The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-07 00:00:00

4* . ~...~' } _~ GERMAN PAP!... — RS. Bmstx, Dec.?T. The Frtates of the Grand Duchy of Tladen will be again 'aitsem. v ei l. A communication of the highest importance to the Grand rally will he made to them, namely, that of the convention con_ (Judea ,ith the ancient Nobility of the empire, by which they Pee up to the finite the patritnoolal jorisdicion allowed them ly the Act of the Confederatinn. We are indebted to our two blittilvera, Soon Berated and Berkhelm, who have done so many services to ( „ T country, for having caused negotiations to be set on foot with a ll the medist:sed Nobility r.f the empire in the Grand Duchy of B a i r n, by which they have conferred an inestimable benefit on the mat ry. But we must also do the Nobility the justice to say, that er have, in the most patriotic manner, met tie wishes of the Go. " fom ent. SwiEEEßLaxri, DEC. 24. re Federal Direc•ory has informed the Cantonal Governments, that in conformity • ith the resolution* of the Diet, the Grand th ic hy of !laden had been invited to resume the ncgociations for the treaty of Mmmtrte, to replace that which expired two years ago; that the Ministry of Carlaruhe have signified their readiness to o pen n egotiations and to send Commissioners to the frontier tow n effiwitserlsod, anti at the time that they shall he appointed. The breetery therefore invites the a:nutting to send any itforinatian wh.rh may serve as a foundation for the instruction of the Swiss o, o i tt i e rstion. The same Commissioners arc named as were ap t rioted to negotiate with Wirtemberg, and Schaffhausen is chosen for t h e Otte of conference. The Commissional will agree with those ef Baden on the time of their meeting.—Frairbfort Papers, EOth &wrier. V/LUICA. DEC. 30. bletalliquesi 91 1- Bank Shares, 1147--Aratrian Observer. THE WESLETAN SfISSIONARIES IN 7HE• WEST INDIA'S. iFrorn the Jamoka Royal (;aztite of Nov. 131 At a Meeting of the Wenleyan Missionaries, held in Kingston, on the nth day of September, 1824, It was unanimously resolved, First. That the Wesleyan Missionaries of this island have oh s :vol. with deep regret, the numerous misrepresentations and ca. lanoline which have been circulated concerning their principin and motives. Secondly, That it has been insidiously stated of the .Members of this M eas ing.—lst. hat they believeslavery to be incompatible w ith the Christian religion.-2d. That their doctrines are calculated to produce insubordination among ilia slaves.-3:1 That they are se. redy attempting to put in operation means to erect the emancipa tion of the slave's-4th. That they are connected and correspond with the Members of the African Institution.--.lth. That they are the most decided (although disguised) enemies of the West India c a t r oies.-6th. And are enriching themselves, by extorting money !rpm the slaves. Thirdly, That the Members of this Meeting feel it an incumbent duty to exonerate themselves from these charges, particularly to the ruling authorities. They therefore declare, with candour and ho. nesty—lnc. Their decided belief that Christianity does not interfere with the citil condition of staves, WI slavery . is established and r e g u lated by the laws of the British West (notes.—id. In answer to die second charge, they reply —that it in what no man living can, or ever could, prove respecting the doctrines taught by any Member of this Mating ; and is indeed directly opposed to historical facts. which they could cite; by which it not only appears that not one of the Members of their Societies has at any time, in any of the West India Islands, been guilty of rebellion, but, on the contrary, the Methodists have zealously defended them, in times of danger; and they defy any person to prove the contrary.-341. The third charge they moat peremptorily deny, before God and .11an, and moreover believe, that. it the design of the Emancipationists was carried into *Gran wooki be a general calamity—injurious to the slaves—unjust to the proprietors—ruinous to the colonies—deleterious to Chrinti. witty, and tending to the effusion of human bloat.-4th. As to the fourth charge, the Members of this Meeting most solemnly declare that they have not the least connexion with the African Inati. union, and, to the best of their knowledge and belief, they are sot acquainted with a single Member of that Society. That they never have, and, according to their rules, never can, correspond with that 'lnstitution, or any others, on questions of colonial politics.— eih. The fifth charge they fearlessly deny, and assert that the Indi vidual and collective happiness of "their Fellow-colonists is above ail things what they have in view, and are positively assured, by their own knowledge and the observations of some of the most re etable gentlemen and wealthy proprietors in the colony, that their have most materially contributed to the peace and welfare parts of the island in which they have been permitted to their ministry. They therefore feel themselves most un. eated by the suspicions expressed of their principles and and are willing to submit to any Investigation that the ties of the island might think proper to institute, and avoid expressing their astonishment that they should be with purposes (in the absence of all evidence) so opposite to interests, believing as thew do, that were the views of the • elect, their own lives would be cation. with which they ate entrusted, most se. itirely dcstroyed.--6th. And to the siitth is nothing more false. The sum allowed Ifinsionary is fixed by the Committee. ac. or married, or has children. These ex. Tenses of living are greater or leas in the def. are, for a married man without children, rid for a single man, from 10;3. to 1802. per impenses arising from house rent, sickness, These allowances are in part paid at the 'bile collections made in the chapels, by the persons, by allowances made by proprietors for their labours on their estates, and by the is of such of the members of the Society us .e all, large deficiencies generally remain to funds of these very moderate allowances. It d, that all the monies raised on the Missions r the stewards, who are regularly appointed who keep accurate accounts of the receipts station, and transmit them, signed by them. .es. No Missionary can raise contributions ! allowed to receive donations, save for the charge of extorting or requiring money from ey state, with honesty and candour. that it anion to contribute anything; of the poor nothing; indeed, many of them receive. it of what is collected ; but many who cats two pence per week, and what they are Ms. . quarterly visitation for the renewal of their to certificate of continued membership, given or character for morality end industry is satisfactory, 1 this is encouraged, not so much for the sake of c-ut on the general principle that they consider s societies to assist as they can, without on. e ris ation, to support their own religious in. makes them take a more lively intetest in a by themselves; aid all proprietors whole nerd, anti where societies are fornietl, agree ter to reignite a principle which in in hu these g contributions, than for the pro. entirely, by an act of liberality of his own. !ter of choice with the slaves, and only re. re able to contribute it 4 and there are very .muse circumstances have not been materially they complain of the calumnies and mis. Save been unjustly heaped upon them, they ipology is due on behalf of some or those en ten so harshly of Missionaries. It must be had trio much cause for provocation from the lonia! party. The methods taken by that absurdly religion with poli:tes. or interfer rnpertiea, uvular the pro'nviiinn of Christian elainiing to be disciples of the Prince of to spread distension and anarchy, are cat and lusti:e, and nut only without sanction lut altogether repugnant to the wit :ow , t , r. gratifying to the Members of this to IVesleyan lksly have not partinipatril in it is only to be regretted that, in a few so tali have departed ilIV:111 the lited principles 'embers of this mrcting acknowledge, with ~..c gratitude, the obligations they hare been laid gentlemen. in different parts of this island, for acts ted kindness ; and it is but justice to state, of Jimmie... their thanks ar.: particularly due ich they have generally shown towards the 4 religion atneng the slaves and other classes, ranee,' of contrary trentnteot they have been more to other causes. than a wish to debar die ,of rcligioc. These sentiments they have 0 er.ll4,t:len and Magistrates of the Colony. i e .) th e sau t e to th e t'om mime of the Wes. . they hope, that whilst Providence spares 0 labour in theif calling, they will merit the friendship of all 'fiery *io know intro, and have always Crust to record such ..,c,cri of ki r d nese . ' l °4. That, in order tr give the fullest publicity to these an. ....tsand resoltstio-,s to those authorities more immediately eon el tor the welter, of the Colony, they shall be printed in the , .01 . a circular, and addressed most respectfully to his Grace :11sai H.lie of 3lanchester, Governor.in.thief, &c. &e. &e. tine lis 3:ste.ty's Island and is Dependencies; to sit John Int. K.C.it. Commander.in.Chier, ece- ate. t to Admiral Mr tt • ilalioll. ii.C.ll. ; to the I lonottrable the Members of ikls,lestv'. Cuerril end the Honourable House of Assent's], i the Wtesl46ll the Itlayer, and the Corporation of Kingston ; " n ' linnautahle ,lie Custodes, and to mher ot:icial individuals in lititr.d,a::ti signed Ly the Chairman of the Meeting. JOHN SIIIP.SIAN. MADAX t CATALAN t.—On T vaday night the fascinat •Z v.olaiiihtiva of this accomplishes' July were displayer.) rst time in our city, at the concert in the Shire td a nuo:crous and brilliant autlienee.—Herefio-I GIVIN :.; 11 - MINING:A gentleman, unfortunately linked 11:;: to one wh o m a d e hi m f ee l t h e we i g ht Of his lin, was one day told by the maid that she was going to her IcistlePS warning, as she kept scolding her ft cm ming till night.—" Ah, happy girl !" said the master, 4'l'. 1 cerld glee her warning. too." to * • ;••• a St p. , THE BANK OF EAVLAND CASE, UNDER MARSH AND (703IPANY'S COMMISSION. BRIEFLY STATED AND DISCUSSED. IT • soraurron. This important pamphlet, which was forwarded ti us by. a•private hand, but which is announced for publics lion to-day, comes manifestly from some one most correcth familiar with the concerns of Messrs. MAIIIii and Co. is written in a plain, unornamented style, well suited to the subject, and its communications arc in the highest degree interesting to the creditors df the firm, 'shine bank ruptcy, and the immense magnitude of the sums swallowed up by it, remits every transaction, both as it may respect the original failure, and the claims on the existing funds, a matter of the most urgent inquiry, The author of these pages not only discovers a very ex tensive acquaintance with facts, but a very accurate judg ment in analyzing them. As far as the Case of Me Bank is concerned, the opinion we have already given shows that we diffli fro m. That is a point, however. we shall not now touc n. We should not do justice to the following statement were we to interrupt it 1,) Any com ment:— "The creditors of the late firm of Messrs. Marsh and Co. have been informed, through the medium of the pub lic prints, that Mr. Montagu, the retained counsel o' .he assignees, ridiculed the claim of the Bank of Engle , d to participate in the bankrupts estate, in respect of heir*. duce of forgeries, in language so triumphant as ti teliive the mind of every general creditor, from an appreLi...ota, even, of the uncertainty of the law. " 'fhe transactions of the banking-house, in Berners- Street, connected with the forgeries, are very imperfectly known. A natrative of one will give a clear insight into all, as they arc all formally and substantially the same. " In 1819, a considerable sum of Navy Five per Cent. stock was standing in the names of certain individuals, in the books of the Bank of England. An instrument, pur , porting to be a power of attorney, from those individuals, suthcr.sing Meta. Marsh, Stracey, Fauntleroy, and Gra ham, jointly or separately, to sell all, or any part of that stock, was, by some person, lodged at the proper office, and being, in its appearance, genuine (as to which, however, the officers of the Bank had no assurance beyond the face of the instrument itself, because the proprietors had not signed the transfers, or, as it is termed, accepted the stock*), was allowed to pass and he acted upon. The fol lowing day a written order, issued from Berners-street, to Mr. Spoiling, a respectable stock-broker, to sell as much of that stock as would realise 16,000/. sterling, which he ac cordingly effected, in several sums or parcels to different purchasers ; anti having so done, and left thew:dal transfer tickets at the Five per Cent. Office, Mr. Straccy and Mr. Graham, successively attended at the Bank, and made the respective transfers (seven in number), by signing their own names, the former his name three times over, and the latter his four times over, superadding each time the words, " attorney for, &c." upon the faith and in consequence of which transfers, the respective purchasers paid their money to Mr. Sperling, who directly paid it to the account of Marsh and Co. at Martin and Stone's, whence, in common with other monies, it was drawn by Marsh and Co., transported to the treasury its Berners-street, and there dispensed by the clerks, at the counter, in answering the drafts of customers anti partners, juat in the same manner as were the cash deposits of the house. " This is one case of 16,0001. out of more than fifty, amounting altogether to more than 300,000/..fi the others differing only in the circumstance, that, in some instances, Fauntleroy himself acted as the attorney in the aile of the stock. In all cases the lowers were made to the house ; in all of them the broker sold by order of the house ; and in all of them the money was paid to the account of the house. " After a lapse of five years, the instrument, under which the stock was sold, is found to be counterfeit. Every per-' son is astonished that this should not have been discovered sooner ; but their surprise ceases on learning, that Marsh and Co. had, in the interim, given credit, uniformly, in the public books of the house, and in the customers passage bock (the stock proprietors being in all casts customers) for the half-yearly dividends, and to that circumstance, founded on an uninterrupted confidence in the fmme, and a feral absence of all suspicion, is the long concealment to be ascribed. The stock proprietor and the Bank are, dur ing all this time, alike uninformed : they are equally ig norant, and equally innocent. " It is here worthy of notice, that if the Bank are to be judged by the same law as other individuals—if more is not to be expected of their officers than from private bankers and their clerks—in short, if the Batik may be ex cused for not possessing the spirit of divination, then are thrv, with reference to Fau.itleroy's forgeries, most espe cially innocent : because, as is before observed, the Bank, in the particular case stated, as well as in many others, bail no means of judging of the authenticity ef the instrument, but by its form and aspect ; they hail not, as the private banker, who never suffers himself' to be drawn upon, until the customer has atteniltil and written his name in a book, the original signature of the proprietor, wherewith to cont rare the power of attorney, the proprietor having neglected that precaution, although the very first document put into his hands, on the purchase of his stock, recommends him to accept it, for the express purpose of protecting himself from fraud; added to which (an observation which applies to all the cases), the Bank, at the risk of great and fearful responsibility, are ever anxious not to impede, by form, or superabundant caution, the ready transfer of stock ;+ and in the case of Fauntleroy's forgeries, no circumstance of suspicion did or could present itself to them, for none ex isted. The powers of attorney were regular in form ; four or five known and respectable individuals, carrying on the business of bankers in copartnership, enjoying the un limited trust and patronage of men of rank, opulence, and distinction, are the attorneys for sale; the property at' stake large • their responsibility proportionally great, and proportionally calculated to exclude the chance of their having been imposed upon ; sometimes one acting, some times another; were circumstances prc-cminentiv disposed to disarm and delude the most wary—to lead if not to force, the officers of the establishment to that conclusion, which they did come to, as to the character of the instru ment, and of the genuineness of which, it may be posi tively said, they could not have doubted, unless by a previous resolution they had infohled all the partners in a daring forgery ;—if the instrument were counterfeit, the partners were, as far as the Bank could sec into the trans action, the authors of it,—so happily had Fauntleroy adapt ed his means to the end. Who is it, therefore, under such circumstances, that can pronounce the Bank guilty? The proprietor cannot; for his confidence was unlimited in Marsh and Co. ; and, surely, the partners of Faunthroy cannot; for they. even they, who had decidedly the ad vantage--they, who had the book of knowledge open to • On what is called the broker's receipt, but which in feet is the vendor's receipt, and every purchaser of stock does or ought to receive such a document, on paying his money, there will be found a note in these amnia ` he proprietors to protect themselves front fraud, ..re recommended to accept by themselves, or their attorniee, all transfers made to them." This is not, however, an imperative regulation. and is 1 rat seldom complied with ; yet recent events fully show the propriety of doing s 4). In many . instances, large sums of money wets paid to filarsh and Co. for investment, which they appropriated to their own use. In some, either nu broker's receipt WAS sent in return, or a forged receipt; but in all ease', the customer was debited with a sum for the price of the stock, and credited thenceforwenl with the half-yearly dividends. It the purchaser hail availed himself of the above recommendation, the fraud mast have been discovered, rind, just in the none ratio, there is reason to presume it never would have been committed. An acceptant e of stock is a check to forgery. inasmuch as it gives the officers of the Bank an opportunity of comparing the hand writing of the proprietor. whenever an application is made, (Mist r to receive dividends or sell hs stock ; and the Judges, front the bench, upon te.ls for forgery, hare more than once expe l - re d sur. prise, that an wholesome a regulation should not be made essential to the Proprietor's title. t 1 he render must not conclude himself in possession, from this statement, of the som total of the forgerie.. tine even the full amount of monies so derived to the house of Marsh and Co., as it is impassible to trace the produce in every instance, and it is not prudent to rely on evidence, which, by the remotest possibility, may be founded in error, or which, unlike Matta Ltd Stone's book. is open to exception. Every one cometrsant with the practise of transf e r r i ng stor k , will, upon a moment's reflection, suggest to himself innutneialde difficulues, occurring at the flank, which oblige the officers of that establishment to adopt one of two alternatives ; either to reject • power and occasion inconvenience, if not pos itive distress to i nt li. vieluals ; ter, by passing over an irregularity. a: t ;me incur the chance of loss, or all the unforeseen crnatquence4 eittentlant on a departure from rules, which, ii well founded, to be berilitial, must be inflexible. spectable gentlemen and we labours have most material of those parts of the intent exercise their ministry. 'I justly treated by the suapi motives, and are willing t thorities of the island nnot avoid expressing tl arged with purposes (in tl their own interests, believin ibolitioniata earned into t jeted, and the property rously injured, if not enti charge they answer, there it la the support of each 31 . ding at be is single r 413 differ as the expense . .t Colonies ; and are, m 1301. to 240/. ; and f .tom, exclusive of cape ovals, or travelling. '1 Ida mission, by the publi ~ .atinns of respectable pct an acknowledgment for I I tall weekly subscriptions i • afford it. But, after a I paid from the home funs I further to be observed, tt roe into the hands of the Lan year to year, and who d expenditure of the stati !yes, to the Committee. r himself, nor is he all Weston. As to the char) e slaves or others, they a Ina terns of commons' maws they expect not, onth after month, part of • ford it, pay one or two eel to give at the qua ken, which is the remit ithheld, as the character otherwise. And this is c amount railed, but on a duty of all religious so . sting any senaible print hens, and this makes unit partly supported by :ales they regularly attend 'th them that it is better nature, and allow then eta, to displace them en II is, however, a matte' red when they are quite w religious negates, whoa sproved by becoming so. Fourthly. 'fhnt whilst tl rasentations, which hart sly admit that an 'polo sea who hare spoken I owed that they have had Mart of the Anti•Col•nti rty. of blending most al wuh other men's prm daatlisopy, and, whilst t ace, doing everything t ly destitute of honesty at a moral principle, bu rirtan code. It is, hir . hit. to know that the r Proceedings, and it ry instances, i...tividual the society. rfthty. that the mem nmenta of aincert gnat .er is many gentlemen the most diaisterested ts the Magistracy of , that good will which end of mora/ity and re • the very few instance . pole , ', to atttibute move es from the blesainp I sysemertaired of the ( it-en communicated au 3liseions ; and tit ' 3 33, labour in theit eel THE BRITISH PRINS'. • '.ram, hut being either too indolent to read, or too ignorant to understand, were, as the Bank, disarmed, misled, and im used upon. It should thus appear, then, that the Bank are acquit t:d of the imputation of negligence, whether put in con test with the proprietor, or 'Marsh and Co. " What, then, are the equities of the case? And first, as between the Bank and the proprietor, to whom they, in the ;Itaracter of managers of the public funded debt, and, as such, the agent of every stock proprietor, are by law ame nable, upon the same principle, as private bankers are to their customers, on whose suppos. d accounts they are so un fortunate as to pay a forged check. "As to him, the case stands thus: he requiret the Bank to replace the amount of stock which has been without his authority transferred ; the identical stock having changed owners over and over again, and having been divided anti subdivided into sums innumerable. Do the Bank refuse? On the contrary, they are ready and forward in granting information ; in furnishing evidence against themselves ; in submitting to the loss; and although ficts are associated with some of the cases which render their liability doubt ful, and which would justify them, in the opinion of the most fastidious in appealing to the law, they, in all cars, offer to replace the amount of stock sold. On the other hand, what do they ask in return ? Simply thi::, that the proprietor shall assist them in the pursuit of the stolen property • a condition which is consonant with the feelings of every honest man, and with which no one, in the same predicament, can hesitate to comply. without doing violence td his own unbiassed judgment; a condition, to speak prac tically, therefore, perhaps more intelligibly to monied men, of the justice of which no rational being would have entertained a doubt, if, instead of being money, the property had been the Piggott diamond, once so anxiously sou,,glit after by Mr. Montagu ; or a hone; or incited any other specific thing, which might have been subtracted from the custody of an agent, and for the vaiten of which, such agent, by reason of a legal but not a moral negligence, might he at law answerable. "So far concerns the proprietor and the Bank. "Next the situation of the Bank, with respect to Marsh and Co. For although strong attempts have been made by interested persons, as it was natural they should be, to catch the s mpathy and commisenttion of the public, on behalf of the unoffending and jnjured creditors, it must be granted, in every view, both of law and justice, that the insolveht estate would be 'subject to the same liabilities, as it is also entitled to the same rights, as would have belonged to it while solvent; and that in order to thrive at an honest decision, the assignees of that estate must, for the purpose of this discussien, be taken to be Marsh and Co. What ever circumlOcution may be attempted to clothe the case in a more piteous garb, ((tight not to remove it trom that I I position. " To proceed, then, with the Batik and Marsh and Co. The Bank have, by mistake, and without any legal au thority, yet upon the application of Marsh and Co., trans ferred the stock of another individual, and, in continuation of that mistake, have permitted Marsh and Co. to receive the price of that stock, which they, the Bank, are now called upon to make good, out of their own funds. IVllat steps can, what steps do the Bank adopt? They require Marsh and Co. to return the money, which, by mistake, they have been permitted to receive, and fur which, it is *boast superfluous to add, no consideration or equivalent had been given by them. And what is the answer? ere dot Jmkrus 1 they refuse to return it. " But let us go back one step in the history of ten years attack on the citadel of British Commerce, and mark the consistency of this conduct. Before the development of the machinations, by which the system was carried on, Marsh and Co. were repeatedly called upon to repay the produce of the proprietor's stock illegally sold, and which the Bank now demand them to return, under precisely, nay, the very same circumatances; and what was their proceeding then? They referred to their books—found they had received the money for the proprietor—that it had not since been paid to him or his authorised agents, nor yet withdrawn from them by any forged check or order, in which, by the bye, they were more lucky than the Bank ; and they unhesitatingly replace the stock, dis- charge themselves, and satisfy, as far as in them lies, the justice of the case. " But the Bank have crated to impart their riches ; and how is the claim of restitution now met? The pos• session of the money, through Martin and Stone, is ad mitted, as before; and it is also admitted, that it there became mixed up with the funds of the house. But new light, forsooth, has broken in upon the assignees, and they refuse to return the money, because, they say. Marsh and Co. were imposed upon and defrauded! that - Female- ' roy, their partner, made them the instruments of his vil lany ! they knew not that the powers of attorney were forged ! and, that no sooner had the proceeds of the forge ries reached the house, than he withdrew and applied them I to his own use, and not, as he has asserted, to support himself and his partners front impending danger and ruin ; all of which, they add, will manifestly appear on referring to the hocks in their possession ! IVhat ! does it really appear in books—is there such impartial evidence( xtant—that one partner drew out 300,000/. to which lie hod not a tittle of right; and, that he openly credited himself with large sumsof money as openly brought in, through the agency and medium of Mr. Stracey, Mr. Graham, and himself, for other persons ; at all events, not the monies of the house ? No, they say, not quite so. But it appears; for instance, take the 16,000/. that, although that sum was not carried, therefore is not now to be traced into any account, yet, that it was incorporated, in some strange and mistified way, with other sums (to which Fauntleroy, it may be imagined, was equally well entitled) to his own individual account, or to another account, subject to his drafts, distinguished by the initials H. F. W. B. (which every body saw, but nobody can explain,) and the result therefore will be found to be, that the capital or assets of the house were not in • creased, I.y means of the forgeries, to the extent of one shilling.* Admit all this to be most sacredly true—is it an answer to the Bank's claim ? Does it prove any thing more than a degree of negligence, a desertion of duty in his partners, unheard of in the history of bankers, unexampled in the events of the metropolis, and so extraordinary, as, on the first impression, in the minds of their best friends, and for everlasting in the minds of strangers, to defy be lief ; and shall it be competent in them, or their assignees, to contrast their conduct with the unfounded accusations of negligence against the Bank, and say that, of the two, Marsh and Co. are the more innocent, and being so, ought, in their persons and estate, to be exempted, by that law, which Mr. Montagu so emphatically thanked God was more powerful than the Bank. § Having been favoured by the perusal of a succinct history of the forgcricg, the writer feels warranted in obierving, that tney commenced in April 1814, and continued progrr is ively to the year 1318. when a pause ensued they were resumed In .March 1819, and again continued throughout that and the succeeding three years. gra.lually, as it were abating, and dually closing by one case in 11123. /11r. Stracey'o Counsel. at the lent public meeting, informed the ereditots, that In 1810 the house ',mowed, therehire it may be in ferred the h • tee mood in need of 173,0e1.1/. lie also informed the creditnra. in reply to a q uestion, submitted at the moment, and for that reaann the answer demar.de gret-ter respect, that such loan was progressively returned, between the years 1813 and 1317. Ste Jamea tiihbald died In 1819, and subsequently his capital was withdrawn. It is remarkable that Pauntlerny's depredetions should, In th e i r nature and circumstances, coincide rid tally, exactly, with the ac knowledged necessities and proceedings of his house. The partners contend, and it is due to them to add they hare been corroborated by the assignees, that Fetnitlerry brought no thing into the house, but that ho withdrew 80,0001. exclusive of the produce of forgeries. The p i.ition they have thus token Is, to say the leant of it, an extremely hold int:, and opposed. as it is, by the conflicting infer enc.:. arising upon a comparison of the above facts, and by Fount. leroy's assertion (which, considering the awful situation in which he stood on the day of his trial, and still more awful situation on the last hopeless days of his life, when lie room than once repeated the oss.veration, unght not to he re.iecied as wholly unworthy of belief), calls for direct and unequivocal proof to sustain it. The balance of forgeries, after allowing for those mole good by re-investment, is full 250,000/. which sum and the 80,0:i01., make a total of 330,e901. alleged to have been expended by fatintleroy, in a way unconnected with his partners. Those who were strangers to him 'nay think it possible but those who knew him must in deed be astonished, cad host, in the contemplation of the subject, if they ohmic, attempt to conjecture by what miierable expedients he, iettlia th e compass of a few years, conld have privately tliitaipated so vest a capital, and at the saute time retain, not only the marked confidence of many estimable men, but, in the midst of unprece dented extravagance, escape universal reptoach and public ex- The first exam:notion of tie bask-opts w:11, it may be hoped, elucidate th:s: trysteriyi. LOSS OP THE AMERICAN SHIP DIAMOND. In bur Paper of yesterday mentioned the loss of the above ship in Cardigan Bay. The Speech pf the Presi dent of the United States, at the opet,ing of the Congress, which was expected in town yesterday, is supposed to have been on board the Diamond. The following are some further particulari of this me lancholy shipwreck:— Extract of a letter from Liverpool, received at the New England Cooke-house yesterday : " Rivernord, Jan. 4. " Arrived the Belvidere, Fraser, from Charleston ; sailed the 14th December. The l'refect was to sail the same (lay. The Westmoreland, from this port, was i going in. " The Diamond, from New York for this port, struck on the Causeway, near the East-end, in Cardigan Bay, and sunk in seven fathoms water. The preventive boat took six of the crew oft' the rigging; remainder, except e boy, were drowned. The wind this day has come round to the eastward. The outward-bound still remain : it is eery probable, by the appearance this evening, that the greatest part of them will proceed to sea to-men-row morn ing's tide." Liverpool. Jan. 3. All the paveenrris, and eight of the crew (including the Captain and Mate) of the Diamond wrecked in Car digan Bay, were drowned. INOTHER •CCOVNT t "Pwllfiely. Jai. 3. " Sattirday night last the Diamond, from New York for Liverpool, laden with cotton, struck on the Causeway, near the East-end, in Cardigan Bay, and sunk. An ex press came to me last night 4 :'r a vessel oiboat to go off directly, to take s i x men from the igging. The preventive boat itonicdistely went, rind I hope was successful ; it has not yet returned. It is reported that ten men are downed ; one man only got safe on shore." It is reported that a letter has been received in town from Reaumaris, stating that 30 persons lieve been saved .rom the Diamond. LIVERPOOL: IVEDNZSDAT. Arrived, the Active, from Cork ; James Watt, from Glasgow; and Golnare, from Virginia—eaftedat thesame time as the Belvidere. The Antelope, from Buenos Ayres, has not yet got round. I regret to inform yon, that eight of the crew, and all the passengers, per the Diamond, from New York, sunk in Cardigan Bay, are drowned. The Captain and ..late are included among the unfortunate stifecrers. In consequence of the cliange of wind, about QOO 'w ads have sailed. Should it continue, it is supposed as many more will sail to-morrow. There continues a good demand for cotton, and Brazils may be (limited Id. higher. -Y+~~-'~!+-' y a to. EAST IN Dl.' SHIPPING. Arrival at 3taileira.--Calcutta, Helm, from Stockholm ; bound to Bengal. Passenger* per Midas, Capt. Thompson. lately arrived from New South Wales:—Mr. and Mies July, Mr. 31urrell, Dr. Hall, Rev. Mr. Lang, Mr. and Mrs. Lowrie. Rev. Mr. and Mrs. Ruder. Mr. Davis, Mr. and Mts. Marr, Dr. Anderson, Mr. Sherwin, Ind three steerage passengers. SHIPPING INTELLIGENCE. CUSTOM• HOUSE, Jag.s. ENTERED INIWARDS.—EanAIon, Wightman, from Malta; Mails Anna, Havighorst, from Bayonne ; Ann, Barfield, from Harlingen ; Elope , Simpson, from Lisbon ; Mary Ann, Salmon. from Dover; Henrich and Theodor, Klawit:er, from Dantzic; Severn, Field, from Lisbon ; Ann, Marshall, from Siangate Creek Lively, Simpson, from Chenne and Smyrna ; Vine, Webb, from Cayenne and Demerara ; Hanlon, Carpenter, from Tricot'. and Ancona; Queen Elizabeth, Attwooll, from IVaterford; Ata.. lanta, Byrne, from Harlingen; Symmetry, Bedwell, from Smyrna; slulgrave Castle, Ralph, from Isle of France. ENTEnFD Otrwaans—llighlandcr, Michell, for New Pro. vidence ; William, Bloom. for St. Local. and Seville; Llandovery, l'arent, for Jamaica ; Clio, Forman, for St. Vincents ; Jenny, Donald, for Corunna and Ferrol; Telegraphe, Grandin. for Havre ; Catherine, Fligg, for Gibraltar; Omens' Palmer, Truscott, for Cape of Good Hope and Madras, CLEARED OIITSVARDS FINALLY AT GRAVESEXTE—LonI Suffield, Lipsal. for Maitre. awl Calcutta ; Cineinnatua, Bliss, fur New York; Adventure, Adamson, for Pelican', Bahia, and Maran ham ; Agenoria. Greenwell, for Genoa and Leghorn. CLEARING OUTWARDS.—David. Cargill, for Cadiz ; Dart, Stranack. for Ostend; Scotland, Lamb, for Valparaiso. CLEARED OUTWARD3.-31argaretta, Lewis, for Dublin. FRO:.! MAW WS LIST. PENZANCE. JAN. LwTlte Sir 11. Stanhope was released from quarantine this el • •. FALMOUTH. J or. &.—Arrit•ed from al experimental twit* his Majesty's ships T .etivi, Drones, Champion, Pylittlev. Pandora, Parthian, sod Javper. Arrived the Duke of Marlborough packet, front Lisbon—sailed the '26th ult. ; anii Vine. Edwards, from Lon don, for Cadiz. Put back the Churchill, Langan. PLYMOUTH. JAN. 3.—The brig Zephyr, of London, was taken off the rocks this day. PLYMOL'T►t. Jaw. 4.—Arrived the Amity, Johns3n, from Prince Edward's Island. Cows's, Jay. A.—Sailed Ha Majesty's ship Athol, and the whole of the our ward-bound. Arrived the Swiftsure, Telly, aid Echo, Dunlop, from the Downs ; the latter to take on board troop. fur the Cape or (food Hope. I':)RTSMOUTH, JAN. J. The whole of the outward-bound have sailed, amounting to nearly ill sail. with a line breeze. NEWH %yrs, JAN. s.—The Lord Suflield, from London for Bengal, passed by this day, for Riristuouth with loss of fore-top mast, and it is supposed some timbers brolicn, having run foul of • ship in :he Downs. DuvER„ JAN. b.—The Loyalist, Chicken, from St. John's, N. It. for London, has put in here, having been run foul of last night, whilst at anchor in the Downs, by a large ship, which carried away her bowsprit, cathead, stem, anchor, stocks, and did other damage. DEAL, Jaw. 3.—The Honourable Company's ships Windsor, Isabella, Kingston, and holes, sailed last nigh!. The Adventure, Adamson, for Pernambuco, pavted through. The Loyalist, 'frickey. from St. John's, New Brunswick, and the Lord Suffield, for Bengal, had been foul of Itch other last night in the Downs : the former lost her bowsprit and has gone to Dover, the latter lost her fore-topmast, and reported three of her timbers broken: she has proceeded for Portsmouth. The Midas and Argo, homeward bound, remain; all the rest have sailed, Including those from Samsgate harbour. tiIARUAT[,JAx. s.—Landed here to.day. taken up in the OOP!, an anchor, wood-stocked, marked " 7cwt. Oms. Olbs. No. 7442, Hawks C. C." with about 16 fathoms of chain cable, a run buoy, painted white, and a new buoy rope. UNAVISNND, Jag. 6.—Arrived the Britanaia, Willett, front 111essina; Lively, Simpson, from Chestne ; Symmetry, Betlwell, from Smyrna ; Harriet. Carpenter, from Ancona; Molt:rave Castle, Ralph, from the Isle of France; Ann, 3arlield ; and Atalanta, Byrne, front flarlingen ; Delight. Cray., front Jersey ; Cocker, from Oporto; Princess Elizah.th. Lamer, from Bilboa ; Hope, Deane, from Sierra Leone; Valiant, Martin, from Ja maica; Provit'..nce, from St. Michael's; and Roberts, Foruer. from Outtenburgh.—Sailed the Vrow Hendrik*, Kramer, for Nantes: and Sarah 3largaretta, Sheadtr, for flamburgh. 11 trt.L. JAN. 4.—A sloop from Wisbeth, with grain, is sank on the Trinity Sand, but it is expected both vessel and cargo will be saved. A brut with goods is an shorn on the Spurn Point, but will be gut off without damage. The Forth, liolertaon, from Fraser burg to London, is stink on the Trinity Sand. and it is feared will be wrecked ; stores and part of the cargo saved. fIOI.Y II ...AD. JAN. 4—The Daphne, Spraztte, laden with wheat, on her return to Liverpool, from Lisbon, Its. come into this harbour, not being allowed to discbarge her cargo there, tise port being Amt. The Rose, I'rot.bie from &Fad to was tinily wrecked near flarrington, 31st and materials saved. The Duke of ,Nlarltwitough packet, arrived at Falmouth, left in the Tagllt, his Majesty's ships Ocean, Superb, Active, and Lively. and the French frigate Armed*. Extract of a letter from Captain Anderson. of the ship Norfidk. dated New Hellespont!, Ncewly. 3sd Ifeeember. 1024: Being detained in :Norway by contrary winds, 1 send you a list of vessels in this place, and at the saute time *fait. that there see at least 600 sail in the different ports of Norway :—Norfolk. Arderson. Riga to Chatham ; Mars, Harland. Pearl. Ernst, and Riby, (trove, I)unkcrley, all three from et. l'eterstnitgli frr Hull; Agenoria, Barker. Memel to London ; Peirce Cob u r g , It o ,b as . MO to London ; IVallington„ Watson, af ro t c l to L e i t h Watt, front Rims, ; Superior, Larisinart;Rig/i to Ireland; Thoma s and An.•, Shields. R. 8.1 to Arbroath ; Elizabeth, Slade, Memel' to London; Fame. 6l'l)onald, Ri;trt to lirangetnouth ; Eoilea you r, Lloyd, Riga for Dartmouth; Industry, Hill, Wyburg to London; Ilelliraina, Warren, St. Peterstnirgh to Loudon Telenrichus, tCright ; Andmniache„ ; Prime of %Vales, Jaekson, Riga to I,onthin ; with a number of threlgners, bound to different ports to the westward. All on this side are lying at Retinue, about four miles from Christiansand. We understand that new bills are to he sent up against Mr. O'Connell, this Commission. and th.t hills arc also to be sent up against Sir 11m-court Lees.—lrir.4 Times. On the 20th ult. thin v. as a violent hurricane at Copefi• hagen. between ten and eleven o'clock at night. , The sen rose to a Fres: t, an I ail the west side of Anr.ch usile:- . THE REVENUE. A6etrciet of the Net Prod UK Vas Rerenue CPrat the le.vit end Quarters ended Ike ith AR. HSU, .1,111.11 1 .44, sheivingthe Imereeseer Decrease on each ri ears eu 0124. lan. 6 1995. Cosigns Excise.. Sumps Post Unite. Taxes Miscellaneous Ittepaput. by Austria 10,406,430 036,407 6,362,090 1,337,000 6,1/01,877 410,340 706,607 ),478,401.1 10,21039 ert,113016 6,7,4A106 I'U ,UOu ,W 11,070 3411,571 1,733,533 Deduct Decreihei Increase on the Year r4uartersended J*l3. 6. I 1824. 1 12C I 5. Customs... i • • ' Stamps . Mot t )(lice 2,80,1143 4,1447,in 1,450,816 561,u00 I►l,ott tou,art Taxes Miscellaneuus Repayment by A • 1.121.011 IDedoet llncicale £ 2.874,641 6440,565 1,636,00: 366,04 X 1,066,00 125,57. 13,571,0461 1.067, 7 , 98,131 6.ut 41,UC4 11:,544 94:,t71 the Quad 803,171 ---... 146,000 An .4ceount ar the Peon, and (harp ries* the Ceronli on toe cnitirlere ended the .Ith day 0) Jrlll., 1891 nw fleitain ifi I at, eft the 506 kefaLktrev 4 wr6...._ haft.% &Weise. Z Z 103,111/1 1,156,81 3011,47 67, 1.906,977 d 9,76411 906,1110 e —,--- 2,su • Lamm` t 18,30.1 ter,eci 1,171 tea F,i4. lags. INCOME . Customs... Excise Stamps Pust thrum Taxes Misreilnueous Repayment by Austria ;'. Tontine Money ..... • • . Surplus 3d Class Civil List, tec. .. To Cash brought to this Account, to re place l':-.T like Amount issued out of the growing products of the Consolidate., runl to Ireland, fur Public Services .. CHARGE: Efehequer Annuities Jt2,L. South Ira Cuwpauy Dank on their Capita L..... ........ Dividends National Debt Cita List., Pensions Other Charges ~~ ~~.i Surplus • ; • • Exchequer Bills issued for the Consolidated Fund, at lUth Cktol,er leed, and paid of out of the Grow ing Produce of that Futtd in the Quarter ended sth Januar, 105 Issued out of the Growing Produce of the Consolidated Eanrl in further part of 14,600,0001. granted fur the servicq the year PIC per Act :f Geo. I.Y. eq. 42 Surplos at sth January as stated above Total at sth January 1523, 10 be provided. for by an issue of Exchequer charged on the Growing Produce of the Consolidated Fund fur the Quarter end• J big 5111 April; 18•55. 3,ff6,1 3,31;,1 IRE .44VD. SESSIONS COURT, Oressir-stattr, Doane., J*x. 3. lan Before Mr. Justice Moot* aid Mr. Justice VAwDetect, a :1 a Common Jitty. PROSECUTION PO2 PERJURY. Ter KING, ar me ?rue:roam of Me 311•ItGUIS OF WIST . IdElTit, V. DZIWARD 14.110U1111r, aud °fifers. This was a prosecut:on instituted by the Marquis of Westmeath, against Bernard Maguire, an attorney, Anne Connell, John Monaghan, and J. Bennet, for conspirstey and subornation of perjury. The false swearing eherreti ln the indictment consisted in an alleged adultery by the Noble !fisrquis, with one -of the 'reverters, tnne Connell. The persecution grew vat of proceeding' in the Coirsistorial Court of Lordon, where it suit for the methadon of conjugal rights is now pending, in which Lord Westmeath is protnovent. The defensive allegst n - i set up by the Marchioness of Westmeath is th e adultery of t•c M Noble arquis with Anne Connell, by whom it is alleged he has had tiro children, and with shout he has had frequent soul. terns intercourse. The present prosecution etched considerable interest In Dub:th. 'the Court was crotaded at an early hoer. At a few minute' after ten their lordslilps took their seats op the Bench. Each of the traversers had separate Counsel. fotnteen barevers were en. gaged in the case. Mr. Sergeant Mold led on the part of the traverser, and Mr. Cramptoin on the part of the prosecution. Shortly before the arrival of their Lordships, the Marquis of Westmeath, accompanied by Colonel Talbot, M.P. entered the Court. Their Lottlahips offered the Noble Alarquis gni Mr. Talbot a seat on the Bench, which courtesy was declined. Before the Jury were awn. a, lead Westmeath retired front Court, on all the witnesses on both sides being ovitred to isith thaw. Mr. Csamenos, on the Jury being sworn, addressed them co the following effect :—lt becomes my duty to lay before you the grounds on which the present prosecution is instituted. and the eat. deuce by which it is to be anatained. The travellers are irdicted for a conspiracy against the Most Noble the Marquis of West= month—a conspiracy of which false swearing and perjury are tler corrupt means resorted to in order to effect its objects, and which, it supported as I expect to support it, will be found to establish a very aggravated ease of aiminality against the truferates, and of hart:s..ip on his Lordship. The means are of the most heinous ma. ture, and the tendency to which these mans were directed was to pervert the cause of public jnst ' ce—to make perjury and false. swearing ancillary to the purpose of defeating the law, to destroy the character, and ruin the domestic happiness of the Nable Mar. quit. at whoa, suit the present prosecution has been institoted. It becomes necessary for me to state, that this prosenition greets out of a suit depending unfortunately at the prevent time, in the C siotorial Court, between the Noble diarquis and Marchiooess or IVestniezth. That suit has been instituted for restitution of ono. jugal right?, and tt is necessary for me to state the ground!' on which that suit has been adopted, as this prosecution has arisen out of cir. moisten:tea connected with the defence bet up by the Noble Mar. chinness in that suit. And her •I am anxious, in amdtdance with my irst uetiona, to state, that it is not intended even to insinuate that the Noble Lady who is the other party in that snit, bast had any participation in the crime charted on the preset traversets, or has, In :my way, aided or abetted any of the parties concerned i it. Illiatever may be the result of this prosecution, it is not to impute guilt to her, nor to offer any imputation respecting ha t except that she had been the dope of artful and dosige ing permsns--- ar persons who have been anxious to take &clear rage ot an int-able temperament, and of certain unfortunate circumatancci, to deceive lee. I should be sorry that any thing that may occur here to.day 'lmola hare the effect of aggrevating the unfortnnete differenees Innween these noble personat,tta. Indeed, the beneficial results cc— pe.-ted to be derived front this proceeding, next to its aatisfying tha ends of puhlie jostler, are that it may recd to calm and wastage those unfortunate diffnences, and have the effect of Iteding to are.. union between those noble personages. 1 hepe ft may !save thts effect, and the etret also of heaping disgrace and diwtoistlture those who had conspired and combined to !torture the smarm of public justice —to destroy the peace of the Noble Marquis and, upon the dissensions between him and hit Noble Lady, so t.cild a permanent and unholy revenue. Let me hope that it any op.n her eyes to *sense of her real interest's—that re-onion fluty he the cmilt —and that the machinations may be defeated by which it would by smiled to render their separatinii turpetual. Joatice lottetr:—Thac, I believe, is the objec• of tit_ suit iclt the Consistorial ('ours. ..... ft son rT w remmed— ft is an. my 140:11. It IS scarcely necessary tier me to inform you who the re-a..n is at *home son ' this prosecution has been iadnitnted. lie is MS of it:: few lriza Noblemen whom the mnoyal of the I.egislature from this coettry has left a resident amongst i.e. He is a Nobleman whose birth. family. and forune, arc as well known as his chararter is u- The traverser's were persons of • different rank, and of art opposite charterer. The first of ..hest Is Mr. Bernard Maguire. an attorney ; he is, as 1 understand, a lesions, intelligent, and cnierptti.M4 member of that p fessioo. To his proteasiousi sift and knowledge he adds the advantage of long praetice in the 17nder sheriffs office, in seam! of the counties of thiv province; so that he ha. ben always, If not actually at least nominally, an fhwle r . Sheriff. Such a man was alO Wildabl3 arriMellf for lord Wes tmeath; nor was he less distiniruished tOr any of the qualitieriseltteli he had ascribed to bhn. that har an inveterate and rateorous feel. Lig. which lte hu always entertalred agalest the hi artivia of _ :..rll~«..~•+ 1824. I 1825. fan.:, 2,5416,317 5.842,073 1,556,8147 'IN 'NO 1,946,004 011,618 news 7,184 334,154 5ti.794 8,1710,56% imo,ore 306,00,P loss,chami 125,371 13,571,01 N 11.40 1.1C0.1 113.4b4.774 15:992.1U6 Quarto. ended . Jan. S., 1924. I lees. _ 31 97,70 t, bio,ll'" 8,518453 1 1,111,7001 112,600 e s .674 91,701 P 9,125 e,396, 17% 1,1111,801 MAN? 10,367, 3,117, 15,488,77 90:477 X 4,3211 10,473,0f41 3,517,1911 15,992,190 1,301,381 158,894 1,M170 -141- i