The Sun. — London, England, 1813-01-22 00:00:00

tett:read and ltd.wonH ask those in tire habit of tendinri . Parlitment, if . they .were not t10..v ten to d'scw.:sion [The Tlnnonrahle Baru .. iet,., W. coat s , " most certainly turned ow at last.he \Vas not out of wishea t'aem to con , ,ider, whether ode not IRenia g of the trade woold. he so injurious City :mil Port Of Loudon, ns not .to be etitiated by the good done to- the ,nation at It appeared from the documents produced E4t India Company, that in six years the atimunied to about I 0,000,000/ and ,000,000/, had been ,sent , out in bullion; 1 9 0 ,004 in goods. and . stores. The re td amounted to 8,000,004. so it appears to hail been, within that, period,. a loss of 1 01. en this trade: in one year there had i s expetienced of 39f1,0001. The opinions `uadas had been 'quoted, but h.' wished recollect, that the _circum s ta nces ,. of., Htny (littered materially front what 4.1 7p3. At that time, their dvia 0001, tiaw it athounted to 31,000,00QL. Wilt it was losing trade. find 11e, lived to see this, his opinion elva4iNl. Ile would . ask" if they ny to th e i r fellow,countrytnen that trade to the East Indies, which were allow e d It staggered him doctrines of Dr. Adam S>atitil 4e• to give way,to the East India that it should be allowed to carry ie, after the experiment that had ' N 6re observed, it was not the Cotapatty, but their own, that they tr 1 4 9::!eeding. . thought they might then to 'yes and not agree to resohltions. founded in fact.—(iiisses, and na mptested silence. Was ready to . stand thereAill:,. *0v...—(.4p»/auscs ctin.l . his4s.)7l.-• ..coo,:iderable length intOhe tended. that the \\hole to*. loved . , from London ; it could be touched, and, he larger AlaKe would still hough the trade Were open -1 le ;toticed the regularity of ends, and their anxiety for of London, but asked if_ , sward is its behalf before 4, noticed the walls , being Itt beware of the chartered ndon. This he dkupprov arter hail never been per-, I out, :,nd it was now for ' , hider on what, teroli, pit (Applow.;)—Sorne. of the who had formed!. been king of ,sen i ts' being sold mach diyapprotatiOn. c ede. the peysOns there as ere all night; it he • rry for it, hut he .ccittla they interrulited — He dens proceeding, ; bat' could dot And: Mr. NVnithrtian id at one moment alt. gh it was impossible owcroft 'made a new nd Mr.:Waitinnan• t heard. lie begged nt a point otorder . ould IVA be' heard, proceed, but was jra cif- , :-t)!} le light, rattier than Meeting to sup iven way to cht- , ‘V' ("t Yr , 'qtr , done. (111.3 its, should exhaust. teeting to hear ave been-able for these in was Forty to I.llnps faction frotti iderably re ' bad' been `4UUted Mr. cotild, only lebrook be t. lie was arters the thefound te Parlia- Last. la the peo th great entrally t nuluct, a upoli, 114 ugh tnetit.s Oulil the who ear. ata -11-'6 be be the extension of, the trade, as far it could be he itefieially extended for the country ; but wab anxious to confine the imports to the port of Lon don. The Amendment of Mr:Waitbman was then negatived, and the first Resolution Carl iCti The other Resolutions were agreed to ..vitllolll a disetission.—On one of them— Mr. DAVIS observed it was of great impOrtance that the imports should be confined to the port of I4ondon. He then spoke of the evil elrectq to• be apprehende3 from coloniiation, if the trade should be thrown open. Among others which he enu merated, he Was of opinion it would bring a class of persons to this country front India, wile; would iutt•rmix With our females, and spoil the old Ett:g lish breed.—(A laugh .) • Mr. MARTIN took occasion to state, that the" placards noticed by Mt'. Waithman had not been put up by order of the Committee. Alderman Comun, Sir 'J. SHAW, and Alderman ATK . INS, SeVentily 'addressed the Meeting, spae faVourably of its object, pledged themselves to give the subject their best attention, and the right's and privileges of the (ity their firm !topporf. Mr., lloWeitovr again contended, that such a Meeting Might properly he called not to discus the generalvestion, but to consider how to guard their own interest: If the conduct of the Com mittee, in wishing to exclude general discusHion, were not approved, he hoped it would at least seem excusable. The Thanks of the Meeting 'were givien to the Lerttlkia"yor, who, in acknowledging that ho nour, expressed a hope that his conduct would give general satisiactiou. The Meeting then broke up. SPANISH DECREE. The Regeiley of the kingdom have decreed, that until the new division of the Spanish territory takes place, the.ancient demarcation •of Captain and Corn mandancies -G eneral are to continue, with their respective Chiefs, but,the names.of the .dif levent armies are annulled, remaining only four for actsve service, and two of reserve,. in the following. order :- That of Catalonia will continue, with the name of the first :' the second and third formed' toge ther, to be style.l:the second -: the fourth and fifth Will compose the third 3: and the sixth and seventh Will he formed into the fourth. Those of reserve be, called that of Andalu,ia. and Those:two last mentioned are to be entirely uu 'connected with the others, and their respective General in. Chief will coter...unicate directly with the Executive Government, In like manner as those of the otherarmies. The General in Chief of these armies will have no. other authority in the provinces they are tioned in, but 4hat is given to :diem by the mill- tary laws, finless that they, areoat the same time 'Captain Generals .of " the province their army is stationed in. • - • , All the .armed. , whether regular or irre oho', which belong to. one. or other of these armies, will follow its, destiny., except these Odell the 'Govern ment•will allot for the formation of the' armies of reserve... The - tundes;Will be; :composed of division and, brigades.. The first not.to exceed eight liattalions; and the latter four, with the corresponding eaval-. _ry and artillery-in the• same proportion: to each army. When once formed into diviSions.and brigades, the corps allotted for. each. army*, ;are not to be: changed into , the other; without -the-most,urgent. netesSity, i I . In whatever quarter thost 4arniies.are stationed, Generals of Division . , must cominunicate with their respec.tive 'Generals in Chief and Staff ; and only' in case of ;the•communication being cut WI; art' they permitted to correspond with the Exectt-: tive Government. • - • No General in Chief, much less any Subaltern, can - form new ccaps of the Army:, let their name. or title be what. it may,.. withoat•• the. knowledge and=apprcibation of Government, _except the Ge-; neral ia'. Chief Bit:Akin, which is granted •to them by the in ;i::try code: nor . can they reform. nor • incorporate .any corps, - without the smile requisitei . even though :it should :be far pnnish , -, meat ; •in such case, they must proceed with that formalityVvhich an net as serious as: it is trauscen , • dental requires. Cadiz; ti..),tv. 18, 141 , • . i . General Sir C. Sitti . Lor is uppointeciT:.Governor of Granada. . ' ''. • . Persons desirous of particular or favourite Numbers COr the ensuing Lottery , (a hid' begins drawing oo the 17th of Tehruiiry) loOtit be early. in:their applica(L , l at either ot . EvioN's ()dices, 3 C9rniilli,-.,0r iB, Coventry-street, Ilayinatket, as the Lottery cousists.of only 7,000 Tickets, and 'turtles:llA, as all theCapitai Priztri hi last Lottery were sold its Shares, and part of theta at ,the above (Miceli,' there will be a scarcity of Tickets previ ous to the drawing, indeed, so confident is EvroN, that'he thinks there-will not. be any left for stile three days previous to the Drawing, • The-following anecdote is extracted from the St. Petersbargh Patriotic. stud Political Journal, a periodical s , ork,,_sonlething in the natnre of our ma..,, , saines, now published in, the anssitut capitol. :.. '‘, 'We hope to afford pleasure to, our reader s, by ' furnishing, theta with on account. of 14icutenant , .. - .General Boron Virrr4s.4;R4sunz., rnici of, Major NAR IN,[SI who was taken prisoner at the same tiane with the Baron. On -their Way to Minsk they continued to cherish 'great hopes of being freed from their captivity; but when they hatt ad-: . vanted beyond that town all shadow of hive tied. The Fiends also were A o colaficjitTht of the sr:t•►o • Of their priscOner.i, that thvi guarded them care lessly. One morning B :t ron , l4".torzEstoLaong espied a , CosSeek at some'distiotee;:(inti-ceratntidi7r, , • cated this to Midor .1":.iti.:41.1,.) N, ,W I 1i , al: first. was • lotit to credit it ;,, however, ..on approaching nearer, they were soon- convinced that they A i . li.:ye:iuty ili„.oyqcd n LvatTior :4Ythe '14 . 40. 1 1.,,i4 litiSonNitiTzENavaturn rose up, exhibited; is orders to view, and exclaimed, .1' I ani-alltallift General !" ThO - Crioadc'Viinlilied in it') inittOt; b u t 5,.,t it ,dter,'Welve of hi' C om putsionSisPin s ur7 ! f! ( I, fen. jir)n trie , gnalliS; disarmed tin - t. 0(11( the ~ ,. -..!iv e, tronl the carriages, placed' thesis vii COs•- • 1 ''''' .l- ' "l'c , 'lad gAllqpeil Off with' them 'to the ~. „,„,..,„..a....tifters, LAW REPORT. COURT O RiMa'S JAN. I'SITILY. ITOFLING, qui tam, v. COLLIER. ThiA Wa6 a pemd action brought upon the Oa tut. of usury, to recover penalties to the amount of 13,000/, and upwards, against the defendant, for taking more than the legal interest of 01. nor cent.. Ton the discount of certain bills of ex- euan!.,e. Tue Plaintiff was clerk to Messrs. Boyston .and Byothers, timber-merchants, ;'s , =l .:,,Lrk-lane, and the defendant ,a - eonsiderable inerciLlin..residing at Plymouth: It appeared, on the part the plain tiff, that Messrs: B:Iston having had some cur.. respondence With the defendant , -relatice to con signments of timber, about the latter end of the year lEllo : emitted to hint a bill of exch.nige for 15341. l7s sd. requesting that he would di s count it for them. Ile accordingly, the following post, reinitted thein short ,bilk to the amount of 10001. and the next post sent theist the boLluc, deduct * the ,regular. discount and t!te usual postage, stamps, , &e. besides (u..i app,..Jteciiro s in the ac count) a n excess of inter , 2st, atuounting to -I/. 98.5 d. charged tinder the head of commission.. , Soon after .. ..`de-srs. Bt ystous transmitted to the defendant other bills for discount, amotinttng to ::;04S1. 2s. 10d,„ upon which, there Was also an ex cess Of, interest charged (besides the usnal dis c;ount) postage, &c. of 131. 14s. 7d. under the like heat! df" commission . • Mr. To [Tim:, for the defendant, stated, that in consequence of. sonic ditfertmee arising between these parties, the defendantSeing under. the ne cessity of arranging his claims against Messrs. Boystons, without any complaint pa their part, or Any previous intimation, they had thonght pro per to authorise their clerk to bring. this action against his client, in order to recover the enor mous penalties of, 30,0001. and upwards, npoii transaction purely innocent, and perfectly fair on his part, and to take out of the pocket of this re.„ spectable Gentleman that immense stun, Which must, if recovered, involve hint and his family in 'utter ruin. The Learned Counsel then proceeded to comment upon Inc account in . which the,,e .Charges were made, anti to shew, that.they were SO made with no reference whate‘er to any usuri ous consideration, but were the regular anti lair charges of commission, as between the Merchant in town and his correspondent in the country, and which was the regattar and. established practice in all such transakions,us would be proved in the course of the evidence. Upon the first transac tion he had Charged a commission of one-fourth per. cent. and on the second one-half. He then cited, severaleases -from the bookS, where the Court, particulittly Lord Kenyon, - had held that country bankers were entitled to such commission, and in some rases where 'evenn - a larger commis sion was allow' d i for extraordinary trouble, &c. Mr. TorPiNG having. concluded, the Forentanot the'SurY,:addresSing..the .Court, stated, that the Jury were: satisfied; and .Mr. ,Topping need not trouble himself to go into evidence. .Lord Ect.ctstaoatition , .--'', , , The evidenci .has been opened f to you, Gentlemen, in the Learned Counsel's lettett, and we must go into it.---{Tu Mr. To pping.).7.-;Noti had better go into your, evi dence; to Spew that this is their usual . mode of diteling, otherwise a mini may Charge, under the colour of commission, any rate of interest he may , think proper." : • The Clerk of the defendant who made up the account, was then called, and pi oved the outgo, ncr in which it. was made up, and that it was usual in such transactions to charge a commission . of one fenirth , ond' a half per cent. 'exclusive of the legal discount, .postage, - Two respectable merchants were next called, and, stated, that this ; was thensual eharge4nade by merchante, , and country hankers upon all similar. transactions, except when there was a special agreement taohc.contrary„ or, as matter of favour. In some CWICS, according to circumstances, a larger, conunission. was charged. TheSotiorrott-CrENEit, made an able and elo. Tient reply, Lord ELLENItOROVGII-7 , -“ This :is an action I'ollllllo 01 . 1 the statute of usury, which was enact ed a considerable time ago, ninucly, in the 1 , 20 of Queen :Anne, and by statute, any profit taken as interestheyond the interest of 51. per cent. subjects the party to certain penalties ; they arc certainly very severe, and upon the policy of that statine it sloes not heeome me, in this place, to eommant and dilate, ,AS' long as it remains a law upon our statute books, you and I, and every, subject of the realm, owe. it . obedience. I have no particular favour for this statute, and I Know tliore are nt my persons who have thought it rs nub! not be inconvenient that, money should bind its own level, like all other commodities, areoviling to their rate and value hut the law says, other wise, and it is my duty and youe duty to enforce. and give effect to that statute,: so long as it altall contimte on out: statute hooks., , But, Gentlemen,. although the law will not allow U party to „take more than tliciegalrintercst, yet it .has ,been de , chichi that he -tinty be .- intienntified,,against certain charges,.attendant ,on, this species of traffic, anti may throw into the,average, the expenses of their estatblislintit A 4,:t in the Case of -hunkers keeping an office and clerks, etc. it beingundetstood4hat it was only an indemnity, a nd to that extent it was allowed ; but in the way of' collateral agency and , profitr, thedaWdoes not allow it, indeiWthere be - a'speeial exense' for receiving above: the tlfs.. count 'of at. per cent." Mete iris'Lordship adverted to the charges for cowntission in the defendant's account, anti con tinued . , . `k ( "Alleist:is enomisslon of one-fourth and one balf per cent. beyond the legal- hitereat, the chnigesioir , puittuo, this not an advan tage 10,-:•this cannot be. alloweda4and hoperraWris4o:rfeite i L 11.. it it atilt is.ra tptestion or you to decide whether this is nor taken accord- tig tortioni - csUbititiog W14'1)1111 practice; but it vitiate:4w .ovidelice befi*efiar of some special charges warranting' such an itiderailatefiirr you can decide in tliiricar7irwTrirttroown here theSe.cintrges, Htiltever,- it isitielif!' -, by , m'ho been called before yon, that in every instance -where are~article passed-through tbe - b -cs of a merchant, it warrants a charge of one-halF per cent. If thakkei.he case, then all the op!niint which the most learned and profound itni.;es of the land have.given opon this subject must he er roneau3 ; but to say that the mere form of n(•t!ag a transaction in a merchant's books, is to entitle him to tills charge, is nothing inure nor lo:‘s tban repealing the staute altogether, and if a Jndge feels as he oughts() feel, be wilt not fear to violate the tastes and wishes of those who think other wise. He is to look only to the solemn oath of his office to administer the law, followii g the hest fights Of his own ' mind, and the decisions of those before him. It does appear to• my mind that the penalty in this case has been incurred, but it k for your to say, whether or-, not this Charge 4:f commission is or it not a - colour for usury. h law unquestionably is, that if in the NV'tV r,t aci vantage a man seeks to acquire to himself .an , -4 sum beyond the legal interest, he does inenr the penalty. In this ease lamsm ry the penilties so large,, but it is not for one by vain t'egrets to repeal the statute,- and to disappoint its effects. submit the case ,to . your consideration, and you will dispose of it. as Justice, and the applicati(in of pritr own minds to the hots' requires." The Jury immediately found a verdict for the defendant. ',Several other special ,jury causes were disposed'' of by reference, &c. and the sittings terminated. SURREY SESSIONS, JAN. 21. • STEALING OF TJMBEL • .10101 Littieworth r :tmt th ree others, were indict ed loy stealing L.;O pieces of timber, of the y!due of 101. from Messrs, Titypin and Mansfield, tip t c, Commercial-road, Lambeth, tiniber-merchants. It appeared by the evidence of the pro ;editors' Clerk, that on examining the floats of, timber Iy ingot]. the prosecutor's Wharf, on the morning of the Sth instant, he missed two, pieces of timber,: and informed his employer thereof. Another . Clerk of , the prosecutors' proceeded up the River on the . morningpf the 9th, in search of the lost. timber ; after various inquiries, he learnt, that a West Coontry.'harge, with two pieces of timber hanging .to the stern, had that day gone up_ the. - River. J. .oerk :followed the barge to Chert- . sey, where ascertaining that such timber was that, of . which he was in search, - took' all the per- , sons theta . navigating the ; barge itttp custody ; and strong suspicion attaching to John Littleworth, another of the bargemen, who land left the barge. ett KingstOn,. and not returned, pursuit •was, hut-, mediately made after hinr,.and he was taken into custody near Windsor, when he endeavoured to account for the timber by stating, that be had bought it of 'a waterman for a pound-amte, A number of witnesses. %veil: -examined, who prayed the property to belong to the proseontOts, and its being fastened to the :barge u ith the . knowledge .of the prisoner; but as, it did not pear that the -rest of,tho .crew were trandn lently concerned,.. hut 'only guilty of great neg ligence • and - - inattention in. suffering 4he timber to he fastened, 'vithout its being regularly entered in the of lading, or eleiree thereof given to, the captain of the, barge, the Courisel,for the pro; !-eeotion declined to press the case further in.,--ainst them, •nod the jury found the, prisoner worth guilty, and acquitted .the other prisoners. The Court sentenced Li;tleworth to he,tyaus ported for seven years ; and. I CAa.I I _rman thea • admonished the other priioners,.ti.) profit by ‘yhat they had that day witue:ised. C • (311u.nnAT:L - ..—Yestertiay trot. [rise % I brattght b e f ore th e Sating l'iiai,:trate,,..,eltirgett with lug stolen, in the public street, two bottles.of Whit', the property of Mr. Goodham- The.proseentor's servant state 1, that hi* Inw;ter, who resided in Mloortields,. gave hint, n ' e l o A ; in the ev e ning, a basket, eontaini:n. , ; a dozen bottles of wine, with orders to take theta to the house of a Gentleman, residing- at L o adu lk prisoner ; came up to him .as irtssel along the street, and with heath hand snatched away a couple of bottles, and rap oil %vitt% theta as fast.as he conic]. _ Upon this be raised a cry of " Stop thief!" and followed after him. • A- person saw the i prisaner hasten along the street, anti when he turned 4 corner 1n wheeled ,suddenly about, and very nneoneeruedly t.aq his purstters. The servant who, ltild ,caxticd the wine was positive to the prisoner's-person, eansed hint, notwichl suinding his protestations Of ,innoeenee,•. to ,by taken into (Aisl-01Y. I fe was ordered to he romanded 'till to-tnorrowi when it ing,rehant, of Fleet-street, who saw hint east away the bottles when lie was pia itn:d, should appeitr, and hear . tes,tintoity aga.iu.n . him. , . SMIT 111.1) MARKET tt ; 2. This day's Aliwiter but a sol-Ay fi'tipply of tlitrotent hinds 'fa' ; I\ititton, Povic anti Veal, :support . last prkeN, and t lit traik!, foi• the'nnist, part, was BouLwllitt. ;lat. Tile slit.m tll the llay-intirlt . et'Averenot ; Straw ~ 1,1 last. price.; ILty'atiti Clover It tm got up The untier-inetainned price: , , and n..tnti)vr, arty •statentent To littit tlit) Ofitti, per *Owl.- of -)1 , 1. Beef, .14. Sd. ttt ti4.otf. - Nittti:ou, od. to 7,, Oil. l'..41111), fl 3. LO.O, bol. . 5:30. Sheep, -2W too. Pt), l,). IT,AI -%1 toy, 31. to I. I *.s. to I!. 41. mt. to til.4tibt. C rtN-ES:Off 4NOIE Vi'lleat Mai to . -day bad but kw arrivals, tile sik in gene ral ‘vai altbougb fine samples, itt some in ,tatiees, mulled ws. per tparter more than last "Alarket-day Oats are dull cif ,und about v ~63tion ; Barley limy be enniltlerca Is, deayer 6, 1 0 3,2a1i bits titivaticed per quarter; in 110 A ing .ind Grey t berg i 3 no ulter:Aion ,; Beans, being in deatAand, tarty be coniider....l dearer ; .teant.4 nitwit' the other Lind Grilin, no .tltJeratiort, Wltigat 81. s. 91s, p7*. Filo it'll to - 1,0;s1. 'lSt. eti,. 7..13.bri. v stit;4. 7,64. w liitto —4, M,tit - • - 1061=. Fine 1143: NVilite Vvitse ;M. 141.# 1104. New ditto - Crey z33s, Ngti dttio Tis.,l,llcang - - 7, - 3„: 77,, - !;:rffitll ;litto" rAvti Oats -30 g. 40s, Vine ditto 44t. Pghtt,l. xlitto 4 `) , i Fiiie (10.1(4 411tto • - Se.efi (par 1“; VOL 7131; riot , - Sectl4l4% loaA.