguished themselves. Lieutenant Kersoiy and Brigadiers Chapelier and Constant, of the 4th Raisers, and Quarter-master For est, of the 17th Chasseurs. " The Spanish General Longa. arriving at tallest°, at tacked at the sometime on the96th two revolutionary bands, one on the side of Caswpo Caro, the other towards Oviedo. Both were destroyed; Bernard Meares; the chief of one of them, surrendered. " Part of General Hober's troops were at Oviedo on the Stith. He himself passed that day at Gijon, in order to have the men pursued who had fled to the mountains, and to col lect the soldiers of Campanillo. who presented themselves in greet numbers. He has alsolaken several ls laden with arms which were in the ports of the Asturias, and were • destined for the places occupied by the enemy. He wee re ceived at Oviedo on the 27th with the acclamations of all the population, who came out its meet him. Count Molitor has announced to his Royal Highness, that the head of the 9d corps was on the 110th at Moaforte, before Alleent. as well as at Elche, a ISM& sat a halt from Murcia, whither the Ge &owning Lawsuit of the troops of Ballasteros. " Head -quartet% drid. July b. • seder of his Royal Highness, " I he/biear4 sherd Count QUILLEMINOT." MONDAY EYENINO. JULY 14, 1823. STOCK-EXCOANOII. 12o'CLocx.---Consols opened this morning at 83}, and are now 8.111. with a good market. The Expresses from Paris have brought the French funds at 91, 10, and Spanish, 371. A report prevailed at Paris, that the Cones were going to enter into a Dego ciation with the French, in which England would lend her assistance. The French loan has been as high as 2h, but at present it is 2 to I. FOREIGN Po:rm.—There is nothing doing except in French, Spanish, end Columbian securities. Spanish, 34—Columbia, Wl—French Scrip, to 21 premium. We have received today, by express, the Paris morning and evening papers of Saturday, from which we select the following extracts (Paola ?HL Etoile, 13th Juts.) Army of the Pyrenees, Madrid, July 7. General Bordesonlle writes that he Lopes, in a short time, to be master of the Isle of Leon. Ail the letters we receive agree in two points, that Cadiz cannot hold ant, and that the king's life is not in danger. BaHastenss to get to Cadiz, has left his army, which was defeated by General Moliter. In several houses in Cadiz they ha►e been already obliged to have recourse to water from their cisterns. The Erpectader speaks of the plot which wu to have taken place at Seville, to carry off the King. Sir John Downie, and 18 others have been arrested. Ths'Josr► na /of Cadiz contains the following parapaph, which appears to us very remarkable:— , a ' A thousand different reports prevail this evening on the subject of the arrival, near the port, (Cadiz) of four vessels of war, one English and three French. It is said, amongst other things, that a French ship of the line, a frigate, and a brigantine approached the Cu. tie of the fortress, and that of Saint Sebastian. They fired on the frigate, which made off immediately. The three French vessels kept in sight till night. At 6 o'clock two officers (English) disembarked and followed by a great number of persons, went to the Secretary of State to have an interview with him." FOURTH Coin OU THIC ARMY. Official report of Baron Eroles, to his Excellency Monseigneur It was on the 7th of this month, in the morning, the moment that Mina commenced his last operations, that f received at Solsona from your Excellency, the order to take the command of four Spanish battalions, and the brigade of the Marshal Count Saint Priest, composed of four other French bsttallions, and 100 cavalry, with your orders to follow the enemy in everydirection. The same day the troops moved on Bergs, distant 9 league, from Solsona. On the Bth, after leaving in that town three com panies, we proceeded to Pueblo de Millet, where we learnt that Mina had marched for Cerdagne a Dori, I instantly made a rapid march on Rippoll, where 1 karat the enemy was encamped on the 9th, in • the plain of Santa Paw, but Mina broke up his csmpt at day-break, and proceeded in the direction of Redaura. 1 gave orders to a Freud' battalion, who was at Rippoll, to march on Beasora, and I took the direction, with the rest of my troops, on Volfugena. Just as the columns had arrived at that town, I received the information that Mina had changed Lis direction, and marched on Castlefollit. 1 instantly proceeded on Olot,:fearing Mina was proceeding to Barcelona. 1 arrived at Benin before nine o'clock in the morning. We made this march with such rapidity, and with such wise precautions, that the enemy were ignorant of our movement, but by an unforeseen fatality. A soldier of the B'h Regiment disappeared during the night, and joined Mina in the mornilg, and informed him of the whole of the dispositions we had made to attack him. We learn that Baron Eroles, and Marshal Saint Priest are before Cardena, and are going to form the Blockade of that place, as well , as that of Sen. • FIGUEIIIIII, Juxn 28 —The Lieutenant General eons- mending the corps of Observation of Figueroa is highly s atisfied with the conduct of Lieutenant Dumas,. as well as the officers and soldiers in the bravery displayed in defeating a sortie from the Garriaon of the Fort of Fitt ers& On the 2d of this month the Garrison of Seaton* disembarked 500 men between Laredo and Calendres, which are Only occupied by three companies of the 81st, bnt the revolutionalists were obliged to retreat, and left on the place snore •:.an 100 killed and wounded. (FROM THE Coartitationcel.) A Telegraphic Despatch. dated June the kith, from Bre st, aneoanees that a convoy which left Martlnique on the 20th of May,• composed of 87 Sail, iscorted by the Nereid. (Agate has entered the above Port. We read to day in a Ministerial Journal the following Itoes :—"IWe are led to believe that the Negociatious have' Commenced with the Members of the Cortes, and the party who have the greatest power, and a favourable result is e=• peeled." News FROM TWO iltreinsu FROWTISC—BLOCICADI 011 PAIIIMLUMA, JOLT 3.—You have heard that DI. Laroche foactult was sent by the Duke d'Angouleme to summon this place to surrender; but this Envoy was received by a sound of music, which played the Marselloim and the Tracala, and could not obtain any answer from the Constitutionalism Bayonne and Bremen papers have also reached os this monitr. The former contain accounts from Madrid to the 2d instant. From these it appears that the struggle is expected to be long and sanguinary. This apprehen sion is partly founded on the conduct of the Regency which seems to flatter only the unenlightened and feroci . one part of the Spanis:l nation. Ballasteros it was pre_ sowed, will throw himself into Andalusia, where be was chiefly engaged in the war of Independence. The re ception of Mina at Barcelona was extremely brilliant ; be brought with him several French officers, and 300 sol•tiers, prisoners of war, and the Gazette of Barcelona says, that be bad left a greater number in the various fortresses held by the Constitutional troops. The General made his entry at the bead of 1,800, and left the city on the 24th, with a floe division of 4,600 men. A French squadron of one ship of the line, a corvette, and 3 brigs, is cruising before Cailis. Two frigates have anchored at Port St. Mary, and landed a quantity of Money and some Military stores. M. De Martignac was about to set out for France, and tbe approaching departure of the Duke for Seville was spoken of. A great number of Portuguese emigrants arrive In Spain, especially in Galicia, The Brenton papers contain nothing but a very long and elaborate article from St. Petersburg, dated 13th June, in vindication of the resolutions taken at the Congress of Verona. A Leeward Island Mail has arrived this morning, after a passage of only 30 days from St. Thomas's. By this conveyance, we have received the Iris of VS nerstela' which contains an article from Bogota, dated May 8, repeating the opinion that one of the first determinations of the legislature will be, the settlement of the debt con tracted by M. Zea. It appears that want of money Will be no hindrance to the French operations in Spain, at least for the present; for the house of Rothschild has obtained the high honor of contracting for the loan which is to sharpen French bayonets against Spanish bosoms, or to bribe treachery to accomplish what is found to be unattainable by force. ITU loan is contracted for; and will doubtless be raised; nod, as far as its application tan promote the cause of the Imeasion, it will succeed ; but Fretted' millions have be" r tore been found as unavailing as French swords ; and, .inotwitbstanding the willingness of the money changers' In accommodate the Genius of murder with the means de mischief, we have great hope that this loan will be ad. waned in vain; and the most earnest wish that the par des contracting for it, may never have the power of bid_ ding for another. This is one of the curses of the non& tural funding system. Money employed in the legiti mate modes of increasing commerce and agriculture, cannot be withdrawn so readily from its ordinary ens. ploymen.s to accommodate despotism; but whew money is made to produce money, by its un just operation upon the labour and industry of a people, and accumulated in heaps as an &ti de of speculation, it is ready for any infernal occa Sion; and Old Nick himself would only have to offer a larger bones, to obtain a loan for the extirpation of religion. Still Spain remains unsubdued :—and though the prospect be dark, it is not, we repeat, so dark, as it bas been, when her day has again risen, and the suppressed splendour again burst forth. Napoleon occu pied every fortress, but Cadiz. Louis has not yet take. one, which has offered any resistance. The Constitutional flag still waves upon more than twenty fortresses of the first and second order. Napoleon was strong enough to sweep before him every shadow of resistance until he reached Cadiz. Did a town resist,' and but few thought of resistance, he had the means of reducing it. His army was more than twice as numerous, and ten times as effec tive as the present army of France. The Spanish army misled by circumstances, was induced to array itself un. der his banners. The nobility, and not merely the nomi. nally noble, bat the intelligent and well 'informed classes of society, who did not see that it was the wolf promising to become the guardian of the lamb, went cap in hand to the usurper. The French were universally better received. than the English troops ; add Sir John Moore, if not driven into the sea, was chased to its margin, and the remnant of his army compelled to embark, after the glo rious bat ineffectual victory, which cost that lamented commander hie life. The Doke of Wellington was also driven out of Spain, and to the very margin of the sea, in Portugal; and the subjugation of Spain seemed complete —hat even the bidden pestilence was raging almost unseen, yet felt most terribly in the ranks of the proud invaders. ?hot dreadful scourge to organized troops, a Guerilla warfare had sprung up amongst them; and its vengeance was as prompt add unexpected, as the visitation of the lightning. Every night brought with its shades, some novel attack; and every day was spent in apprehension of an evil that admitted of neither prevention nor cure. But it is now said, the Spaniards do not evince a suffi @lent disposition to resist. We beg to ask, what dispo; sition can they chew which they have not shewn ? i Wherever a fortress was prepared with any thing like the means of defence, it is defended. The first fortress invested by the French, is not yet in their pos sess i on. Not a single Constitutional troop has joined them— t h e army of Abisbal, instead of being accomplices in his iaison, refused to be biassed by him, and the traitor was compelled to take to a solitary flight. More recently, blotillo has found that bin soldiers were not to be seduced by a great example to betray the commo n ewe: The exploits and devotion of Mina are the themes of universal admiration ; and let it be remembered, that when the first French invasion took place, the ,Mina s were to be caked into action, and the Guerillas to be organized. Both are now in existence, and many illus trious chiefs are emulous of the reputation of the first Guerin.warrior. One thing may be taken as certain, that the French army at present in Spain is unequal to the task of conquering that country. An army compe tent to the arduous business of reducing every for ress, would not be sufficient to occupy Spain ; and without w military occupation of Spain by France, a restored de spotism could not by any possibilityexist. If Cadiz could be taken, and were afterwards evacuated by the French, th a Constitution would be agai n proclaimed therem soon as ti last French soldier had the gates closed upon him. Cadiz bases enlightened a population as any city on the face of the Globe. The political discurrion created during th e French blockade, the intercourse with America and flogland, and the events that have locally happened, have opened their eyes to all the enormity of despoti•m, and have excited a most cordial abhorrence of its nature, Our Ministers, therefore, in the desperate hope of induc log Spain to have two chambers of legislation, have left Spain to the military occupation of France, if she could keep it, and made the Bourbons a present of Celli; as a countz.rpoise to our possession of Gibraltar. The Bear is not yet killed, to be sure ; but the English Ministry have sold the skin for a compliment. What has hitherto oc. curred must have been expected. • It required no conjuror to tell us that France could send a hundred thousand me n into Spain, if she chose to take the consequences of such a Step. It mas equally clear, that a State without an army, in the usual acceptation of the term, could not send one into the field to meet the insiders. The trea sury of Spain a•as known to be exhausted. The unfor tunate dispute with South Amerika bad cutoff the usual supplies; and there was a feeling spinet the surrender of the colonies, which the Cortes dare not oppose. That t he French could go to Madrid, was as evident, as that t heir soldiers could put one leg before the other.— Whenever the mass of the French army presented itself, it could not but find the way clear, ex cept it had had mad men to deal with, who were frantic enough na throw away their lives without any hope of advantage from the sacrifice. Bin what hare the French gained by the march to Madrid, and the march to Seville? Nothing but disappointment, and new enemies, hitherto. An army is no welcon a visitor in any district; and those who were indifferent enough to the coming of the French, will be heartily tired of their presence. If the Spanish Cortes, and the Spanish army, could have been seduced from their duty, as was the case in Portugal, the affair would have been different ; —but, thank Heaven! liberty has firmer friend', and more heroic champions, than she found at Liabon, The great cause of Spanish security, and the best hope of Spanish. freedom, is that the Icing of Spain is known too well to• be trusted with the power of betraying the interests of the Liberal Government. Had his keepers relied upon tats honour, Spain would have long since been lost, and the kti u mph of the Huly•Alliance com plete. Yesterday the Dukes of York add Cumberland visited his Majesty. The Lord Chancellor had an audience of his Majesty yesterday. His Majesty will givea juvenile ball to-morrow-at Carl ton Palace. The King will leers town the latter end of the present week, to take his projected aquatic excursion. The Marquess and Marchioness of Hastings and suite, Lord Kinnard and suite, Captain Withrow, and about 60 passengers, landed at the Tower on Friday, from .Calais, from the Earl of Liverpool steam-packet, Captain Franklyn, after a most agreeable voyage, in eleven hours. Satuiday the Marquess of Hastings had an audience of the Kieg on his return to England. The Duchess of Kent, on her visit to the Palace in Pall mall on Thursday. was accompanied by her youncest datu' - ter, the Princess Victorli, who had never till that day beet itttroduoql to his Majesty. She is an interevinn child, of ■ very lively and affectionate disposition. ills Majesty, had sent her his picture, set round with brilliants, as a present on her birth-day. There is at present a man who is in the practice of calling on persons with birds for sale of a very beautiful appearance, which he says he has brought from Savannah; but which in reality are nothing but Sparrows died cu rious colours! The complete carcase of a horse, in a standing posture w,s lately found in Eaglesfield peat-moss, where it must have been some centuries. The animal was unshod, and, by the teeth, about four years old. EMIGRANTS TO CANADA.—This day (Tburtday) the hips Slakesby and Hebe, Captains Johnson and H will sail from Cove, for the new settlements at Canada with 567 •emigrants, chiefly ruined farmers from the south of Ireland, and under the superintendenc e of Mr.. Robinson, who has been appuinted by Government fur the purpose, with very ample powers to encourage settlers, and who takes his passage with them on hoaiLl the Slakesby.—(cork Southern Reporter.) A-letter from Montreal, dated June 14, says--" 1 have Just been informed that the De Sub : b err y steam -b ust way urnt to the water's edge on Thursday morning last, at 4 o'clock, off Cape Roue, and ail her cargo d •stroyed. There was a eunsiderab , e number of settlers on board, but they were fortunately all saved." Steam navigation appears to be carried to a very.great extent in the CitQa..49. On the river St. Lawreni e, be tween Montreal and Quebec, during the open season, which lasts from the Ist of May to the 25th of Norco:- her, no less than eight vessels are constantly plying, of which the largest, the Lady Sherbrooke, is of 787 tons burden, and is impelled by an engine of 60 horse power. The marriage between Lady Elizabeth Con)egham and Lord Burford being of by mutual consent —rumour has assigned to this Lady a princely partner, the vicissitudes of whose fortune have engaged so much of the public at. ,tention. The reconciliation between the Highest Personage in this country, end a welt-known naturalized Prince was. it is said, effected by the interposition of the Commander-ta•Chief. 1 whose kind disposition has often led him to aet tb• part of mediator. The presence oft Royal Duchess, and, as the matter stands at present, the presumptive heir to Vte Crewe, at the last grand part• at the Palace, was permitted in con-- sequence of the game interposition. z‘ l 4" THE. STATESMAN. PRICE OF STOCKS THI Bank Stock 9931 I per Ct. Red* 9210 p.Ct. Cone Slll 31 per Cent. per Cent 5........ 9911 New Fours .. ....1001111 LougAnn 90 111-10 21 Imp. 3 per Ct. Slf DAY AT ONE O'CLOCK. India Stock 253k Ditto 801d5....—5. 484. pa. Ex.8111.4d. j 941 Os —ipo. 10001. —5OOl. 941 211 t pat. Sas p.. LottoryTickets ..... 141. 141 s Con. for Acta 83 U 45tte Atateontait.. • ...-...•,..6...,..... ~ t . El, • I