The British Press; or, Morning Literary Advertiser. — London, England, 1824-02-26 00:00:00

EAST INDIA HOUSE. BAILEY HU Rl' COLLEGE. An adjourned Special Genrral Court of Proprietor of East India Stock was held yesterday at the Company's House in Leadenhall. street. on the erg Pon the propriety of applying to Parliament for the repeal of the dealt clause of the Act of the 83d of Geo. 111. cap. 1.14, by which the Court of Directors is prohibited from sending to India, in the c apacity of a writer, any oemon who shall not have resided during four terms at the I lailey . biny College; and for introducing into the said .act a clause, appointing a public examination at such times and under such regulations as the Court of Directors, with the ap prelnuion of the Board of Control, may direct, to which examine. : Lion all persons shall submit their acquirements and qualifications for approval, previous to thei. being permitted to proceed u the , capacity of writer to either of the Presidencies of Fort William, Fort St. (;eorge, or Bombay. We regret that we can only give a brief abstract of the proceed. logs, in which a very numerous Court seemed to be greatly inte rested, in consequence of the exclusion of the reporters from that part of the Court in which, by courtesy, they have hitherto bees accommodated among the Proprietors. The gentlemen of the pub- I -be press were therefore obliged to take their stations at one end of the gallery, the construction of which necessarily deities them every facility Inc hearing and teeing. We cannot refrain from oleacreing, that while the reprep orters , as they . were told, in pursuance of or given by the Chairman, were rigidly excluded from entering the body of the Court. a great number of persona, not Proprietors, were allowed to take their seats there. The CRAI s m Al; having stated the purpose for which the Court was specially convened, The Hon. I). KINN Alan introduced the motion in a speech of considerable length. He said, that the General Court of Proprie tors was the last place in which the College ought to be discussed, if it was possible to avoid the consideration of it there ; hut having found all former efforts to induce the Court of Directors to take up the subject unavailingly, he felt hiinsell reluctantly compelled to bring it before the general body of proprietors. The College, he said, which was intended to have been granted as a boon, was by erne clause in the Act unfortunately converted into a penalty, and an object of just and necessary terror to every parent who looked , forward to the education of his son fur India. It was impossible that any seminary of learning could be well governed without arbitrary power in the hands of the professors, to k irevent contagion, as well as punish crime. The College Council ought to have full powers to act is loco ptrentir ; whereas at present no student could be expelled until he had infrir.ged some l'ollege statute to the letter. Until then, he was at liberty to spread the contagion of his irregular and insubordinate habits. and perhaps corrupt fifty others. At last he was formally expelled, net to the credit of the institution, and to his own public diagram and ruin. Every ex pulsion put the College on its trial before the public, and the evil was aggravated in every possible shape. Mr. 3lalthus, the emir I nem professor on political economy, at the College. had expertly mated, that until the power was possessed by the College Council, of removing a vicious or refractory character, without clamour or cavil, no hope could be entertained of the gradual removal of the insubordination that had prevailed there. At Oxford or' Cambridge the professors word(' probably advise retirement in the I ease of a student likely to prove a bad subject, and he would retire ; on such advice, knowing the power the posaessoes had of rendering! that compulsory, which in the first instance they wished to he spontaneous; but at the liaileybury College the professors had no ! such power; nor could the pupil retire, because he was compelled to serve four terms there, in order to qualify himself for any mei pointment under the Company. Mr. Malthus remarked, that in consequence of the value of the appointments and the severity of the punishment, there was a relucta n c e to exercise it. Every I parent &meted to send his son to this college, though there could I be only two reasons why the benefits of public educat ion should be declined, namely, either because better tuition could be obtained in private, or because there were some dangerous defects in the insti tution. When the tally of a day might ruin • young man for life, it was enough to deter every parent from sending his son to such an institution. The fair course would be, if the student could not con. form to the regulations of the College, to allow him to go elsewhere and finish his education where he pleased. He might then, per haps, return to his old colleagues, and pass his examination with honour. The great reform desirable in the management of the Col lege, wee the possession of arbitrary power in the professors. It was impossible by any code to comprehend every case of academi cal delinquency. Nor could anything be mote ridiculous than the superintendence of the Court of Directors at this distance from the College. In every point of view, the removal of the compulsory clause would prove highly beneficial to the College. Wh, if • stn dent were competent in two terms, should he be compe ll e d to re main at the College four terms? The Naval College at Porte mouth was instituted to give education to youngsters on booed the navy, on the same . princsple no which the Haileybury College was instituted for the creileervants of the Company. At first no great stitC4llll attended it, and the naval captains even advised that the boys should be sent to sea at once. 'The professors felt the impute tnin and infused fresh Teal into their exertion, and, finally. the College rose to the high repute it at present enjoyed. The applica tions far athaiesion nom far exceeded the numbers that could be adniittod. The college at Haileybury was, on its establishment, ilooked upon with an evil eye by those who were about to send their sons to India. They regarded it as an obstacle of two yeses interposed in the way of their progress. The object of the Compa ny in its institution, was to insure their civil servants • good edu cation. In pursuit of that (Non, they had most unwisely imposed a restriction on themselves which he now wished them to remove. It was argued by some, that it 'would be better to abolish the Col lege altogether, as it was supposed whale could go there except in ANAlltiplt:llCC of the compulaory taus. Bat though he was not disposed to expend his own money, or the of the Company nnne emsarily, he would advise that the College should be continued, if only au students were educated there. A spirit of emulation would be introduced, by which the College would soon rise to a level with the wants of the Company's students. This was a momentous epoch in the history of education. Till kitely our p u blic schools were reading the very grammars ordained by Henry VI. for the schools of his day. At a period not very remote, the mathematical examinations at Oxford were in such a state that they became a re. preach to that University. What was the consequence ? The mathematical students all went to Cambridge, and the prolamin at Oxford, in their own defence, were compelled to re-edify the re putation of their University. With respect to the objection to the test he proposed, he begged tie Court to notice that there was a test already in existence—a strict, written. defined test, the word* of which lie would transcribe. All he asked was, to give the stu dents an option of arriving at the qualification for passing the test by other means. Ile should hold it as little short of sacrilege to destroy the College. Ile was anxious to see the evils that deformed it removed, and the full benefits of the institution reaped by the Company. Ile trusted the question would now be settled, and that the Court would not again be le v itated by it. The Honourable Proprietor concluded with • motion in accordance with the requi anion. The CUAI R }IAN, after complimenting the Honourable Proprie tor for the mild and gentlemanly manner in whirh he had delivered , his sentiments, said that as he perfectly agreed with him that the General Court of Proprietors was the last place in which the' q'srstion should be discussed, he would confess, that he had in tended, if it had not been for the centinuill notice' given by the Bono:treble Proprietor, to have taken up the subject before he left the chair. He, therefore suggested, that it would be advisable for the I lonourable Proprietor to withdraw the question, and leave its consideration to the Executive Body of the Company. The Hon. Proprietor was in error as to the power of the professors. During the first term (six months) the residence of the students was clearly probationary. 'The certificate applied not only to their proficiency in their stndies, but in their conformity to the regulations. It also tocluded their general good conduct. The Hon. 1). Kr NAI lin was disposed to meet efie proposal of the Chairman, if the Court of Directors would accede to his motion or something equally affecting the main or general question. But if there was no hope that the Court of Directors would give the Professors the power he asked for them, be could see no benefit to be gained by postponing the question. Mr.llit sir. said, it was desirable that no time should be lost in rendering perfect the means of giving their civil servants an excel lent moral and scientific education. It could not be left in better hands than in the Court of Director, if they were inclined to take it up. lie therefore suggested that the queition should be referred to them foe consideration. If the motion were withdrawn it might' , appear that Iris Honourable Friend had abandoned it. The CHAIRMAN said, he was afraid he was only creating diffi culties instead of removing them. Ile could not commit the Court of Directors as :he Hmiciumble Proprietor (Mr. Hume) wished, nor hold out any such hope or rocouragenent as the Honourable Proprietor 'teemed to require. The Hon. 1) KINNAIRD explained. Mr. R. JAI: e mis wished this particular question to be referred to the Court nr Directors, for them to consider the propriety of pe titioning Parliament respecting it. The CURIA MAN said, after what had passed the discussion must go on. Mr. Cairo runts, after apologizing for intruding himself upon so important a discussion, proceeded to reply to the argu ments of the lion. Mover. He KIM no novelty in them. They were the same that had been refitted in 1817, by the late Mr. Grant. The servants of Compeny were not to be educated now as factors or agents, but as statesmen and magistrates. There might be some defects in the institution, but all seminaries of learning in their infancy were liable to abuses. Ile had no doubt that the Universities of Oxford and Cambridge, though founded by royal mower in its greatest plenitode, had suffered from similar causes. 'the question was not what intik iduel disappointments might have been sustained, but whether the millions subject to the Company in India were to be well or ill governed. Por NIDER refnrod to the oricin and history of the College, which he contended had been productive of great benefits, both to India and the Company. Ile wa• therefore averse to any change in its constitution. The test proposed by the lion. Mover would dtrle into an empty form. . er l a t ( we believe) supported tb: motion. Mr. WEEDING wished the College to be assimilated to our great public schools. He could see no objection to allow the stu dents to take their degrees afterwards at the Universities, and then mum and undergo the test. Mr. TwININO saw no reason to innovate on regulations which had been maturely considered and wisely adopted. At no period had India had IGOECeilicient servants than from the College. Mr. S. Hixow was of opinion that the youths educated at the l'ellege should receive a decided preference, but nut a monopoly of the Company's patroosge. Mr. Cuatxans considered it advisable to refer the wbola question to Parliament. Mr. Isirrx defended the regulations of the College. Ana ppli. cation to Parliament was, in his opinion, exceedingly pacilous, and ought to be resorted to only on a clear necessity. If die Court ,sented is the motion it would be a suicide' act. Mr. OARAGAX said the praetir,al effect of the clistenet of the 'Conege wu to transfer the whole patronage of India into the hands of the professors. Mr. R. JACKSOIII supported the motion. Mr. 310 e Er then rose to address the Court. when 31r. I steer moved an adjournment to Friday. Mr. Tamer seconded the 'notion. The Conn divided, when there apßeared. For the Adjournment 42—Against it 32--.3f ajority 30 The Court was then adjourned till Friday next (to-morrow). FOUR PFR CENT. ACTS. The following is an official copy of the Resolutions moved by the Chancellor of the Exchequer. Their vast import ance to so groat a number of individuals throughout the country induces ua to make room for them : RESOLUTIONS. " 1. That all and every person and permits, bodies politic and corporate, who, on bvbzif of themselves, or in trust thr others, now is or are, or hereafter may be. interested in or entitled unto, any part of the national debt, redeemable by law, which now carries an interest after the rate of 41. perceutum per annum, and is usually known by the name of " four per cent. annuities," the dividends of which are iwiyable at the Banl• of England on the Nth day of April and 10th day of October. ir. each year, and who shall not signify his, her, or their assent to accept 31. Ills. per eentum annuities, upon the terms and in the manner hereinafter mentioned, shill, on the Ifith day of October. 1024, receive the sum of 331. Ns. Bd. per ten tum for every 1001. of such four pounds per centum annuities which may he then standing in hit, her, or their name or names, and one-this 1 part of the capital of such annuities shall, from the said Illth day of October, 1N24, be considered as cancelled and paid of. and no interest shall from henceforth accrue or become payable ,thereon. " 2. That providon should be made by this House for paying off such proprietor or proprietors of the said four pounds per centum annuities as shall not signify his, her, or their assent to accept and receive a share in 31.105. per cent. annuities in lieu thereof. " 3. That all and every person or persons, bodies politic or cor porate, who shall hold or be possessed of any such four pounds per cerium' annuities, and who shall, on or before the 6th day of April, 11124, signify, in the manner hereinafter directed, his, her, or their assent to accept and receiee3l. les. per cent. annuities in lieu of his, her, or their respective share or shares in the said four pounds per cent annuities, shall for every 1001. of such 41. per cent annuities receive 1001. Capital stock in a new stock to be created, of 31. 19s. per cent. annuities, the dividends or interest of which shall be paid and payable at the Bank of England on the bth day of April and 10th day of October in each and every year, and the first payment of which shall be made on the sth day of April, 1112.5; and the said annuities shall be subject and liablito redeems. tion, upon and at any time after the 10th day of October, 1829. " 4. That all and every person or persons, bodies' politic or cor porate, possessed of any part of the said four pounds per cent. an- guides. and who shall desire to signify his, her, or their assent to receive 31. 10s. per cent. annuities in lieu thereof, shall, on or before I the said 4th of April, 11124, but within the usual hours of transact ing business at the Bank of England. by themselves, or some agent or agents for that purpose duly authorised, shmify to the Governor and Company of the Bank of England melt asaent,in writing, under his, her, or their hand or hands, or the hand or hands of his, her, or their agent or agents, together with the amount of his, her, or their respecure share or shares in the said four pounds per cent. ennui- tien, and which said assent shall be entered in a book or books I to be opened and kept by the said Governor and Company for that purpose ; and in case of any transfer of such share or shares of I such annuities, or any part or pans thereof, after such assent, the part or parts of such annuities so transferred shall be entered in the said book or books of the said Goverror and Company separately from the said four pounds per cent. annuities, in respect of which no such assent shall be signified, and every person or persons so assenting, or his, her, or their assigns, or the executors or admi nistrators of such amens under any such transfer, shall, from the 111th day of Oct. Ind, be entitled to 10,11. of such 31. 10%. percent. annuities, in lieu of every 1001. of their said 4 percent. c capital stock:- provided always, that if any perm') or persons holding any such fear pounds per cent. annuities shall rot be within the Unfits of the United Kingdom at any time betwen the 24th day of February. 1824, and the 6th day of April, 1823. but shall be in any other part of Europe, it shall be lawful for such person or persons to signify such assent at any time before the lit day of June, 1824 ; and at any such person or person shall not at any time between the 24th day of February and the Ist day of June, 1024, be within any part of Burope, it shall be lawful for him, her, or them to signify such assent at any time before the Ist day of 31areh„ 18 . 25, such person or persons proving us the satisfaction of the Governor or Deputy Governor of the Bank of England, his, her, or their absence from the United Kingdom, or out of Europe, as above specified, and that his, her, or their share or shares of such four pounds per cent. annuities stood in his, her, or their name or names respectively, or in the name or names of any one or more trustee or trustees, on his, her, or their behalf, in the books of the Governor and Company of the Bank of England on the 24th day of February, 1824 :--pro- Tided also, that such person or persona so absent nom the United kingdom. or nut of Europe, shall signify andh h t , her, or their assent within ten days after his. her, or their return to the United Kingdom. " b. That the interest and dividends payable in respect to the said 31. 10s. per cent. annuities, shall be charged and chare,eahle upon, and abet be issued and paid nut of the consolidated fund of the United Kingdom of Great Britain and Ireland, in the same manner as the interest and dividends of the said four pounds per emit annuities now stand charged on the said fund. " 6. That all and every person and persons, bodies politic and corporate, and their successors, executors, administrators, and as signs. wheron the 10th day of October, 1824, shall be possessed of, OT entitled to, any of the said filar pounds per cent. annuities, and in respect of which an assent shall not have been signified w ithin the periods, and in the manner hereinbefore expressed, to accept and take 31. 10s. per cent. annuities in lieu thereof, shall be, and they are hereby declared liable to be paid, the remaining two-third parts of their said capital stock, at such time or times, and either In one sum, or in such proportion or proportions as may be ap t painted by the Commissionen of the Treasury, provided that six months' notice of the intention to make any such payment or pay ments be published in the Loudon Gesette, and also affixed upon the Royal Exchsnge of London, and provided also that not less than one-tenth part of the remaining capital stock should be paid offal any one time. " 7. That every proprietor or proprietors of the four pounds per cent. annuities aforesaid, shall receive the dividends of the said an nuities due thereon, on the 10th day of October, 1824. " & That it shall be lawful for the Accnuntant-General of the Cnurt of Chancery, and also for the Accountant-General of the Court of Eschequer, respectively, at any time before the said 6th day of April, 1824, to signify to the Governor and Company of 'the Bank of England, on behalf of any suitor or suitors, or others interested in any such four pounds per cent. annuities, standing in the name of such A ccountante-Generel respectively, their went to accept and receive shares in the mid 31. 10e. per cent. annuities, in lieu of all such four pounds per cent. annuities, standing in their names respectively ; and the said Accountants-General of the said ' Courts of Chancery and Exchequer, respectively, shall be fully indemnified against all action*, suits, and proceedings, for or in respect of any action, matter, or thing, done by them respectively In pursuance thereof. is 2. That all executors, administrators, guardians, and trustees of or for any person or persons, anti all committees of the estates of idiots and lunatics, who as such shall have the control over any share or shares of the said four pounds per cent. annuities, stand ing either in theirown name or names, or in the name or names of any testator or in estate, or of any infant or infants, or idiots or lunatics, or other person or persons, may signify such assent as aforesaid, and if either of any two or more of such executors, ad. miaistrators, guardians, trustees, and committees shall reside out of the United Kingdom the period within which such assent may be signified, shall be regulated by the residence of the most distant of such executors, administrators, guardians, trustees, and nom. miner', in each case ; and all executors, administrators, guardians, trustees, and committees. signifying such assent, shall be severally and respectively indemnified in respect thereof. " 10. That all and every person and persons, bodies politic and corporate, who on behalf of themselves, or in trust for others, now is or are, or hereafter may be, interested in, Or entitled unto any part of the national debt, redeemable by law, which now carries an intersect after the rate of tour per cent. per annum, usually known 1 by the name of " four per cent. annuities and government deben- 1 tures," the dividends of which are payable at the Bank of Ireland on the sth day of January, and the sth day of July, in each y ear; and who shall not signify his, her, or their anent to accept 31. 10s. per cent. annuities upon the terms and in the manner herein after mentioned, shall o:i the Lth day of January, 1825, receive the sum ' of MI. lit.. hi 1. per cent. fir every 1001. of such 41. per cent. an. :mines which may be then standing in his, her, or their name or names, and one third part of the capital of such annuities and de bentures shall, from the said sth day of January, 1825, be consi dered as cancelled and paid off; and no interest shall from thence forth scenic or become payable thereon. " 11. That provision should he made by this House for paying off such proprietor or proprietors of the said four pounds per cent. , annuities or debentures, as shall not signify his, her, or their assent 1 to accept and receive a share in 31 . Uk. per cent. annuities, in lieu thereof. n 12. That all and every person and persons, bodies politic or corporate, who shall hold or be possessed of any such four pounds per cent. annuities or debentures, and who shall, on or before the fith day of April, 1824, signify, in the manner hereinafter directed, his, her, or their assent to accept and receive 31. 10s. per cent. an !miles, in lieu of his, her, or their respective share or shares in the said 41. per cent. annuities, or in lieu of the debenture or deben tures holden by him, her, or them, shall, for every 1001. of such Sur per cent. annuities or debentures, receive 1001. espiesl stock, i 9 new stock to be created, of 31. 19s. per cent. annuities, the divi dentin or interest of which shall be paid and payable at the Bank of Ireland, on the 11th day of January, and the sth day of July in each year, and the first payment of which shall be made on the sth day of July, 11125; and the said annuities shall he subject and iable to redemption, upon and at any time alter the sth day of IJan. Iti Sri. " 13. That all and every person anti persons, bodies' politic and corporate, possessed of any part of the said four pounds per centum annuities, or of any such four pounds percent. tlelsenturee, and who shall desire to signify his, her, or their assent to receive 31. 101. per centum annuities in lieu thereof, shall, on in before the said huh day of April, 18'24 (but within the usual hours of trnnsaeting business at the Bank of Ireland), by themselves, or some agent or agents for that purpose duly authorised, signify to the 69. I tremor and Company of the Bank of Ireland, such assent, in writing, under his, her, or their hand or bands, or the hand or hands of his, her, or their agent or agents, together with the amount of his, her, or their respective share or shares in the said four pounds per cent. annuities, or the amount of his, her, or their respective debentures, as the case may be, and which said assent shall be entered in a book or books to be opened and kept by time said Governor and Company for that purpose, and in case of any transfer of rails share or shares of Such an noitiea, or any part err parts thereof, or of any such debentures after such assent, the part or parts of such annuities, or the deben ture or debentures so trantferred, shall be entered in the said hook or books of the asid Govdrnor and Uompany, separately, from the said four pounds per cent. annuities or debentures, in respect of which no such assent shall be signified, and every persons OT persons so assenting, or his, her, or their assigns, or the execu tors or admit:rainier' of such assigns, under an such transfer, shall. from the sth day Of January. 1825 , be entitled to 1001. of such 31. 10s. per cent. annuities in lieu of every 1601. of their said four per cent. capital stock or debentures;—Provided always, that it' any person or persons holding or possessing any such foe: pounds per cent. annuities or eebentures, shall not be within the limits of the United Kingdou: at any time between the 24th day of February, 1924, and the 6th day of' April 1824, but shall be in any other part of Europe, ft'shall he lawful for such person or peremis torignify such assent at any time before the Ist day of June 1824 ; and if any such pereon or persons shall not at any time beim:ea the 24th day of February 11144 and the lit day of June, 1824, be within any part of 'lump!, it shall be lairtlitfor him, her, or thee, to signify such assent at any time before the let day of 1825, such person or persons proving, to the satisfaction of the tra vernor and Directors of the Bank of Ireland, or any two or more of them, his, or their absence from the United Kingdom, or nut of Europe, as abo.'e specified, anti that his, her, or their share or shares of such four pounds per cent. annuities, stood in his, her, or their name or names respectively, or In the name or names of any one or more trustee or trustees on his, her, or their behalf, in the books of the Governor and Cmnpany of the Bank of Ireland, on the 24th day of February 1824, or tied such person or persons was or were the holder or holders of ruch debenture or debentures, on the said 24th day of February, 1824 :—Provided also, that such person or persons en absent from the United Kingdom, or out of • I•irope, shall signify such, his, her. or their assent within ten day s after his, her, or their return to the United Kingdom. " 14. That the interest and dividends payable m respect of the said 31. 10a per cent. a:wittiest, shall be charged and chargeable upon, and shall be issued and paid out of the consolidated fund of the United Kingdom of Great Britain and Ireland, in the same manner as the interest and dividends of the said four pounds per cent an nular% or debentures now steed charged on the laid fund. " I& That all and every person and persons, bodice politic and corporate, and their successors, executors, admeistrators, and as signs, who, on the sth of January, 1825, shall be possessed of, or entitled to, any of the said four pounds per cent. annuities or de bentures, and in respect of which an awient shall not have been signified within the periods and in the manner hereinbefore ex pressed, to accept and take N. Ilk per cent. annuities in lieu thereof, shall be, and they are hereby declared liable to be paid the remaining two third parts of their said capital stock or deben tures, at such time or times, and either in one sum, or in such proportion uF proportions as may be appointed by , the Commis sioners of the Treasury, provider! that six months notice of the intention to make any such payment or payments be published in the Doblis Gazelle, and also affixed upon the Royal Exchange of Dublin ; and provided also. dull not less than one-tenth part of the remaining capital stock or deb.:tures shall be paid off at any one time. " 16. That every proprietor of proprietors of the four pounds per centum annuities or debentures aforesaid shall receive the dividends lon die said annuities, and the interest un such debentures due thereon, on the sth day of January, 1825. 1 " 17. That it shall be lawfnl foe the Accountant-General of the Court of Chancery, and also for the Accountant-General of the Court of Exchequer in Ireland, respectively, at any time before the • said 6th day of April, 1824 to signify to the Governor and Emi -1 pany of the Bank of Ireland, on behalf of any suitor or suitors, or others interested in any such 41. per cent. annuities or debentures standing in the names of such Accountants-General respectively, their assent to accept and receive shares in the said 31. IW. per cent. annuities, in lieu of all such 41. per cent annuities or debentures standing in their names respectively ; and the said Accountants- General of the said ('nuns of Chancery and Exchequer respectively shall be fully indemnified against all actions, suits, or proceedings, for or in respect of any action, matter, or thing done by them respec tively in pursuance thereof. " 10. That all executors, administrator, guardians, and trus tees, of or for any person or persons, and all committees of the estates of idiots and lunatics, who, as such, shall have the control over any share or shares of the said four pounds per cent annuities or debentures, standing either in then own mime or names, or in the name or names of any testator or intestate, or of any infant or infants, or idiot or lunatic, or other person or persons, may signify such assent as aforesaid ; and if either of any two or more of such executors, administrators, guardians, trustees, and committees, shall reside out of the United Kingdom, the period within which such went may be signified shall be regulated by the residence of the most distant of such executors, administrators, guardians, trus tees, and committees in each ease t and all axemitora, adminis trators, guardians, trustees, and mitunittees, signifying such asseat,.shall be secondly and respectively indemnified in respect thereof." It is further ordered, that 31r. Speaker do forthwith give notice, that the four pounds per cent annuities, payable at the Bank of England, which were created by several arts of the reign of his late Majesty, shall be redeemed and paid al LAW INTELLIGENCE. COURT OF KING'S BENCH, .WZDJUDAT, Frs.2s. CLARITY, EXECUTOR OE lIARNABY, C. 11.111INOX. The Cortstox SERGEANT. With whom idle Mr. CHITTY, stated, that this was an action by the senator et s perm named Hamby, deceased, who was hustler le•the Old Ibis Inn, on the Uxbridge -road, to recover froth the deamdunt a stem of 400 L odd, bring Ore residue of 5401. alleged to have been lent by the deceased to the defendant, a gentleman living in Independent circumstances at a place called Aldenhain Grove, in or about the year 1814 or 1815. The evidence of such money having been lent was chiefly circumstantial, depending upon certain admissions of the defend ant, which would be proved, relative to his having paid oft' 1001. of the 1011. and his paying to the deceased, during successive years of his life, several annual payments of M. as interest of 4001. the sum now sought to be recovered. Another strong circumstance was, the defendant's asking Mr. Clarke. the plaintiff, whether he had any doubt of the deceased's hand-writing, for that he had a re ceipt of his for certain payments, reducing the balance to 1281. and the defendant's afterwards going to another witness, requesting to know if the deceased could read or write, and, bring answered in the negative, the defendant expressed much surprise. Another ad mission of the defendant in 1816 was, that so much interest was due on the 4it01., but that he could not then pay it. The defendant, in answer to this action, denied that these several alleged payments of interest were other than money lent by him to the deceased, and that in fact, no such loan was ever made by the deceased to him the' defendant. Evidence having been given forthe plaintiff, Mr. SCARLETT, for the defendant, took objection under the statute of limitations, that the admissions of the defendant, with exception of 1. 2 91. were not proved within six years of action brought. The Lonn Cute., JUSTICE directed the Jury to find for the plaintiff to the amount aihnittnl within six years. Verdict for the plaintiff—Damages 1291. lits. and costa. COURT OF COMMON PLEAS, WEDNESDAY, Fes. 25. I Adjourned Sittings after 'Mary Term, o• Guildha ll , is Loudon, before the 1..0 RD(' II lEF J USTICE and Special Jaries.l RI:MARMON v. HELLISH. Mr. Sergeant VAUGHAN (with whom was Mr. Ilove) stated, that he was under the necessity of making an appeal on behalf of the plaintiff, for a breach of agreement on the part of the defend ant ; an agreement which he was bound in law, in honour, and in justice, to fulfil ; and he (thc Learned Sergeant) had no doubt that the Jury would give the plaintiff adequate compensation in da mages. The plaintiff is a Captain in the service of the East India Company ; the defendant is a ship-owner. The Jury were aware that it was usual to charter ships to the service of the East India Company for a certain number of specific voyages. The plaintiff; Captain Richardson, in January 1819, was Captain of the Minerva, and a gentleman named Mills was Captain of the Marquis of Ely. The defendant purchased the M inerva, of which the plaintiff' was Captain; but the defendant, wishing to serve Captain Mills, pre vailed on the plaintiff to make an exchange with him in the coin ! mend of their respective vessels. This was done with the consent of the East India Company, but the agreement stipulated, that, in the event of Captain Mills dying, the plaintiff should be restored to the command of the Minerva, which was a vessel of nearly 1,000 tons, and had two voyages to go according to the charter, while the Marquis of Ely's charter was expired. Captain Mille died, and the plaintiff' expected the fulfilment of the agreement, but the defendant refused to fulfil it. The profit on the two voyages might be estimated, at the lowest, at 6,0001. each. He should shortly prove the case in evidence. Evidence was given to prove the agreement between the parties and that the profits of a voyage to thc East Indies in stir h a ship as the Minerva, might be fairly estimated at 8 ,00 81 . or 7,0891. Mr. Sergeant FELL addressed the Jury tie the defendant. His Learned Friend had used very harsh language towards Mr. Mel lish ; he (Mr. Sergeant Vaughan) had assumed, that the defence set up against this action was not consistent either with justice, equity, or honour. Ile (Mr. Sergeant Pell) thought these very severe observations were not merited. Ile then proceeded to ob serve, that this was a question partly of law and partly of fact ; that of law would pmbably not be determined here. Here was a charge against Mr. Itlellish, that he had not acted like a gentle man and an honest man, and be (Mr. Sergeant Pcll) hail, in the outset of the case, given his Learned Friend every paper in his pos• session. The Learned Gentleman then applied himself to the facts of the case, and resd letters from the plaintiff, to shew that the agreement had been given up by the plaintiff, for purposes bene ficial to him. The CHIEF JUSTICE said that the question lay in a small com- The Jury retired for about three-quarters of an hour, and returned a verdict for the plaintiff—Hatuages • ,50U1. During the trials at the Dublin Commission, on Friday, a gentleman in Court, whilst standing beside the Sheriffs' box, was deprived of a phi watch, chain, and Heals. PEACE INGLIS AND NED TUR4ES.—.4 correspondent writes as follows :—" Last evening there was a strong muster of the Fancy ,as well as sporting gentlemen, at Mr. Thomas Dcicher's, the Castle-tavern, llolborn, when, atter a little cholling, the sum of 501. was made good towards 1001. a-side, between P. Inglis and Ned Turner ; the next WI. to be made good on the fah of April ; the! battle to take place on the 20th, when it is to be hoped the friends and patrons of the iing will assume their wonted zeal in promoting and patronizing real gameness and talent, as no doubt both will h. displayed in the highest perfection by both the above-mentioncil pugilists.—Feb. 23, 1LP21." REMARkg ON THE. VAGRANT ACT. 'Continued from our Paper of Feb. 16.1 Return we now to the third clause in the examination of which we'have already made some progress. The weight of vengeance which falls upon the head of the Bear-wards we have seen, as well as the extirpating spirit with which it regards all stage players. We now cynic to " An persons pretending to be (Posies, an persons pretending to tell fortunes, or using any .übtle craft. meant, or dewier., by pal mistry or otherwite, to deceive or impose noon his :Majesty's sub ject.. or playing or betting at any oulawfdl game." Here, to pretend to be a Gipsy is imde a substantive offence. Persons pretending to tell fortunes are classed se parately. it is not necessary, therefore, under this Act, that a person pretending to be a Gipsy should commit any fraud, or be guilty of any species of dab:fluency under that character. Now we should be curious to learn what is m he held conclusive evidence of the crime of pretending to be a Gipsy. Mr. Chetwynd should at least have furnished us wi.l some definition of a Gipsy; for, hiving made the pretending to tell fortunes a separate offence, it would seem as if:there were some peculiar evil properties in the abstract, descent, and character of a Giicry, which justify the inflict ing the severe punishment of a gaol and hard labour on any person who should put in a claim to be included in that itinerant and free-born tribe. This extraordinary people, who are to be found in all parts of Europe, were originally one of the easter of India, driven out of their own territory, but preserving everywhere the same features, manner's, and customs. It is really a curious principle of criminal jurisprudence that runs through this said Vagrant! Ad. Gipsies are not punished, nor even adverted to' as punishable, while all persons pretending to be Gipsies are made to suffer as the Act directs. We really cannot comprehend tl:e wisdom or the justice of this. If it imports any offence to be a gipsy, why does the Act purposely pass it over ? If it does not import any offence, I how can persons pretending to be gipsies incur the penal. ties of an Act, which makes it no offence to be aetualhs so ? In fact, the crime here is, the not being a gipsy. it is as if we should punish a man for not being a rogue, but only pretending to In one! In what school of legisla tion can Mr. Chetwynd have studied ? Ile is, we admit, a most busy and bustling personage ; his activity knows no repose; hut he reminds us all the while of the de scription which IIat.ZAC, in one of his letters, gives of himself—" I do nothing, and never erase." Let us now bring up - tile next class of criminals : " All persons pretending to tell Panne's, or usin • any subtle craft, means, or device. by pahllistry or otherwise, tedecelye and n i mposet o Here p ° r n e a h g a e a n n i y n s o i t i f ) h i e l i 6 s p r i i a t i" profound } . : ,r 4 : il l lawyer legislates i .o s t 1 i a s t es quite n the ciea same r, do not come within the Act ; since it is not those who tell l e qw b u ur t. r ieferettleys wretched ta t h h o a su i t t s art : eß i h m: e e f se pr o i,gn f , o se c u l ,o al y ri y ;rue? ignorance an d s k a :: n n n 'r t g i e l p t a t sa n n ur d d r ,;: s w t e ell ar t e he n m o . t i 1 8 1 so amteintitotin4oualsdteonreact severe laws expressly to protect his Ilia jesty's sohjects from being deceived and imposed upon by magicians of this de scription. Nothing could have induced this pernicious and contemptible intenneddling, but the desire that prevails to bring the most minute irregularities within the cognizance' of County Magistrates, and to indulge that prevailing passion for governing which is daily proceeding to such an oppressive excess. If his Majesty's subjects arc so besotted as to suffer alarm from the prophecies of cards and coffee grounds,—for the statute punishes the pretending to Offer tunes by palmistry nr othericise,--they had better learn wis- Idom by the loss of sixpences, than be thus publicly libelled iby a statute, which, while it protects them, proclaims their imbecility. It is certainly not much to our credit, as an enlightened nation, that it should be necessary to secure us by penal statutes against the consequences of such pitiful credulity. But whatever Mr. Chetwynd may think of the people of this kingdom, we have advanced—with great deference to his judgment be it said—much beyond that period of civilization to which this final enactment refers. Dues he suppose that every lively girl that crosses the Gipsy's hand with silver, puts faith in her predictions? Vs hen the servant-maid learns from the fortune-teller the star that ruled at her nativity. or when the sun-burnt prophetess traces in her expanded palm the line nflife, bids her beware of a dad: man, who is her enemy, tells her of her secret attachment to a fair gentleman, and whispers the first letter of his name, who will one day be her husband ;—in all this, there may be a leaven of female curiosity, or a spice of female weakness ; and some black eyed Gipsy may get a few pence by both in the exercise of her cabalistic science. But is there any thing here which calls for the grave interference of the legislature? is there any thing here which demands, that " the King, Lords, and Commons, in Parliament assembled," should deliber ately protect the nation by a severe and express penal statute ? This science of palmistry and its professors are of great antiquity; so are magic and witchcraft, but to make laws against either in these times would be ludicrous, if its injustice did not make it disgraceful. Mr. Chetwynd seems wholly unacquainted with the principles upon which punishment should be regulated. A legislator should be cautious how he introduces any portion of suffering into society, without being well satisfied that it is called for as a remedy for some adequate evil. Laws of this stamp, carry us back to the sixteenth century, which punished as crimes offences which the progress of knowledge has proved were only fit to be laughed at. The Member for Stafford keeps them in countenance, when in an Act to consolidate and amend all former Vagrant Acts, he reserves all the terror of legal authority to rid the world of the arts of chiromancy. " Opinionum rommenta delet dies," says CICERO ; and he was a wiser man and a better lawyer than Mr. Chetwynd. It may be matter of curious interest to turn our minds back for a moment upon those times when the belief in witches and fortune -fellers occupied all that legislative anxiety which the Act before us expends upon the protest sons of astrology. The punishment was greater in degree, but the principle was the same. Ths 33d of henry VIII., which was the first statute against witchcraft, enacts — That if any person or persons, after the first day of May next coming, use, devise, practise, or exercise, or cause to be used, de vised, practised, or exercised, any invocations or conjurations of spirits, witchcrafts, enchant.nents, or sorceries, to the intent to get or and money or treasure, or to tame, consume, or destroy any person in his body, members, or goods, or to provoke any person to unlawful love, or by occasion or colour of such things, or any of them, or for despite of ('heist , or lucre of money, dig tip or pull down any cross, or by such invocations, &c." should be guilty of fe loniut the people, even in those days, did not want pene tration. They soon perceived that this charge rf witchcraft was a ready resource in the hands of the clergy, who never I failed to resort to this accusation against any enemy who I could not be otherwise disposed of; and the tumultuous' feeling which this Act and some others had created was so strong, that it became necessary to pacify it in the begin ning of the new reign, and an Act was accordingly passed, in the Ist Edward VI., by which all the statutes of Ilenry VIII., creating these new felonies and treasons, were repealed. In the reign of Queen Elizabeth—a queen whom those who know her real character least have most & lighted to honour—a new law was made against tellehergf?, and pre texts for capitally convicting such unmanageable subjects as gave offence to Church and Slate, were punished through this medium when all other means failed. We will transcribe a passage or two from " STRYPE'S Introduction to thelliatorti the Reformation under Queen Eta zs sETII," written about one hundred years since:— " There were some," says this Reverend Divine, " already of the i'upirts forting, contriving mischief against the Queen, by deal ing woh some conjurors, to cast their figures to calculate the Queen's lite, and the duration of her government, and the like. And niter having related the proceedings against several of these conjurors, he goes on thus:—' 'Tis strange to consider how these soreeries prevailed about this time, and so on for some of the first years of the Queen's reign, and the mischiefs they did, and the fears many good and sober men hail of their bewitching the Queen herself. ('his is evident from a passage in a sermon of Bishop' Jewel's before the Queen, wherein he thus adtlresseth himself to her :—By the way, to touch but a word or two of this matter, for that the horrible using of your poor subjects enforccth thereunto. It may please your (Dace to understsuol, that this kind of people, I mean witches wad sorcerers, within this last few years, are mar velously increased within your ()race's realm. These eyes have seen most evident and manifest marks of their wickedness. Your Grace's subjects pine away even unto the death, their colour (adrift, their flesh rotteth, their speech is uenumbcd, their senses are be reft. Wherefore your poor subjects' most humble petition unto your Highness is, that the laws touching such malefactors may be put in due exettutior.. For the shoal of them is great, their doings horrible, their malice intolerable, the examples most miserable ; and I pray God they may never practise further than upon the subject.' This 1 make no doubt was the occasion of bringing in a Bill next Parliament, for making enchantments and witchcraft Idnny.• ; It is wcothy of rerr.orli, that the Clergy, iu those days of magic and necromancy, were ail et' inuous supporters of the law which made them capital illowes. There is one circumstance whieli may assist us to account fort this holy zeal: the priests /1441 a share is the goods and estates of all persons so convicted. Surely, in the nineteenth century, it is not c►editable to the Parliament of (hest Britain to snactpenal statutes against palmistry, and to carry the terra ofitsbrfl Vault:o gipsic, and fitriuse-tellers. I To be continued') ASHION .4D..LE_ClrEldifdk_Ztei; The Archbishop of Canterbury will have a dbrast party on Sa turday, at Lambeth Palace. The Marquis of Lanadown entertaissed another 'distinguished party at dinner yesterday, itLansdown House, Berkeley-square. laird Grantham will give a .and dinner die day, at hia house in tit. James'a-square Der I.uisahlp will have an evening party. Earl Bathurst will have I rand diner party on the Bth March, at his 'loose in Stachope-street, May-fair. Edward Ellice, Esq. M.l'. had a dinner party yesterday, at his house in New-street, Spring-gardens. The Dowager Marchioness of Salisbury had a select party yes.. teiday evening, at her hniise in Arlioromstreet. The Duke of Nortqlk entertained a distinguished party at dinner yesterday, at his house in St. Jameiv-square. Lady Gwydyr had an elegant circle of fashionable, yesterday evening, at her house in Piccadilly. The Earl of Dartmouth is expected in tonn to.mortow, from Lis seat, . Sandwell Ball, Staffordshire ear! l'erularn haaarrked at his house in Grosvenor-square, from his sent, Gerhambury, Item. The Countess of Carhampron has arrived at her house in Bruton street, Berkeley-square., front her seat, Ken. William Aladdoeini, Esq. M.P. and family have arrived at their hinter in Seymour-plate, from their seat, Swath Weiss. John Taylor, Esq. left Jordan's WWI, St. James's-street, yes terdity, for his seat, Spring arove. Witecestershirs. Amy.is at Reddish's lintel, Jermyn-street :—Warven Mark ham, Esq. from York; and Captain ?sups; from a tour. Mrs. Teesdale and Away nmved, Yesterday, at the British lin tel, Jermyn-nreet. from Driduon. The lion. dirs. Fowler and Min Bersaford arrived, yesterday. at the Waterloo Hotel, Jermyn-street, from Ireland. Arrivals at the Royal Hate, St. James's-street :—The lion. F. Twinleton and Mr. Page, from Belvidere, Kent; Captain Hy, from a tour; Sir E. Kernson, Bart. from Paris ; and the Rev. A. Burmester, (tom a tout. Departures :—E. Wolstenholms. Esq. for Dublin ; d: Sparks, Esq. for his seat in Hants; and J. Moody, Esq. for Brighton. Departures front Long's Hotel, Bond-street :—J. Jacking, Esq- Capt. Clown:, and W. Parris, Esq. for Paris; and H. Ward, Bag • for Brighton. SHIPPING INTL f.LIGEArCE. The following letter front the Almiralty was this morn ing received at Lloyd's : Admiralty Office, 24tb Feb. 1024. Sot—l am commanded by my Lords Comroissionees of the Ad miralty to acquaint you, that one of his 3lajesty's ships will give convoy from Falmouth to the Trade bound to the Straits of Gibrai: tar and the Mediterranean, and will sail from Falmouth as too, after the lit of March is the Trade shall be assembled there, and wind and weather allow ; and that another convoy will be dispatch: ed in about a fortnight after, and so on, as the state of affairs, and the wants of the Trade may seem to require. (Signed) JOHN BARROW. To the Chairman of the Committee for managing the Affairs of Lloyd's. CUSTOM-HOUSE, FEB. 25. ENTERED hilt ARKS. Ptinet of Sate Cobourg, Ladd (De Bit, broker), from Rutter: dam. Borussia, Luneke(Windle), from Dangle. Christine Margaretta,.Endreitten (W. Blake), from Norway. Carl 14th, Lindberg (Lindgren), from Gottenburgh. Emanuel, Spier (Windle), from Rorway. Emanuel, Ambjomson (Molkn), front Norway. Elizabeth, Sky (Lindgren), from Oottenburgh. Johanna Christina, De Vries (Mellen). from Ghent. Industrie, Boddie (Windle), from Norway. Maria, Brons (De Big). from Antwerp. Speculation, Aueher (Windle), from Norway. Tre Venner, hladvig (Cohens), from Copenhagen.. Zwey Gebruder, Stemorth (Brenter), fain Memel. Zanneuw, Plug (Batten), from Rotterdam. FROM LLOYD'S LIST. FALNOTJTH, FEB. 23.—Arrived the Duke of Kent par let. trim Lisbon, sailed the 15th inst. Sailed the Montague pee K. for the Leeward 41ands. Off Penzance, the Swift, Walker, from Tarragoea. Pwreiotrrs, FEL 23—Airiest! the Euphemia, Lane, from St. Michael's. FZllltt ARV 24.—Pat in b contrary winds, the Raat Baoger, ,M ay., Mat ciaa gawk &lac sad • Wickham. he _ _ ..—. —.— Duet. Pus. 24.—Came down from the River and sailed, the Orpheus , far the Isle of France; Hero, Ritchie, fot Bahia; and Viscount Exmouth, for Palermo. The Paragon, Atkinson, from Situderlantl, to London, pot into Hull, 9Sti inst. leaky. Lisuoir, its. 14—The Bustler Leader, from Plymouth which was la near Paddle , 111th ult., has been goc off with d . • ved here yesterday. Liainte "- There are several vessels arrived in the River, but It , Ay • veti hard from E. in E.S.E. that th e y h ave no t been . Last night and this morning it blew a perfect hurricane ra I-4 The Rata Packet, Blackeller, from Newfoundland to FiffOtiTS, Oil totally lost on the Ist inst., near that port.-. Crew and cargo (damaged) saved. The Alexandrine., of Amsterdam, Wraaman, from Havre to wu lost on the 90th ult., near Cape St. Yincenz—Crow saved, The Seine, Cunningham, from Madras, has arrived at St. Helena. PENZANCE, FEB. 23.—The wreck of the sloop Mayflower. Jones, from Plymouth for Penzance. which was abandcied by the crew in the gale of the 14th instant, mule on shore on the morning of the 19th, near the Land's End. 611VORSTXD, FES. 24.—Arrived, the Emanuel, Catternow ; Emanuel, Spier; Industry, Buckley; Minerva, Gocn ; and Spe culation, Anther. from Norway. Borussia, Luncke, from Draitzie. Charles 4th, Lindberg; and Llizabeth, Guy, from Gottenboreft. Two Brothers. Stenors, from Martel and the Lively, Bayes. from Harlingen. Sailed, the Hopewell, Smith ; Abeona, Turner, for Jamaica. Hope, Wood; Britannia, Jackson ; Two Brothers, Robson ; and Perseverance, Menem, for Ilaniburgh. Liber ator, Cobden, for Lima; and Kangaroo, Bunnell, tor Genoa. - - • - OLD BAILEY SESSIONS, Fug. 23. John if a man of very respectable appearance, was indicted for defrauding H.W. 1:11iston, his employer, on the 4th of February. of two sovereigns and two shilling., his property, in the parish of St. Martio-in-the-Fields. W. 11. Turner, Esq. deposed that on the 4th of February he went with a party of three friends to Drury-lane Theatre. He asked for a private box, and was directed to the Prince's side of the bowie, where lie first saw the prisoner, who said he had smile private boxes disengaged up stairs, which the witness declined, he wishing for one below • the prisoner then told witness that he could put hea into the Duke of Ciloucestcr's box • witness asked the experee. and the prisoner said he might give ' him what he pleased. Alit prisoner detired witness not to bring his party through the beam but along Vinegar-yard. Witness gore the prisoner two ("kora! for the box. Mr. A RABIN stated to the Jury that the prisoner was indicted for defrauding his employer, Mr. Elliston ; but by the testinemy of Mr. spring, it was no part of the prisoner's duty to account tie money received in the week in t i owstion for the Duke of Glocieeenor's box. Mr. Elliston himself could not let it; therefore it couidieet be held that the prisoner had detiauded Mr. Elkton. The Jury, under the direction of the Court, found the primmer-- A*4 Guilty. CORN EXCHANGI, Frs. 2Z. There have been but few arrivals of any Grain this week. We had some buyers of Wheat to-day, at about Honda 's currency : but the sales made were very limited. Barley was held at ab. ut the same prices as on Monday, but met with few buyers. There was a little briskness in the Oat trade this morning, and In some instances tkl. to Is. per quarter was obtained on Monday's quota- tions. In Beans, Peas, or other articles, there was no malarial variation. MARRIED. In Jersey, ort the Ist inst. biarecta -7- 1 licence, by the Rev. the Vire-Dena, Richard Mayne, Esq. to Margaret, youngest daughter of the late James Henthry, Esq. of Plaisenee. On Saturday last, Peter Henry, eldest son of Peter Berthon. Esq. of Bogor, to Fanny, second daughter of Richard J. Brassey. Esq. of Ilford, Essex. At llamburgh, on the 14th Inst. D. M. Fetierheenl, Esq. of Oporto, to Sophia, only daughter of Francis Det!of Barber. Esq. On Tuesdsy, at Iliarkncy, John Fisher, Esq.. of Dorchester, to Esther Jopson, eldest daughter of San'. 31arslildl, Esq., of Hai ston, Middlesex. DIED. On Sunday hat, et Blakensy, in the 734 year of hit ape, the Rev. Richard Thomas Gough, uncle of Lord Calthorpe, lout Rector of Blakener, and of kele, in the Counir of Norfolk, lel the flume: of which he had resided upwards of 4:: years. On the Wd inst., at his house. Stratford-green, Essex, in the 78th year of his age, Joseph Howson, Esq. On Sunday last, the intant daughta of D. Maclean, Erg., of Drumm i ck -square. On Saturday, the 91st instant, in his 27th year, at Edinburgh, Captain Edward Ribber+, third son of Mr. Geowe liibbcrt. of Portland-place, and a Commander in the Navy. His 44. pfevoion al career, though short, wan brilliant. MOH WATER THIS DAY AT LONDON-54RM Isratog, sites IL I Aturiess..capaLsor oi I I I