The Sun. — London, England, 1829-11-05 00:00:00

SHIPPING INTELLIGENCE.--(THIS DAY.) FROM LLOYD'S. DEAL, Nov. 4.—ArtivedtheDa;id Clark, Ville, from Bengal. Arrived from London, the Ina, Thor, for Tobago. PORTSMOUTH, Nov. .4.--Wind S.W.--Arrived the Cornwall, Smith, from Riga. LIVERPOOL, Nov: 3..--Arri.ved the St. John, Smith, From Jamaica; Dalhousie Castle, from New York ; Mail, ketealf, from Quebec; Mary Ann, Gilbert, from Malaga; sad Boykett, Fletcher, from Bordeaux. Hutt, Nov. 3.-:-Arrived the Belina, Christie, from Archangel. The Two Brothers, Tuck, from Yarmouth to Sunderland, has been got off, and carried into Grimsby. has D urham, of Sunderland, remains on the strand, and l s r "stained considerable damlge during a gale from • to N.N.E. on the 31st ult. The Elizabeth, M'lntyre, is still on shore at Titney Rock. The Volunteer, Mark - bar n, ancho r from D av i s ' s Stra i ts, b ro k e h er w i n dl ass, an d l os t an during the ale on Saturday; when the Sincerity, e Lar g . g Large, from hence to Sunderland, slipped her anchor, &c. and put into Grimsby. „, 1 1 ' 2 , 1111 , Nov. 3.-LArrived the Jean, Jack, from Memel, - , l Nov. n net, Johnson, from Dantzic. Q ualrrot 4.—Arrived the Anne, —, from uebec. The Resolution, Penrin, of Workington, was totally lost a t Bay Chaleur previous to the 29th of September. I be Amiable, Victoire, from St. Petersburgh to Havre, tan on shore off Real the 14th ult. during a gale ; she had Previ°l3l Y been a round on Odensholm, and threw part of her car go overboard. LAW INTELLIGENCE.-(THIS DAY.) COURT OF CHANCERY. ovgy i , T — . .".RDEIsi TH EATRE.'"•—CONBT V. HARRIS. 14-. " 41 . 1 . Es stated that a petition in this case had by !° t me.nl e 4 nis or other Rot in to the Vice-Chancellor's paper. 1. would be impo:sible to have it properly beard ill ... the ;I>urt below, not only as this was the branch of the Court . 14 _whieh the affairs of this place of amusement had here lawfre been conducted, but because the order sought for h: d ul d affect ♦ decree to be pronounced on a petition that 1 1 , -- 1 41 . , r eWY been heard here. Under . these circumstances, t , 4 4 to pray that the petition might be ordered to be had - -trred into this Court. The L ORD CHANCELLOR acceded to the application. khA l ‘ ir . PEMBERTON appeared to oppose that petition, ,r"ch"" asked th at e i t h er i t m i g h t stan d over unt il hi s L or d s hi p runeetl Petition, the Judgment now pending, or to the next d ay , The Loan CHANCELLOR directed it to stand over for t he Prestnt. aettli His Lordship conceived that the motive for the disp utes o f t hi s t h ea t re was now grea tly "tree ng gthened. Mr. HORNE Was satisfied that the theatre would be //.Gor e ind e b ted to the ladies (as it now appeared) than to hiCourt of Chancery for a happy issue out of its troll " --(Laughter.) o,t he Loan CHANCELLOR could with safety say that if 4t inued in this Court much longer, it would never eco ver from the effects of it. PRACTICE IN BANKRUPTCY. t o • "RD CHANCELLOR observed, that he had acceded ti o " di applicatio n th e et h er d a y made by Mr. Montague, let a COO mission of Bankruptcy should be amended by He din g the l etter s to a n . ime wh i c h h a d b een struc k our. t, a l lone go under the supposition that there had been eccemental mistake, but be had since had reason to Thiti ve that the letter had b”en deliberately struck out.— was misconduct that ought to be noticed. No attor- JY's clef k had a right to do such an act for the purpose for:T end ing prodeedings under a commission ; and there 'nstead, accordin to the former intimation, of allow ng the lette r s to be g again added to . the commission, tbe court felt bound tnorder the commission to he superseded, had a new one to issue at the expense of the party who Hoed the step. Mr A t INDEPENDENCE. -- .°KTAc ti prayed upon a petition, that another, to renewh eciaDUiBSiOn of Bankruptcy, might be ordered to e T h ke eer ir d en an early day. ee . a st o k° CHANCELLOR said he should request the s-'uatleellor to hear it, as he could not permit his own With Per t o 6, new :'` e crowded more than was absolutely necessary Mr m " es ' i nin. • °Nunn submitted, that as it regarded a point of s td r - eci rt a to. nt practice, it was a fit case to be beard here.—Ac eir• WAKEFIELD, on the other side, saw no reason why „, tt matte r could be represented as pressing, unless for the 7,6011a1 convenience of his Learned Friend. Moseracu (after a pause, and with considerable l'Us - t P i ce""in.l,,t never did ask for a favour in a court of only ask ,1 life, and never will to the day I die. I have for my right ! R THOMAS V. MONTGOMERY. t "st said, when this cause petition was called on, lie b e li eved it could not be heard effectually j ust now, lor o a"nuelt as another petition was about to be presented by e interested party. It involved a question of great M agnit ude and i m p or t ance , re lating to the distribution of t a r esidu e of th e l a t e D u k e o f Queensbu r y' s e st a t es .— over. IN THE MATTER OF THE HON. MR. JARVIS. Ho t ntsE appeared on a petition by Lord St. Vin stating that his son had been found a lunatic on the rel o t nik ion which had lately issued, and praying for a iii ne e u, to th e M as t er t o a p po i n t p ro per gu ar di ans . rh4 e " 4 (EFIELD applied, on a petition presented by the the M.. ° Nile lunatic, for leave to carry in proposals to , a Office. q ° R.NE submitted that this petition had been Th t forward only for the purpose of getting costs. *pal ' { CHANCELLOR said, that all parties interested St, ,leee%,!)e at liberty t o go in b e fore the Master upon Lord sti tit's petition, and therefore lie refused to make p t4 /;:trder on the petition on which Mr. Wakefield ap iaeu It was highly important that no costs should be l'retl that could be avoided. kon'everal cases were struck out in consequence of no per- Eist P k Pen rthg to support them. The Cause and Lunatic he I --aV mg been.gone through, and no gentleman ng tti. Pared to move any thing, his Lordship rose at a guar- P a n 12 o'clock. The Court took cause petitions to-day, Alt k SPECIAL INJUNCTION. te-,.; applied for a special injunction, to restrain th Parti es f rom negoc i at i ng certa i n l arge bill s o f ex ittinge, alleged to have been obtained from a young gen ut one of the Universities, under fraudulent and i th „ - " u g circumstances. The Master of the Rolls during lco e d..l et tlion granted an injunction, which it was . con bY th e party holding a bill for 3,000/., did not t tt' oo . 7 ... it• Under such circumstances the present appli tii ' t un* necessary. The Learned Counsel admitted kilr e uent holder of the bill to be a bona fide one, yet 1 14 'k considering the circumst a nces under which the bill the- ren obtained by the original defendant, he trusted .."ah7 l rt would grant the injunction. Injunction to , 1 7. TI,: I44I TTER OF THE CHAR'TY OF JOSEPH FRANCKLIN. dil e t luesti on on t hi s pet i t i on was w h e th er th e di v id en d s tl 'e•A l L ik aunt of 1,600/. and a fraction in the hands of k leto i ,"„ u tltant-General, were payable to the petitioners haior;runt l egac y d u t y . I n 1813, a gen tl ema n of th e Pariah o ,; ! Useph Francklin bequeathed to the poor of the hid t laddenham, in Bucks, 50/. per annum, to be hitter bread a t Ch r i s t mas , and distributed by the Mi- Parilk and , C hurchwardens to the most needy objects in the 1 ,..h! . Coots Th e executors of the testator, under an order of Three op : , Purchased a sufficient quantity of stock in the Gen er : l Cents. to answer the legacy. The Accountant Iliater,"wasdirected to pay over the dividends to the Ml ing'Churchwardens of Haddenham for the time be who TI Churchwardens Payment had been regularly made until lately, serv e % '"e Petitioners were informed, that notice had been u f the a p .. t th e .Accountant-Gineral's of fi ce, by the solicitor bu t - B oard of Stamps for the Department of the Legacy fur 7 .Nuiring th e A ccoun t ant -G enera l no t t o pay any 11 6th -r g li Yidend s until the duty had been paid. By the to m. every leg a cy to 'the amount of 20/. given t o the stronger in bl o od t o the testator was subject eel oe Pa Yment of 6 p er cen t. l egac y d u ty. Th e Coun ttas 11 1 the Part of th e pet i t i oners , con t en d e d th a t this gilt Battt o e ea rly out of the pale of this Act, there being no per orhi.whorn the testator had given a benefit of the value for the bountyoo of the parish of Haddenham, fit objects - of the testator, amounted at the present inc- i eoti ;t e n tio less than 820, and the yearly value on brea d ts, d b y any one person, did not amount to more than Dile Under these circumstances, the petitioners sought an to fr ont the Court, requiring the Accountant-General pay the dividends to I withou t the payment of the itleY duty , t „ qO4. rt " II PELL and M r . L OWNDES appeare d f o r the peti ees4 The S OLICITOR-GEN ERA L ttlei lle V ie 1-CH ANCELLOR thought the Crown entitled to Vega d uty, and a l so th e i r costs o f t h e presen t p e titio n . 'bun the case of De Beauvoir v. Rhodes being called on, Il o t i ti C, l , l2 tP Stated, t h at M r. PITTS his leader, was i n t h e es, * co urt, and trusted His Honour would allow the ....tor s tand over till h e came into Court. 84 • ROAM' considered that could be taken as ao excuse. Other Counsel, for the purposes of convenience, had given up practising in the Rolls Court, to4ether with its emolu ments. He did not see why favour should be shown to one more than another. The SOLICITOR-GENERAL observed that it was quite impossible for Counsel to attend the three Courts. The Bar were trying to come to some arrangements. He, to gether with his Learned Friends, Mr. Horne and Mr. Knight, had - come to the determination not to take any more motions in this Court, and he individually intended to give up all the bankrupt petitions. The VICE-CHANCELLOR was quite glad to hear of some thing like an arrangement. He thought it impossible for Counsel to practice in all the three Courts. ROLLS COURT. This was the first day of the Sittings of the 31Awrint of the Ross s. His Honour took petitions ; hut no case of any public importance was brought before the Court ere ere left. COURT OF KING'S BENCH. WRAC HT V. LIPSCOMBE. Mr. DENMAN (with whom was Mr. DUNK) stated to the Jury that this was an action to recover a compensation in damages for defamation of character. The plaintiffand defendant had both resided at Winchelsea. The plaintiff was the daughter of Mr. Wright, of respectable connec tions. her mother had died some years since, and 1!r. Wright married a Mrs. Allen. Subsequently the father of Miss Wright, from some disagreement, agreed to allow her 40/. a• year, on condition that she resided in France ; she (lid reside there for some time, but in consequence of some aspersions on her character, which she heard bad been cast by Mr. Lipscombe, the defendant, she deter mined to clear up her character. She applied to her fa ther's house for protection ; but the scandal that had been uttered prevented his receiving her, and a lady who had taken her under her protection from motives of humanity, was ultimately induced to turn her out of her house, an outcast upon the world, withoura home or a friend.- She had, however, determined to put the defendant to the truth of what he had uttered, or justify her character to the world. She had embarked every farthing which she possessed in the world in the expenses of this action ; and if she failed, she wculd be utterly ruined in character and in circumstances. The defendant had not pleaded a justi fication, and aggravated the case by asserting that what he had uttered was true ; on the contrary, he had denied, by his plea, that he had ever uttered the words in question. The Learned Counsel, however, would be able to prove that the defendant had used the words alleged, and that he had admitted having used them. He would also prove that the plaintiff had suffered special damage—that she bad been ejected from the house of Mr. Richards, a c'ergy man, and other persons whom she had been in the habit of visiting; and he believed that the Jury would then re store this injured young lady to the society to which she had been accustomed, and to her father's house.— He exhorted them to take the case into their consideration, as if it was the case of their own near relative, and give the plaintiff those damages which they considered her wounded feelings and reputation entitled her to. He then called witnesses to prove his case. The Rev. Mr. Richards, examined by Mr. DUNN— Knew the plaintiff and the defendant. They both, as well as himself, resided at Winche!sea. The plaintiff had never visited his family till after the slanderous words had been used by Mr. Lipscombe. She then requested wit ness to interfere, and had one or two interviews with him at his house, in consequence of which witness saw Mr.- Lipscombe. The witness having the question repeated to him, again said that the young lady had never visited his house till she requested him to interfere in her behalf. Lord TENTERDEN—I am afraid, Mr. Denman, that this proof wii not do. The allegation charges special damage, and that she was prevented from visiting the house of Mr. Richards, where she had been in the habit of visiting. Mr. DENMAN-Is your Lordship quite clear on that? Lord TENTERDEN-Certainly. When special damage is made the gist of the action, you must first prove special damage before you can recover. The words are not ac tionable in themselves.—The plaintiff was then nonsuited. COURT OF COMMON PLEAS. DRAPER V. THOMPSON. The plaintiff in this case is a broker, and was some time since employed by the defendant to transact certain busi ness, the defendant at the time giving the plaintiff an in demnity. In the course of the business the plaintiff's men caused considerable damage in the house in which they were employed, which he was obliged to pay, and now brought the present action to recover the amount thus payed under the indemnity. • The LOAD CHIEF JUSTICE held that actions of this na ture could not be maintained. An indemnity only related to illegal proceedings, and never could be intended to screen a person from the consequences of negligent conduct in transacting his business. The plantiff must be called.— Plaintiff nonsuited. BUSIIE V. NeFA BRYN. This was an action brought to recover compensation in damages for an illegal distress. _ _ Mr. Serjeant 'Mime (with whom was Mr. Illcunans) stated that the plaintiff in this case, some time since, rented a house of the defendant in Whitechapel-road, which he left on the 19th of last March, and went to another house in the neighbourhood ; at that time no rent was due. The defendant, however, followed him, and thought proper to levy a distress ; and if a friend had not stepped forward and advanced the money, his client's furniture would have been sold. This distress was clearly illegal, no rent being due ; the plaintiff would therefore be entitled to a verdict. The plaintiff's daughter proved the distress being put in, and the goods condemned. On her cross-examination she admitted that her father left the house without giving the defendant notice of his intention so to do ; that the whole of the furniture was valued at 10/. 125., and that it was removed by a single article at a time. Mr. Serjeant PEAXE for the defendant, admitted that a verdict must go against him, but under the circurn seances he was sure they would think nominal damages sufficient. The plaintiff removed his goods in a clandes tine manner, and shortly afterwards took the benefit of the Insolvent Act, and if the defendant had only waited a few days longer, the distress would have been perfectly legal, but he entered it sip about six days before the quar ter was due. The LORD CHIET JUSTICE said, the only difficulty was, whether or not the sum raised by the distress, as the dis tress was certainly illegal, could be detained by the defend ant, he was of opinion it could not, and therefore the plaintiff must have a verdict for that only. He did not think the Jury would be disposed to give any further da mages. Verdict for the plaintiff—Damages 121. 10s. THE MARKETS.-(THIS DAY). GENERAL AVERAGE PRICE OF BRITISH CORN, For the Week ended Oct. 30, 1829, made up from the Returns et the Inspectors in the ditrerent Cities and Towns in England and Wales, per Imperial Quarter. Wheat Sac. 4d. Oats 21s. %LI 8ean5 ..,.,.... 375. 7,1. Barley 31s. Id.l Rye 3Us. 10(1.1 Pease-. 38s. Id IMPERIAL AGGREGATE AVERAGES OF TIIE SIX WEEKS PRECEDING. 3d.1 Oats 225. 5d. 1 Beans-- 40s. Pd. Barley-- 33.5. 4d.1 Rye 325. 4d Pease.- 38s. Od. DUTIES ON FORIION CORN. _ £3d.l Oats -13 s. 9s. 6d. 12s. 4d.1 Ilye -21 s. 3d.ll'easc -..125. 64. HAY MARKETS.—( At per Load of 36 Trusses.) ST. JAMES'S. Coarse heavy Lowland Meadow Hay £2 6 to £2 15 New Meadow Hay Useful Old Ditto 3 0 3 12 Fine Upland Meadow and Rye-grass Hay 3 15 4 15 Clover Hay 3 10 5 5 Oat Straw £1 18 to £2 0 I Wheat Straw... '2 2 2 5 A good supply, and a dull trade at Tueday's prices, with the exception of the higher quotations not being so general as on that day. SMITHFIELD. Coarse heavy Lowland Meadow Hay £2 2 to £2 15 New Meadow Hay 2 0 3 0 Useful Old Ditto . 3 3 3 10 Fine Upland Meadow and Rye-grass Hay 3 10 4 4 Clover Hay (extra fine)....£s 5... Generally Oat Straw £l 12 to £1 16 I Wheat Straw 1 16 2 0 Supply good, trade very dull,. and prices stationary. SOUTHALL MARKEL—Nov. 4. - In our market of to-day, which exhibited a good time of year supply, and was but moderately attended by buyers, each kind of meat met with a very languid sale, at the following prices per stone of Ellb. to sink the offals:— Beef 2s. 6d. to 3s. 10d Veal 3s. Od. to 4s. Si. I Mutton - 3 0 4 2 Pork 3 6 410 Prime Beef and Mutton 2d., prime small Pork 4d. per stone higher than on this day se'unight ; prises of Veal, with those of middling and inferior Beef, Mutton, and Pork, stationary. A considerable number of Sheep and Beasts were driven away unsold. STEYNING MAIIKET.—Noir. 3. Beef 3s. 2d. to 2s. Stl. Os. Oki. to Os. Od. I Mutton -- 3 6 4-1 Polk— 4 0 4 4 A moderate supply. and a very dull trade. LEWES M A RKET.—Nov. 3. White Wheat (yer quarter) £2 16 0 to £3 0 0 Red ditto 2 13 0 2 18 0 • Barley 1 12 0 0 0 0 Oats, New 1 1 0 1 4 0 Beans 1 14 0 0 0 0 Oil Cake, New l2 0 0 per thousand. Him Majesty's Palace at Brighton has, within the last few days, been preparing for his reception. Up. holsterers have been employed iq uncovering and prepar• ing the furniture. Fires have been constantly kept dur• ing the last two or three weeks in the different rooms. THE BENCHERS of the INN - 7, TEMPLE TO THE RIGHT LION. BARON LORI) LYNDHURST, LORD HIGH CHANCELLOR, &C &C. " The Schools and the Universities, of England at least, teach no law, no physic, no public econo►ny, no divinity, in the strict sense of the word teaching,—whatevrr rn.ty he the nature of their prufessorships or estahlishments. They actually qualify no tnan fur the practice of a profession."— Edinburgh Review, No. 93, Art. Military Education• MY LORD,—The truth of the Reviewer's re mark, at the head of this Letter, is in no case more strongly illustrated than in our Law Schools, the Inns of Court, where Ingenii largiter venter, diligently to eat a certain number of dinners, in a certain place, on certain days, quk.lifles a stu dent for a call to the Bar. It appears, how ever, that something like instruction was for merly given or attempted, since, in the Inner Temple, students now compound for " exer cises" by a money payment of 51. !! I do not, however, advert to this lack of in struction or the levying of fines as matter of com plaint—on the contrary, it is in evidence that the system has worked well for the honour of the profession and the public benefit ; the Benchers have regularly and peaceably per formed their part, providing dinners and col lecting fees; the students have been left to edu cate themselves, and this road to wealth and honour has hitherto been left free and open to all competitors. Addison said, when describing the Benchers of his day, " these men live peaceably in their habitations, eating once a day, and dancing once a year, for the honour of their respective socie ties." But the modern Benchers, to shew they keep pace with the modern " march of intellect," have resolved to regenerate perfection in law yers, by regulations touching the admission of students for the Bar, novel alike in principle and practice, and to which I now respectfully crave the attention of your Lordship. The first regulation to which I allude is that of a money qualification of 4001. per annum being required of a student when he enters him self at the Inner Temple. The second is that of a student who applies for admission being compelled to submit to an examination in a dead language, by an Examiner set up by the Benchers, on the result of which examination his admission as a student is made to depend. The first " Regulation," known only as an unseemly abortion, though intended to display " the perfection of reason and " the magic of wealth," would not be worthy of remark, %%ere it not to point out the merits it possessed, to which the second has no pretension. The first, then, was straightforward, clear, and express,—there was no chicane, no delusion—it did not profess one object covertly to attain another, but boldly shewed itself in all its native deformity, shrunk from the public gaze, and, it is hoped, for the credit of the Benchers of the Inner Temple, has been consigned for ever to " the tomb of all the Capulets." _ _ The second " Regulation," your Lordship will observe, is NOT that an examination shall take place before a call to the Bar, to ascertain that the student has qualified himself for the vo cation on which he is about to enter—but that each student shall be examined by some person appointed by the Benchers, previous to admis sion in—what ? Greek ! ! !—a language in which no pleadings were ever carried on, or books written, connected with English Law or Eng lish Jurisprudence. Of this " regulation "it may be truly said, in the language of Tacitus, Nornina honesta prwtenduntur vitiis ; and I aver, without fear of refutation, that an examination in Hindostanee or Chinese would equally have answered the intended purpose. Specious in pretext, in spirit, this regulation is better suited to the atmosphere of a slave colony than the genius of English law, or the rights of the English people, and (were it pos sible to consider any such ever darkened the portals of the Inner Temple) I should imagine, had originated with some legal martinet, possess ing, perhaps, that tact and shrewdness which sometimes gives a certain place at the Bar, al though their possessor may be incapable of en tertaining any enlarged or comprehensive view of the great principles of law, or the immutable principles of justice,—one of that class of lawyers Iras et vertu locant, that Junius had in his eve when he said, " the indiscriminate defence of right and wrong con tracts the understanding while it corrupts the heart." Law learning, my Lord, appears never to have had any great affinity with the Classics ; an ar ticle in the Edinburgh Review on the Drama, shows that the classical learning of lawyers was formerly in very poor repute ;* and in another article in the same Review, it is truly stated,— " No Latin, in reality, (how much more truly may it be said of Greek,) is generally- brought from any school, public or private, or what there might have been, is forgotten, as it is hated, as soon as the restraint under which it is taught is removed." There may, however, be exceptions. Mr. French, the barrister, (who lately prosecuted the sons of Cobbett at the Middlesex Sessions,) I believe is a person of high classical attainments, and one of the first Greek scholars in Europe ; Mr. Scarlett, and some junior gra duates, may be indebted for their forensic fame, to their profound acquaintance with the Greek ; while the Solicitor-General is usually considered to have devoted his hours to reading ,of another description, and to have attained his present station (nobly triumphing over all impe diments) with very little aid from this new found modern auxiliary. Much ingenuity has been exercised in at tempts to excuse, but I have yet heard nothing in justification of the new ,‘ Regulation," though the Benchers stand absolved from any sinister motive in adopting it. The favourite argu ment in palliation is, that the increasing number of persons desirous of being admitted to the Bar, required some fresh restriction on admis sion,—but with an increasing population the same evil, if it be evil, must be equally felt in all professions,—it certainly presents no new fea ture as to the Bar, since we read in the Specta tor that the Bar (above a century since) was • Edio. Rev., Art. Drama, No. 98, fol. M. -ncumb e l :npeifluous members, and like Virgil's ;trim, ,rowthll, that " many of them had not room to use Own weapotas," though it no where appears that the Benchers, therefore, resorted to the mummery of Greek examinations' Another expla!lation has been attempted by insinuating that the Benchers entertain a strong prejudice against, and jealousy of Attornies, and that the real object of the new Regulations is to exclude them hereafter from .the Bar. Such jea lousy, if it existed, would be no mean compli ment to the talent and character of the body that excited it ; but I cannot believe this insinuation against the Benchers, and shall therefore, as their humble but zealous advocate, endeavour to refute the calumny. To whose good opinion were the Benchers first indebted for their professional fame ?—the Attornies. Through whose hands have they re ceived the fees that constitute their fortunes ? the Attornies. Of the numerous members of the Bar, how few at any period have risen to that station from the office of an Attorney ? Of that few, how many by dint of industry, integrity, and talent have attained the most distinguished stations in the State ? Who was Lord Somers ? —Who Lord Hardwicke ? —Who Lord Ken yon ?—ls it any blot on their family escutcheons that they once sat in an Attorney's office ?—or do the coronets they so nobly earned, therefore, sit less gracefully on the brows of their de scendents ? Had the Benchers of their day been afflicted with the same jealousies, as are (I con tend, untruly) ascribed to the present, would the profession have enjoyed the benefit of their great example, or the public the more solid benefit of their splendid services ? To come however to times with which we are more immediately con nected, I will enquire, but most respectfully en quire, in what branch, Mr. Justice Bayley, first entered the profession ?—than whom a more able, or a more upright Judge never graced the seat ofJustice. I will make a like enquiry as to Sir Wm. Grant, Mr. Justice Richardson, Mr. Justice Gaselee,—names that whenever men tioned must inspire respect. That excellent Judge, the Lord Chief Justice Tindal, I believe is guilty of being the son of an Attorney ; and as a first step to the Bench, to which he is now so bright an ornament, Mr. Justice J. Parke took his seat in an Attorney'ioffice. If I refrain from apologizing to these Learned Personages, for thus naming them, it is, because the greater their early disad vantages, the greater is their honour-in having by their own merits attained those exalted stations they have so ably and so honourably filled. There are however still other reasons which would forbid the Benchers indulging in such unworthy jealousies,—as lawyers, and men of business, they well know the importance to society, that persons employed in ma naging the affairs of others,—often under circum• stances the most delicate, confidential, and im portant, should be men of strict probity and honour,—they well know (none so well) that an honest ambition to rise in professional rank, is at once a stimulus to exertion, and a security for honourable conduct ;—they know too, that the first step to dishonour, is moral degradation,— the Benchers therefore would be the last persons to close the door of professional advancement against Attornies, which they well know few can enter, though all would be degraded by the ungenerous exclusion. -If we turn, however, from the motives that may have influenced, to the consequences that, may result from the new " Regulation," a new and extensive field is opened for serious observa tion ; for although no abuse of authority, derived from their predecessors, or assumed by themselves, can be apprehended from the pre sent Benchers, the public have no security that their successors shah always be endued with the same temper, integrity, and judgment. Should future Benchers prove of an opposite character, the very machinery of the new regulation, would present at once the means, and a temptation, to reduce the profession of the law to the condi tion of a rotten Borough. With the aid of a pliant examiner to pluck or pass all who offer for examination, agreeably to their previous dic tates, future Benchers may shortly be enabled to dole out licences to plead, as trading Justices dole out licences to deal in beer, till at length emboldened by practice, and fortified by prece dent, they and their dependants unblushingly stand forth the Newcastles and Sadlers of the Bar. The colouring of this picture may be strong, but the apprehension expressed cannot be considered groundless, when your Lordship recollects that the Benchers are not amenable to any ordinary jurisdiction,—that in England the King reigns by,—the Benchers paramount the law,--►-that the Judges of the land, bound by precedent, have determined (I bow with un feigned deference to their decisions) that the Benchers are not within the jurisdiction of our Courts of Justice, but merely subject to the controul of the Judges as—Visitors ! ! !—that is in their individual character, stripped of their judicial authority, something between a Judge of the land and a private gentleman ; a doubtful and therefore painful character, in which I respectfully submit, for the dignity of the Bench, a Judge ought never to be called on to officiate. It re mains, however, still to be observed that even this nondescript controul is limited to cases where persons, having been admitted members of an Inn of Court, have thereby obtained what has been termed an " inchoate right ;" but that in all cases touching the primary admission or ex clusion of Students, the Benchers are not sub ject to any controul whatever ! ! The office of Bencher, my Lord, I submit is a sacred trust, nearly affecting the administration of public justice, and held for the benefit of the public. The evil to which I have adverted en grosses no small share of public attention, and will shortly be brought before the Legislature, when, I trust, some remedial law will be framed under the immediate auspices and sanction of your Lordship, who have so deservedly been called to the proud station of Chief of a profession, which, with all its failings (and without the aid of Greek examinations) stands unrivalled in learning, wis dom, integrity, and independence. I have the honour to be, my Lord, With the greatest respect, Your very obedient servant, Nov. 5, 1829. PUBLICOLA. ESCAPE OF TWELVE CONVICTS UNDER SENTENCE OF TRANSPORTATION.: Yesterday morning, at one o'clock, whilst one of the Chester coaches was travelling to London, freighted With twelve convicts, under sentence of transportation, preparatory td their removal td the hulks, in the custody of two kceper§, the guard, in the vicinity of Coventry, observed some stir amongst the prisoners, which induced him to propose to the coachman to change places. The prisoners, who kept an equally sharp 100k -out, immediately took the alarm at this, assaulted and overpowered the gvard and coachrn an, dnd tied thern to their own relief, whilst part of them attacked and seCured the two keepers, who rode outside, took the keys or the. handcuffs from them, liberated themselves and their companions, and, turning the tables completely, handcuffed their late gaolers for the sake of safe cus tody. Just as this singular change had been effected a coach was heard rattling towards them, which af terwards proved to be the Alliance, one of the Liverpool stages; but, not deeming it expedient to await its driving alongside, our emancipated travel , leastlie future colonists of New South Wales- - - lost no dine in effecting a precipitate ittreat across the fields, favoured by the darkness of the night, and have not been heard of since. The travellers in the Alliance would readily have 100 ened the now handcuffed keepers, but, the convicts having had the precaution to take the keys away with them, they could only untie the guard and coachman; but one of the turnkeys, or gaol-keeper's assistants, was actually obliged to proceed in this awkward predis cament, handcuffed as he was, to Coventry. This escape is the more remarkable, as it was effected by the cunning and energy of the prisoners themselves, without arty rescue, or other external assistance. Gaol-keepers, we understand, are liable to a pe nalty of .500/. for every prisoner escaping out of their custody. FURTHER PARTICULARS FROM OUR CORRESPONDENT.) BIRMINGHAM, WEDNESDAY NIGHT. The following are a'few particulars (as much as is known yet) of the extraordinary escape of twelve convicts, on their way from Chester (through this town) to London ; as well as the accident to the branch coach from Chester meeting the London one from here. There were twelve convicts, three officers, and, I be lieve, a guard as well as coachman on the Chester. When about two miles from Walsall, the horses took fright, and the coachman lost all command over them ; they ran into the town in contact with a chariot, near the George Hotel (where they change horses), and, I believe upset the coach ; however, the coachman and one of the officers who sat with him were seriously hurt ; indeed I have heard for certain that the officer has had a leg am putated, and the other broken ; the coachman, I believe, broke his arm; not one of the convicts were hurt. This accident delayed the arrival of the coach in Birmingham two hours; instead of leaving it for London at half•past ,even (the last coach out of Birmingham), it was half past nine. On the coach, four were seated behind the coachman, five at the back part of it with one officer, and three inside with another ; the guard rode with the coachman. When about a mile from Dunchurch (about twelve o'clock), a cry of murder was heard from inside the coach, and in a moment the four in front seized the coachman and guard, and the five behind seized the officer, the former threatening:the coachman that unless:he pulled up they would strangle him. Those inside then rifled the pockets of the keeper of the keys of the handcuffs, got their hands free, and while two secured him the other got out, and by means of files, punches, and a hammer, with which, it is supposed, they must have been supplied in Birmingham, unrivetted the irons on his legs, the iron slipper of the coach being used as an anvil. In the same manner every one freed himself; they then in some manner fastened officers, coachman, and guard, securely to the coach, set the coach on the right side of the road, and let the horses loose ; they rifled the pockets of all, and then decamped. All this was done without any coach passing, as there could be none from Birmingham to London, and it n - as too early for the mail from town. I have not yet heard of any being caught. Had the coach left at its usual time, it is very probable but that it would have been near (along the road) to the " Emerald," which leaves at the same time ; but the accident was favourable to them. THE CURRENCY. To the EDITOR of the MORNING ADVERTISER Sllt,-The praise that has recently been lavished on you by the independent part of the press, in regard to the ac tive opposition you have always shown to the Small Note Suppression Bill, will be awarded as your due by every man practically acquainted with the subject. The country, from one end to the other, is smarting from the ill effects of that Bill. lam not myself an ad vocate for any species of paper currency that is not by law convertible into the coin of the realm, although I have doubts whether we ought ever to have broken in upon the Bank Restriction Bill, without an adjustment of ail money obligations, according to the alteration then made in the value of money—and especially we ought to have reduced the public burthens to an amount corresponding to what they were in 1797, previous to the Bank Restric tion. But whatever doubts I have upon this branch of the question, I have no doubt at all that Parliament has, in interfering with the small convertible paper currency of the country bankers, inflicted a blow upon the internal trade of the country, which it can ill atone for. Without going inta the details of this most important subject, 1 will take my stand upon these propositions, which I defy the political economists to upset, viz. :—That a Govern ment having once agreed upon a standard of value, it has no right to dictate to its subjects under what denomina tion they shall lend their credit—That people have as much right to lend their credit in one pound notes as in five pound notes, or bills of exchange, or Colombian bonds, or in any way that others consent to take it ; al ways provided that the public may take their credit, or not, just as they please, that these credits are all con vertible by law, at their appointed time, into the coin of the realm—And, that also the said Government possesses laws to punish and stigmatise insolvency. Let the philosophers deny these propositions, and assert that it is right to pass prohibitory laws against persons who contract debts, then fail, and scatter misery around them—then, I beg to ask, why legislate against country bankers ?—do they scatter more misery around them when they fail than London hankers, London merchants, Greek loan contractors, &c. &c. ? The fact is notoriously other wise, for amongst the seventy failures that took place amongst the country bankers in 1825, sixty of them have paid 20s. in the pound, and this too in the face of sacri fices without a parallel in the history of banking. There fore, if it be right to legislate, snaking the quantum of suffering the rule of interference, the country bankers are the last persons upon whom Parliament should lay its hands; for it seems, notwithstanding the hue and cry that has been raised against them—notwithstanding Lord Goderich's elegant expression of "filthy rags," of paper based sepon nothing—notwithstanding all this rantipole nonsense, they have almost all paid 20s. in the pound. But, say the philosophers, "are the poor to he mulcted out of their hard earnings by taking one pound notes, which afterwards prove to be bad ?" Now I acknowledge and lament the fact : but my re medy is, let those whose duty it is to advise the poor, warn them against parting with their labour, either for a piece of paper, an old hat, or an old shoe, without being first satisfied that the paper, the hat, or the shoe, is equi valent to what they part with. If this will not do, let Go vernment stick up proclamations warning the humbler classes against "Ephemeral Country Bankers." By these means only, men of real capital and probity will be able to maintain their ground. But of all things, avoid legis lation. Having, as I said before, fixed upon a standard, let individuals lend their credit in any way it suits others to take it, and far the rest, laissez faire. These opinions, Sir, thus hastily put to paper, have been better expressed by Mr. Horace Herbert, in a pam phlet entitled "Legislation gone Astray," and to which ray attention was first called by a review of it, which appeartsl in your Paper. Mr. Hers ert maintains, in spite of our professions, that all our currency legislation will end in one way, viz., the exclusive issue of one-pund notes by the Bank of England, and then (that is the mo ment we plunge into war) a Bank Restriction Bill--from which, afterwards, we shall never be able to disengage ourselves. A very short time may decide the soundness of his opinions.—l am, Sir, your obedient servant, MERCATOR. Yesterday a Court of Directors was held at the East India House, when the following Captains were sworn into the command of their respective ships, viz : Captain JOHN PETER WILSON, Dunira, Bengal and China; and Capt. JOHN INNES, Abercrombie Robinson, Bombay and China. SPIRIT OF THE PIItII.TC JOURNALS. It is odd enough, that certain documents in the German Papers, relative to something which has takep place, and to which we have before alluded, between the National Congress of Greece and Its President, the Russian Count Capo cristria, should have wrought in us emotions akin to a sense of the ridiculous, instead of filling our minds with admiration, the latter being the effect which the documents in question were intended, and prepared with much diligence, rto produce on all who read them. But when tee see a long decree professing to come from the "%timer Congress of the Greeks, offering the Count President a handsome income of Spanish piastres, in fortune has de t t h e e t large e . private ic eof the country,'' w re-Arming that " We have deposited the re , i t t ctf ; e4 residemit,i in reply, maindet of our small fortune on the altar t>l the country," but declaring that he will not take ePe . oftheiepiastres ; so long as his " private property," (that is ; the test of the remainder) shall be sufficient fuf his *ants—if we have been sur prised to find ourselete smiling instead a " how munificent ! how heroic l< what an illustrious citizen of a free repliblie is tile ex- Minister of the Czar !" we trust to be fotgiveot by all who despise affectation. We know' all that eau be said about " irreverence for sacred things," and disbelief in the tendency of the " duly Alliance" to purify or elevate the heart of one of its own chosen priesthood ; we pro. fess not to believe a single word of what the slanderers of the age are circulating—to wit, that the " National" Congress 0; Greeks iepo more than a packed posse of M. Capo d'lstreie own tools and creatures—nomineted by him-- selected for their insignificante and almitee servility—drilled into their daily exertist=- - tte- - Cored by him what decrees to pass—enjointql y him what powers and piastres they are to otter !limn as indemnification for the small remains of fortune which he has " laid upon the altar of the country"—and, in short, dressed tip by him as puppets in the show which he has got up Cot floe edification of Europe. But while we aesttre tiff readers that we do not credit one syllable of etsch calumnies on the exalted and romantic generottiii, of M. de Capo d'lstria, we cannot help feeling that there is something in this melodrama to make it look very lilted burlesque although it is quite indisputable that if Count Mastucewitz were asked for an explanation, that ei.tnele•;mintled man would protest at once that he knew nothing at all about time matter. The mention of thso simple minded gentleman compels us to eed as we began, with an involuntary smile.—Times. In consequence of the prevalence of sinister rumours, asserting the interruption of the diplo matic intercourse between Lord Cowley, our Ambassador at Vienna, and Prince Metternich, the Austrian Prime Minister, we have made inquiry in the proper quarter ; and we learn that the intercourse, as far as concerns Lord Cowley, has been interrupted ; but in a different Way, and for a purpose very different from that stated so much confidence on the Stock Exchange.== Lord Cowley has left Vienna on leave of absence for purposes connected with his own private affairs. His Lordship is, probably, at this mo ment in London ; at all events, his presence is hourly' expected. Lady Cowley (erroneously called Lady Wellesley in some of the Daily Papers) arrived yesterday. We are infaitikil that the interval between the two arrivals is to be accounted for by the Ambassador having taken the route of Paris. Our readers may test satis fied that we have above stated the real motive of this journey, which will certainly give rise to innumerable Stock-jobbing reports. From what we have said it is almost superfluous to add, that the political and personal altercation between the British Ambassador and the AuStrian Pritne Minister is from first to last pure fiction. The intercourse between the two countries is per fectly, and even unusually, amicable ; and the views and objects of the two Cabinets do now, and have fora considerable time (we might say from the period when the Duke of Wellington became Prime Minister), harmonized on the im portant subject of Oriental Policy. We might go farther, and add, that even before the Duke of Wellington occupied any ostensible situation in the Cabinet, an active correspondence was carried on between him and Prince Metternicli on this very point, and that their views and pre dictions as to the probable result of the measures at that time in incipient progress were identical, and have been borne out to the letter by the event. Up to the last moment of Lord Cow , ley's stay at Vienna, his intercourse with all the Members of the Austrian Cabinet, and 'with the Prime Minister in particular, was frequent, un interrupted, and highly amicable, and nothing whatever had occurred to indicate the slightest probability of an interruption of this very desir able state of things.—Morning Chronicle. The Dublin Morning Register of Monday last observes, with reference to the trials at Cork - The most important discovery was reserved for the last day, and was made by Baron Pennc father, whose conduct throughout the entire proceedings was above all praise. It was this —that the famous tent scene, the chief machinery employed to involve the old man Learye• whose case we have so often alluded, was nc mentioned in the original depositions of Daly, and was, therefore, manifestly the fruit of an after-thought. To find out this was an immea surably greater importance than to ascertain that he had detailed in the beginning pretended facts which were not afterwards adduced in his evi dence in open Court. It was infinitely less daring and perilous to the lives of the parties inculpated to exaggerate in the first instance, than to foist new fictions on the attention of the Authorities afterwards. To make such a dis covery was, indeed, a work of magnitude 'and moment. But it was reserved for the research of the Judge at nearly the twelfth hour. How was this ? There was surely leisure enough to sift and explore the intricacies of this extraordi nary business. There were the plot-unravellers at Cork and in Dublin—the Police Authorities —the Magistrates—the astute and sagacious . Crown Lawyers. By what miracle, we ask, could it have happened, that not one of them observed that the tent scene was not introduced into the drama, as at first arranged by the inven oc,y! is' inven tor, and that the fact was at length brought to light by means of a glance at the w.i:ten deposi tions taken cursorily and casually by the Learned Judge, after four - men were convicted and four iiineeoarerneceLladAA primauagainst nut in nearlygfaai al e l the those sr C tnr o aa r t Cork trials. time made no of lf they knew that th e w i tness, the :however, r jeoepvaerrl who have had n. (,oelni tmitoohnoe his informationangleni t l i e l n management in who was in constant the Tent Scene—the traneacei9rt: JVhich/impli cated Leary in a regularbigannee'd-lcotisPiracy7-e -, AX:t he rY I s 1