The British Press; or, Morning Literary Advertiser. — London, England, 1818-07-11 00:00:00

frifna of the taunts'', wiso would encourage thee to foreign emigration. • We have received Ne Orleans Papers to the 16th M.iy. It was expected that the American General would take possession of Pensacola. The manner in which it should kie surrendered was looked for with touch antiety. It was supposed that the Npeniah Commandent would resist; barb* had no adequate force to sustain a long siege. In somber port of our NWT will be fond a lone article. which we have translated from one of the French Journals. relating to the revolution in Spanish Americo. The subject is daily increasing in interest, heightened perhaps not a little by tlw difficulty we all feel and lament of obtaining cor rect iiaellitresiee respecting the p r ogr e ss of th e conflict. We have occasionally exposed the cms. trorlectioisti rood absurdities that con‘taistly appear in the account• fabricated by the Royalists ; nor can it he denied that those sent to Europe by the opposite party. are by no means free from similar imputations. In such a state. it is of advantage towards forming • just notion of the nature of the contest, to collect niformition and opinions from every quarter. With this view we have published this article from the Jeanie/ des Debass, which, although not distinguished for any brilliancy of conception, or strength of reasoning. will, no doubt, prove acceptable, as Containing such arguments as can be adrynced by the Royal iids. The writer asserts positively, that the Spanish Colonies have hitherto enjoyed every indulgence consistent with their happiness and their tenuity. and contradicts the very general impreerion, that in the Colonies the most humiliating distinctions hail been drown between the native Americans and Europeans. His idea of indulgences and privileges may, however. be collected from his assertion, that a!tlintsgh the Islands under the Spanish Monarchy were entitled to a free trade in consequence of their geographies! position, the main land ought slot. is policy, to he admitted to any greater traffic than was sufficient to employ the native marine (mean. lug the marine of Spain in its present dilapidated sate). lie acknowledges that several restrictions had hems imposed upon the progress of American ilitlu.try, but thot they affected only trifling arti cles ; but heliesi omitted to state that these trifling articles are sugar,. *lie, wines, oil, all commodities massufactired by the loom, and, in short, every arti cle which the uierehante of Cadix may find it ad. vmstageous, in Sheik monopoly, to send to the Colo. Ines. This monopoly also, granted to the aserchenb o f Cadie, is Dot noticed. ell if it were iihnlly on worthy of anemia). The pressure of tisetion. the extravagance to the public expenditure, the armies of Spaniards quartered upon the Colonies, under the semblance of being engaged in public duty, are forgotten ; and whatever hii assertion might be with regard to the equality of all persons in presence of Me law, the eiprrysion must be un- Ilerstood strictly, fat the rules of iotiety, which are ever stronger thin law, drew the most gelling dis tinctions between the several classes in thoie Pro vinces. This we assert on the authority of many respectable writers, who have hitherto exposed the internal condition of the Spanish Provinces, and more particularly of the enlightened M. DI Hum eaLDT. The gradations of society were distinguished iii those Provinces, not by wealth. by personal ra It, or by merit, as it generally the case in Europe, but by the fortuitous circumstances of a MOW* birth, si.il 1w was honoured, esteemed, and trusted, at cording to the caste in which he happened to be hors; This prejudice arose and was maintuined by the European Spaniards, who succeeded thereby securing to themselves all places of trust, honour, and emolument. It mattered, therefore, very little to the natives of the country what the tern,* of the law might be, as long as the Spanish Govern. meld fostered • system inconsistent with its principles. The Dative Indiana were uniformly and systematically excluded from every evens, to wealth or power, and being debarred eien from the means of procuring, information, were taunted with ignorance end stupidity. The writer ill the French Paper asserts. that none of the upper ranks of the people have engaged in the revolution. This we bitten is the case, with a few exceptions; but it arises frees the circumstances we have already inelitioried. The upper classes ore an exclusive cave; they are generally Spaniards by birth, or immediate descent, and depend for their wealth and present superiority oa the exigenee of the Spanish Goveronsent in the Provinces. The quarrel is their mini; it is their power and insolence that grate the feelings of the people ; they are the tyrants against whom the present contest is waged; end it is their gelling and iosultssig aristocracy that is now in reality sought to be overthrown, but which is at th e same tinse identified in interest and etiolates with the Spanish Monarchy. Count Mumma had an audience of the Patties ?t►:OLNT ) ramle. "i'ebierdry the fluke of YORK trammeted military Imsuirs, *nit the Patina Ream at Carltou limi•e. The following is an extract of a letter from Oporto, 'laird June 16 :--•• 'The Fells Velstiora. %hid' arrived here on the 11th ill/soot from Per thimbueo, aas boarded a few days after reeling by Buenos Ayres privateer, but ending she was Portuguese property, allowed her to proceed. By ilipi it would appear that the Baenos Apes prive t•er• respect the Portuguese flag; but oilier prive t' fitted out at other ports under the same Alveo li act in a different manner." • 11,5 ••1 ! N ' jg AV . it 7 - %--atilt r - oeSo eva .POETRY. FAREWELL TO THE MUSE. PT WALTIOt SCOTT, UQ. Enchantress, farewell,. who se oft has direeed nie ; • At the close of the evening, (breech woodlands to roam, Where the fernier, lased, with weeder espied we Seek out the wild seen be was quitting, fur here. Farewell, sad take with thee shy sushen wild speaking, The humus* Amato of rapture sad woe; 04.! None batersess lever whose heart.striags are breaking, The pang slit I feel at oar parts* can knew. Each juy thou coold'st double, syd when t►ere case *mew, Or pale disapjeklsent, to darken my way, What Voice was like thine that cookS .Is of to-Niamey, 'Tell Carrot lithe strain was the grief of se.elsy ! Ent whin friends drop around us in life's weary wasseheg, The grief, Qneen of autuhers, thou cutest stet assuage; Nor the gradual estrangenteat of thine yet rtussiniag, The languor of psi., and the ehilliseee of age. 'Ti.. thou that owe taught me is .ticceate heetailiag, TO sing how a warrior lay stretched *a the Ain, Awl a guides huag o'er him with aid isavailiag, And held to his lips the cold gabki is vain. As vsin those eachaatatents, 0 Queen of wild number% To a bard *hap the rrign of hie klieg is o'er, And °Nagai& puler of feeler, is apathy siusiben.... Farewell then, Enchantress!-1 sweet thee so ogee. Tot Quago.—We are extremely happy In sly, that she report of her 1 1 41AJ Males health raterslay was eery favourable, being as Wholes :- 6 , The Q•ee• has had • ve►y good Rigid, sad is much belfry ibis siorniag." —The Paints RIOtNT, as maul, went from Carlton-House to Kew. to pay his respects to his Royal Mather. Yesterday the Paincs REGENT railed upon the Duke end Duchess 44 CUNSIERLA XD. The Duke and Duchevs of Cl/1111aRLAND allotted the Tower yesterday. Thursday afternoon the Duke of CLARINCI ar• rived at the house of the Duke of CAmsatbas. On Wednesday evening. about serest o'clock, Prince FARDLRICII and Prince WILLIAM ur Hefty Cus•el, the brothers of the Duchess of CAN MAIDGB. arrived at the house of the Duke of CAM INIDGIL, on Krw Green. They we►e accommodated with lodgings at the house of Doe of the Kong's Equerries. The Laudgrase of Hui Co►m. is also accommodated at the house of. en Equerry. The Prises% ADELAIDE of Pagination, end the Michelle, her mother, accompanied by a Lady i n Wailing, arrived at the house of the Duke of CAMBRIDGE. on Kew Green, on Thursday, in one of the Purees RESIST'S car►iages and four, where they were received by the Duke of CAM. BRIDGE and the Lundgreve of Hesse CASSEL, who conducted them into the house. Directly after the Duchess of GLOOEFSTER and the Princess AUGUSTA arrived it► nne ut the Queen's carnsges, Wes Kee Palace. They were received hr the Duke of Csuneimue and the Landgrave of FlEssx cASSZL t end being introduced to the Princess Ana. LAIDI and the Duchess of MILININOSII. they. its a few Minute" after. returned with the Duchess of Ghoucasvas and the Princess AUGUSTA, in the Queen's carriage, to Kew Prince. wl►ere they were hoimared wills an interview with the Queue. The Princess ADELAIDE and the Duchess of Mete lII GUI returned to the Duke of CASIBRIDOB'S house at a quarter before six o'ciikk, where they dined with the Duke and Duchess, the Duke of CL4- MICE. the Lands rave of I-Inse Ci,ser., Prince FILSDIRICIC sod Prince W I LUAU, hit sons. Count and Counted. Muslrits, &c. After di► n ►er they walked in Kew Gardens till a late hour. otter which the Princess AORLAIDI4 the Duches s of MOINIOOtiN. end the Duke of CLAneice, re. turned to iondon. • . . Yesterday the Duchesi of YoRIE visited the Prin cess ADlLetde sod tl►e Duchess of MEININGEN, at Gredlon's Hotel. The Duke of Cha twice and L e m Kgrirti dined with the Primers A Ellatit DS and the Duchess al Mira n • yesterday; ist Greillon'e Hotel. The fulkiwitig were among the dtat►ugui►h ed characters who celled yesterday it Greillon's ifiNel; to pay their respects to the Princess ADE LA Ibl.end the Duchess of M ate mots %seasons Easimsere; Lord Stewart, Major Iltowns,Gss. Masser% SirW►,l. sail Lady Hares, Lord &Amiss, Mrs.Wel- Issiry Pole. Count mil Consteis Mounter, Mrs. and Miss Stewart, Viscounts's Ovemeeue, Lady Pole. Mr. Mrs. sad Miss rode Care*, lbs Mos. Mr. soSllrs. G. Villein, Lady S. Bayley, Sad of Westmorland, Bari►s Butuw, Coast and Coss. tees Loch Cuestas of Jersey. lAY C. Wskieerave, Dowager Counter of Cerrito*, Mr. ilia Mrs. Arbuthnot, V►scoaut dad Vi.esestees Desgasses, Tim:seat Tea►pletuwa, Doke and Decimal of Ws Cedes. Mr and Lads C. W. Delmer" Mts. sad Mies Llejd, the Hsu. Mrs. Harley, asd lee Missed Harley. Yesterday the Earl of HAREWOOD gave a grand dinner to a numerate assemblage of noblemen and personages of distinction, at his house in Llauover.i. square. _ _ _ Doctor sod MM. iriAll, or Mity.foir i hove left town for Tunbridge Wells, for the moron. The great number of Persons whrt polled for the Lownskats at the late %Vesisnorlaud election. ►hcwa that these gentlemen were allowed the benefit of Clergy: The following intelligi...ee re.pecting Canaille is from the hero York Coarivereiul Advertiser of the 10th tilt.:—•• The Committee of Niagara District have published a pamphlet, contai ll iss g all the pro. ceedings up to the present time, and inviting the people of other districts to join in the good cause. Ssturday, the 6th of June, was named for Tow... ship Meetings, to choose Township Representa tives; and the 13th of the same missals for the Meeting of these Representatives in the head teen of each District, to choose District Represents. tives, who are to constitute thi Provincial' Con vention which is to meet at Yritt. oil the 6 th of July." kaktrie. ' • -maim- WILLIAM MUTE AID THOMAS OLIVER. The battle between throe heroes took pis** yesterday, and never was there a pugilistic combat be pliantly maintained, and comprehending 103 moony changes, as the present one. Oliver had fought himself isir to pugilistic eminence, although defeated by Career. Neale, from the Bristol nursery, bud never before fought • pi.ched battle, but he was highly spoken of, and In this instance he,►ealised all the expectations of his hackers. A spacious ring was first formed in Bulstrode Park, Buck's, oil ■ beautiful eminence, but the Magi,. trate", interfered; and the crindcarle, which lined six miles of grosi,,d, hurried oft to Mill End, over • rough road of many miles. Here th e b o ttl e wa s fought, and betting was II to $ upon N.atr. Sreilite(hi—t:ritth and Belcher for their countrymau, and Jones and Clark for Oliver. Round 1 After some feints to mends* %elite, Neale, Is hitting short, was returned mows st glitly, awl he threw out has right laud , %hid, Sword Oliver by • blow on the throat. 2. Both Mess hit short, said is. a confused mertirg Neat. went down by an ',verbalism. 3. Nettie produted first blood from the bark of his seek Oliver placed a Smart b..dy blow upon his ribs, and broke ground, sod Neale missod a tremendous right-handed lunge. A rally followed, an which wads spiral was sioirs, but Otis vets orbiter gave bins the best, although be we. well hit. Neste wait knocked dowis.-11 to 4 on Oliver, 4. Oliver, primed mum hip mettle, coninieneed a rally, but the two overhit themes Ires sod kith wrut duvets. b. A mood of wires' asiosites took show, but it was or. riiwerl is citatory§ Miguseuvring, Oliver hitting without the force of the body w•th it, seemingly, nut to have • rrpelititin of the right-hand. 4 taste in the diet round. They frequent hitsard ausiaratril, and in rallying Neat. rib! dowd. • 3. , Oreuleilly Mt:avow of Oliver, %slew planted one or two hits wilt% much gamey and Soured his adversary, wbo had retreated to the r..pes —2 nod 3 to 1 ow Oliver. 7 Oliver bled freely from the mouth sad • manly round was fought, rather in r of Neste, who tut Oliver ow trerely opus the dila. After a raleaol7 folly both meat down. R Oliver steadied himself, sod. Neste MIN% play at him, aird thsormi him by a heavy hit epos the firrellead, whia prioiravd a stream ref claret.-6 le 4so Neste. Neate clipped I. assikiree play: In A severe Wasp roved is homer of Oliver , who dosed with his adversary. awl 'eased the AIN 11. A bloody rotted is a steam trial of courage. and Nate had wine the worst of it, nkhoogh he pt pinked ■hoot the wok and there were Mires( symptoms of the Chancey sum. Beth hit themselves tired, cad bath down. 11. Oliver shewed week urea, and had the worst of Ohs roved, which &might bettiageme. 13 A severe rallying rowed, sod Neste was hit down.- 11 or 4 ow Obeli. 14. Neste Med rather the best in rallying, but he was there.. • Tome will sit permit as to eater WM a farther detail of the resod., es the sports were got over mail desk, 93 sites from London. Oliver brought he bating 10 N 1 la lils favour is the aiameath round; but la the subsequent round Pirate give his *Murat, • boob bit ea the jaw, *Sikh dropped hint Is if a pistol ball bad hit his, and the Iglu was supposed to he ended. Ohm, however, like • tree English hutl.dut , shurgerrd up to hos adversary is the nett round, and was Soared again, hteediag from the rare. He partially recovered, het is the nth and 30th mends he was hit nameless with his adversary's right head, and retold Pot he broagOt up &pia. The baffle lasted woe boar and three minutes, and was • real pate one. both wait ludeentaly hit, attiNeate's jaw had as esudvasitat mew. West Couutry Dick was (Nest iu ten minutes, by Hudson. S. Davis, Neate's codrin, best &lases. the Jew, with much gallantry, in fourteen ininstes. A novelty presented itself on the ground in a splendid bsrourhe mid four,, in which were bra ladies, who viewed the fight with mach atteatiob. BOAR/) OF EXCISE, JULY 10. ilia, flay the Commissioners, Lord Gomm Sawing*, the Hoop. Avourruo Plum, Ice. took their mob at the Board, and gave judgments iu u s fullowleg eseito:— THE RING V. LEACH. Joh• Leach, • dealer in tea mad coffee, i■ Vala-street, Sahel&lda. was charged with having • quality of vegetate ingredirota is his pusaessiu•, called" vegetable powder," ow the 11.511 i of April, lied with selling wee of the same nixed with coffee. _ Charles Henry Lord, an effacer of Exriae, stated, that out the 15th of April, be went to the Defesidast's shop, and purchased an *mare of coffee for which be paid three half. pea c e, spencer and Eady, Mather officer, were waiting at the (outside of the shop rowdy bad purchased an onus • few minutes before he (witness) went into his shop, he had examined that which Eady hail bought, and believed it to be vegetable powder and. coffee mixed. He asked the De (rodent if he had say vegetable powder in his possession, and he said be had sot. He imeirdiately berm to search, sod fused a pound lad a huff of vegetable powder in • paper behind the counter. lie was penis, that he purchased au ounce of coffee as well is Eady. Defendaet—" I dewy that Lord purchased any coffee of Me; I addlit that Eady did a *hurt lime priui to Lord Coming lat. the shop." t..ussinsisaiiiiser" Did you purchase as ounce of coffee, Lied, see Wit?" Lord—" I am satisfied I did, and when he send me I irisember (here was only half a spoonful left In lb* can. Ulster. I pee a sample of the coffee to Mr. Hubert, a fami. dealer." Mi. Hubert, dealer in tea and coffee, Higbatreet, no. rough, staled, that the article which he then produced was ibe sample gives him by Lord; he had examined it, and found it was part coffee dad part e vegetable substasee, not cbffee. The Defendant persisted that Lord did sot purchase any toffee of him at the time he bad stated. Spencer, an officer of Excise, stated that be was on the outside the Defendant's shop with Eady whew Lard wont into it; he did nut ore Lord perchase any of the vegetable powder or coffee* he remained st the door until he sea Lord go round the counter, and thee be went into the shop to him. He did sot ere the coffee Lord had purchased. Lord being reexamined, mid that he mixed the coffee he purchased with that shirk Eady purchased. The Commissioners cusieukod a leer miestes, and dhimies. ed the iutufatatiun. THE EOM e. SLANE. The Defesdent, John Bloke, a vinegar-maker, ►hiding In Tooley-street, ltirougli, visa charged upon arww differtlit itlfWlollllo6o with hawing received tutu his poiersaion large quantities of liquor card for making 'jailor, called " sugar water," wittiest giving untie, to t h e Eimer ; and ow our is. forntallue he was charged wish obstruct lag the officers from taking as account of his stuck.—Hr was cunctesed es the lest infornsatitts is the penalty of 141. ; sa lbw ovum' and third 51. each; ow the fourth is the aunt Or tat.; on Hoe aftla ; the slash was Alisiniverd ; and the seventh with. drawn. Extrset of s letter from Cloninel, dated July 6: -" The poll is going on. perfect cordiality exists between the Candidates, the successful ones cannot .s yet be ..cr►tstued, but it is generally thought the Hon. F. A. Pawns will be the first ou the poll. Satiorday is the day *greed upon to tenni.. sate the mutest." 141 INTELLIGENCE. • COURT OrsHANcEftr, Leicoues Day, JOLT 10. HABEAS CORPUS. .. CSOIVIAT is de mv►►er of csowt.si►, a. Bankrup►. Sir SAlllUst. ItotitLL* stated, that was the Petition of the Bankrupt, who had been brought up from imprisonment by u writ of Habeas Corpus, praying that he, might be dimcharged from custody. He was committed by the Commissioners or Bank rupts for refusing to answer it certain questiou put by them to him. The questiou was a very Wog one. which he would read. Mr. Rose said. hs thought it would be 'setter for him. before his Learned Friend (Sir Samuel) had opened his caw. to state an objection to 110 e mode of proceeding by which t h e Bankrupt woo brought into Overt. It would he recollected that befthe the Statute of the Sth of Charles 11. the Lord Chaticel)or heal not the power of granting II writ of thel.eas Corpas , iu vacation, and that Si& tote esuressly stated. that if the person applying. fur tt Corpess should neglect to do so belie. two Terms had elapsed after his commitment. the Court had shot the 0://air of granting him the writ in vacation. to this care the, Bankrupt had not only allowed two Terms to elapse fpm the time .Of his commitment, but tan year% This, in his (the • Learned Coutssers) opinion, was sufficient to pot an end to the application. There had been on Act passed lately on this subject, commonly called Ser. jested Onslow's Act, but it did mit enlarge the power of the Lord Chancellor, as it only enlarged those of the Baron s , of the Exchequer. Sir S. Roost LLT—" 11 such an objection as this was intended to be takes,, it would not have beep too much to have expected from those who instructed Mr. Rose, to hove given notice of it to the unfortu nate Bankrupt:" Mr. Rosa—" No blame can be attached to those by whom I. am instructed for not giving notice, as I only found out the objection ibis morning, and considered it my duty to use it fur the besirlit of my client." ,Sir S. Rikstr.t.u—le As this is an objection of great importance, I hope your Lordship will give tne twee to answer it." The LORD CUR sicat.Lort—i , tensility, you had better take until Monday, as I am compelled to leave this to-morrow, at one o'clock. Let the Bankrupt be brou g ht bp on Monday, at one o'clock. What was the case its which this was determined, Mr. Roues" Itrise—" It was determined, my Lord, in Jenks'itcisse. in the year 1607. He was commit ted fur using seditious express . at Guildhall." The Load CnincaLida—" 1 recollect seeing the caw." Further consideration postponed till Monday. JUDGMENT. *ALL V. omeek. +lwLdaD Cmatrent.LOK—. , The question here is, whether the mother of the Oliver* was Married or not ? The Pisintiff proceeded in the Ecclesias tical Court to toy that question, and he relinquished it, and his hill Was dismissed here. This applica tion then is, that his cause may be reinstated here, so as he may get an answer from the mother.— The Court cannot du this. Let the Defendants make en affidavit that tHey do not know where this lady is, and then there will be nothing left fur ale to detennioe bat the question of costs." LIAR'S COURT, Loom's-lir, IND" .I,oLir 10. JUDGMENT. TWEDOULL V.. TW•DDItt.L. Nis Honour the Vtes•Cstancti.tost-;•-" I CM• skier this cave very important On public grounds, as it relates to the prectite of this Court. k is • bill filed for the purpose of annulling a settlement made between • father and • Son, alleged to have been executed finder the undue influence of the father. It has been contended, that a father has • poiverfhl influent* over a Son, where the letter is of a good temper and disposition, for which reason the Court ought to watch the father's conduct strictly. I will, however, ask, has this ever been done Let those who have so contended, prove that they have ever influenced the decision of this Court. Itt guardian cases, it is necessary for the Court to look with jealousy, as a guardisti might influence his ward ; but here there is no proof of that kind, as it • appeared the settlement was founded 011 attachments. No pecuniary bargain of an ittlproper kind was made, although it is alleged the son had been imposed nu. The recital of the deed of settlement is on. I have therefore read the deed itself, and must say that I see nothing in it to justify the alle gation that the father and son stand its the Situation of vendor and vendee. Feeling as Ido that it masa family trauseetion. 1 will not disturb the set. ilernent—.4 therefore dosnaiss the bill without coots. This Court has a jealous eye over guardians, but it holds tittered faintly tramisetioui." Bill dismissed without mots. COURT OF KING'S BENCH, Gotta Maui F4DAY, JULY to. Sittings after Terns, befbre Mr. Justice ABBOTT sold Special Juries. ATWOOD sod BAYNE, V. WILLIS. Thil vas on action on a policy of insurance on the shy Badger, the freight end goods, for o toy. age at and trout St. Domingo to Carthagena and lack. Mr. SCA KLETT stated the case for the Plaintiffs. Messrs. Atwood and Haynes received a letter on the Oil of March. 1816, from St. Domingo. itating that the ship Badger had Ike.. chartered for a voy age to Carthagenia and back ; that the freight had been agreed for, the vessel loaded with protisions, ai.d prepared to sill on that night; that there was little danger but she would be able to penetrate the blockading Spanish squadron and reach the town; that the conjoint adventure amounted to 3,500 dollars; that it might be prudent to insure the vessel with the freight end cargo, •and that Cap- tain O'Brien was desirous to have en imurance ef fecters for I silt for 100/. The very day they receird the letter Mr. Atwood gave it to Mr. Hunt. a broker, who took it to Lloyd's Coffee house. It happened that on that very day it was • stated in the tiewspapera flirt Cirthagerit heel fallen into the hands of the Royalists, of which circumstance Meeks. Atwood and Haynes, as well as Mr. Hunt, were ignorant. Mr. Hunt supposing the risk to consist in piercing the blockading winadroo. put down the premium at three guineas. However. on going : into a box at Lloyd's, he brutal of that piece of 'sews. Mr. /loot could not take upon himself to dear ribs the whole couversatimi that took place with the underwriters; but he would swear that point body was sent by theta to the reading-rootn, to ascertain a Nether Corthigel a was In the hands of the !loyalists; that et was coll. tinned it was ; a n d that lie. therefore, enlarged the premium from three to five . guineas, be cause. in ,rase the news was nut true, the teasel would he obliged to snake her way through the blcickading squadron, and if it was, the 'fiords might put their colonist laws in force egoista • British vessel, and ciii.thicate it. r Is these terms the Badger teas. insured fur 1.2001., the g ood s at OW. and the freight •at 6001.. by Messrs Lloyd, Willis, Beverley. wad others. The _vessel and. arrived at Cardiogram, was seized owl con demned by the !Spaniards, as beisig under at foreign flag. When the slew. arrived, Mr. Hunt sirplitql to Mr. Beverley for suiymesit of the ruin for which he had iiMured ; Mr. Robinson, another of the underwriters, suggested to him to ask to see the letter of orders; Mr. Hunt had returned the letter to Mr. Atwood, but be procured it, and as it co,.i tamed ,duplicates relating to mattefi not tooth:led with the transaction, gave it to Robinson, nil all understaiiding that only the part eircestaly would br.perbsed. On the letter fr'oln St: D qo (that only letter of orders, being eiandaird o the under. writers raised the objection, •• You gave us to iht derstatial the vessel was intruded for the supply of the Royalists," end, on that ground, refused to pay the 'dins iii the policy. An action grab Isrought iii the Common Pleat, in the name of Mr. limit, but as he could hot, by law, be a witness in it, he wai *waited. As the action now ttbod lie could be is witness, and he had nu doubt his tritium:) would procure a verdict for the Plaintiffs. Mr. Hunt was called, and proved the'reetution of the policy of insurance for the sums before-mem' dotted, slid the subscription df Mr. Willis, fur a *hire of 200/. Examined by Mr. MaltltTATt. Msde out his slip trout the letter limn St. Do mingo. Hail no information but by the letter of orders. Did not know before he went into Lloyd% that Carthagena was in the hands of the Royalists; that information must hate been derited IVion con. versation with the underwriters. Had the letter from St. Domingo with him, and no other docu• ment—has searched for a letter Of orders from Atwood amid Haynes to himielf, but was unable to find any. From his habits of bnsiiiess. is cow. mind there was not one—C - inont say from recol lection of what took place at the time that any of the underwriters read the letter; but one of them having since alleged that he read a letter of orders (there being no other), and the general practice be ing to she* the instructions to the underwriter., is persuaded one of them Mint have read it. Applied to Mr. Beverley for fill part of the toss—was asked by hits for the letter of enders—went and got it from Atwood and Haynn that day or the next gee it to Mr. Robinson, one o f the company sit. ting in the too*, to read, its order that the whole contents. which were not material, might not be generally known. Ctbd•examined by Serjeattt VAUGHAN. The partnership in which he was then engaged was not dissolved in consequence of the (Amidess he had made in having the policy effected; bus 110 recollection of being sent back to Atwood sad Haynes fur further information; hid no paper signed by Atwood and Haynes, which he produced to the underwriters; did not state the particulars of the risk ; cant swear, from particular recollec. Lion, that he 'hewed the letter to any of the under. writers; but as Mr. Beverley line inner stated ;bat he min a letter at the time, has no doubt tut be chewed the whole of the letter; can swear positively, he did not say the ship was intended to go out for the supply of the Royalists, hut there might be a great deal of tonversattnii in that way ; never staled that he bad no letter of orders; the insurance wits els fected on the information, of the letter from' St. Domingo : the uudrrwf'te►s put their mimes on the slip; it was destroyed ;it his inactive to de stroy them ; does not recollect being a►ked by Ro binson for a letter from the West Indies; was newer told an action would he brought against himself if the Plaintiff failed in this. The Mate of the Badger examined by Mr. SCARLETT. Sailed from St. Domingo on the 9d Derember. arrived before Carthagena the 29th; at first sate the insurgent flag flying ; the Spanish was afterwards raised : a 1111111 came on board and seised the vessel. Cross-examined by Set-jeans VALIGNA N. When they sailed from St. Domingo there were no insurgent colours on board ; no person on blond wore the insurgent uniform; the whole crew were thrown into prison. Serjeant VAUGHAN, for the Defendant, explain. ed the rule of law applying to the case, namely, that if at the time of effecting a policy of insurance there be a concealment of any circumstance mare. ►ial to the risk, whether through design or other. vitae, the underwriters are abvolved from the cou tract, and the terms of the policy cannot he e l ,. forced. lo a case like the present, a broker sits not, in strictness' of law, a w►tttess, having an in terest in the cause himself, as he a reppoileilde to his employers for his bargain s bit as Mr. limit had not been objected to, he was competent. Mr. Hunt, however, d►d not pretend to vay positiv. ly that the letter was shown to any of the under writers; his only reason for believing it was, is by inference from what Beverley said many moiltl.4 after. But to lay a foundation for the action, lie ought to have sworn to that fact with certainty. It would be proved that Mr. Hunt wa• scot f Lloyd's to Atwood and Haynes for further infor million, and returned with a slip whi. I► (the (.earn ed Counsel contended) was the real lrttrr of orders. Oil HIIIIVIIown evidence there was a concralineilt„ because he did not depose to any vet bid com►nuoi. cation to the underwriters. and could 1101 swear di. rectly that he .hewed the letter. Mr. Bryant, Com modore of the insurgent squadron, wog a joint owner of the property, which fact was not corn muoicated to the insurers. The question was, ~J