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UNITED MEXICAN STATES. VALYSIS OF THE MEMORIAL PRESENTED BY ME SECRETARY OF THE TREASURYTo THE FIRST. CONSTITUTIONAL CONURESS OF TIIE UNITED MEXICAN STATES. 'TRANSLATED FROM THE OFFICIAL LOTT PUBLISHED IX MEXICO. IC,owie and Co.) The public attention is turned with so strong an interest wr a t h the United Mexican States. that this pamphlet will not fail to be received as a valuable acquisition. A M. e mal. on the state of the ruaxic I':NANCE a subject m ost intimately connected with its growing prosperity and grestoess--was read in the Chambt r of Deputies and the taste by the Minister of the Department, Doc J. E. Esrs►.t, in fulfilment of the Article MO of the Federal Constitution of the United Mexican States, on the 4th of January, 1523. The contents of this Memorial are the 1 subject of the present Analysis. We cannot better convey; sn ideaof its purport, or of its importance, than by giving m i re the introductory note of the Translator:— i " The Minister of Finance of the UsivEn STATti or 1 )11xico having, in conformity with the provision to that 1 e ifet in the Mexican Constitution, presented to the Mexican i Congress a memorial on the state of the public finances of 0, Republic, that document was referred to the examina; tlon of a Committee consisting of four members of the Se- oats : t h e result of whose labours forms the translation! now presented to the English reader. For the better I understioAling the " Analysis" of the Commitwe, the s ubstance of the Finance Minister's memorial is an-. [debt. except that of the e Manilos.' Th.:, decree of 22d March is confined to the giving permission to leave the 'country to those families which had till then been detained, and appoin:ed that the goods they might export with them should not pay more than the si per cent. ordered by the' ' general regulation of the provisional cote; but, as by pre- 1 vious enactments 13 per cent had been ordered to he paid on coin expelled, it was decreed, in the 4th article of the I said decree, that these, payments should be returned, and l 3 per cent. to th ose w h o h a d actua ll y so exported coin ; and in the 3th article it is .tared, that in case these Mils 1 late not in existence,. or that the G o v ernment h as not t h e means of returning them, bonds should,be granted, pay- I able in two years, which should enjoy the same advantages as those granted to the other bon ]holders, who had co- ! operated in establishing the independence. In no part of 1 the decree alluded to is there the slightest expression that !could authorise the payment stated in the Memorial. The advantages which those other bondholders are to enjoy have' I not even been declared ; besides which, an express author s cation will be req u i s i te , b e f ore t h e payments in question I can be made with the proceeds of the loan. Further than this, the sums alluded to belong. as is perfec:ly well i known, to subj ec t s o f t h e S pan i s h nat i on, and could not be taken out of the country, by the payment above-mentioned, without an infringement of the law of the declaration of I war, edtich prohibits the same; besides there are many !other considerations which would oppose such a measure, lull of them equally obvious and important. " The third decree quoted it the Memorial respects the negotiation of a loan, through tlle medium of the Consu lates, for 6u10,000 dollars, and the establishing a duty of 2 1 per cent. on the coin circulated in the interior, for the pur lpose of paying it off: There is no allusion in this decree to the loan, nor could there be, since the loans were made subsequently ; and as it cannot be supposed that the minis- ! gy can have infringed laws so important and so clear, it is I presumed that the whole parag raph in question i s a mis take, and th a t th e 300,000 lam are still in eltistenee,l and will in due time be accounted for. weed. 0 m e documents will probably be deemed worthy pe rms) by those oho, whether in the prosecution of coin -41 views, or under the influence of higher consider ations, take an interest in watching the progress of society is the Sew World. There are some features in the '.analysis which will hardly fail to command attention and respect. The unreserved openness with which every part of the Miuister's report is examined—the judicious re feats and improvements in the administration of the re venue which are suggested—the honest anxiety shown for the maintenance of public faith—arc all highly creditable N the authors of the Analysis."f he lover of constitu tional government will contemplate with satisfaction, a 53E5 of society, in which the temperate and rational exam i- • nation of the administration of the public revenue is thus submitted to public scrutiny—the political economist will be agreea bly surprised at seeing a natio n , hi t h erto so state site.. - cur e xcluded from participating in the general-spread of intelligence. so well acquainted with some of the fa scenic principles of his science: in short, the Analysis is as .creditable to the ability of the Commis s i on f rom which it has proceeded, as it is to their integrity and good Alb ng. " The occasion of this publication fa not unsuitable to the expression of a wish, that all the new 'Republics of the South should, as speedy as their respective circumstances tray admit, adopt the same habit of presenting to their nmeetive Congresses annual statements of their revenue sad expenditure. Nothing is more calculated to be , g t a national feeling at home, than encouriging the Different. Dol. 2,1;08 993 6 6 " people to take an interest in the .proceedings o f t h e ir The following very inter es ti ng o b servat i ons occur on t h at constitutional rulers and legislators—or to maintain part of the Memorial which r e l a t es t o t h e and excite confidence abroad than publicity in the DUTIES ON GOLD AND SILVER. administation of the revenue. Great indeed is the eon- "Although the Chamber of Deputies has already come to nut now presented, between that state of despotism from a decision on this questions and every possible light has which these nations have recently emerged—under which been thrown upon the subject, by various publications, and they were namely permitted the faculty of thinking—and repeated and profound discussion, we shall notwithstand that in which we now find them, exercising all the funs- ing make a few remarks on some particular points which tons of reasonable beings. Nor less striking is !bother have least come under examination. comparison, which unavoidably, though painfully, forces I "Gold and silver are the great springs of all our industry: Welt upon the mind. While ate Government of Old agriculture, commerce, the arts, depend, directly and im- Spain continues to hold forth, in its conduct towards its mediately, on the mines. The foreign trade is supported creditors, the most shameful, deliberate, unprovoked, and entirely, or almost entirely, by the precious metals. Ilence disgusting matinee of a breach of public faith that the the immense importance of encouraging a branch of ne wel,' has ever beheld, these young 'republics are seen tional industry, on which the prosperity of the country so making use of every exertion to meet the punctual die- essentially depends. The most efficacious means of en charge of every engagement they have entered into. Al- couraging such a branch of industry, is to diminish the though in some of these States many changes in the form expense of production. Duties increase this expense, con of government, and in the persons by whom it has been ad- sequently they check production; therefore in our case, ministered, have occurred, every succeeding administration they attack the very heart and root of national prosperity. has invariably recognised the public debt as it found it. No There is no reason why the principles established and ad subterfuges, no special pleading have been had recourse to, mined with regard to other branches of industry, should to show that money might he bernewed to-day under every not hold equally good of the production of the precious symbol of authority and good faith, and the obligation to metals. The fact of their being " money" will only ex repay it repudiated to-morrow, on pretence that the bor- plain their more extensive demand and coneumption • it rower, whet he took the money, was in a s t a t e o f re - ca nn o t alt er th e l aws o f pro d uct i on, w hi c h are immuta ble. straint and coercion. So far indeed has the opposite "Itis a calculation, notoriously false, to estimate the pre feeling been carried by the Mexican Government in par- sent produce of this branch of revenue by what it was re ticular, that it has, with a magnanimous liberality, vious to the Revolution. lf, in fact, it is reduced to the adopted the debt contracted by the Spanish Royalist half, and the re-establishment of the duties operates itn- Government, although at the time of doing so, and unhap- mediately against the increase that would take place, how pity still, engaged in war with that government. Nothing can calculations of the tax be made upon a produce that better can be desired for the Mexicao nation titan a perse- neither does, nor can exist? It is said in the Memorial, verance in such honourable and high-minded feelings, and that the considerations that have obliged the Minister to that, in measures of finance, it may adopt and act up to propose the re-establishment of the duties, are as impera the prudent and upright course marked out for it by the tire now, as they will be of little consequence hereafter, authors of the ' Analysis ;' exercising a reasonable and But if it is impossible that the duty should amount to what wholesome control over the public expenditure; looking to it was in the five years from 1793 to 1799, since the quan the vigilant collection of every breach of the revenue (as tity produced is less by one half, how can the re-establish• the surest means of reducing the amount of its imposts) ; tnent of the duty be the only means of covering the deli. and preserving, at all hazards and at every sacrifice, faith ciency of the present year? It is, indeed, singular that the with the public creditor. amount of a duty should be expected to be the same, when " London. September. 1 825." the produce upon which it is paid is so greatly different. No contrast, certainly, can be more decided, than the It is said that the proposed measure must chiefly affect utter dereliction of every principle of good faith on the foreigners, who bare made their calculations on the basis part of old Spain, and the exemplary rectitude and fair ,of the reduced duties : and that if ou r own na ti on su b • dealing of the Mexican Government. It is a fact, which misted to it in.former times, it certainly could do so now,, the writer truly observes, ought to be incessantly repeated i when the country so imperiously demands it. 11'ith moil justice be done to the injured parties, that the very I respect to the first of these premises, there is a mistake, household wants of King FLILDINAND of Spain were sup- which involves consequences of the most grave, and, to a plied out of those very loans which he now refuses to IX' certain degree, odious nature. It is not true that the Murecledga. We are surprised that any one hearing the weight of :he measure would fall upon foreigners ; but style and title of a Klee can consent to exist under such a upon a branch of national industry, on which the prove weight of ignominy. The meanest wretch that crawls I rity of all the others depends. And more than this, if to. upon the earth is noble by the side of him. But such a reigners took the reduction of duty into account in their worthless topic would carry us further than we have space calculation, why should we have the bail faith to cause to waste upon it. their failure? This does not imply that the nation has not The Analysis enters into ail the different heads of detail the right of re-establishing these, or any other duties ; commensurate with the Memorial to which it refers. We I hut only that the disappointment of the calculations o f extract as a specimen o f t h e manner i n w hi c h i t i s con- foreign nations is not sufficient reason for the measure. ducted, the remarks which arc made on the bead of With respect to oue own nation, certainly we must not es- FOREIGN LOANS. timate what it can bear now, by what it was accustomed "The loan negotiated by Don Francisco Borja 3figoni to bear in former times, because this mode of calculation being in every respect concluded and definitively settled, would lead to the most extravagant conclusions. Besides it is time the Congress should furnish an accurate and cir- this, it must be recollected that the large capitals formerly sumstantial account of the particulars of this transaction, employed in mining, do not now exist ; and even if they and of the application of the proceeds. The House of I did exist, they would not be sufficient for re-establishing Representatives, which, by the establishment of the office I the mines, for there is an immense difference between the of Accountant-General, possesses the means of furnishing amount of capital necessary for continuing operations once such an account in the most ample and elaborate form„! brought into activity, and that necessary for re-establishing will undertake this duty, as ita more peculiar province, them after being abandoned. It is a well-known fact, that devoting to the subject that attentive eonsideration which the deeper the mines the greater the expence of working all finanancial operations demand of the Congress: and them; hence the Spanish Government were under the ne mnst especially o ne one which, by the terms on which it ' cestilty of reducing the duties, in proportion to the in was negotiated, has imposed such a heavy burden on the creasing depth of the mines • and even before the Revolu nation. The Chamb er o f D eput i es h as a l so some duties lion, before any of those misfortunes had occurred which to perform, and some remarks to make on this important have since occasioned the abandonment of the greater part auluect. of the mines, a necessity had been felt of some reduction "With respect to thesecond loan, it appears that it is also in the duties—a measure which would have been eventually time to demand of the Government the necessary informs- granted by that Government (which well understood its non respecting it, and to consider in what manner its pro- own interests in these points), or it would have hazarded needs onght to he applied ; carefully avoiding those arbi- the loss of the most important branch of its revenue. Miry measures, which im the absence of any precedent or These considerations prove that the nation cannot, at the fixed rules on the subject, may possibly be suggested. In present day, support the high duties that were paid in the mean time it would appear that the proceeds would be former times. most properly employed in discharging whatever debt may "It is further asserted in the Memorial, that the abate have been contracted for military stores, &c. and in sup- ment of duties has had little or no effivt on the of lotting an d encourag i ng t h e branch of revenue derived mining. Without attempting to show how progress Iran tobacco, reserving the rest for the extraordinary ex- palpably this assertion is disproved, both by reason and parses that may be decreed by Congress, jhe ordinary cx- experience, we shall content ourselves with asking if it be rum being already covered, as appears by this Analysis. not a fact, that for want of capital we have been under the may be further observ e d h ere , that the Government, necessity of contracting with fcreign capitalists for work in issuing the bonds of this ken has shown its wisdom ing our mines ; and further, if it be not equally true, sc antl fofesiglit, and the n a ti on w ill be indebted to it for all cording to the Memorial itself, that foreigners have made the advantages it may derive from the confidence inspired their calculations on the basis of the reduced ditties. Con '', our successes subsequent to its negotiation, in the sequently, the mines have received this benefit from the s,, lidity of our establishment, and the adequacy of our reduction of duty—viz. they have been supported by a ' , sources to meet the engagements we have contracted. I very large capital, which the nation could not otherwise lii the details given in the memorial of the application have furnished. made by the ministry of the proceeds of the drat loan, "As the mines do not at the present time produce the i t is said that a payment of 500,000 dollars has been made quantity of metals necessary to meet the calculation made by order of the General Congress, dated the 27th De- in the memorial, and it being impossible that they should ce libeT. 1921, and 2241 March, and 12th June, 1822, being produce them in future, in the event of the re-establish tor claims to that amount aga i ns t t h e Government. The I mcnt of the duties in question--it follows that the public '.ommittee are of opinion that this assertion is altogether a treasury would be de petted not only of the duties, errone :','slake, since on the date first mentioned no general I onsly calculated, bnt also of those duties that would have Kc "gre" existed , and among the decrees issued by the resulted from the progress of mining, if the reduced duties wernment, not one can be found authorising the pay- bad not been repealed. To make this perfectly clear, and Ir e" in questloo, nor there theslightest reference to any' to expose the great errors of the calculations of the memo- li ECA P ITU LA VON. CORRECTED ESTIMAI f:1 OF 11111 NIT RiCTIPTS FOR THE YEAR, A!. RESULTING FROM 11111 ANALYSIS. Duties on Importation and Exportation Dol. 3,273432 6 6 Duties on Introduction into Consumption - 1,868.223 110 Revenue from Tobacco . - - 1,034.1.24 1 l Revenue from Gun porrdex P 4,3013 0 I Alcabals on Tobacco 39.784 7 0 Post Office, Posts, &c. 184.246 2 10 Lotteries ^0.136 7 8 halt Mines Territorics a of the Federation National rroperty Tithes Rents of the See of 3lexieo Rents of the Dignity of Munroe Contingent of the States - Avesta Pegs Government CI :iras Foreign Loan 88,008 o 0 28.517 3 4 42.245 3 10 529,939 5 2 88.929 7 e 8.194 3 0 2,317,127 5 4 10,884 5 11 37,451 4 0 55,573 S 8 2 478,315 4 7 Estimate per Analysis - - Dol. 12.77,371 Ifi Estimate per Memorial of the Minister - 9,7i0,372 3 0 rial, we will refer to a fact, which It is in the power of every one to verify. • " For some years past the mines of Vetagrande have been the principal support of the city and state of Zacatecas. Itnt for them, both the one and the other would have been reduced to the lowest degree of misery ; and although their annual produce may be reckoned at 600,000 dollars, more or less, They have not, for several years, put a single dollar into the pocket of the proprietors. According to the calculation of the memotial, 'and supposing that the pro posed duties should amount to IS per cent. the limn of 90,000 dollars would be paid into the treasury for duties on the (said produce of 000,00 U dollars. Hut as in this case the 90,000 dollars wofild be a (lead loss to the pro prietors. de consequence wotild be that they could not carry them on, but would he under the necessity of abandoning them ; and then, besides the inevitable ruin of a State. we should lose not only the 90,000 dollars errotte ausly calculated, hut the duties now received, and thOte that might be received hereafter. There duties, sit. thoie at present paid on the 600,000 dollars, are 18,000 d 0111 0 .3 produced by the 3 per cent. on metals ; 48,000 dollars pro duced, at the very least, by the sleabale on the different articles of consumption, at present bought with the 600,000 dollars, which, if the y .. 'stem of the Minister were adopted, would not be bought at all, for *ant of funds ; 12,000 dollars at the least, produced by the 2 per cent. on coin' circulated ; and as after sonic mercantile transactions in' the interior, the coin would arrive at our ports, to be ex ported in exchange ter foreign merchandise, after payment of a duty of 31 per cent. making Rl,OOO dollars, and asl the duties on the foreign merchandise thus introduced into the country, would at present ninount, at the very least, to 43 per cent. more, making 2 1 '0,000 dollars, there results a total amount of 359,000 dollars, which would be lost to the treasury, without taking into account other indirect sums, such, for example, as tithes, mint dues, &c. " It will he seen from this exposition, that in conse quence of a wrong calculation, instead of the treasury re- , ceiving the sum of 90.000 dollars, it would suffer an 1 effective loss of at least 339,000 dollars, and a whole State would be ruined. There are several mines in the same predicament as Vetagrande ; in a still worse predicament are those which do not pay their expenses, which are now, and always have been, many; and the same observations are applicable to all those which, from the poorness of the ore, cannot pay their expenses if the high duties arc re-established, It is commonlyobjected that all branches of rational industry arc as deserving encouragement as the mines, and that therefore gee charges ought to press equally on all. The first part of the proposition may be granted with- I nut hesitation. if we limit it to those productions or national i industry which may be exported to foreign countries, or which may prevent the importation of a foreign commodity,l and with reference to the second assertion, we mast observe that that the re- es tablishment of the old duties destroys the equality so desirable to be preserved between this and , the other branches, as in this case it would be more heavily burdened than any other. There are also a great many reasons for giving every advantage and encouragement to ! the mines: in the first place, no branch of industry opens ! so vast a market to the productions of the country, and consequently no branch conuibutes so powerfully to The internal prosperity of the nation. In the second place, no branch so effectively promotes, or can promote our foreign commerce, inasmuch as it furnishes the principal, and, at present, almost the onlyproduction we give in exchange for foreign merchandise: thirdly, no branch requires such immense capital :—fourthly, no branch ex poses its capital to such infinite hazards, since in other branches the outlay and profit may be calculated with sufficient approximation ; whereas in mining. no such cal culations can be made with any certainty, and immense sums are repeatedly lost :—fifthly, in no other branch are the wages of labour so high (in colic quence of the fatigue, disorders, and dangeis incident to mining operations), by which it is rendered less productive, and the profits of the capitalists proportionably diminishe d :—sixthly, no other brunch but this is continued to be carried on when it has ceased to yield any profit. In agricultural, commercial, and manufacturing speculations, the undertaking is given up as soon as it is found to be unprofitable ; but it not so in mining, —the speculator continues the works, though attended with no advantage, sod even with loss, in the hope of being remunerated in the end, either by an im provement in the quality of the metal, or by an increase of the quantity produced. These distinctions arc real and important, and should be taken into consideration by every economist who studies the proper degree of encouragement to be given to the different branches of industry in a mi neral country. Finally, neither the Government should propose, nor 'the Congress decree, the establishment of any duties, which, besides that they press exclusively on the mining States, even in these States cannot operate in proportion to the totality of their wealth ; for it is very possible that their wealth may be equal, and the metals produced very unequal, or vice versa, circumstances which, in either case, would destroy that equality with respect to duties and ob ligations which the Stotts have under the law, and which Congress is obliged to preserve by the 49th article, 4th part, of the Constitution. If it is thought that the mining States are the richest, because they are the monopolists of a production so essential to the prosperity of the rest, this would be a reason for not establishing a contribution which should press exclusively upon them, but for assigning them a contingent proportioned to their greater wealth and re sources. The Constituent Congress took these circum stances into account, when they apportioned to the States the duty of 3 per cent. now payable on metals, and placed, in the assignment of' the respectiVe contingencies, Zaca tecas, St. Luis, and Durango in the rank of the moat wealthy States. Take from these States the consideration they derive from their mines, and in a moment they be come the least important of the Federation; for it is well known that the scarcity of water in these districts is not only very unfavourable to the general progress of agricul ture, but that it frequently occasions the total ruin of the crops, and the death of the cattle, preventing these States from ever reaching, in this branch at least, and those that immediately depend upon it, the prosperity attained by ether provinces. Having thus proved that there is no necessity for the measures proposed by the Minister, that they are contrary to the teal interests of the nation, and opposed to the esta blished system of Government, it follows that they ought not to be acceded to. Fawcett, the excellent comedian, accompanied by his wife, has been enjoying a provincial excursion, during the recess, for the purpose of relaxation and pleasure, previous to the commencement of the campaign at Covent-garden Theatre, when this genuine actor of the Old School will resume his station as perfurtuer and deputy manager in that establishment. In the presence of the Viceroy smoking was prohibited at the Mexican Theatre; but betweA the acts a curtain was let down before his box, that the people might not be altogether debarred this luxury. ANCIENT 1111SII GOLD CROWN.—TiIe workmen M- I ployed in quarrying on the strand near Italtery, for Mr. Mitchell, of Henry street, discovered yesterday an Irish Gold Crown, seemingly of the greatest antiquity. As a claim has been laid to it on the part of the Lord of the Manor, filif valuable relic has been deposited with Mr. Rorke, publican, of Dollymount, until the ownership shall be decided.—Dadia Evening Poet or Saturday. CONSINATION IN DUBLlN.—Walter Purcell and Wm. Neile, slaters, who had been convicted b e f ore t h e Magi strates at College-street Police Office, for endeavouring to induce Mr. Kinsella to join the Batty; and Patrick Nolan and Patrick Gaskin, sawyers, who had been convicted at the same place for threatening men in the employment of Mr. Murphy, builder, have all appealed to the Quarter Sessions from the scatence passed on them by the Ma gist rates.—Daidia Parer. Amongst the great improvements in the neighbourhood of the metropolis, is a very large sewer now building from Newington Turnpike through Walworth to Camberwell, a district which has of late years become extremely populous. The projected rail-way from Monmouth Cap to Here ford is to be carried into effect. The estimated expense of the undertaking is 19,0001. of which 15,000/. have been already subscribed. On Monday last J. Gratton, tagainat whom a true hill was found at the last Spring Assizes for the murder of John Milburn, at Dunkinflehl, was apprehended through the activity of Mr. Lockett. at Macclesfield, the same day, and committed by T. W. Town, E-q. to Chester Castle. OLD BAILEY, TUESDAY, UPI'. el [ Before Mr. Sergeant ARADIK.I Geor'e Ildmilltos was Indicted for stealing sundry Artie*. of plate, the property of Mr. Thomas Smith, in the parish f r ISt. George, Hanover-square, on the 14th September. It appeared front the evidence of a female in the service of Mr. Snii:ll, that the prisoner was observed coming out of her roaster's house, through the area, at about four o'clock in the afternoon of the day laid in the indictment. An alarm was immediately given, and the prisoner pursued, when the stolen property (twelve piker dessert spoons, and three dozen silver forks) was found upon his person. The prisoner offered so defence, and did not call am witnesses. I —1; eery. . . (/s'/earßenjolnin was indic t ed fo r stea li ng i n the dwelling. house of Sarah Raymond, willow, in the parish of St. Leonard, Shoteditch, a gold watch. chain, and seals, the property of Edward Raymond, on the 234 July last. The prosecutt;r's mother is a widow, and keeps a public-house In 13Itoreditch, where there is a billiard table. The prisoner, Sc. comp:tided bY three others, came into the billiard•room on the day In question ; the prosecutor's watch, clutin, and seals, were lying on the table; he left the room for a short time, and on his return found the watch and the prisoner both gone. Within about , 'minutes of the time the p r is o n er was b roug h t b ack, when Ihe denied all knr;xletige of the robbery. One of the misoners companions addressed him in Hebrew, and advised him to give up the property ; and on the prosecutor's joining in the request, the I prisoner offered to do so, on the condition that " he should not be troubled with law." Prosecutor said, "he only ranted to recover his property." The watch was afterwards deliverej up to an officer by the prisoner. On his cross-examination the prosecutor admitted 'having said that he considered the matter as a joke. lie Liao offered to in stitute no proceedings if the watch were returned. The prisoner then said to the officer " if you'll go along with ine I'll give you the watch." On the officer going to the prisoner's residence the j latter delivered up the watch, at the same time saying, " he saw it on the table, and thinking some gentleman who had been at play had left it after him he took it, but had no intention to keep it." lProsecutor and prisoner both treated the transaction as " a lark," and the former was desirous of declining farther proceedings when he came to the police office. The prisoner in his defence reiterated his former declaration, that "it was all a lark," and said he had no intention to steal the watch, but delivered it up as soon as required. Mr. Sergeant /testis; proceeded to charge ne Jury. It was clearly proved that the prisoner had taken the watch; and the only question for them to consider was, the quO animo which at tended the transaction. Did the prisoner take the property with a felonious intention or not ?—that was the point for the Jury to de termine. It had been attempted to represent the whole transaction la s a matter of joke, " and a lark." But was it in be supposed that a strangei would enter a public billiard-room, where he was unknown, for the purpose of larking, and committing so serious a joke as that of taking a valuable gold watch ? The prisoner here interrupted the Learned Sergeant, and stated, that he had frequented the house for a period of three years, and was known to the prosecutor. The prosecutor was recalled, and denied all knowledge of the prisoner. He had seen his companions before, but not the pri soner. The Learned Sergeant proceeded. lie would permit any wit ness to be recalled, and any proper question put ; but would not he interrupted or replied upon in the discharge of his public duty. It was for the Jury to say if the prisoner's defence was to be relied on, and whether, when he took the watch, he did or did not mean to convert it to his own use.—Guilty. Mr. Sergeant Alt AD' N—Prisoner, you are well known, arid the untimely end you would corn, to has been predicted.—Take him away. The prisoner and his companions in the billiard-room were all Jews. Benjamin was very well dressed, and seemed to have had a thriving occupation of it. Eaton Mr. Justice I•I TT LTDALE and Mr. Justice GASELTE. IV. Irynne was put to the bar, charged with stealing 9 pound n /matt°, the property of his master, Mr. Embrick, on the 91st a July last. The prisoner, who was in the employment of the prosecutor, a dyer, was observed in his master's yard, about seven o'clock, in the morning of Sunday, 31st July. Ills appearance and manner having excited suspicion, Mr. Embrick followed him sod discovered, con. cealed, near him, a quantity of ammo, his property. The prose. tutor reproached him with his unfaithful conduct, and the prisoner attempted treescape, but a constable was sent for, and he was taken into custody. Prisoner then said, that this was his first offence ; and directed the officer to his loegings, but stated nothing would be found in them. Several witnesses gave the prisoner an excellent character. Mr. Justice (+Asti-Ex charged the Jury, who found the prisoner Guilty of stealing in a dwelling house, under the value of 00s. but recommended hint to mercy on the ground of his previous good character. N. Blalock and Moro Samuel, two youths of 18, were charged with breaking and entering the dwelling house of George Richard son, in the parish of St. Botolph, Aldgate, on the 28th of July, and stealing therefrom, G pairs of spectacles, value 445. The prosecutor is an optician, living in East Smithfield. About 8 o'clock of the morning of the 28th July, the prisoners were ob served lurking about Mr. Richardson's shop. Samuel placed him self against the window, and Bullock put his hand under his apron while he cut away the putty from a pane of glass, part of which Ilhe forced inward. Samuel immediately put his hand in through the aperture, and took from a small tray which lay in the window six pairs of spectacles. The prosecutor took Bullock into custody with the spectacles in his hand. Samuel was also taken, and both were conducted to the watchliouse, where they were searched, and on the person of Bullock was found, a piece of iron were about. five inches in length with a hook at each end. (This appeared to be an instrument very ingeniously contrived for the purpose of shop lifting.) Samuel wu also searched, hitt nothing was found on him. Mr. Justice I.llct.Trmtt told the Jury, that in consequence of a mistake in the indictment, they would acquit the prisoners of the capital part of the charge. The house of the prosecutor was laid, as in the parish of St. Botolph, but it appeared that it was in the parish of St. Botolph-without. However, there could be no doubt of the prisoners' guilt, and the Jury would convict them of the minor offence. Verdict Guilty of larceny. CHARGE OF HORSE STEALING. C. Sterling was put to the bar, capitally indicted. fur felonioUsly stealing a gelding of the value of 201. the property of James genic), on the lath July last. The prisoner, who appeared to be about 18 or 19 years of age, was an extremely respectable looking young man, and from his dress and demeanour, as well as the facts which transpired in the course of the trial, appeared to have moved in a highly respectable rank of society. There *as no Counsel for the prosecution. 31r. Boi.L.astb conducted the defence. Martin, jun.—l am a riding-master, and was in the employment of my father, who keys a mews and riding school in July last. Saw the prisoner in July at the riding-school ; he came to hire a horse ; it was about the middle of the day, and he said lie wanted it for about two hour-. to go to Poplar, for which he paid me Bs. 9d. It was a grey horse, and there was a bridle and saddle. The horse was worth thirty guineas. The prisoner rode away on the horse, but I did not observe which way. Ile said he should' return in two hours, but he did not. I saw him next on the 2d of . August, two or three days before the horse was found. Cross-examined by Dlr. Box LAND —Prisoner is eighteen or nineteen years of age ; he used to attend at the school, and in that manner we became acquainted with him. The prisoner did not return with the horse, but 1 found him at his residence. I called a second time, and when I went in, I heard the prisoner had gone to 1 Windsor, but I did not hear he had been robbed. Mr. Thumwood, a postmaster, at IViodsor.--1 saw the prisoner on the 15th July riding a grey pony through the town. I have a tinnt a little way out of Windsor, and on my return home I think the privoner came into my office, and my porter said this was the gen. tleman that wished to sell his pony. I went to the Swan Inn to look at the horse, and having seen him, rode him up and down. I met Mr. %Maier. endue we were returning we met the prisoner. I asked him the price of the pony Ile told me his father had given twenty fooulitls for it ; but as it was not able to carr y l i i m , h e would sell it for thesame. 1 told him I did not t!iink it worth that, and he then asked fourteen or sixteen pounds. I told him the horse MRS lame, and offered ten pounds for it. lie said he could not take that, for it would be losing a hundred per cent. ‘Ve went down to the Swan, and the prisoner said he wanted money, and I should have it. I then rode the horse home, and told Lilly white, the mas ter of the Swan Inn, that I should send the money down to him to pay the prisoner. I went home, the prisoner hrs: giving me hip address, " Mr. Charles Sterling." 1 sent to town to know if there was such a person, but receiving no answer, I paid the money about nine o'clock on that evening. - - ('roar-examined by ➢lr. 1101.LAWD.--1 am Mr. Lillywhite's partner. I told my man to inquire if the young gentleman would sell the pony. Mr. Lillywhite said he would not let the horse go till his bill was paid. I sent the money to Lillywhite. I did not hear the prisoner was robbed by same woolen the night before. Richard Martin—l live with the last witness, and was directed by him to inquire if the prisoner would sell his pony. Prisoner came on the Saturday, and asked me nt • lint hours the coaches started for London. I told him, and also the fire outside and in. Prisoner said, •' I was very tipsy last night." I replied I thought he was, for I had seen him. Ile added," I got a violent fall t" and I remarked I thought he was out of his mind. Prisoner said he " would sell the pony, and buy one that would suit him better." I told him I had no doubt but my muter would buy it, and asked the price. He told me about 141., and that he had paid 20/. for the pony, but would part with it and the saddle and bridle for 141 Illy master gave me ten sovereigns the same evening to pay for the pony. I took them, and went down to the Swan 1 nn. I paid the prisoner, and got a receipt signed "Charles Sterling." Cross-examined by Mr. BOLLARD—I never mentioned a word of my master's intention to buy the horse till the prisoner oared to sell it. I did not know the pony was detained by Lli,ywhite. but I thought as much. for I believed he was short of motley. lie was tipsy the night before, and had hers seen riding through the town in such a manner that many thought lint tnad. It was just before dusk on the Friday that I saw him, and lie was very tipsy. Ili■ back was soiled with dust. 51r. Martin, the elder. the owner of the horse, identified that bought by Thumwood as the hone which was taken away by the prisoner. I first saw my pony on the 4th of August, alter the I I , h July. I saw the prisoner tile 2d August at his house. I don't know that I ever saw him at the riding-school. On the 2d Atigiutt I went to the house. The prisoner came down stairs. I asked if his name was Charles Sterling ? Ile answered in the affirmative. and then walked into the parlour end sat down. I asked if he had hired a twat at ay school on the 14th of July ? kle said he did. eked what he had done with it ? He toia me he had sold it It Mr. Thumwond, coach proprietor at Windsor. I then asked hist if he wrote a letter I showed hint ? He replied be did. I the* asked him how I was to receive my horse back. lie wad he could out tell ; but that he would remunerate me for the loss of my hottest some future period. I asked him to state when ? Ile could not state exactly what time, but that he should be in possession of money at some other time. I inquired if he bad any friends that would guaritnee the payment of the horse? Ile said not. I thew said I could not suffer myself to be reblied with impunity ; and if he not being some one forward to be guarantee for the pay. • mein for the berm, I must charger in officer with hint. My sett was outside, add he went and fetched an officer. The letter nientioned in the evidence of this witness was here pat ir.enct read. tt :stated, that the person who had taken away the prosecutor's home bads* it under very peculiar circumstances, and without so intending at ttfe, time of hiring it, or being fatly aware at the period of i ts brine solid of the serious nature of the offence. It added that the unfortunate culprit was of a highly resisocoible fa. milt', and had friends to whom a knowledge of his guilt could not fail to prove fatal. I t f art h er stated that the prosecutor should be remunerated tor his loss, and concluded by conjuring bias to pay a merciful attention to the request contained in it. The letter was well written 1n point of style, and evinced that the writer possessed talents and acquirements of a high order. Cross-examined by Mr. BOL LAk h—On inquiring I found where the prisoner's family lives!. If he had given me the guarantee this proceeding would nut have taken puttee. From the conduct of the prisoner. I think that at the time of his having the horse he had no intention of stealing it. His subsequent penitence induces me to suppose that was the cane, and that his disposing of the horse wee the consequence of present diuresis. Abraham Lorimar, the officer who apprehended the prisoner, stated, that at the time of his apprehension he admitted having hired and disposed of the horse in the manner described. This was the case for the prosecution. Mr. Floe Lawn submitted that there was not sufficient evidence,. to go to the Jury of the felonious intent at the time of hiring thee horse. Mr. Justice GAS£LET thought there was evidence to go to the Jury ; whether it was sufficient or not would be tar them to say, He would put it to the Jury to decide with the proper observation* which might be necessary to direct their decision. Mr. Martin, jun. begged to gi.ie it as his opinion that at the time the prisoner hived the hone he did not mean to dispose of it, but intended to returnit. Mr. Juytice GASX LEE was potty he could not listen to the hu mane suggestion of the prosecutor; but it was the peculiar pro. vince of the Jury to determine upon the felonious intent which did or did not accompany the hiring. The prisoner, being called on for his defence, addressed a few words in a very low tone of voice to the Court. He protested that he had never premeditated the feloniousaction„ end fully intended to return the horse to the owner. Mr. Martin was mistaken in represent ing him to have said that he was going to Poplar. The fact was, that while at Windsor he had Unlinottiately fulleu into improper com pel''', and been totally deprived of the small means he at that time peisessed. The bill from his inn WO then resented ; he had no money to discoarge it, and did not know ho p w to art. lie would have gladly returned to town by one of the Windsor coaches if be had had a few shillings in his pocket to enable bins to do so. Placed in this awkward situation, he did not know what means to resort to in order to extricate himself from the dilemma and dire. dirty. Under the overwhelmjng pressure of these circumstances he had disposed of the horse to Mr. Tltumwood, without reflecting 'O4 or being fully aware . of t h e serious tenure of the offence he wa. coremitting. He solemnly protested, that - st the time of selling th-t horse he was not fully aware of the criminality of the act. He had afterwards consulted a friend, whom he informed Of the act he had committed, and lie then learned that he had been guilty of a capital offence. He again declared that he had not premeditated a felonious act tid he arrived in Windsor, and trusted the Jury would take into their consideration his inability to attempt any thiog like a de fence, pressed down as he was by a sense of the shame and disgrace attendant upon his crime. Ile had fully intended to afford the prosecutor every remuneretion in his power at the very first oppor. tunity.. Several respectable witnesses gave the prisoner a very high chatacter. Mr. Martin. jun. was recalled, and eaplained his evidence with respect to the place mentioned by the prisoner at the time or hiring the horse. Witness thought the prisoner said lie wasgoing to Poplar, but could not be sure of It. He might have mentioned some other, place; and the horse was not let to the prisoner by dis• lance, but by time. Mr. Justice (Wexler charged the Jury at corsiderable length ; and,. alter recapitulating the evidence, put it to the Jury to us, whether the prisoner, at the time he hired the horse, intended to steal it or not. If they entertained a reasonable doubt on the sub ject of the felonious intent, they would give the prisoner the bench: of it, and return a verdict of acquittal The Jury immediately acquitted the prisoner. Mr. Justice GASTLTE—It is a very proper verdict. Under the circumstances of the case it 'could be saying too much to convict i the prisoner of the offence. tßefore the REeoitnEn..] EM BEZZLEM ENT. R;chardr, aged 18, a clerk in the employ of Mr. Richard Wilson, a whartinger, was put to the bar for embezzling a check for 10!. and upwards, the property of his employer. Mr. C. PHILLIPS stated the case, which was afterwards detailed in evidence. Mr. Richard Wilson, knew the prisoner at the bar for six months put; his employment was the collecting of money. Witness keeps the Hamburgh Wharf ; it was the duty of the prisoner to deliver to him, or his two clerks, all checks he might receive be fore he got them changed. The prisoner remained in his service till the 6th of June, when he fled, and did not see him again until he was in custody ; he hatl caused tw6 sets of bills to be printed for his apprehension, with a reward of 23 guineas. Mr. John Newbolt, a hoop-bender and merchant, knew the house of the prosecutor the draft I now hold I drew, and gave i: to my brother in Potter's-fields. Southwark. Mr. Charles Newbolt, last witness's brother, proved that the draft now produced he gave to the prisoner, and received his ac knowledgment for the payment. Mr. R. Wilson again called—Ts agent to Messrs. Wallis and Foy ; the check was for the freight of a barge load of goods landea at the Hamburgh Wharf. John Wilson, clerk to Messrs. Remington and Stephenson, the bankers, stated he could not say that he paid the draft produced witness, however, had made the entry into the book. deorge Dare, a cletk in the house of the prosecutor, knew the prisoner's hand-writing, and the d ocumen t now produced he has no doubt was the prisoner's. The letter was now read : it purported to acknowledge his fault ih leaving his master's house, and the alteration it would make k, him, if his time was to come over again ; he kn ew hi s employe would prosecute him to the utmost ; and he said why should he hot, as he had embezzled from him to a considerable extent, am, If he did not now prosecute him, he (prisoner) would repay him a; a future period. Dare, a clerk to :Hr. Wilson, proved that he (prisoner) had never accounted to him for the draft produced. He did not a. count to him for any business done at the Hamburgh Wharf. a. his counting-house in Tooley-sheet. Mr. Nelson deposed, that on the 7th June last the prisoner it s travelling with him, and went by the name of Smith ; he alsa showed him a quantity of sovereigns amounting to about 80f. I: was do the rosu to Ramsgate. Sladden, an officer at Ramsgate, stated thaton the 13th July bast he saw the prisoner, whom he addressed as " Richard," when he said, " Are you an officer from London ?" he replied, " No • but he was a constable." It was at his lodcings in Iligh-street, R.aras gate; he denied going by the name of Smith. lie pleaded extreme distress, having spent all his money, and spoke most highly of his master, Mr. Wilson. phis was the case for the prosecution. bit. BRODERICK here took an objection to the indictment, lOU much that it should have been laid in the county of surrey, and not in London. The objection was overruled. but the point urged by the Lewin.: Counsel respecting the difference between the draft and a ban ker'4 check, the Recorder reserved for the opinon of the Judges. The prisoner declined saying any thing, but left it to his Connie who called several witnesses, who gave him an excellent character. The R xcoangn summed up the evidence, and the Jury, after a few minutes' deliberation, pronounced the prisoner guilty, bac begged to tecommend him to mercy in consequence of his previous good character. NEW COURT. [Before Mr. COMMON SERGEANT and a Middlesex Jury.) kitert Fear was indicted for stealing two cart-leads of slates.' on the 21st April last, the property of Mr. Stothcrs, his master. Mt. StOthetti deposed that he carried nn business at Orosvenow., wharf, Milbank. The prisoner was in the service of witness last July. and had been so seventeen years. A man of the name ot Hoskins. whorl°, also carried on the business of a slater, left the service of witness about two years and a half ago. A bout the 21st of April, a barge of duchess slate arrived E his wharf; he gave the prisoner orders to take two or three cart-loads to the Penitent tiary.. He gave no orders to take any to Hoskins ; he never ha.t any dealings With Hoskins. Cross-examined by Alt. A I.LET—IIe did at one time give the prisoner orders to sell slate. In April last the priomer had no as_ thorny to sell any slate but what was called waste slate ; the prt 100er did nevertheless continue to sell slate contrary to the orders of the witness. Prisoner on the Saturday preceding his being taken into custody paid witness I!. on account of sales of slate. By Mr. A DOLPIItTS—Had the prisoner ever any authority to sell slates b the cart-load ? —N ever, Jnlm We bb, a carter to the prosecutor, deposed that he remem bered the two cart loads of slate in question. The prisoner gave him orders to load these two carts from the barge, and carry them to about live hundred yards beyond the Pentie,tiary, and said Thomas Hoskins would meet him there and tell him where he sag to unload. Thomas Iloskins gave witness five shadings foe each cart-load. Ile did not generally receive so much for unloading_ Did not make this known to his master, bat owned it when found out ; witness told the prisoner that he thought all this was not right, and that It would be found out, to which he replied, that this was no matter that concerned hint (the witness). James Bradley, • slater, in Mr. &other e employ, stated Ma he saw the slates loaded. and canted beyond the Penitentiary. Thomas Pearce, the constable, said he apprehended the pi sonar. and was present at the rumination. No promise or threat wits held out to induce the prisoner to make any state. meat. He apprehended him on the 30th of June, in his own. room. As he was going down 'the Millhank-roati, the prise_ inner was much agitated, !cant as the witness's shoulder, and al. most fainted. He I know I have done wrong to my mu. ter; if 1 hail hearkened to my wife, this would not have happeneti. He said nothing about Cu slaws. Mr. COMNOW-SERCEANT briefly charril thc Jury, who im. meshately found the prisoner Guilf. k. I.