The Sun. — London, England, 1829-04-21 00:00:00

and shall. have the same powers, remedies, and privileges, and 'shall be subject to the same regula tions and penalties, with reference to the levying of such police rahe, as if they had been appointed Overseers of thehoor by virtue of any law or laws now in force. Provided always, and be it enacted, tint if any person from whom any sum•of money shall be dt. minded on account of any police rate to be levied under this Act as aforesaid, shall think himself aggrieved on the ground that such sum is not accord ing to to the pound rate specified in the warrant of the Justices, or is not according to the valuation of his property which may for the time being be acted upon in making the rate for the relief of the poor in the parish, township, precinct, or place in which his property may be situated, such person may, within ten days after such demand, appeal to any two br the Justices of the Peace appointed to act at any 14 the Police Offices now established in Middlesex and Surrey, provided that the person so intended to appeal shall give to the Overseers of the poor of such parish, township, precinct or place, a notice in writing of such appeal, and of the ground thereof, and at which of the said Polite offices the same is to be beard,five days at least before the hearing thereof; and any two d the Justices at such office are hereby authorised and required, within the tcn days bere inbefore mentioned, or at some adjournment tbereot, to examine into the matter of the appeal, although the case may have arisen in a county different from that in which the said Justices may then be sitting; and they may for that purpose bear the parties, and summon and examine upon oath any witnesses, and give such relief, or make such order in the premises as to them shall seem just, and their decision there on slutli be final and conclusive. And whereas it is expedient to provide for those eases in which the valuation of property acted upon in making the poor-rate, may be inadequate end un fair with reference to the police-rote under this Act ; be it therefore enacted, that if any two of the Justices to be appointed tinder this Act shall be dissatisfied with the valuation of property rateable for the relief of the poor which may be acted upon for the time bring in any parish, township, precinct, or place, whether parochial or extra-parochial, in the Metropolitan police district, the said Justices, with the approbation of one of his Majesty's princi- pal Secretaries of State, tliay, by warrant under their hands, appoint two or more proper per sons to be assessors, for the purpose of asses sing the fair annual value of such property,• and rating the same to the police-rate to he levied under this Act ; and such assessors shall, within forty days after the delivery to them of the warrant of their appointment, make, sign, and return to the said Justices an assessment for the parish, township, precinct or place named in such warrant, and the assessment shall be fairly written in a book, and ahull specify in different columns the names of the respective inhabitants or occupiers of any property rateable to the relief of the poor, the fair annual value of such property, and the amount of police rate charged in respect of such property on the in habitants or occupiers thereof, and when the pre mises shall be unoccupied, the fair annual value thereof to let ; and the said assessors shall be allow ed for their trouble and expences such remuneration as one of his Majesty's principal Secretaries of State shall direct. and the same shall be paid out of the ' amount tit the police rate which shall be collected after such assessment. And be it enacted, that it shall be lawful for any - Assessor appointed under this Act, or any other person having an order under the hands of any two of the Justices appointed under this Act, to inspect •any rate made or to be made for the relief of the poor, and also any assessment for the house tax, in any such parish, township, precinct or place within the metropolitan police district as shall be named in such order, and to take copies or extracts from such rate and assessment without payment of any fee or reward, and if any person having the custody of any such rate or assessment shall wilfully neglect or re fuse to permit any such assessor or other person to inspect the same, or to take copies or extracts from the same, within two days after such order shall have been produced and shown to him, or a copy thereof left. at his usual place of abode, he shall, on conviction thereof before any two Justices of the Peace, forfeit and pay for every such offence such sum, not exceeding ten pounds, as they shall think meet., And be it enacted, that where the value of the iateable property in any parish, township, precinct or place in the metropolitan police district shall have be e n assessed by any assessors as aforesaid, and such tasessment shall be allowed by the Justices ap pointed under this Act, or any two of them, public .notice of the assessment so allowed, and of die place where the same may he inspected, shall Le given in the Church or Chapel of the parish, township, pre ciiict or pine to which such assessment shall relate, upon the Sunday next, or next but ore, after the same shall have been so allowed; and the overseers of the poor, or any other person in whose custody such assessment may be, shall permit every inha bitant or occupier of property included in such as sessment to inspect the same, and to make any ex tracts therefrom, without - payment of any fee or re ward : and if any overseer or other person shall willfully neglect or refuse to permit any such inha bitant or occupier to inspect such assesment, or to make any extract therefrom, he shall, on conviction thereof brfore any two Justices of the Peace, forfeit an.l pay for every such offence, such sum, not ex ceedingfive pounds, as the Justices shall think meet. And be it en,:cted, that every assessment of pro perly made by assessors appointed tinder this Act shah bind and conclude all parties named therein, hilless the same shall be disputed by the giving a notice of appeal, and also entering into a recogni zance as hereinafter particularly mentioned ; and in case such assessment 'shall be appealed against as to certain particulars, it shall nevertheless be binding and conclusive as to all other particulars; and the amount of police rate charged in respect of such parts of the assessment as shall not be appealed against, may be levied as if no such appeal had been made, and the Overseers of the Poor shall proceed to levy the amount in the same manner, and shall have the same powers, remedies, and privileges as for levying money for the relief of the poor, and shall pay over such amount to the Receiver to be appointed under this Act, or in default thereof shall be proceeded against in the manner hereinbefore mentioned in that behalf; and the proceedings for levy;ng the Pblice Rate shall be stayed only with respect to those parts of the assessment which shall be disputed, by giving a notice of appeal, arid also entering into a recognizance, as is hereinafter par ticularly mentioned. And be it enacted, that if any person shall think. himself aggrieved by any assessment made by asses sors appointed under this Act, on the ground that such assessment includes any property for which he is not legally rateable, or that it assesses his rateable property beyond its fair annual value, or that any person or persons is or are omitted "out of such as sessment, or that the property of any person or per sons is assessed below its fair annual value, the per son so aggrieved may appeal to the next Court of General or Quarter Sessions which shall be holden for the county in which the cause of appeal shall have arisen,' not less twenty-one days after the pub lication of such assessment in the Church or Chapel as hereinbefore mentioned : provided that the person so intending - to appeal shall give to the Receiver to he appointed under this Act a notice in writing of such appeal, and of the cause and matter thereof, Within seven days after such publication of the as sessment, and within ten clear days at the least be fore such Sessions, and shall also, within three days after his notice of appeal, enter into a recognizance before some Justice of the Peace of the county, with two sufficient sureties, -conditioned to try. "'such ap peal at the said Sessions, and to abide the order of the Court thereupon, and to pay such costs as shall be by the Court awarded.;,and in case such person shall appeal on the ground that any person or per sons is or are omitted out of the assessment, or that tiae property of :iny person or persons is assessed be low 45 ilk “Uttuttl yttlue, the party 59 appealing 511411 not only give such notice or appeal to the Receiver, and enter into such recognizance as aforesaid, but shall also give a like notice of appeal to the person or persons so interested in the event of such ap peal as aforesaid, and shall enter into a like-recog nizance within the times hereinbefore respectively mentioned; and the person or persons so interested shall, if he or they shall desire it, be heard 'upon the appeal; and the Justices of the recce at such Ses sions, or some adjournment thereof, upon due proof of the notice having been given, and of the recog nizances having been entered into as aforesaid, shall hear and determine the matter of appeal in a sum:. mary manner ) and shall make 'such order theteiM, with or without cost's to either party, as the said Justices shall think proper; and in case the said Justices shall think the appellant entitled to relief, they shall order the assessment to be amended in such manner as may he necessary for giving him relief; and in case he shall have appealed on the ground that any person or persons is or are omitted nut of the assessment; the said itnstfees may order the name or haet of such person or persons to be inset ied in the assessment, and to be therein rated at such amount as they shall deem just ; and in case the appellant shall have appealed on the ground that the property of any person or persons is assessed below its fair annual value, the said Justices may Order the amount at which such person or persons is or are rated in the assessment, to be altered in such manner as they shall deem just ; and the pro per officer of the Court shall in each of the cases aforesaid forthwith amend the assessment accord ingly, but the assessment shall not be quashed or altered with respect to any other persons named therein; and the determination of the Justices at any such Sessions or adjournment shall be final and conclusive. And whereas it is expedient to provide for those precincts and places in the Metropolitan Police District in which no rate is made for the relief of the poor, or in which property may be deemed not to be rateable thereto; be it therefore enacted, that the respective inhabitants and occupiers of all messuages, lands, tenements, nod hereditaments in any precinct or place, whether parochial or extra-parochial, in the Metropolitan Police District, although such messuages, lands, te nements, and hereditaments may not be rated to the relief of the poor, or may be deemed not to be rateable thereto, shall nevertheless be liable to contribute to the police rate under this Act as if the property so inhabited or occupied were rateable and rated to the relief of the poor; and any two of the Justices appointed under this Act may by warrant under their hands, nominate assessors to assess the fair annual value of all such property, and to rate the same to the police rate under this Act ; and such assessor shall have the like powers and privi leges, and shall proceed in the like manner as has been hereinbefore-menticned with reference to as sessors; and all provisions hereinbefore contained with regard to the allowance, notification, and in spection of anv assessments made by assessors appoint ed under this'Act, and also with regard to the binding and conclusive effect of such assessments, and the grounds of appeal against the same, and the notice and recognizance preparatory to the appeal, and the proceedings of the Justices relative to the appeal, shall apply and be enforced with regard to any as sessments which shall be made under this Act in any precincts or places not rated or deemed not to be rateable to the relief of the poor, as fully and effectually as if those provisions were here repeated and expressly re-enacted with regard to assessments in such precincts and places; and any two of the Justices appointed under this Act shall nominate one or more person or persons for levying the amount of police rate in any such precinct or place, who shall proceed in the same manner, and shall have the same powers, remedies, and privileges, and shall be subject to the same regulations and penalties, with reference to the levying of such po lice rate, as if he or they were an overseer or over seers of the poer in a precinct or place rated to the relief of the poor, and shall pay over the amount of such police rate to the receiver to be appointed under this Act, or in default thereof shall be pro ceeded against in the same manner as overseers are by this Act to be proceeded against for non payment cf the police rate. And whereas circumstances may occur which may render it expedient that the provisions of this Act should extend to other places within a certain di - tance of the metropolis, in addition to the places which are enumerated in the Schedule to this Act; be it therefore enacted, that it shall be lawful for his Msjesty from time to time by the advice of his Privy Council, to order that any parishes, townships, pre cincts, and places in the counties of Middlesex, Surrey, Hertford, Essex, and Kent, of which any part shall be situate within twelve miles of Charing cross, in the city of Westminster, shall, after a cer tain day be named in such order, be added to and form part of the 111et:opolitan Police District, and be placed under the charge of a Police ft be ap pointed under this Act ; and all provisions herein before contained with regard to the discontinuance of the night watch and night police appointed previously to or independently of this Act, the cessation of their powers, the cessation of the powers for levying watch rotes, the giving up cf watch-houses, watch boxes, arms, accoutrements, and other necessaries, to gether with the penalties for neglect or refusal in that behalf, and the exception as to any watch-rate previously made, and also all provisions hereinbefore contained with regard to tl.e levying of the polices rate, the amount of such rate, the payment thereof to the receiver, the remuneration to overseers, the proceedings against overseers for default, the addi tion of arrears to the next levy, the appointment of persons to act as overseers, the appeal against the police-rate to the Justices at the police-offices, and all provisions with regard to the assessment of the annual value of rateable property, and the rating of the same to the police-rate by assessors appointed under this Act, and with regard to the powers and duties of such assessors, as well as all other matters whatsoever previous to, concomitant with, or conse quent or contingent upon, such assessment, shall apply and be enforced in every parish, township, precinct, and place which shall, by order in Council, be added to the metropolitan police district, as fully and effectually as if such parish, township, precinct or place, had been originally included in such district by virtue of this Act. And for the more effectual prosecution of offences punishable upon summary conviction, by virtue of this Act, be it enacted, that where any person shall be charged on the oath of a credible witness with any such offence before any Justice of the Peace, the Justice may summon the person charged to ap pear before any two Justices of the Peace, at a time and place to be named in such summons; and if the person charged shall not appear accordingly, then (upon proof of the due service of the sum mons by delivering a copy thereof to such person, or by delivering a copy to the wife or servant, or some adult inmate of the family of such person at his usual place of abode) the Justices before whom lie ought to have appeared, may either proceed to hear and determine the case ex-parte, or may issue their warrant for apprehending such person and bringiog him before them ; provided always, that • the prosecution for any offence punishable upon sum ' mary conviction by virtue of this Act, shall be corn , menced within three calendar months after the corn , mission of the offence, and not otherwise. And be it enacted, that every sum which by any Justices of the Peace shall be adjudged to be paid for any offence against this Act, shall be paid to the re ceiver appointed under this Act, to be by him added to and applied'as part of the police rate; and no person, although rated or liable to be rated to the police rate under this Act, shall by reason thereof, or by reason of the application of any penalty to the use of such rate, be deemed to be an incompetent witness before any Court of Justice or Justices of the Peace, in any proceeding whatever for any offence 'agaiust this Act, or in any matter relating to the police rate, or in any other matter mentioned in this Act : and no Justice of the Peace shall be dis abled from acting in the execution of this Act by reason of lti - $ being rated or liable to be rated to the police rate. And be it enacted, that the Sustices of the Peace by whom any 'person shall be convicted and ad judged to pay any sum Of money for ally offence against this Act, May adjudge That such person Shall pay the same either immediately or within such pe riod as they shall think fit; and that in default, of payment at the time appointed, he shall be impri soned in the House of Correction for any term not exceeding two calendar months, where the sum to be paid shall not exceed fine pounds, and for ahy term not eiceedingfouo Calendar Months where the slim shall hot exceed len pounds, and for any term not exceeding six calendar months in any other. case, the imprisonment to cease in each of the cases aforesaid upon payment of the sum due. And be it enacted, that the Justices before whom any person shall be summarily convicted of any offence against this Act tray cause the convittion to be drawn up in the following form of words, or in any other form of words to the same effect, as the . case may require; that is to say-- " Be it remembered, that on the to wit: 5 day of in the year of our Lord in the county of A. B. is convicted before us (naming the Justices), two of his Majesty's Justices of the Peace, for the said county, for that the said A. B. did (specify the of fence, and the time and place when and where the same was committed, as the case may be) ; and we the said Justices adjudged the said A. B. for his said offence to forfeit and pay the sum of (here state the amount of the sum to be paid), and in default of immediate payment of the said sum, to be imprisoned in the for the space of unless the said sum shall be sooner paid; (or, and we order that the said sum shall be paid by the said A. B. on or before the day of and in default of the payment on or before that day, we adjudge the said A. B. to be imprisoned in the for the space of unless the said sum shall be sooner paid) ; and we direct that the said sum shall be paid to the receiver for the Metropolitan Police District, to be by him applied according to the Act passed in the tenth year of the reign of his Majesty King George the Fourth, in ti ruled, ' An Act for improving the police in and near the metropolis.' Given under our hands the day and year first above mentioned." And be it enacted, that no conviction, order, war rant or other matter, made or purporting to be made by virtue of this Act, shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty's Courts of Record at West minster; and no warrant of commitment shall be held void by reason of any defect therein, provided that it be therein alleged that the party has been convicted, and there be a good and. valid conviction to sustain the same; and where any distress shall be made for levying any money by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deensed a trespasser on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto; nor shall the party dis training be deemed a trespasser, ab initio, on ac count of any irregularity afterwards committed by him; but the person aggrieved by such irregularity may recover full satisfaction for the special damage, if any, in an action upon the case. And for the protection of persons acting in the execution of this Act, be it enacted, that all actions and prosecutions to be commenced against any per son for any thing done in pursuance of this Act, shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action and of time cause thereof, shall be given to the defendant one calendar month at least before the commence ment of the action; and in an such action the de fendant may plead the general issue, and give this Act aad the special m•itter in evidence as to any trial to be had thereupon ; and no plaintiff shall re cover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant ; and if a verdict shall pass for the defendant, or the plaintiff shall be be come nonsuit or discontinue any such action after issue joined, or if, upon demurrer or otherwise,judg ment shall be given against the plaintiff, the defend ant shall recover his full costs as between attorney and client, and have the like remedy for the same, as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon. Provided always, and be it enacted, that nothing in this Act contained shall affect or alter an Act passed in the third year of the reign of his present Majesty, intituled, " An Act for the more effectual administration of the office of a Justice of the Peace in and near the metropolis, and for the more effec tual prevention of depredations on the river Thames and its vicinity for seven years," or an Act passed in the sixth year of the present reign, intituled," An Act to amend an Act for the more effectual admini stration of the office of Justice of the Peace in and near the metropolis." And be it enacted, that this Act, or any part thereof, may be repealed or altered at any time within the present Session of Parliament. And be it enacted, that this Act shall be deemed to be a public Act ; and shall be judicially taken notice of as such by all Judges, Justices, and other persons whatsoever, without the same being spe cially pleaded. Despatches were received yesterday at the Foreign-office, from Mr. MATrnEvt - s, his Britannic Ma jesty's Consul at Lisbon, and from Lerd STEWAXtT DE ROTHSAV, our Ambassador at Paris. Despatches, bearing date 9th Mardi, were yesterday received at the Colonial Of f ice, from Major- General Sir B. D'URCAN, the Governor of Demerara and Essequibo, and from Lieut.-Colonel ARTHUR, the Gover nor of Van Dieinan's Land. --- - The Ministerial changes resulting from the opposition given by certain persons to the Roman Catho lic Relief Bill, will be fewer, and of less importance, than was anticipated even by the parties themselves. The whole of what is called the LONSDALE party, wko, it will be remembered, tendered their resignation (which tender was received, but sot acted upon), will quietly, and with out remark, resume their functions. The important de partment of the Woods and Forests, and the confidential office of JUDGE ADVOCATE GENERAL (the first held by the son, the second by the son-in-law of the Earl of Loris- DALE), with some other minor appointments, are to re main with the pre:,ent possessors. —Morning Chronicle. Fashionable gossip revives the report, and with increased confidence, that the explanation to be given in the House of Lords immediately after the Easter Re cess, of the circumstances which led to the recal of a late popular Vicznor, will necessarily bring before the public the domestic affairs of a Noble MauQv's and his MAR CHIONESS, as it is affirmed, without circumlocution—tbat the refusal of a place on the Iri-h Pension List to the Noble Lady in question, was the real dignus Vindice Ncdus.—Morning chronicle. In some of the anti-Catholic prints an insi nuation has been thrown ot.t that Sir WALTER SCOTT'S conversion to the principles so admirably sustained in the Edinburgh petition in favour of emancipation, was very sudden. We contradicted this some time ago from good authority ; but as no authority is so good as the distin guished writer's own words, we beg leave to quote the .following passage from his Life of Cumberland, vol. iii., p. 221, of his Miscellaneous Prose Works, written, as appears by the a dvertisement, antecedent to 1825. Speak ing of the character of Major O'Flaherty, he says—" It could only have been drawn by one who, like Cumnan- Lawn, had enjoyed repeated opportunities of forming a true estimate of the Irish Gentleman ; and the Austrian cockade in his hat might serve to remind 'the British Administra tion that they had sacrificed the services of this noble and martial race to unjust restrictions and' political prejudices•" COLO*IA AND PERU. The following documents, which hafe 4peared at various times in the Colombian Papers, relate to the war between that republic and Peru. We were Compelled to omit them before by the pressure of more important matter. (From the Gaceta de Colombia of Dec. 23, 1828.) " COLOMBIA AND PERU. " BOGOTA, JuLT 31, 1825. " Most Excellent Sir,—lt is expedient that the war hi ‘thich our respective Republics hare un happily engaged should be brought to a speedy con clusion : the welfare and happiness of both countries require it, and the Government of Colombia most earnestly desires ir, in order that all animosity be tween two sister nations, friends and allies, may en- tirely disappear, and that concord and good under standing may be re-established. For this purpose, inasmuch as it is impossible to come to any under standing during hostilities, I have commissioned Colonel D. F. O'Leary to arrange and definitively conclude an armistice, which will be the beginning of the reconciliation and the preliminary of peace. I trust that the good qualities which adorn Culonel O'Leary, and which are not unknown to your Ex cellency, will render his mission successful, and gain him the esteem and goodwill of yeur Excellency ; and for the same reason I hope your Excellency will give full credit to whatever he may do in the name of this Government; above all when he as sures your Excellency of the sentiments of consi deration with which I am your attentive servant, (Signed) " SLMON BOLIVAR. " ESTANISLAO VERGARA, 'Secretary of Fo reign Affairs. " To the Most Excellent the President of the " Republic of Peru." " REPUBLIC OF COLOMBIA. " QUITO, AUG. 30, 1828 (18. " TO THE MINISTER OF FOREIGN AFFAIRS OF PERU. " Sir,—The undersigned has the honour to. com municate to the Minister of Foreign Affairs of Perti, that having been appointed by the Government of this Republic Commissioner to that of Peru, he has arrived at this city, of which he thinks it his duty to apprise the Minister he has the honour of addressing, and to remit a copy of his credentials; at the same time the underwritten thinks it proper to inform the Minister, that to-morrow he goes to Guayaquil, where he shall remain till he receives a safe conduct and the necessary passports to proceed to Lima. It is highly flattering to the underwritten to have been chosen by his Government for a mission, the object of which is to avoid a war,. and fix the preliminaries of a solid peace bet Ween Colorribia and Peru. " The undersigned requests the 11Iinister he is now addreSsing will be pleased to make this commu nication known to his Excellency the President of Peru. " The Commissioner of Colombia begs the Minis ter of Foreign Affairs will accept the sentiments of esteem and respect with which he has the honour to subscribe himself his attentive and obedient servant, DANIEL F. O'LEARY." " PERUVIAN REPUBLIC. " FOREIGN OFFICE, PALACE OF GOVERNMENT. " LIMA, SEPT. 30, 182E3 (9). " Sir,—The Minister of Foreign Affairs of Peru has the honour to reply to the note of the Commis sioner of General Bolivar, dated Quito, August 31, and accompanied by a copy 'of his credentials, for the purpose of arranging an armistice which is to he the preliminary of peace. The GovernMent of Peru loves peace as sincerely as it abhOrs the war in which the nation it presides unfortunately finds itself engaged, and therefore cannot but admit the mission of Colonel O'Leary. His Excellency the Vice-President of Peru, desirous of accelerating the good effects of the mission, and of preventing any obstacles from occurring after its commencement, wishes to know, previously to sending the safe con duct. and passports to the CoMmiiiioner, what are the principal bases upon which the negociatiOn is to be commenced; which data, 'although not always 'requisite, yet must be alloWed to be in the present case, in consequence of the peCuliar circumstances of this unfortunate misunderstanding: " The underwritten cordially returns the senti ments of esteem with which Colonel O'Leary sub scribes himself his attentive servant, " MANUEL DEL RIO, " Minister of Foreign Affair!." " REPUBLIC OF COLOMBIA, " COMMISSLON OF THE GOVERNMENT OF COLOMBIA TO THE GOVERNMENT OF PERU.. " TO THE MINISTER OF FOREIGN AFFAIRS OF PERU. " Sir,—The Commissioner of his Excellency the Liberator, President of Colombia, has had the ho nour of receiving the note of the Minister of Fo reign Affairs of Peru, dated the 30th of September last, in which, after signifying the love of peace and abhorrence of war which animate his Government, and its desire of accelerating the good effects'of the mission with which the underwritten is intrusted, wishes previously to know what are the bases upon which the negotiation is to be entered into. " The undersigned observes with sorrow a mani fest contradiction between the desire of peace which the said note expresses, and the means of obtaining. it proposed by Mr. Rio. The great distance be tween Lima and this city makes the communication difficult. Nearly two months. have elapsed from the time the underwritten solicited a safe conduct, to the day on which' he received the reply. Two more will elapse in fresh replies, and perhaps during that interval blood will be shed which ought to be spared; but the Government of Peru, in whose power it is to avoid these evils, is alone responsible for the result. " The undersigned, participating in the sincere desires of peace which guide this Government, hastens to remove the new difficulties created by the Government of Peru, in exacting a condition which Mr. Rio confesses is not always necessary, and which is, in fact, very unusual. His Excel lency the Liberator President has not imposed upon the undersigned any restrictions, nor has he confined him by any basis as conditions sine qua non. His wishes for peace are as cordial as the powers are ample which he has granted to his commissioner. " To re-establish a good understanding between Peru and Colombia, the President of the latter Re public only requires what is just. Strict justice will, then be the basis upon which the negotiation for peace is to be commenced. • " The 'undersigned, notwithstanding the note to which he is now replying, and the exalted discourses which the Editors of Peru attribute to their Chief Magistrates make him fear that the happy epoch of a sincere reconciliation is yet distant, still repeats his request that the Gocernmerst of Peru will send him the necessary safe conduct for himself and his suite to proceed to Callao in a ship of -war of their na tion, or that it will send to this city a Commissioner fully authorised to arrange and definitively conclude an armistice. For this purpose, and to accelerate the neetiations, •the undersigned has the honour to transmit to Mr. Rio a blank safe conduct ; but if the Government of Peru refuse to accept these frank proposal, the undersigned most solemnly protests that that Government is and shall be responsible for all the evils that may occur in case the differences between Colombia and Pent are left to the decision of the sword. " The undersigned takes the liberty of pointing out to the Minister of Foreign Affairs an irregula rity which he has committed, in addressing the note to which the undrrwritten is now replying, to the Commissioner of his Excellency General Bolivar. Always disposed to excuse faults which may have been involuntary committed, the undersigned is not inclined to consider in the light of a fresh insult to the Colombian nation the motives of this complaint, and he therefore rather attributes it to a doubt as to the title his Excellency the President Liberator m ight have received since the people confided to him the unlimited command of the Republic. " The annexed decree will inform the Minister of Foreign Affairs that his Excellency has preserved the deikninll.liers - which the law and the voice of tie ijeeN%bave cianfei'red lip; and the un dersigned is under the necessity ecdichiring that he will not, in future, receive any communication in whiCh they, are not set forth whenever allusion is made to the Chief of Colombia. " The undersigned, in concluding tliis note, feels a real satisfaction in repeating to Mr. Rio the senti ments of the most distinguished esteem and consi deration with which he has the honour to be his very attentive servant, " DANIEL F. O'LEARY." . " Soldiers ! I come to place myself at your head, to share the dangers and the glory of the campaign to which you are provoked. The sworn enemy of Peruvian independence ; the violator of our na tional rights—he who cannot hear you called vir tuous without being furious with anger,—the only man who proclaims despotism in the continent of America—General Bolivar has dared to 'declare war against us; his presence on the frontiers being to serve as a signal for the combat. You will conquer the arrogant slaves who accompany him in so fra tricidal an enterprise; you will revenge the out rages offered to your honour, the insults heaped upon the Republic, and will build the prosperity of two friendly and sister nations. " Soldiers 1 Such are your sublime destinies—in you the country places these precious hopes; show yoUrselves worthy of so great a trust; comply with the wishes of your fellow-citizens, which are the expression of the law and the measure of your duty. " Soldier; ! Valour distinguishes freemen from the wretches who drag on their existence in slavery. But the strength of the Republican phalanx con sists in discipline, morality, and concord. These are the guarantee of victory, and the terror of our enemies; without discipline there is no order— without order there is no morality, and without morality there is none of that unity of sentiment which ought to make you present yourselves ge nerously resolved to conquer or to perish for the happiness of your country, and for the preservation of your integrity and independence. Companions ! war to those who seek their own aggrandizement in our humiliation ! Peace and friendship to the Colombian nation, which is our friend, sister, and ally. " JOSE DE LAMAR. " Tantho Grande, Oct. 12, 1828." " REPUBLIC OF PERU. " LEGATION NEAR THE GOVERNMENT OF COLOMBIA, BIJONAVENTURA, AUGUST 14, 1828. " TO THE HON. MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF COLOMBIA. " Sir,—The undersigned has seen with the deepest sorrow the proclamation of his Excellency the President of Colombia, in which he declares war against Peru. Every man of sense had foreseen this development : the desires of his Excellency the Liberator were very well known, and had not escaped the penetration of the Government of Peru. Therefore the underwritten, by express instructions he has received for this event, finds himself under the necessity of declaring, that his Government was persuaded that nothing could be gained by friendly and conciliatory measures, and that its only motive for sending an envoy was to hasten this fatal dis covery, and show to the world "that it omitted no means to preserve peace, and prevent the scandal of two nations, governed upon the same principles, and with similar institutions, and which have only just thrown off the heavy yOke which for three cen turies oppressed them, soaking the soil of America with tile blood of her sons. " The underwritten is at the same time commanded to declare, that the Government of Colombia will be held responsible for all the expenses, all the evils that may be caused to that of Peru, by the necessity i►► which it is placed of repelling an unjust aggres sion to preserve its rights uninjured, and the security of its territory inviolable. " The undersigned has the honour to repeat to the Secretary of Foreign Affairs of the Republic of Colombia, the sentiments of his most distinguished regard. " JOSE VILLA, Minister Plenipotentiary of Peru." (From the Gaceta de Colombia of Jan. 11.) " PERU. " PROCLAMATION. c ' JOSE DE LA ALVA AGUERO, PRESIDENT OF THE PERU VIAN REPUBLIC, &C. " Peruvians—The treason of General la Fuente opened the gates of our country to the dictatorship of the Liberator of Colombia. The army, in which our hopes were fixed, enrolled itself in the ranks of the stranger. Peru fell. My, enemies gained a transient triumph by representing me as a traitor; but they soon blotted this stain from my name with their own infamy. Torre Tagle, Berindoaga, Gal diano, . and innumerable • others, changed the tri coloured cockade for the bloody cockade, and Peru would still have been Spain's if the genius of 801 - Var had not opposed itself to it. Peruvians—Those men who then endeavoured to sell the country to the common enemy, are the very same who have now engaged you in an iniquitous struggle with a warlike nation. The war you are lining against Colombia is impolitic, and will cover you with ignominy. The personal complaints of Gen. Lamar are not just causes for war. He blinds you: do not confide in his hypocritical discourses. Sheath your parricidal swords. Peruvians,. from Europe I have heard your cries : Ihave flown to save you. The Government which oppresses you is an usurper, because it does not emanate from the people—it is a tyrant, because it is opposed to their will. Do not obey it. Your legitimate President will soon be with you. The same who six years ago opposed and triumphed over the attacks of that crowd of wretches sold to Spain, tears himself from his re pose, resolved to give your country peace and proper government. 4( Santiago de Chile, Sept. 12, 1828. " JOSE DE LA RIVA AGUERO." A Meeting of the Friends of Civil and Re ligious Liberty in Kerry will take place in a few days in Tralee, for the purpose of promoting , the collection of sub scriptions throughout this county for the great Liberator of Ireland. Dublin has set an example worthy the imi tation of all Ireland ; Cork has taken its station next to the Metropolis ; and Kerry, we are satisfied, will come forward with that promptitude and fidelity which have ever characterised it.— Tralee Mercury. FREE TRADE TO THE EAST.—A public meeting of the bankers, merchants, traders, &e. of the city of Bristol, was held on Tuesday last, for the purpose of petitioning Parliament against the renewal of the East India Company's charter. JonN CAVE, Esq. was 'called to the chair, and several able speeches were made with a view to prove that the abolition of the monopoly wotdd produce material benefit to commerce. The sub stance of one of the resolutions agreed to was, that the partial opening of the trade (though clogged with vexa tious restrictions) has already raised the amount of our exports from 1 millions to nearly 4 millions annually, while our imports have increased in a corresponding ratio. It was resolved that a petition to the House of Commons should be forth With prepared and signed, praying that the House would direct its attention to the serious disad vantages which the British public, and the commercial in terests in particular, have been subjected to by the exclu sive privileges of the East India Company. SUBTERRANEAN HORTICULTUEE.--A re markable instance of tenacious and profligate , vegation in a potato occurred lately at the village of Redding. The Gig Pit there, the property of his Grace the Duke of HAMIL TON, is 35 fathoms in depth. In the latter end of last August, one of the boys whp work in it had takeu.below a quantity of the produce of a neighbotiting field. These he carried into one of the levels, nearly two hundred fathoms from the bottom of the shaft : here, by chance, two pota toes fell amongst a small quantity of the t'latey clay, called blaze, and'iti a short time their blanched shoots were no ticed about two inches: above the surface. Two weeks after their being thus planted,. and on the pay-Saturday, they were dug up, when upwards of a dozen full-sized potatoes were found. A like quantity was thus every week for two months the regale of the workmen, who took care to 'replant- the two original parent potatoes every tin.e they had eased them of their produce.—Scotsman. FOREIGN EXCHANGER .. .0)/ LONDON° LEIPSIC, AI;RIL I3.—Three month's", 14%. BERLIN, APRIL 14.—Three months, 6. 23y,i. VIENNA. APRIL a—Three months, 9. 53. CURRENt VALUE OF GOVERNMENT SECURITI MADRAS, D. c. 24. Six per Cent. Bengal Remittattle Loan. At the Rate of - Sut,scription, viz. 350 Madras Rups. per 335 Sicca Rups 32 PrltnilU e ? . At the Rate prevailing among Merchants and Bro kers in buying and selling Public Seem ales, viz. 10ti Madras Rups. per 100 Sicca Rups. .30 Prelni UM Five per Cent. Be. gal Unremittable I oa n . P At the Rate of Public Subscription, viz. 350 Madras Rups. per 335 Sicca pups. 4 Pr etU T. At the Rate I,revailing among Merchants and Bro kers in buying and Selling Public Securities, viz. 1081 Madras Rups. per 100 Sicca Rups. Five per Cent. - Bengal New Five per Cent. Loan, dated August 18, 1 10 ' . ' At the Rate of Sub;cription, viz. lu6 Madras Raps. per 100 Sicca Rups. 4 Pren i I°La. MAILS. Due ri • Arved. Due. Arrived. 0 America 2 0 Hamburgb..........••• 0 - O Brazil ' 0 Buenos Ayres 0 0 Jamaica .. .......... . . ',; 1 I)ubl:n 0 0 Leewardlaland4 ... ; O Flvnders 0 0 Li5b0n................. 0 1 France 0 0 Malta ...ay.!' 6 v 0 Gottenburgh 1 0 Mexico ........ O GuemseyScJersey.. 0 1 Waterford wff____„..... DIGIT WATIR AT LONDON ENIDGI TO-HORROR• AL. ruing ...58 minutes after 3. I Evening ...16 minutes after THE COLOSSEUM. THE Public are respectfully invited to, inspection of this MAGNIFICENT EXI III4I ' . TION in its progress towards Completion. The:SV,..„l consist of a STUPENDOUS PANORAMA of LONIA" taken from the summit of ST. PAUL'S, a SALOON the reception of WORKS of ART, an extensive vani a c T CONSERVATORIES, stocked with the CiIOICE' PLANTS, and a SWISS COTTAGE, &c. &c. Admission ss. each Person from 10 till Dusk frbr 24111. LONDON, TUESDAY EVENING, APRIL 21, 1629. A French Paper, received this morning, states that despatches have been sent to General Gulag' MINOT, the French Ambassador, ordering his retort' to Constantinople. This is probably to act in con• cert with Mr. GORDON, our Ambassador Extraot& nary, for it is evident that prompt measures ous t now be adopted to bring the affairs of the East O. final settlement. Though the Russians and Ter" have an undoubted right to make war upon O eb other as independent states, yet it cannot be u'l' na tained that they have any right to injure the coos' merce and impair the good understanding subsi!t lt° between neutral nations, by persisting in a ge, which cannot be confined within the respeCtile boundaries of the belligerent parties. If Russia ell Turkey are resolved on continuing the war, Enit'W and France are called on by a due regard to Vlp t own interests to adopt such measures as may protect them from the consequenees invariab l V7 - suiting from the nature of such a war as thet which the Russians and Turks are engaged. The contents of the French Journals relate chi & to discussions about the conduct of the Ministrip a n the probability or improbability of CHATEAuDitIO Ds accession to the Cabinet as Minister for Fore i g n Affairs. The Mcssagcr des Chanabrcs quotes a letter from Ancona, stating that movements of importance are taking place among tho combined squadrons in the Mediterranean with reference to the settlement of the Greek Question, and that preparations are 141S° making in the lonian Islands, the garrisons of which have been reinforced. The letter observes, t lll4 " the abode of the French Plenipotentiary, Coung GLILLEMINOT, will doubtless depend on the moot in which the SULTAN and his Divan shall receive the invariable proposals of the three Powers re s tive to Greece, and which now includes, besides an *z' tension of the new state, the form of gov ernme nt. " namely, a constitutional monarchy—which i 5 t° . 116 11 given to it, and the nature of its future relations W it the Ottoman Porte." Accounts from the Banks of the Danube, dates the llth inst., state that a Grand Council of 'B'll - was convoked at Vienna, where all the Genera Chief commanding troops in the Provinces Wert assembled, but the object of the Council w as 1)° known. It had probably some reference to the re' sumption of the war by the Russian!. Madrid Gazettes of the 9th April have been re' ceived; they contain some accounts from Mexico, strongly characterised by party feelings, as wil l be seen by the following sentence :—" The Chief loses an action is beheaded by the enemy, for p ° quarter is given ; and he who gains it is as sassinated by his own troops, that he may not gain power 8 destroy the equilibrium of their insane equality" nania, araitor SI. e IBy the packet from the Havannah , which arrived 11, ' yesterday, we have received letters and journals of the of Cuba, to the 28th Feb., and with them accounts fr various parts of America. The Censor de Vera Cruz, No. 166, contains t hi following article, dated Jan. 29 : " An English brig has arrived here from the coast ?: Guatemala. The Captain, and a passenger named OW, larmo Merino, a native of Guayaquil, have given o, s , most deplorable description of that country. Not o nly States and the people of the same provinces were at t b with each other, but even the different quarters o f . t same cities. There are towns in which each street bt own Government. The Chief who loses an a ction i! headed by the enemy, for no quarter is given ; and he '/ " 0 gains it is assassinated by his own troops, that be IlloYL gain power and destroy the equilibrium of their 113 7: g equality. Colonel Fabrega writes to me, from lierM:''; confirming these statements; and it is the opinion thee that unless a generous hand restores them to Pel ee ,' b t • 1 nation will be destroyed. The lamentable state the country is, obliged Bravo and his compltP' ° 7, return to Guatemala, to put an end to the horror.' civil war." From Vera Cruz we have the following under 4th Feb 10 - h . " Yesterday Santa Ana arrived at Jalapa ritt,,--or troops, and has refused to acknowledge Victoria and r a rero. Colonel Landero has just arrived (3 p. in.) 6 , 0 4) say he has fled from Santa Ana, others that he is in cert wit M h him. " In exico there has been a new revolution. 31°rel r e . de Oca and his troops have taken possession of La l'c"o dada, and the senate has again dissolved Itself. vi ne " FEB. s.—Last night an express arrived with s that the Generalissimo of the Four States (Guerrero) n n appointed Antonia Juile y Moreno to he Military Gev e di r of this place. This post was first offered to Santa Ana' - 0 3 answered that he was used to eat only the heart of water melon. " Perole Tuetla and Cosamaloapana have revolted eg ail ! l M the " Congress. r. O'Gorman, the English Consul-General, has , waited on Victoria, and informed him that the snbJ of his Britannic Majesty would suspend their bu sineest :l close their houses Irons this date ; this step has el° . great sensation among us, especially among the revol te l li , " The emigration continues, and not a sirgle rich pvi a Spaniarg, Foreigner, or Mexican remains, whether the.,, is passed or not, since in the interior there is a coo° "