The Sun. — London, England, 1829-06-16 00:00:00

LAW. INTELLIGENCE.—(rms DAY.) - COURT OF CHANCERY. : 4The. LORD CH A N CELLOR sat i n Lincoln's-Lir fall to-day, being the second Seal after Easter eerm. Several shot t 'applications were made in Lunacy by Cothisel behind the bar. FRASER V. BOOTHLET. 'Upon the application of Mr. TINSEV, his Lord ship promised to give judgment i n thi s case on hurday next, and in Jones and Des a nges n ex t 11IoinJay. • WESTM EAT V. WESTMEAT Mr. BRODERICK resumed his reply, at the con tlniion of which, l:•Abe:',.M arqu i s o f W ESTMEATH trusted that his c.' ? "' r Osliip would a ll ow hi m to d eta i n hi m or a• few minutes, as he felt himself called " c m in consequence of the very peculiar situation in which he stood, to say a few words. 4e hid been arraigned under charges of the most abominable nature that ever were imputed to a gen t/email. He denied the truth of them as a man and u Christian. It appeared to him, being no lawyer, OW the matter had been reduced to a very narrow "Rupass... The point seemed to be thk, that 'km the one band it was imputed that a degree of'violence had been shewn by him at parti . t.141 '• Periods, imm e di a t e ly p rev i ous to t h e t i me or 41d . y Westmeath leaving his (Lord Westmeath's) "use, which in law would justify her in taking the course she had done. He begged leave to submit thib fact The Lon.b CHANCELLOR did not understand what tree Lord Westmeath intended to take. He \ l'ished to know whether he was going w argue ‘ ll Pe tae. .Westmeath merely wished to show, that respect. to Mary Weatherly, when she was sent out of the house ,a constable was sen t f or to ta k e ler ay, and lie might have exercised the same au . thw itY ,own_ house that any o th er man m i g h t ; that no one by the rule of common sense could con tend that such an act made it unsafe for Lady West- Meath to remain in his house. He thought it his toy to say, that the imputations thrown upon the r owager M arc hi oness Of S a li s b ury were not only leeg but with out a s h a d ow o f ground or foundation. Aril hen those interrogatories were framed, a most .11tiintent COunsel at Doctors' Commons refused to any thing further to do with this suit, on ac t.%ttnt of such questions being put to her, and it was 'served for the Learned Gentleman to persist in Putting there. The LORD CHANCELLOR observed, that if Lord Westmeath proceeded, Dr. Lushington would have a right to reply. He could not attend to any thing but what was in the cause. avOW Lord Westmeath merely thought it necessary to that those imputations were utterly without f oundation. The LORD CHANCELLOR, said he would consider Ile ease, and the parties should have his report in e Course o f a week. COURT OF KING'S BENCH. WINDOW V. WISE' AND ANOTHER. `lr. ATTORNEY-GENERAL (with whom was Mr. Tomlinson) stated that this was an action upon a o °licY of insurance, to recover a policy of 500/., acted in the ca r go of the brig A nn , b oun d f rom 4..iverpoel to Buenos Ayres, which sailed on the , 4t h of Febr uar y, 1826. Th e capta i n o f t h e vesse l , however met with such tempe s t uous weat h er as t o oblige him to put into Lochindale (a western isle of kotland), ',here he arrived on the 21st Feb. While there he , procured two other n en and a boat from lareenock, and . .sailed on the 12 t h o f M arc h. ibwring theie operations, the news arrived in this 'country-that the -port of Buenos Ayres was block aded by the Brazilian Government. Capt. Poe, however, sailed from Lochindale, without a know ledge of this circumstance, and arrived at Buenos ' Ayres on the 23d of May, at night, and anchored in the midst of the blockading squadron, which seized the vessel and cargo in the morning. It was „subsequently taken to Rio Janiero, and adjudicated, the Obverthrient believing that the captain Was not liwa N:giftbt7blockade:at the time Ire sailed: This . s estoration,. however,. did not take place till two years 'afterwards. The cargo hid been landed, and W hen the restoration took place, there was no one' to take possession of it, and it was lost. The Learned Coonsel.called witnesses to prove the above statement. 13kouottAst (with whom was Mr. Coml - N) P t oved by th e e v iden ce o f tw o w i tnesses t h at t h e Captain before he sailed from Lochindale knew of t he blockade, and replied to the persons who had * anted him of it,. that he would " run the risk and take all hazard." 60n this evidence being adduced, the ATTORNEY : RNERAL submitted that the plaintiff's case could tit Le Supp o rt e d, b ut conten d ed that b y law, if the Zgo of a v esse l h a d b een s hi pped, and the voyage • I ,gtin - befor e t h e c a pta i n an d owners k new o f t h e v °Yaze. )10ekade,- the vessel had a right to p rosecute h er "lif - TiNii:RDEN did not concur with the Attor ileY-Generaf in his view of the law, but considered tl tat . . o. 1 a captain -knew at any time before entering sfle port,that. it was blockaded, he had no right to pter it. Cruisers were often placed by maritime prevent _their own mer c h an t vesse l s f rom ,titerFugla,port that was blockaded. T 6 A TTORNEY-GENERAL then submitted to n°44it. Prince L EOPOLD gave . a gran d di nner to a Nrous party - on Sunday, at Marlborough House, Pall tat - The Earl of 'ABERDEEN, Lord WHARN iiIrPt, and Sir GEORGE' MURRAY, visited the D u k e o f kt.LINGToti yesterday at the Treasury. b . The Brazili an Mini s t er , th e H ans T owns Mi. 4er, and Mons.' Rom,' of the French Embassy, h a d in ft6iews with the Earl of ABICADEEN yesterday, at the 'uce of th e S ecretary o f S tate for Fore i gn Affairs. The p lL named Minister was engage d f or some h ours at t h e "go Office. • The 'he Grand Masquerade, last night, at Drury t, was fully and fashionably attended. The company select and well-disposed' to enjoyment, the costumes 6tie,ht• and 'fanciful, and the preparations o f a s pl en did an d "rate character. t i.. II.O YAL GARDE NS , V AUXHALL . — Thi s ,fij, 4o t place of `amusement was crow d e d l as t n i g h t w i t h 'ional)lee almost t o excess . Th e weat h er b e i ng very *): 6l irable, the gardens were splendidly illuminated. The it h a tietiars spare neither labour nor expence in fitting and log arrangements on the most m agn ifi cen t sca l e f or t h e z t. e accommodation. Rossm's celebrated opera of 0„. e enerentola' was represented in . tbe Rotunda. Th e „ .. 41 eipal c h aracters were a bl y sustained by Miss FANNY /•(;:", Mesdames DE Atiatom and CasrEr.u, Signori v o i 4l. and PELLEGRINI ; the former was in excellent and met with the most deserved approbation. The Pit, and gallery were all full. We observed sev e r a l — vat of distinction in the gardens. 14 r. MASSINGH AM, whose claims 111)011 itst‘le Patronage are undisputed, is about to put it to the at e ut l Thursday next, for which day his benefit is fixed The performances are—Rob Roy, which 1 14 ' l5 got up by the vocal strength of the Company, and n ot been played for some time ; Little Goody Two in which Rosa BYRNE dances; and The Review, WEEKES will sing a num b er of excellent Irish ,l o ,r• This performer, in thi s res p ec t lik e th e l a t e J acx "et to h i eNBl° possess es both voice and humour t o g i ve melodi et • th. e have hear d it stated that the expence tlk, ',new Bridge, the approaches, and the taking down knui, Will cost little short of Three Millions altogether. Chronicle. tf t , h e rent of furnished houses at the West end gt town is said to have fallen considerably this season. , '4/ 0 „ argument h av i ng arisen one evening in the At 4 • O f Aladame de Lupin, respecting the comparative nence of the empire and the restored Goverment, !NI,. T ALLEYEAND silenced the disp u t an t s by th e fol tt,o remark During the epire we only performed " I 'S but now we accomplish m miracles." SHIPPING INTELLIGENC'E-(THIS DAY.) NEW LONDON-131IIDGE APPROACHEY Flt(); I.I.OYI)'S I DEAL, JINN 12.1.—Wiod to S.W.—Ar. I , rived from Loudon, tie Svmmetry, Stevens, for the Mauritius; Brandies, Morrison, for Quebec; Geor giana, Warren, for Berbice; harmony, Brown, for Tenerifre ; and Camerons, Tod, for Berbice. Arrived the London, from Jamaica; Mary Ann Carter, from the South Seas; Sandwich, from the West Indies; and Detnerara packet, from Jamaica. FALMOUTH, JUNE 14.—Wind variable.—Arrived the Garland Grove, Pengdly, from Jamaica; and Especulador, from Madeira. PLYMOUTH, JUNE 14.—Wind S. W.—Arri ved the Mary Ann, from Gayon. PORTSMOUTH, JUNE 11—Wind W.S.W.—Ar rived the Anacreon, Jones, from Sierra Leone; one passenger and five seamen dead. - GREENOCK, JUNE 13.—Arrived the Uxbridge, Wylie, from the Falkland Islands; Maria, Crawford, from Grenada; Susannah, Roberts; Hope, Swan; and Borealis, Wright, from Trinidad. PENZANCE, JUNE 14.--Arrived the Weser, Grave, from Baltimore. ELSINORE, JUNE 9.----The Recovery, Brown, which left St. Petersburg!) the 27th ult., and arrived here yesterday, met with a good deal of floating ice on the passage. CUXHAVEN., JUNE 11.—Part of the cargo of the Hodgkinson, Mackelly, from Bristol to Hamburgh, on shore nit Newark, has been brought here in fourteen fishing boats. YARMOUTH, JUNE I.s.—The Unicorn, Gascoyne, from Liverpool to Hamburgh, is in these roads under detention, having on board a quantity of machinery prohibited to be exported. OLD BAILEY.-(THIS DAY.) OLD COURT. George Haynes, a labouring man aged 42, was in dicted for committing a rape upon Hannah Harris, a young girl 14 years of are. The prosecutrix, an ill-looking girl, stated that she lived at a hamlet about two miles from Ux bridge. On the 13th of April she was standing at her cousin's door in Uxbridge when the prisoner came up and invited her to go to the Red Lion public house with him, to this she assented, and after drinking some beer they walked together on the Uxbridge road; after they had got some distance they had to cross a field, in which the prisoner threw her down, and began to act very indelicately. Witness attempted to cry murder, but the prisoner put his hand on her mouth, and prevented her. She struggled as much as possible, and cried murder once, but Po one was within hear- ing. (The proSecutrix here detailed, minutely, the prisoner's conduct, which went to prove the capital part of the charge, and is of course unfit for publi cation.) The - prosecutrix was cross-examined at great length by the prisoner, who kept continually cau. tioning her " not to tell a story." He tried hard to convince the Jury, that he was the seduced, and not the seducer; he so far succeeded as to show that they were together for a long time, and that she did not tell her father or mother what had tran spired until the next day. She, however, positively declared it was against her consent. The prisoner displayed a great deal of cunning in the manner he shaped his questions. James, landlord of the Castle, at Uxbridge, stated that he saw the prisoner and prosecutor to gether on the morning of the 13th of April. It appeared to him that the girl had been drinking and held out strong temptations to the prisoner. Harriet Harris, mother of the prosecutrix, stated that on the 13th April she sent her daughter to Ux bridge about nine o'clock in the morning. She re turned about three o'clock. A short distance be fore she got to the door she fell down in the road, and exclaimed several times, " Oh, my mother ! Where is my mother ?" She appeared, very faint and exhausted, but certainly was not tipsy. She told -witness that she had been ill•used by George Haynes, ,but not the particular nature of it until the next day: Her clothes at the time she came home were very wet and dirty, and witness advised her to go.to bed. . By the prisoner—My husband did not beat the prosecutrix when she came home, he might have struck her once, but that was before lie knew what was the matter. William Harris—Husband of last witness, gave similar evidence. . The prisonet in his defence, put in a long written statement, which tilled two sheets of foolscap paper, he did not attempt to deny having had a connexion with the prosecutrix, but declared it was with her consent ; he called no witnesses. Mr. Baron flut.Locx recapitulated the evidence. The Jury, after a few minutes' consideratiow, re- Airned a verdict of Not Guilty. THE MARKETS.-(THIS DAY). HAY MARKETS.—(At per Load of 36 Trusae4.) ST. JAMES'S. Coarse heavy Lowland Meadow Hay -£2 9 to £2 15 en/ Meadow Hay Useful Meadow Hay 8 15 3 0 Fine Upland Meadow and flye-grass Hay 3 15 4 10 Clover flay 3 10 5 0 Oat straw .£1 16 to XI 181 Wheat Straw... 118 2 2 The best Old Meadow Ilay ss. per load higher than last quoted; in prices of other kinds of Hay, or of Straw, no altera'ion. Sup ply limited, and trade somewhat brisk. SMITHFIELD. Coarse heavy Lowland Meadow Hay £2 0 to X 2 10 New Meadow Hay 2 10 2 15 Useful Meadow Ei.iy 2 17 3 4 Fine Upland Meadow and Itye-grass Hay 3 4 4 0 Clover Hay (extra fine)....£s 0 ... Generally 3 0 4 10 Oat Straw XI 12 to X I 16—Wheat Straw 1 16 2 0 New Meadow Hay ss. per load higher than last quoted; in prices of other kinds of Hay, with those of Straw, no alteration. A moderate supply, and a sluggish trade. The procetdings on this Bill in the Committee of the House .of Lords during the last week have been carried on enustnii viirour. The attend ance o f p c „ : , been gitatti rlian kis le en ever witnessed on a Bill Committee dnr;itg many. years past. The parties in attendance hate also been numerous and anxious. On Saturday week the i llarquis of LONDONDERRY inquired how soot the a:counts ordered by the House would be ready. The Duke of WELLINGTON observed, that: if the accounts already produced were not satisfactory, he was sure that his fellow-citizens of London (for he had the honour of being a citizen of London, and might therefore be said to be one of the parties to this Bill) would most readily produce every account that was required. Lord DURHAM said, it was but justice •to the parties to state, that hitherto there had been corn. plete readiness evinced to produce every account that was called for. Mr. HARRISON, the leading Counsel for the hill, said, that the only objection on the part of the Cor poration to the production of further accounts was the inconvenience and delay which it must occasion. They were so voluminous that it must take consi derable time to copy them out. The . Corporation were ready to produce their records, and place th em on their Lordships' table, but for a standing order of the House, that all documents given in evidence should be retained. The utmost inspection that parties could require should however be given. On this statement Mr. Barwise, an accountant, inspected the city accounts nearly during two days, and he stated what he considered to be a surplus disposable income beyond what had been repre sented on behalf of the Corporation; but that in come arose from casual receipts, from the sale of old materials, which, of course, could not be appli, cable for the purpose of raising a permanent in come. He subsequently stated that it would re quire three weeks to inspect the accounts thoroughly. On Wednesday morning, when the report of the debate in the Common Council with cloned doors, on the subject of the accounts, was made public, The Marquis of LONDONDERRY complained that their Lordships' Committee had not been treated with good faith. Accounts were brought forward, as if the patties were authorized to produce every thing, when, in fact, it appeared in the report con tained in the public papers of that day, of what took place in the Common Council on the previous day, that the production of the accounts was tni authorized, and had met with censure. Some par ties had also taken upon themselves to asperse the motives of Noble Lords for the opposition they gave to this Bill. Lord DURHAM said he had observed that some remarks had been made upon their Lordships' pro eqedings by an individual named Hood, or Wood, an Alderman, or something of that kind (his Lord ship believed) h e was; but they were too con temptible for the slightest notice. It was stated in evidence, by Mr. Scott, on the part of the Corporation, that the amount of money already raised towards the erection of the new bridge was 669,508/., of w hich 664,4241. had been expended. The amount of their resources was 281,722/. The amount of their present clime meats was 220,599/., leaving in their hands a sur plus of 61,1231., applicable to the . formation of the approaches, over and above the sum necessary for the completion of the bridge. The capital debt due to the orphans of the city of London was annihilated nine years since. From a calculation which had been made, it was considered that a tax of 4d. and 6d. per chaldron, on the coals entering the port of London, would produce sufficient to borrow a mil lion of money at four per cent., and that the debt might be extinguished at the end of 26 years.— By the sth and 6th of William and Mary, by which the Orphans' Fund was established, the sum of 747,0001. was given to the Corporation for the loss which they had sustained by the shut- ling of the Exchequer and by the fire of London.---L The Corporation had contributed 750,0001.- out of the revenue in respect • for the deficiencies referred to. They had also paid 596,0004 in re spect of various improvements which had been charged upon that fund on the voluntary continua tion of the contribution made by them. Altogether they had paid 1,346,000/. Amongst other public improvements charged upon this fund was 210,0004 for building Blackfriars-bridge ; 50,0001. for re building Newgate; 10,000/. for repairing the Royal Exchange; 11,000/. for building a Sessions-house for the county of Middlesex; 5,000/. for building a new Sessions-house for the county of Middlesex ; 30,000/. for the purchase of the tolls on London bridge; 80,000/. was contributed towards the clear ing of the site for the new Post-office ; and the re mainder was expended in widening streets and effecting other great public improvements.• There vet remained 195,000/. chargeable upon the Orphans' Fund. The Corporation, in expectation of the 11,500/. contributed annually by them towards what is still called the Orphans' Fund, reverting to them, had raised upwards of 200,000/. for improving Fleet• market, and effecting other public improvements. The present income of the City, derived from rents, markets, tolls, sales of freedom, offices, &c., and casual re ceipts, calculated on an average of £ three years, was ...... Of this was expended annually, for Man sion-house expences For the magistracy and police, including the Borough magistracy Prison expences, Session-house, and at- 3,692 0 0 9,811 0 0 tendance of witnesses Conservancy of the River Thames Salaries and allowances 23,487 0 0 Disbursements to the Court of Common Council, including allowances to com mittees, expellees of the office of hall keeper, printer, and sundries With various other annual charges, mak ing the total annual expenditure Or an excess of expenditure above the income, upon the average of three years, of The opposing Counsel, and several Noble Lords, praised the manner in which the accounts were 'kept, for its exceeding clearness. The Counsel, on behalf of certain coal-owners in the north, against the Bill urged, that it was unbon stitutional, and that this instance of such a mode . of levying a tax bad ever been considered a blot in le gislation. All experience proved how liable such imposts were to misapplication. The constitutional course was, to entrust the distribution of such a tax to Parliamentary Commissioners, who would at all times be ready in their places to account for the execution of their trust. It was now proposed to put the tax in the hands of a corporation, for them to raise and distribute--a corporation who held themselves aloof from inspection, whose possible malversations were not so liable to detection, and whose members, the administrators of this tax, being unknown or changeable, were not easily subjected to investigation or puni6hment. During not less than 26 years this tax it was proposed should be con tinued and levied, and applied by a body who could not be subjected to investigation ! There was no ade quate security in behalf of th e public. if t h e Mi nister were hereafter to send his compliments to a Lord Mayor, and request him to make straight St. Michael's-Crooked-lan e , his Lordship might an swer, that means must first be given him, as hi possessed none; the funds provided by Act of par liament being inadequate. All the objections which applied to the origin of the tax applied to its re newal. By the presumptive custom of the city the Corporatign were the guardians/of the orphans of citizens, and had accumulated trust funds belonging to orphans, which were misappropriated by them in the reign of Charles 11. The occasion of the formation of what was called the Orphans' Fund, by the Act of William and Mary, .was thus described - by Bohun, in his Privilegia Londinii—a book of authority on city law; 3d edit. p. 386, " King Chaults II ,to support - the- extravagance of his Court, &c., HAYMARKET THEATRE. This place of summer amusement opened last night for the season, with Spring and Autumn, a new ballet, en titled The Female Sentinel, and a petite comedy, Lodg ings for Single Gentlemen. The main interest of this last consists in the equivoques which ensue on the lodgings of the single gentleman, Captain Postlethwaite (Mr. VINING), becoming the rendtzvous of the ladies whom he and his friend Colonel Stanmore (Mr. BRIVDAL) have chosen for their wives. Mrs. Greville (Miss F. H. KELLY), a young widow, has proniised her hand to the Captain, on condition that he renounces play and duelling, and remains in his apartments quietly for a fortnight. He has performed the promise he has made for the greater part of the time, when the brother of Mrs. Greville, his most particular friend, Colonel Stanmore, comes to seek his assistance, having married a young lady (Mrs. Asir- TON, of the Theatre Royal Bath), the daughter of a fiery old gentleman, Mr. Rector Capsicum, of whom much is heard, but who does not make his appearance. The necessity of concealing the visit of the latter lady from the knowledge of the fornser,tht ows the Captain into considerable embarrass ment, front which the 'contrivances of his servant Trusty (Mr. WEBSTER), notwithstanding their ingenuity, hardly protect him ; while the prying disposition of the landlady, Mrs. Prattle (Mrs. GLOVER), adds to his perplexity. The arrival of Mr. Capsicum completes the imbroglio. He learns that a lady has been seen in the single gentle man's lodgings—concludes that it can only be his daugh ter, and on this assumption, directs a challenge to the captain, which ought in justice to be delivered to the colonel. They are both obliged to go out to meet this gentleman, and leave ilfrs. Stanmore in the lodgings. Mrs. Greville arrives ; the absence of the Captain ex cites her suspicions; the unsuccessful excuses of Trusty increase them, and the discovery of Mrs. Stanmore in an adjoining apartment confirms them. Mrs. Prattle's in trusion adds to the confusion, and upon the return of the gentlemen from their rencontre (which terminates harm lessly), a short explanation suffices to set all matters to rights. The dialogue of this comedy is lively, without being bril liant or witty, and owes its chief recommendation to the way in which it was performed. Miss F. H. KELLY played with much spirit and ability, as did also a Mrs. ASHTON, a petty woman, from the Bath Theatre, who made her first appearance in London. The house was tolerably well attended, and the performances received with applause. FIRE,—A fire broke out last night in Bisliopsgate-etteo, which we regret to bear destroyed several hems. .necessitated to use inilceent drifts toare money, did, about Ott ) ears 1(63, 1666, &';-' - y for dui* purpose to 'the city of London, ancl . .• . e tieachei# or folly of some A Idermon, &c.,,,t,ii '.. red a loan Oil iris privy seal or tallies: of loarr,-,4r suc h mon k s b e, i t lon2ii , g to the said chanilwr or iiie said city, wite; lvhich, for a while lie if;;;1(.1.!-ed his extravagaiscc, and p....'d ;lie in:eri2At , (1,, .i'hereon, until a b oir the year 1671, when, 11:1.1i: q; himself unable to pa) The principal, and scarcely the interest, and the Par. liament refusing to supply him with money, he, be the advice of the then Lord Clifford, (who for that service seas made Lord Treasurer of England), ' closed the Exchequer, and thereby became riot onli bankrupt himself, but cccasioned the Chamber r; the City to be to also ; whereby many thousam city orphans (heir pietas reguml) ere reduced t, misery and want, and were not only defrauded o their principal moneys, but even of interest for th same, till the said Act of .sth and 6th W. and M. which is called an Act for their Relief, though i utterly deprives them of their principal, and Mil; allows them four per cent. interest, besides the in jury done to the said city in divesting it of its an cient jurisdiction." The necessity of the time. might excuse the passing of this Act, but no suet plea could be urged now for its continuance. Fron the accounts it appeared, that under the authority° the Act of the 21st George 11., 3,000/. had been annually paid to the Mercers' Company by the Cit) during 33 years, out of the Orphan's Fund. Or what account this appropriation of the Fund hati been made, did not appear. There were appli cations of the funds of the Bridge-house estates, which, though for public purposes, did not ap pear to be authorized by their trust. The Couristl then contended that the Corporation were bound to keep the bridge in repair from their own funds, in dependently of the Bridge-house estates. It was proved that the Corporation claimed and exercised a prescriptive right to the tolls over the bridge. A prescriptive right to the tolls implied a prescriptive obligation to keep the bridge in repair. It was next strongly objected that the mode of levying the proposed tax was partial and unjust. It fell upon the coals brought into the port of London,—that is, ' not upon the whole of. the coals brought into the ' metropolis, but upon the sea-borne coals. Wh) was not the tax imposed upon other articles which came into the port of London ? and why was it to be imposed on this particular description of coal ? It was true that it was the species of coal at present most consumed ; but when rail-roads were formed to the metropolis from the inland counties (an event which must, sooner or later, take place), the extraordinary reduction in the prices of conveyance which must then occur would place all the inland coals in competition, as they were free from any tax, they might put the sea-borne coals out of the market. By this partial tax the coal-owners of the north were made the victims to effect this local im provement—for an impr o v ement d ie C ounse l ad mitted it to be. The tax fell upon the producers, arid must operate as a premium to give an undue advantage to a rival commodity. They prayed, therefore, that the City's trust might be allowed to terminate in 1832, and that the expense of this great national work, as it was called, might be de frayed out of the national funds, or by some tax which would operate more equally and more im partially than the one proposed. Mr. Joy appeared as Counsel, with Messrs. SAUNDERS and COMYN, as Solicitors, to claim com pensation fOr the parishes of St. Magnus arid St. Margaret, New Fish-street. In the latter parish there were 34 houses out of 63 marked to be taken down. More might he taken down. The salary of Illieir Rector was fixed by Act of Parliament, and the parish was liable to the claiMs, not only of those who were at present paupers, but of those who might hereafter become paupers in consequence of previously•acquired settlements. if all the houses except five or six were taken down, that five or six must • pay the salary of their Rector, and discharge those liabilities which were now spread over the te nants of the houses now standing. In the parish of St. Magnus, 21 houses were actually marked to be taken down out of 45 houses now standing. The claim for all the parishes affected was the. same,— They asked for compensation against the ruinous increase of charges upon the remaining houses. In the Committee of the House of Commons they had been promised by the Chairman the introduction of a'clause. which should give them compensation in the event -of loss; but which provided that any u profit, in the event of an improv ement s producingrpiu of a surplus over their present income, should be paid to the Corporation. This clause was con sented to by the petitioners ; but they found that two parishes out of the number would be benefitted; and those parishes would not of course consent to the introduction of a clause which went to deprive them of that benest, by taking from them their surplus revenue, and. paying it to the Corporation. The latter were so. unrea sonable as to refuse the admission of the clause, un less all the parishes would consent to it,—that is, unless the two parishes mentioned would forego the benefits derivable from an increase in the value of their premises. But surely the compensation which was equitable for the whole was equitable to the part. The Corporation, however, said, that as the whole of the parishes taken together would be bene fitted, compensation ought not to be given .to parti cular parishes ; the amount of which was, that, al though A might be severely injured, yet 13, his next door neighbour, would be more than proportionately benefited, and A must be content to suffer, unless B should voluntarily give up his advantages. The Com mittee would never sanction such a mode of legisla tor, nor deny the compensation claimed by the peti tioners, for which many of the improvement Acts of recent - date furnished precedents. They asked no favour, but only justice. Evidence was given to prove the amount of loss to which the parishes might be subjected. Mr. F. THORNHILL addressed the Committee in support of the petition of himself and others of the inhabitants of Bridge-ward. They objected to the new plan of approaches adopted by the Committee of the Corporation, and sanctioned by the Committee of the House of Commons. They objected to it on the ground that that plan was no less detrimental to the trade and convenience of the public than it was ruinous to the petitioners. By the first act for the formation of the new bridge and the approaches (Ist of: George - IV.), it was provided that the old line of approaches should be preserved. Evidence was taken at great length, and the adoption of the old line was only determined upon after the most mature consideration. The Corporation was in trusted to carry this Act into effect, yet they took upon themselves to declare that the Parliament had not determined rightly, and that they would set aside the Act and place the bridge in another situa tion. Mr. Rennie in his evidence declared that it would be the best to erect the new bridge on the site of the old one; Mr. Rennie, senior, declared the same ; but the Committee of the Corporation declared they knew better where the bridge ought to be built than the engineer, and they changed the site contrary to his opinion; they declared that they knew better how to legislate than Parliament, and they set the Act of Parliament aside. The change of the site of the bridge occasioned them to call for new approaches. Then it was that the Corporation Committee determined upon the plan of an al ch. The object of this plan Ni as to get rid of the inter ruption occasioned by the cross traffic from Upper to Lower Thames-street. But the nature of the traffic had been misrepresented, and he was pre pared to prove that the interruption would not be diminished by an arch. By an account taken by the petitioners, it appeared a greater proportion of vehicles turned down into Upper and Lower Thames -street from the bridge, and fumed tip to the bridge from those streets, than crossed the line of traffic. Now, he contended that the amount of .inconvenience diminished by getting rid of the cross traffic would not at all compensate for the in convenience which must be crewed by sending all the vehicles which he had mentioned as tfiniittg down Upper and Lower Thames-street to get to thy Custom-house or y4poul Mites by a highe avenue. Mr. Rennie had, in his evidence, ad •mitted that a very considerable number of persons : 1 who lied to carry goods to and from the bridge. 1 mo,t ascend or descend a murow flight of stair 2.5 fret hig:i. Tire Committee of the House o' Commons had vxamincd the id m of the arch, and ii the first instance had rejected i•. Mr. Rennie wa, in the first instance in favour of an inclined plane, an' against an arch. No new evidence had arisen to iir• peach the sounthicts of the first conch-ion of tin legislature. It was calumniously asserted, that i! the houses of the petitioners had been taken down so that they might profit by the compensation, the) would put up with the inconveniences of the pro poaed plan, however injurious it might be to the public. The answer to this falsehood was, that the petitioners opposed the building of a new bridge a' the time their houses were scheduled to be tab.e, clown.—(" Hear, bear," from s e v era l N o ble Lords, He then proceeded to contend that an enormous ac of injustice would be committed if the proposed plan with an arch were carried into effect without gi vink compensation to the inhabitants of Fish-street-hill Mr. Rennie had, in his evidence, stated that tin expence of the proposed approaches would la greatly reduced by the increased value of tht frontage in the new line, which would then be come the main thoroughfare: in other words, chi thoroughfare would be diverted from Fish-street-bill, and the new l'ne would profit by traffic taken ;ma) from the old one; that is, the expense of the new approaches would be reduced l►y taking from tin shopkeepers on the old line the advantages of situa tion for which they had paid, by stripping then, of their property without one shilling of compen sation. It was said, that though the inhabitants of Fish-street-hill might suffer, yet they only suffered in the same mariner as the shopkeepers of Bond-street suffered by the increased attractiveness of Regent street. But the cases were in no way similar. No continuation of the line of Bond-street had been taken away; no obstruction was placed in the wa d of its accustomed traffic. Here there was a direct calculable injury done, an injury on which the en. gineer calculated as so much benefit in reducing thr expense of the approaches. The Committee of the House of Commons, which sat on the subject of the removal of Smithfield-market, had reported, that in their opinion, if the removal took place, the inn keepers and others who had invested their capital in the trade belonging to the situation would have a strong claim for compensation. The case of Smith field-market was the case of the inhabitants of Fish street-hill. They opposed the plan, because, from their greater local knowledge, they were sure it must be injurious to the traffic of that important district; they opposed its adoption unless their claim to com pensation was complied with : they opposed it ou constitutional grounds, for they were of opinion from experience, that the power of legislating and altering the line of approach, and diverting old channels of trade, by which great property and extended inte rests might be affected, should not be suffered to go out of the hands of the legislature and committed to those of the Corporation. No argument should be de rived from the fact, that other parties in other pa tidies affected by the measure had not appeared to oppose it. The certain legal expenses of opposition to a private Bill in Parliament was often as ruinous as the loss of property by the wrong attempted to he averted. The inhabitants of Fish-street-hill had already in their own cause expended upwards of 1,0004 to defend themselves against a body of cot porators who fought with the public money, and spared no expense. He co►►cluded an able and en ergetic speech of one hour and a half duration by declining to call any witnesses, since he conceived that his case, and that of the other petitioners, was fully proved by the admissions of Mr. Rennie, the engineer, and witness ler the Corporation. What ever might be the beauty or magnificence of the structure, it could never be beheld with pleasure, if it were associated with an act of injustice to a single individual ; and if it were carried into execu tion in the manner proposed, it must stand as a mo- aliment of ruin and injustice inflicted on the nume rous tradesmen and their families who now appealed to the Legislature for protection. In the course .of his speeeli„Mr. Thornhill excited some amusement by inadvertently (from habit of speaking in the Common Council,) addressing the • - Chairman of the Committee, Lord Lauderdale,— " Now, my Lord Mayor." The CoMmittee next proceeded to hear Counsel and witnesses on the clauses of the Bill. The whole of Saturday and some portion of yes terday was occupied in the examination of Mr. Jef fery with respect to his plan for approaches to the North side of the bridge. He claimed the merit of the plan of an arch. He stated that it was first treated with neglect by the Bridge Committee of the Corporation : opposed by Mr. Rennie, and then adopted with modifications by him and them. The witness, in his cross-examination, displayed a great want of knowledge of the levels and other scientific particulars with respect to the locality. Ile was questiored rather invidiously as to hi s t ra d e Mr. Harrison, the Counsel for the city. Mr. Jeffery stated that he was not an architect, but a cheesetnouger._ Lord DURIIAI4 wished to know whether, when he offered his plan, these worthy persons then ques tioned him about his trade. Mr. Jeffery replied that they did not. They were aware of it, for he supplied one of them with cheese. The Marquis of LONDONDERRY, since the trade of the witness had been thus inquired into, wished to know who and what were the Bridge Committee. He read to the witness a list of names. Mr. Jeffery said that the Chairman, Mr. B. L. Jones, %vas a plumber and glazier ; Mr. Tickner was " in the leather way ;" another was a tallow-chandler, and so on with the rest. The Marquis of LONDONDERRY—And these are the persons who set aside the decisions of the Legis lature, and determine upon great architectural works ? Mr. Jeffery said these were certainly the members of the Bridge Committee. There were also the Aldermen, who formed part of the Committee. The Marquis of 'LONDONDERRY desired the wit ness to procure and bring before the Committee a list with the names, trades, and residences of all the Aldermen, that they might see who they were. The expence of these proceedings to the City is upwards of 1001. per diem. This afternoon, at one o'clock, the parties were called in before the Committee, .when Mr. George Gwilt, the architect, was called in and examined at great length, with respect to his plan for approaches on the Surrey side of the bridge, and also with re spect to Mr. Allen's, Mr. Rennie's, and Mr. Jef fery's plans for the northern approaches. ARGYLL Hoods.—The six morning con certs at the Argyll Rooms concluded yesterday with Mr. WELSH'S benefit. These morning concerts ha►e proved more attractive, and have been more fully and feishionably attended, than any others during the season. STATE OF Tli AD E.—ln reflecting on the various fluctuations which, during the last forty years, have taken place in this country, we cannot avoid remarking the almost uninterruptedly increasing prosperity of Aber deen. In that period, it has more than doubled the num ber of its inhabitants, and acquired a degree of importance• in the com►wercial world, which even the most sanguine did not anticipate; whilst the numerous improvements which have already taken place, awl are at present in pro gress, render it in poini of elegance, very far superior to any town in Scotland, excepting Glasgow and the Modern Athens. During the late stagnation of trade, although it has in common with every town in the kingdom felt the depression, no extensive failures hare happened ; and of the many thousand resident workmen, there are very , fen• who have not been able to obtain employment. — Aberdeen Chronicle. When CYRus was at the point of death he gave this reason for his belief of Immortality. I vanno', said he, persuade myself that the soul ~f man, after Navin, sustained itself in a mortal body, should perish when de livered of it,- t;er want of it. Is not this a saving of as great weight against Atheism as many that have hecti ad vauced in more enlightened tiluet! SPIRIT OF THE PUHLIC JOURNALS. It stren port of hat if' cbuirosakuv: gesniistd.u: We have p a s e.. t fa l o( l s e :o:l G arrgt o do : Government. i tt sk e i k n ee i Mr. h had come rly a period as his less noble adversary, no individual, ever so slightly connected with the Administra tion, would have breathed a syllable in favour of Mr. Bankes. Men Mr. Goulburn made his perswial demonstration on the a.idc of the Curie Castle candidate, he had not an idea of there being another gentleman ready to take the field. Since that circumstance became known, eve' v possible effort, consistent with the personal pledges given by individuals, has been made on the part of Government, to maintain a neutrality and prevent the infraction of it by those who are under influence. The Secretary of the Chan cellor has, we are informed, withdrawn ft out Mr. Bankes's Committee ; and the letters written by that of Mr. Cavendish are franked by more than one Under-Secretary of State. It seems to be i r s i t t , e d he l e v r o s u t c l ) d o d, that im,.e Ca hearty co me had the dioi Go vernment, and Mr. Bankes would in that case never have ventured to show hiniself.—Tinirs. Our Irish letters will be found more than commonly interesting to those who look beyond the surface. It seems that doubts are enter tained respecting the issue of the contest fut Clare, if its representation should be not coin tested ; but that the excitement throughout that and the neighboining counties is, if possible - 4 more furious on behalf of Mr. O'Connell than during the former struggle. We have all along h deprecated of which t thea only clause t i e n l i t g he ib l E e m p a u n r e pte t i i eras tflo, deprive an individual,--howeve r obnoxious in certain quarters—of its benefits. Considering that clause as it regarded Mr. O'Connell per , sOnally, the character of it approached to mean. , ness. We wholly acquit the Duke of Welfing, ton of any the slightest participation in that.t4 feelings from which alone a condition so little: congenial to the spirit of a " Relief Bill" could have resulted. But the crisis was perilous—the stake played for was tremendous: too stubborn a resistance to " partial evil" might have ten dered inaccessible " the universal good ;" and a powerful and manly mind was fain to accept this one, amongst other compromises, as not the . least vexatious purchase-money, of a bless.; ing with which no amount of secondary •• , .4x critices could for a moment compare. Looking, however, at the consequences of this pervera3 and unworthy penalty (for such was its design), inflicted on an individual Catholic whose crime was his successful activity in wringing reparation for intolerable injuries from the hands which had committed them ;—looking, we say, at its poli tical and more extensive consequences, we can imagine few public measures more unfortunate, because more subversive of those objects which constituted the sole value of emancipation. To send back Mr. O'Connell to the freeholders of Clare, with the chance of a new election, vitas to raise again the exorcised spirit of enmity to the Protestants to the State, and to Great Britaiiu It was to recall into action the demagogue, the agitator, the redoubted priest, to re-harness the multitude to O'Connell's car, and to .present him whom they had almost worshipped as =the champion of Ireland, in the exasperated - form of an oppressed and selected victim. If any thing could aggravate the impolicy of such a course, it would be the compelling O'Connell not merely to rouse again the half-slumbering emotions of a mercurial people, .by the.noessary. ceremony of ' an appeal to their privileges in favour of the idol of their recollections, but to fight again a real battle for the recover) , of the seat in Parliament from which he had been dismissed, by setting up of threatening him with a rival candidate, and con verting a display of speeches into an array offirce which must be nowinseparable from any actual con test. If this tmhappy combination could be further aggravated, it would be by the appearance of one of an emancipation Ministry.as the antagolist . of Mr. O'Connell : an ominous and fatal key this must prove to the motive, the genuine spirit, and purpose of time clause by which that learned gentleman had been excluded. If any thing could crown the manifold aggravations of the policy pursued towards Mr. 0 Connell in this Instance, it would be the sending him to a new election for Clare, with the freehold qualifica tions of the county so modified, under the official construction of the Disfranchisement Bill, as to render his present success problematical to nearly the same degree, in which his defeat at the bar of the House of Commons had previously been made certain by a provision of the law of " .emancipation; Mr. O'Connell's expulsion from the House was an unworthiness, against which even the manly portion of the regular anti-Catholics exclaim. His exposure to a new election contest is a serious danger to the public: peace. His defeat, if he should suffer one, from the remodelling of the franchise, prolongs inde finitely the agitation of Ireland, and therefore 'frustrates, indefinitely also, the natural bless ings of emancipation. But there appears to be a revolution brought about in Ireland by the working of the new franchise, which could hardly have been contemplated by the boldest of its advocates, and which we are (found to say affects us with no small apprehension of evil.. The constituency of the kingdom, if we can believe .what we read, is so reduced in numbers as to become but the mockery. of an elective power. When it is stated positively that the two great counties of Antrim and Down—the latter being the most densely peopled, the most industrious, independent, intelligent, Protestant, and important of the whole island—will muster no more than 200 101. freeholders each, instead of more than twice as many thousands of forty.: shilling freeholders—we submit that there is much reason for believing, either that the law has been construed, or that it has been framed in a temper as inconsistent with political wisdom as dangerous to the national tranquillity. It was the wish of every sober-minded man, that turbu lent and desperate poverty should be stripped of a power which it could not rationally wield ; but was scarcely within the meditation of such men that intelligence and respectability should not be vested with the power which they might fairly. exercise. It will be a fearful ending of the crisis through which we have struggled, if the same gulf be henceforth interposed between rich and poor as formerly separated the classes of Pro testant and Catholic--it will be to marshal and provoke against each other the elements of Jaco- 6inistn and oligarchy, nicknaming it 4 purgation of the " elective franchise."—lbid. We have more than once noticed the objec onable Bill now in wpgKe,ss.through the Com ions, to enable the lord - of the . Manor of Hampstead to enelose - theHeath, and are happy to see it is vigoro — Usii,oppOsed, Sir Charles Burrell, who cawretre IhiS'estitte‘ in Sussex Y for recreation, may thcitAt unheces.sary that the Heath should be preset eti as « a place of rc ; I