The British Press; or, Morning Literary Advertiser. — London, England, 1818-12-25 00:00:00

more thin the even of England tad Wales, and is, MCCI4IIIIIg to the unvarying lestiintwy o r ail who have travelled through that part of t h e amid, extremely fertile, and capable of the highest deg:er of cultivation. Its population has increased surpri,in. t ly within a few ye ars, having, in consequence of its superior natural advantages, not only collected a large proportion of the putties p o ol emigrants from Europe, but also drawn oft oly of the old itiliabitatos front the Eastern or A.irritic States. It is the happy peculiarity of political institutions of the Ciskei' States, that the more numerous the Stales become, the greater consistency does the Union acquire; for, ■s it is remarked by the PRESIDENT in his Mes sage. " by increasing the number of the Sates the s °l:Heiler of the State Governments in their o wn security is increased, and their jealousy of the ;notional Government proportionally diminished." The Sours are collectively a restraint upon the General Government, and individually upon each other, which are in their turn kept within their proper limits by the superintending power of the Congress. 'There exists no single authority in the I-jolted States which can be considered, like that of our Parliament, omnipotent. The Constitution has defined every power, so that ambition in such a state of affairs can find no room fur the increase of its injurious propensities. In reading that lout of the Message that refers to the relations of the United States with Spain, it is impossible not to remark lire very angry mid un friendly spirit that pervades it. The Cabinet of Washington arc vexed at not being able to rouse the torpid dullness of the Spanish Court into some thing like that haughty vindictiveness that once distinguished its relations with foreign Powers, that they might. on the first semblaiice of hostile pro ceedings, take advantage of the pretended war, and oinks prize of what still remains to the degraded monarchy of Spain in the western hemisphere. Spain. however, dare. not think of revenge, and, iiierefore, the United States must yield to her hu mility, and surrender their conquest, which they bad hoped her attempt to recover it by force of arms would have justified them in detaining. It was necessary, however, in this political Ma nifesto, to give the world some pretence fur the flagrant disregard of all laws of social order, ex -I.ibited by the United States in the seizure of the Floridal. The excesses of the Indians, the cruel ties exercised by them against the inhabitants of the frontier of Georgia, offer a ready excuse, which is the snore convenient, as the Government of the United States knows well that the raid Indigos CUM 110 t reply to the well-told tales of their cruelties. An trvtiptioit of the Seminole Indian., the burning of houses, the laying waste of plantations, the mas sacre of inch, women, and children, present, no doubt, a picture of human suffering, shocking to it sity. But if the Seminole warriors were to 111.' wield the pen as well as the tomahawk, they too ;..reossid tell of irruptions, and hooting., and burn• nig". d massacres ; to which they might add, that to man who talks about God and religion, se e first invader; that he had seized upon the prairies, and woods, and savannahs, winch had elk; afforded protection and food to the Indian ; that nut satisfied with more ground than fie *could till, ur cern sell to his numerous brothiiin who came from betriiiil the ocean, he still encroached upon the little that remained to the Indian. and when he had driven the Inked and defenceless being to his last extremity, and goaded him to exasperation, he constitutes himself the judge between the white min and the Indian. and murders his victim for having dared to think of retaliation. The North American Indian, when first discovered, exhibited pobsesition of many noble and generous senti ments. He is eminently capable of friendship. and might, by proper care, have been incorpo. rated with his more civilized invaders. This was effected in some instances; but it has not been the policy of the United States to sacrifice the sale of some acres of territory to the improvement of an interesting and gallant people. The war against the Seminole. was the pretext for passing the imazinary line that divides Flo. Lids from Ceorgia, but the capture of Pensacola and Saint Marks was achieved by General JUR. SON without the authority of the Government— not, however—and the distinction is remarkable tint in hostility to the Cabinet of Spain. but only to evince the Ihrpleareire of the United States towa.ile the conduct of the Spaoisit Governor of the Florida.. This Officer is asserted to have en couraged mill protected the Indians, and, accord ing to the PRESIDENT'S reasoning, hail thereby merited the saute fate that 661 the unfortu nate ARBUTHNOT and ; for, siya Cie PRESIDENT, with an evident allusion to the fate of the unfortunate Englishmen, " Men who thus connect themselves sith savage communities. and stimulate them tower, which always atteraled on their part anti acts of barbarity the most shock ing, deserve to be viewed in a worse light than the atlvagri. They would certainly have no claim to No inituointy from the punish a'r which, according to the rules of warfare pra tied by the ravage., thigh justly he inflicted on the savages themselves." This doctrine being thus broadly advanced, we have u right to ask, why General JAcitsriti did loot la( card by court-Martial to try and punish the liarairard, as he did the British subjects? ler by tins represtntation the former was sore culdil)io. We lutist here close our comments fur thr present. We have received Paris Papers of Sunday and Monday last. M. Raves, the stew President of the Chamber of Deputies, entered on his ',lnce on Saturday, and made a Speech to the Chamber, con coining an infinite deal of nothing," but which, in compliment to the Speaker. was chirrorourly ordered to be printed. The DING'S health ap pears to be pretty nearly restored. lu our extracts from these Paper. will he found a catalogue of the ships now preparing be Cadiz for the South American Expedition, but no mention is as yet anode of the probable time of their sailing. The intelligence from Madrid is dated the Bth of December, and as it contains no mention of those occurrences which were for some days rumoured in Loudon, we must conclude that those who gave utterance to such reports here were misinformed. The Madrid Paper, however, confesses the dangerous state of the provinces of La Mancha and Andalusia, from the great strength and audacity of the troops who had deserted their colours, lest they should be embarked for America. These men appeared in force at the town of Ocana, about ten leagues from Madrid, and there exacted contributions. The couriers, in passing through Andalusia, require au escort of 30 men ; but erns that force would seem inadequate for their security, when an escort of 20 infantry and 16 cavalry was defeated by 30 armed horsemen, who rescued a chain of galley slaves. This state of affairs speaks volumes 011 the imbecility of the Spanish Gorey?. meat. A civil war must be the immediate ',Milli e of which the necessary consequence must be the pew., feet independence of the South American Cohstiesi The French funds have improved. The five per Cents. ou Saturday ire 64 f. 90 c.; Blink Stock • 1,515 N Yesterday, about one oNt ock, the PRINCE RE. GENT left Carlton-house Lord CASTLEREAGH was elbsely engaged in busi. ness during yesterday, at the foreign Office. The Foreign Ambassadors and Ministers have called upon his Lordship to pay their respects, moil make inquiries after the Noble Viscount's health, since his return to England from the Congress. The CH ANCRLLOR Of the EXCHEQUIR left town yesterday for Blackheath, to spend the Christina. with his mother. Yesterday the Earl of LIVERPOOL left town for Coombe Wood. The 2d, or Queen's Bays, landed at Waterford on Monday. from Bristol, and have proceeded to replace the stations of the late 20th light dragoon.. We have received Barhadoes Papers to the 10th wit. His Excellency Lord COMBEIMERE opened the Rowe of Assembly on the 3d of November, and in his Speech forcibly urged the necessity of comes. !Mating and revising the Slave Laws of the Island. In the reply of the House to his Excellency's Speech, they observe, that they are desirous to " raise up still stronger harriers against cruelty and oppression ; for it is the business of the hews to trust no thi ng to the good di.positious of men."—The island was perfectly healthy at the date of these Papers. It is raid that a great number of persons (shout twenty or thirt)•), lately Exchequered for selling sloe leaves for ter, and counterfeit collie, have taken their departure for the United States. The Right Reverend the Lord Bishop of MANN has obtained a grant of 3001. (from the Society in Loudon for building and enlarging Churches and Chapel.) in aid of the New Chapel at Ramsay, which will probably be completed in the course of the ensuing spring. The three sons lately delivered at one birth. by the wife of Mr. THOMAS BAIENDALI, of Preston, base all fallen a sacrifice to the small-pox. A poor mall, named JOHN CROSS, a boatwright, of Marsh, in Lincolnshire, has within the last fifteen days last his wife and six fine children, her that dreadful disease the small-pox !—This is a striking instance of the folly, we might almost say the wickedness, of not adopting vaccination. In the course of the last month eighty persons died of the small pox at the Hague, where it con tinues to make great ravages. Yesterday se'unight an armed party broke into the house of THOMAS NEILL, sat Daratilar, county Waterford, and near Two-mile Ihidge. After demanding money, arms, &c. and not obtaining them, they gathered the poor people's wearing ap. peril, bedding, &c. in a heap, and were going to burn them, to induce them to give, perhaps, what was not in. their power---in the mean time, and to their honour be it said, NEILL'S neighbour* came to his assistance, with inch arms or weapons as they could find. The banditti then fled; hut the honest band of country people, not satisfied at dint, pursued them, and made prisoners of two of them, Pat rick Forati and John Gorman, while as cenclnig the mountains. They found a pistol on Foram, and since reoovered other arms of his at a pit-house. Two other men were afterwards taken 011 the same charge. These four persona were lodged in Cloarnel gaol, by Captain Powytt, of thirteen, and his honest little party of rural genrlonne r ie. In the parish of Clanduff, near Hiltown, a few n i g h ts 1. 14 11. some nocturnal plundtters beset the I se of mo,STEPHENSON„ which is rather in I lonely situation, and remota from any niighbodrs. One of the marauders soon forced his Way into the habitants°. Mrs. STF.PHISNSON being alarmed, and having no one in the house but two children and a maid-servant, called out to the latter, " not to stir or she would he murdered ;" and she herself re mained in her room in a state of terror. The girl, however, felt no such apprehensions; hut, with 11 truly Amszoitiau spirit, sallied out to the kitchen, seized the plituderer by the throat, fling him down, and pummelled end kicked him with so much forti tude and perseverance, that he bawled out for mercy, on which she thrust the discomfited villain out of doors,—(Netcry Asper.) DOYING ASP BULLtAITING. The young ball from Norwich, whose performances had atirtcted much attention its the Coll , lltY. was staked yea. terday, fur the first time before the Londoners, and be sic. iluittoil himself like • Bwudall, by kre p nt. his ailversariei in good order. But to make tip a day's spurt, two hells took place for subscription purses, between • water. wan, named Mom.; and a St. filles's Pat, name , ' Afitrphy, and two others of inferior note Croptes and Wm. perry seconded the waterman, anil Ton doors tool Skelton went in with alai phy. Belting was 7t04 on Murphy. The fight lasted forty miaow., and the first part of it was manfully contested. The men let louse 11p4111 each other with much delernsistat ion, sad some severe hits were placed io the fin, ruituil to the advantage of ‘liirphy. The second round was bravely contested, hut the waterman spewed sum very good generalship ; in the third round he brunglit his adveisary down to his weight, and by stontaelisrs be brought down Murphy's head to a proper klieg' fur receiving, and In the fourth round he secured the battle, although it look him ninth time to win it. In the latter rounds Pat was too groggy to du any mischief, and the waterman won it easy. The next battle was between • black and a white, which was MOO by the latter in ten miuutes. Both appeared to lave been in want of a heef.stake. Next appeared the celebrated Norwich bull, which set the yelping tyke's at work. He turned oat superior to the Cum ashreare's hull, and treated the dugs most contemptunitsly, fixing his eye upon them as they advanced towards him, and never commencing action until they were close upon him, when he sent them into the air with the greatest facility. Is ordrr to keep pace with the amtisemeatr, Jack A.* Comma, near Ealing, was fixed upon for the spurts. ROBBERIES DURING TER FOG. On Wednesday night, the Lion and Lamb public-hoiem was catered through the lest floor window, by robbers, who broke open and rifled a number of dritwers, desks, he. and carried off property to the amount of 501 and a 101 Bank of Ea' ntland note. They obtained entrance by means of the bleip-post, which was immediately under the wiud.iw. It appears by the following circumstance, that the robbers of Sanstiwark have most craving appetites. On Wednes day 'vetting the entire quarter of an ux, weighing one hun dred pounds weight, was stolen from the situp of Mr Kees bile, hatcher, Lambeth-walk, during the fog. On the same evening a whole sheep was carried off from the shop of Mr. Garman, butcher, in Kent-street. A constable beiug on the spot at the time, pummel the robbers, but did not succeed ia apprehending them. A most daring gang of thieves have, daring the last four slays, taken the advantage of the weather, and committed the moat outrageous depredations in the neighbourhood of New. port-market, Gerraid-street, and Cratibourn-street, and also Warrlonr-street. Several gentlemen have been knocked down and robbed of their watches, seals, &c. The constables have vainly endeavoured to secure the villains. Their flash names are Col. Bartow, Capt. Thompson, Major Mat, and six other persons, who have also assumed fictitious names. A female who resides to the family of Mr. Hall, 94, Strand, was knocked down in Southampton-street, and would have been robbed had not some persons fortunately come up at the eminent. She received such a desperate blow that her situation is extremely dangerous. She spit up a quantity of blood, and has kept her bed ever since. During the whole of Wednesday night, and a great part of yesterday morning, a mob of about thirty thieves infested Deary lane and Lincoln's lim-fie Ids, knocking persons down and rubbing them in the moat barefaced manlier. Previous to the watch leaving their posts yesterday morning, right or nine fellows surrounded a chaise, which was waiting sit the door of Mr. Saunders in Queen-street, in order to convey that gentleman out of town, thinking that it wan a vehicle which had broken down, itud under pretence of rendering as sistance, endeavoured to commit depredations. They knocked down Mr. Saunders; bat before they could rob him, two watchmen come up, and took one into custody, routing the others. He was lodged in St.Giles's watch- Imam The Earl of CLARE. Countess of CLARE. and Lady lIARELLA FITZGIBBON, ho►e left Mount Shannon for London. M►. PEARMAM, late of the English Opera, Mr. FOOTE. And Mr. CHAPMAN, are in the list of prr. formers engaged by Mr. DE CAMP for the opening of the Newcastle Theatre. Mr. HAMERTON, from the Covent-garden Thea tre, made his first appearance on Monday night at the Edinburgh Theatre, in the character of Young Norval, in the tragedy of Douglas. SURREY Tiimax.—Notwithstanding the short time this house has been closed, it re-opens with no less than three new pieces, each of which. report pronounces, equal to any of the author's most favourite productions. Mrs. llostne, Mr. T. P. Cootie, Mr. GIBBON, all from Drury-lane; Mr. FRITH, a very promising provincial actor, and 14 , . veral new candidates, are engaged to perform in the numerous dramas said to be forthcoming. A remarkable circumstance lately happened in Glasgow. A lox was discovered in a timber-yard in Clyde-street. The workmen were immediately collected, mid measures adopted to effect his seizure, but fur the time lie made his escape. Intimation was then given to some gentlemen, who delight in the sports of the field, when lie was caught, and carried off to slier, his swiftness elsewhere. It is thought that the fox had been about the timber. yard for three weeks before he was discovered, as the remains of poultry were found lying, and he had been often Peen, as other u sky-larkers" are, by the watchmen. One of these nightly guardians asserted, that he had heard a hen making a noise, at the time reynard was running off with her (coin the Ropework Entry. On Wednesday evening. about five o'clock, during the fog, as a cart belonging to EDWARD Duna er, Esq. of Tooting. Surrey. was passing through Whitechapel, a trunk containing a quantity of wearing-apparel was stolen therefrom. BURGLARY.—On Wednesday night. or Thursday morning, the dwelling-house of Joua M.TAna arm Esq. of Nutts Green, Leighton. Essex, was burgia. riously entered by an organized gang of lionse breakers, who infest that part of the country. The villeins succeeded in carrying off a quantity of plate which was on the sideboard, the servants' livery from the Hall, and la in Bank of England note.; they likewise emptied the pantry of all the provisions. This is the third time the house has been rohbtJ. On Wednesday last a Kirkcaldy pinnace arrived at Leith, having on board two ponderous bows, iu lauding one of which the bottom gave ►vay, and, to the consternation of all assembled, a dead body fell upon the ground. The other hot being exa. mined, was found to be filled with similar contents. The peesons who I►ad them in charge were mime• diately detained, and carried before the Mogis. trate% who ordained that tl►ey .Gould be re-convey. ed, along with she boxes they had ►n charge, by the same pinnace, to the port front whence they came, Under the care of two constables, and by them to be given over iu charge 14 the Magistrates of Kirk► L4W INTELLIGINCL I 1. •• • VICLCHANCFLLoRs colinT, ..111c0L11 . 11 Tuutasimit, Ukt.. 4 mula 24. THE ATTORNEY-GENERA'', tit the ratitiols of the Mary is of ULANMOND unit the Mote. Anita ELLIS v. /its Grove she Doke of nlAßl.noaou :H. [F or th e circa ils*ltillrei of 111. chase, see this Paper of Satuiday met Tuesday lase] The VICE-Cit isceet.ero—•' Yew, Mr. Bell, eiippo:t the &lo aner. los erode% the ease, ynu most consider it ,is if the Act of PallieMetet paw l:lg the ' , elision 14 5,003/. per ...mum tm . the Duke of Nlavlleirough, and lots successors . was eat out in the p!eartings." Mr. BELL wit' hr Comore' for the Dr. femlint, tool 11% sorb, it tva% Ili. duty to coote.id the. the demurrer ought It, lie allowed. The Act winch had been inetitioned by his Honour. WWI a public Act. He thought it solved itself into three yeestions: the first as it related to the house I,e Blenheim ; the second as to the cuttieg of the bather ; and the third as to whether the inlorinstion would lay. He was dilly uwaie of the great dis advantage of every Counsel in arguing in support of a demurrer; for by the demurrer, it was supposed that all that was stated 1,1 the bill was true; besides the demurrer could not mond without it affected the whole bill. lie wool.' take it that iu such an estate as the present, there were certain nu lilent•. of waste which" could not he preveolvd, a ',hoot there was sometheig skew!, iu au Act of Par liament to the coetiary. The Learned Counsel in support of the lamination, had it in their power to put the most (nitre case, whether the Legis lature did intend to allow so and so ; but Chit ear not the way of [iodine the question. It was, a lie ther die Legislature did not Intend to intruei to . llie honour of the succession of the great Duke of Marlborough that they would du what was right. If that was not the intention of the Legislature, they would have limited the powers glens, to the Duke, and put it into the halide of trustees. Would it be said that the Legislature meant to tell the great Duke that they condenmed him to live in a house that might become not in a habitable state, and that he should not he allowed to cut down a tree, but it moot be allowed to rot until it fell on his head ? If this was the argument to he held out on the other side, the first Duke might have planted the grounds on one side of the house to represent the battle of Blenheim, and on the other side to represent the twelve signs of the Z•idiac. The Vics-Ctiaticeet.oa—" I um afraid, Mr. Bell, you do not take a right view of the case. Court will not condemn any Duke of Marlborough to live in a house not fit to be inhabited, line till it prevent him from cutting down a tree ; but it will give him the honour of residing in the house of Blenheim, with permission to beautify it, but not to do an act of destruction to the injury of the house of Blenheim. The first Aet of Anne, I per ceive, takes no mince of Blenheim house." Mr. BELL said it did nut, but it mentioned the house of Woodstnek ; the reason the house of Blen heim was not mentioned, was from some cruse not generally known. It was not finished until the time of George the First, and the tradesmen were paid by virtue of an Act in that reign. The VICE-CHANCELLOIL—' , The reason of that was, that the Duke lost the Qiieen's favour, and she did siot go on with the building." Mr. BELL, in continuation, said, that the Act of the sth of Anne had no restrictive clause, ex cept that relative to leases, which only went to pre vent the alienation of land. There was not a word relative to house or woods in it, u n til they came to chapter A, which began with the recital of the ori ginal grant ; but there was a passage in page 320, which set forth, that the House of Cumulous had addressed her Majesty, stating that, it, consideru t. of the great services of the Duke of Marlbo rough, and as her Majesty had been roost grit. cionsly pleased to erect the mansion at Blenheim as a monument of his glorious actions, and that the House of Peers had conferred his titles and estates on !dm for ever, they (the Commons) wished to express their gratitude to him for his valorous ex ploits, by enablilig him to support his dignity la the house of Blenheim. therefore they granted and his successors 3,0001. per annum, for ever, out of the revenues of the Poet-office. The VICE-CHANCELLOg—" When the Coin nsons gave the 5,000/. per annum as a gift for the support of the dignity of the house of Marlbo rough in this national monument, the house of Blenheim, did they not menu that it should be maintained and supported ?" Mr. BELL void, he felt the force of liis Motioned observation ; but his inteutiou was to go through all the Acts which bore on the questiou, and ground his argument on them. When the pension was first settled, it was limited the same as the house and manor of Woodstock, and not a word said of its being settled on the house of Blenheim. The Vtex-Coaucer.l.Ort—. , The pension you allude to was only settled on the Duke of Marlbo rough during the life of the Queen. She had no power to give it for s longer time ; but this pension is to him and his successors for ever in the house of Blenheim." Mr. BELL said. when he argued the cue of the Attomey.Geoeral, at the relation of the Duke of Marlborough, a. Davis. before Lord Chancellor Eldon, he contended that the pension from the Post-office was liable to he received by ti receiver. The Lord Chancellor tl ght otherwise, as the clause in the Act said, that the yearly pension should be paid by the Master of the Post-office for the time being, without the interposition of a war rant, and into the hands of the then Duke of Marl borough. His Lordship Hi-lowed the receiver to be appointed to the tents and profits of the tataty, but would not permit him to receive the pension. The VICE-CHANCELLOA—" f urn rule the Lord Chancellor's attention was never called to the house of Blenheim alone, the dispute ras net between the house unit the pension, hut between the estate and the pension." Mr. BELL—Certainly it was only ar K tierl ns a question of proper►y. The payments from the Post-office to be made to the fonds of the succes sive Dukes, aultle it inalietialde ; then construing that Act with the foo user Acts, it might thew it was the intention of the Legislature to restrict against destructive waste. He con t en d, d th a t the preaent case was one that the Legistotore uevrr • • e •, • • •cutstemplated, ir they Lira, they would have put clauses of restriction Ur the Act ; therefore it was not for a Gout of Pipit). to take into itir counties union wised it relight in have stone, but what it IV. to illy did emirs. But the Legislature . 101141.4 A to the iloomisr or tie surces.ts of the first Duke to keep every thing its *lair rier.l. If they sled scot mean that., they woullf hove none as they dui w the estate voted to Lord ‘Vellingt ((((( trustees to ge.irry their ilitentions lute, effect. Ifc would a•k, where the Legielature could more safely isstrinq the protection of the properly than the pillar itself. the successor of the great Duke of Maelinerougls who supported the title? le . it was sent the mien. II"ti of the iegtshonee e n d they minudsl he I elkirjet. ed, the Court tun's' nut make iii; their rleticieserey sad restrict. Its would ti-k, if eon Is a rase as Ant occurred in the lite time of the tirst Duke, and b f j.i g melit Oil is, round he slot says I r eon 11 roller lake the estate depending on the honour of my ienstaery, that there should be clatues in the Aw to restrict them from doinee what th-y would net Internist to do;" for if he said otherwise, it would be. that " cannot trine to the honour of even toy posterity ; and, therefore, there mutt be clauses to restrict them, vo as to oblige float to do honourable right." Conk! leech a man as the first Duke of Marlborough suppose, that his successor. would he ire de based as t o ••COMISIti 1111 act- that would roily his name ; they were ..obliged to believe the same e• ul the contrary was in evidence In-fore theui, and no such allegation was to lw found its the record. The Noble Defendant only stood forward to sups mist a right to do what be never Untended; but Ile tl glit it was proper so estalslish it for those who meglet succeed him. The Learned Counsel said these Was another point he had rwritni to eateution, flinch wag •that relative to the allegatious or the law !nation. Three was not a word rond in it of uts thiestened. destruction to the htnise oft Bleu, Items by the Noble Defendant ; thesefore, if his Hosionr thought that the Defendant might be te strained, bynejunetion, from injuring the hem*, and sent from cutting thesis the tionlwess r lee .fill must contend that tile el ter otiglit to be sit , - filmed, us the house was not mentioned in the information. Mr. Witt Y' and Mr. IlaNSual followed on the same side. The SoLICITOIL-GENERAI. rc4e ou the part or the Plaintiffs. The Vice.Cuatscrtt.ott—i' It is unnecessary, Mr. Solicitor, for me to hear you. 1 considered this subject very much before 1 nietiiiiiiied it to f C.:% I disclaim the idea that a Collet of Equity can construe an Act of Parliament against its intim. ing more than a Court of Law call. Bea they have the right to are by initilication the meaning and the iutenuutt of those mak ing the eatitie. Therefore it is necessary to take into consideration all the Arts ott this subject, mid collect front 'them their :waning. The first question then is, whether the statute does restrain the destruction of the house of Blenheim, and whether the record raises that eprestion. The 101 l charges that the Noble Defendant lias cut orna mental timber, and that shading aii ! ).to t Ctitig I li e house. The demurrer holds lie has mire-banned right to do so. - I am of optmon lie has no ti ; ;lit to do so, when it was the intention of the Legislainie to maintain the house of Blenheim, whatiwer lie suer do nn the estate which lie holds in tail. The first Duke received this estate in t-e for his great national services, the house of Bleiilieim is a. mit mentioned at that time, but then 1;;, , Doke had no titles that were not limited to his ni-de descendants. Parliament thought they might to he granted with out limitation, and when they .came about i n grant him that greet honour, Iltry thini...tiit it ns.^rssaty that the property should be annexed to 1!:r titles, and applied to the Sovereign fur that por l iose; and there was an Act made, that the rq sirs of Wood stock and the house of Blenheim should go with the titles, giving to the successive lin kiwi the estaie ill tad, without being able to pass filltfl a n d rt. covery. That important clause in the Act, giving the pension, gives the former Act all the force, relative to whether the 'Raise of Blenheim is to be considered its an incidental loot of the es tate, or a distinct subject, to he annexed to the honour* and titles. Am I not then to look ut that Act, passed at the same time, or a few days after. wards, which settled the pension on the Duke and his successors, from the revenues of the Poss-office‘ far ever, when before it w 35 only a grant from the Crown for the life of the Sovereign, time revenues not being vested in the public? The words of the Act are, therefore, no longer equivocal, what the Legislature meant by annexiug the house of Blenheim to the titles. The Sovereign give the house fur ever, the Peers the estates bir ever —and then the Commons, to 'Mew their grati tude, threw in their mite, and gave the pension of 5,0001. per annum for ever. Theo time grati tude for the eminent ►ervices of the Dolce. emanated from the three branches of the Covent: meat, as they airy, es a monument of the country's gratitude, to go down to posterity for ever, and to be considered as a record of his great achieve ments. Can it then he any longer egoistical what was meant by annexing the Lotto! of Blenheim to the titles and dignities, When the Commons called it a monument of public gra titude and a record to last for ages? I have no doubt, therefore, but that the Legislature intend. d the house of Blenheim should he preseised as a monument of the gratttud•a of the country. Th t - le can be no power of the destruction of the hour vested in the Noble Defendant, theterme he can have no power of destruction over the trcei which shade and protect Ore house. As to the question of cutting down the timber, shit roust he argued when the injunction is moved to he ritssolvial. If ever this Corot is called on to decide the ortferenee between the enjoyment of an est it s. and the destruction of it, it cannot have any culty in drawing the bete. On the ground•, th.ree Pore, I have stated. I disallow the demurrer." The fnmer judgment reverwd, and the injunc. tinn continued. THE. QUEENSBURT LEGACIF.S - 'FROMM' N. MONTGOMERY did ortillg. Mr. HART aril that this was the Poition th e Countess of Yarniouthi i praying .t be referred to the Master to approve gild tftpoit.t her hosissial, the Earl of Vermouth, her trt,..r.., 140 rrcrive from the Drfeminists, the exe.uutora c 1 ,t, e late Duke of 9ueeusbury, • coovlalice of terJA4 .i v ' .f