The Sun. — London, England, 1823-05-07 00:00:00

THE LQNDON JOURNALS. DAILY Batracts from the Morning Papers, May 7. [MOItNING Posy.] The notions of the party which, unfortunately for France, maintains at the present moment an a scendancy in that country, upon the division of powers in a mixed Government, and upon the rights, the principles, and the 'duties, which ought to be kept constantly in view by the popular or representative branch of it, appear indeed to be strangely anomalous and inconsistent. France ties engaged in a war, the cost of ,which must he defrayed of course by the people. A long and intricate negociation has preceded it ; yet the French Minister declares his purpose to withhold from the Representatives of the People all information respeCting that Nego. elation, in the very same speech in which he confesses that We war, and every step on the part of France which has led to it, has been loudly and unanimously arraigned in the only assemblies in Europe where free men can give vent to their undaunted feelings. As if to give the greatest possible prominence to the principle of blind acquiescence, he offered the strongest provocatives to investigation in the same breath in which he refused the documents by which alone investigation could be guided. M. de Chateaubriand dill these things not only with impunity, but with success. Never was Boone- , parte's Senate, or his Representative Assembly, More submissive—never was the submission of either put to a severer test. [Tuc The Proclamation of those Spanish traitors who style themselves a Regency acting on behalf of Ferdinand, shows what the Spaniards have to look to as the consequence of this invasion, should it, unhappily be successful. Eguia and his Col leagues designate, for the objects of the war, the restoration of the old despotism and of the Holy Inquisition, besides the repeal or abolition of every legislative act performed by the Constitu tional Authorities since 18'20, including those laws by which the arbitrary power of the Crown was restrained—the exorbitant wealth of the Monks transferred to the nation—the immediate wants of the State provided for, and the public creditor secured. We shall not stop at present to inquire what must he the effect of such declarations upon the minds of all Spaniards above the level of brutes: Their feel ing towards the invader • is apparent enough by their deserting every town which he threatens to occupy.. But the question which occurs to most men is, how far the French Government ought to be regarded as adopting the views of those delegated tyrants, Eguia and the rest. — The Regents have been installed and recognized by the Mks , of Augoulemo : they are attended by French Guards: they are to be no where found but at the bead-quarters of the invading army: they possess no funds but these which are• remitted to them from Paris. This looks like an Identity of politics—does it not ? But again,had no such Proclamation been issued, we contend that the French Bourbons could have meant no thing less—indeed, that they stated pledged to nothing less—than a complete re-establishment of the despotism in all its horrors. They avow that Ferdinand must be free—must be out of the hands of his oppressed subjects---must be at liberty to grant or to refuse a Constitution to his people—before they, the people, can have any just claim to enjoy one. The Spaniards, by this doctrine, must be for ever slaves, until Ferdi nand shall have become once more .a despot. It is the King of France, in a solemn veva) to his l'arliament, who makes this the condition on which he will permit the Spanish people of 13 millions of souls, to emerge from a tyranny the disgrace,of Europe ; and yet there are men in nocent enough to believe that Louis XVIII., so professing, so engaging, has no object under Heaven bot to facilitate the foundation of a" Con stitutional Government" in Spain! Is there any set of men in the world so very simple as to be lieve there prettnicpa of the French Govern ment ? Yes ; the English Ministers, They— the Duke of Wellington, who had seen nothing in the conduct of Ferdinand, which could lead " to suspect" that " he would hereafter abuse hi 3 power l" and Mi. Canning, whose long ,correspondeite closets Kith that primitive piece .of credulity; that he could 44 not suspect" the King of France;---these an. the 'only persons who believe that King Louis and Chateaubriand 'are going to give, at the point of 100,000 bayonets, a free eonstitution to the Spanish people! [MORNING CIIIIONICI.E.I It has berm industriously circulated by a cer tain person in the City (on 'Change) that nego ciations were going on between the Duke d'An. .gooleme and the Cortes at Seville. This wt can only attribute to a desire to mislead for private purposes, for we believe we may confidently add air contradiction to that. of The Courier on this subject, and say, that at present no negociation -whatever is going on, nor do we conceive any can take place, unless the French Army should be withdrawn, as a preliminary step ; circum `stances, we think, are against such a-proceeding. We ask, why hhould such an enormous a,rmy ofilussians, as well as Ai:Arians, be kept in readiness, if France had not contemplated their aid I and when •we mentioned these facts some' days ago, we were supposed to be fabri. cuing them, New The Courier alludes to these enormous armies, and it is not improbable from the close communication, between the French Government and that Paper that a communica, -tion has been made of their having already marched. We have also heard another report circulated by the same parties in the City (no - :_timrht for the same purposes), viz. that a change of Government had taken place in Spain. This • we also as positively d e ny as the forme). We think we need not caution the public against believing such statements, many of which will be put forth during the ,next month. The t rench ,wait on the Ebro for Moncey's arrival; which we tbink v.ery unceitaut,-and until he can drive Mina info Basinlona, the mountains, or back on Madrid, cannot be looked for. [NEW TIMES.] We cannot agree with acotemporary in re garding the report of n gikiations having been eentered into by the D e - tPAngouleme as alto gether absurd. We ar not now asserting a fact, but we are speaking of a probability ; and in this view it appears to us that our cotemporary errs by confounding the abstract idea of Spain with the personal existence of the individuals at the head of the Revolutionary Government. It would certainly be absurd and inconsitent in Spain to negociate now, if the same Spain had refused to negociate before the French invasion. But there is nothing absurd or inconsistent in one party extricating its country from dangers into which it had been plunged by another party. It was not Spain that rejected the wise and salu tary counsels of the Duke of Wellington ; it was the Jacobin Party at Madrid which acted thus fatally to Spain. We know too little of what has recently passed at Seville, to ascertain whether the Jacobins retain the same influence there as at Madrid. The probability is that they do not. Now, if a more moderate Party has ob tained the ascendancy at Seville, where would be the absurdity or inconsistency of that Party negociating with the Duke d'Angouleme ? • [BRITISH PRESS.] The Mord/Cur of Saturday contains, at grew length, the,speech made by the French Minister Chateaubriand, in the House of Peers. He rose in reply to Count Mole and Baron Barente; and to do the orator but justice, there is some.: what less bombast and misrepresentation in this Composition than in his former false and inflated harangues. This speech is an expo sition of the motives and policy of the French Cabinet in the great question of the war with Spain, and a reply-to.the late speeches made in both Houses of the British Parliament. Chateau briand is an upstart adventarer, u known, re corded tergiversator—formerly a worshipper of the imperial fortunes of Napoleon, whose rising successor he brought water from the Jordan to baptize, and blasphemously compared to an im perial Redeemer! lie has since changed his opinions, and is now the unceasing deifier of the Bourbons. life has been a varied scene of apostacy, and ,imposture. He travelled in America, and published a false and inflated histOry of his wanderings; whole pages are full of his meditations amidst its forests, and his aspirations far from the haunts and abodes of men. lie journeyed through Palestine, and stopped at the brink of the sacred river to supply himself with its waters for the baptismal font, where the son of the then mighty Emperor was to receive, his spiritual regeneration. This twat) , daring writer at one time could do nothing but hymn the glories of the Imperial Conqueror, to praise whom expressions of homage were borrowed applicable to the Deity alone. Now Chateaubriand exhausts panegyric, in its most fulsome strain, in honour of the wretched and imbecile Bourbons. In France, according to this venal adulator, " there is no Monarchy but in the Crown ; it is the Crown 4lone shelters the ariatocracy. Louis, after having restored France liberty, also re stores it glory. A Prince who in the midst of the camp, has become the idol of 100,000 French soldiers, has nothing more. to fear for he, future." Cheteaubriand, to-morrow, if pub ic indignation, drOve . these same Bourbons 'rom the throne of France, would unblushingly turn round, and, if taken into pay, offer up the same homage to their successors. There is no thing too vile, or any change too open, for such an apostate. Yet amid his many falsities and false assertions respecting the insitutions and situation of England, there is also some truth and just reasoning in parts of his speech.bn Eng land. But what must Chateaubriands ignorance be when he talks of " the House of Peers in this country" possessing 44 the greater part of the lands of the kingdom, and that the Elective Chamber or Lower House is but a sort of branch or offset !" According to this arrogant declaimer, ", the democrak spirit is nothing ; a few tumultu ous meetings, which assemble from time to time, in virtue of certain rights of Counties, constitute the whole of what is granted to demo cracy. The people, as in ancient' clients of the high aristocracy, and the support and not the rivals of the nobility." What Must the Cabinet of France be when so senseless and•pervert. ed a declaimer as this is placed at its head, when language so gross and unfounded can be heard and applauded in either Chamber ? •Yet it is such renegadoes and base adulators as this who have urged the present atrocious altack on Spain, and sought with a hundred thousand bayonets to ex. tinguish liberty in that country for ever. When Chateaubriand's false and inflated harangues are ut terly forgotten, and his publications, already re membered only in name, have completely faded from recollection, the present abominable outrage on a brave and free people will be talked of and remembered; and Chuteaubriand and his vile col leagues who planned it, w i ll go down with exe cration attached to their names to all succeeding ivies • LAIORSING HERALD.] It gave us much pleasure to read a short speech of Lord Cliften's which he delivered on Monday, in the Bowie of Lords, on the occasion of presenting a petition from Selby, iu Yorkshire, on the Insolvent Debtors' Art. \Ve will again give that part of his Lordship'3 speech" which struck U 9 • " Ilia Lordshipobserved, that it was absolutely necassamto make some alteration in the law of debtor and creditor. A great part of the evil which now existed arose from thefacility with which ,persons obtained credit. There were many well-dressed dandies going o°lft - town,. and running into debt with trades people ; and lie believed if tho power of arrest was taken away, that no credit' would be given to such persons, and that a great deal of property which was now lost, would be raved:" We quite agree with his Lordship, and hava.no doubt but that the best cure for the foolish general credit which has been, and is now, given in England, would be to do away in tote the Ant i Law of Arrest. There would be then little or no oc easion for an Insolvent Debtors' Act, 'and great number of prisons inight he sold; and the proceeds' applied to the public service. if that inhuman Law of Arrest were done away . with, there would be much less wanton waste on the part of great panthers of people, and men and their families would be much-more secure as to their well-doing in the world, than they are atpresertt ;. trade, tooi in every broch, would be oh a much more solid foundation than it now h. We have often been astonished that Mr. Wilberforce never took up this sub. Jed. He has been for the greater part of his life engaged in an endeavour to prevail on all nations to abolish the cruel system of seizing the people of Africa, and making them slaves. Why then has he not turned his attention to the abolition of the cruel system which is so especially practised in Mr. Wilberforce's own country, of one Christian . seizing another for debt, and shutting hirn up , in a gaol, away from his wife and-children, if he have either the one or the other, or- both ; or, if they join him, it must necessarily be under the dismal alternative of putting up with, and paying dearly for, the miserable accom modation of such Anti-Christian abodes. There is much to be done in England, in the way of amelioration. And we should like to see our Philanthropists set things of an Anti-Christian nature to rights at home, before they interfere with other coun tries for a similar purpose.—We hope Lord Clitilen, and other Noble Lords, will take up this matter; it will be quite as in teresting and important to the public, as any investigations into the Irish Orange system.—We have often wondered, that Sir Francis Burdett jigs not turned his Parliamentary attention to the Anti-Christian law of Arrest.—We should like to see Sir Francis and Mr. Wilberforce attack it in one House, while Lord Clifden, Lord Erskine, and other Noble Lords, were at tacking it in the other House. From the LONDON GAZETTE, 6. BANKRUPTS. W. Broom, Walcot, Somersetshire builder, to surrender May 15, 16, June 1 7, at the White Lion Inn, Bath. Solidi tors Messrs. Jenkins, James, and Abbott, New Inn. GI Weild, Nottingham, draper, May 14, 15, Juno 17, at the King George the Fourth, Nottingham. Solicitors, Messrs. Hurd and Johnson, Temple.F. Fleet, Aylesbury, Buckinghamshire, corn-dealer, May 12, 16, June 17, at the (eorge Inn, Aylesbury. Solicitor, Mr. Baxter, Gray's lan-place. • R. Read, Newcastle-under-Lyme, carp'enter, May 16, 17, June 17; at the Three Tuns, Newcastle-under-Lyme. Solici tors, Messrs. Stocker and Dawson, New Boswell-court, Carey- • street. J, Ansel', Deptford, shoe-maker, May 10, 16, June 17, at the Bankrupts' Court, Basinghall-street. Solicitors, Messrs. Woodward, Overton, and Coombe, Tokenhouse-yard. W. Shaw, Thornhill-Lees, Yorkshire, boat-builder, May 12, 13, June 17, at the Court-house, Leeds. Solicitor, Mr. Battye, Chancery-lan& J. Thompson, Manchester, tea-dealer,. May 19, 26, June 17, at the Albion Hotel, Manchester. Solicitors, Messrs. Adling ten, Gregory, and Faulkner, Bedford-row. J. and J. Alloway, Bedminster, Somersctshire, earthenware dealers, May 20, 21, June 17, at the Talbot Inn, Bristol. SO. licitors, Messrs. Hicks and Braikenridge, Bartlett's-buildings, Holborn. W. Allan, Seething-lane, Tower-street, ,ale-dealer, May 10, 20, June 17, at the Bankrupts' Court,.Basinghall-street. Soli citor, Mr. Van Sandau, Nicholas-lane, Lombard-street. R. Bradley, Bromley, Kent, victualler, May 13, 27, June 17, at the Bankrupts' Court, Basinghall-street. Solicitor, Mr. Baddeley, Leman-striiet, Goodman's-fields. C. Burton, Bristol, grocer, May 19, 20, June 17 at the White Lion Inn, Bristol. Solicitor, Mr. Edmunds, Exchequer-office, Lincoln's-inn. J. Edwards, Elder-street, Nortonfalgate, silk-weaver, May 13, 24, June 17, at the Bankrupts' Court, Basingball-street. Solicitor, Mr. James, Bucklersbury. Roberts and J. de Yrigoyti, 13road-street, stock-brokers, May 10, 17, June 17, at the Bankrupts' Court, Basinghall street. SolicilLir, 111esirs. - Farren,,Scrivenor, and Stuart, King's Arms-yard, Coleman-street. J. and J. Irma!, Chalford, Glocestershire, clothiers, May 22, 23, June 17, at the Spa Rotel, Glocester. Solicitor, 111 r. King, Sergeant's-inn, Eleet-street. DIVIDENDS. May 31, P. Phillips, King-street, Bartholomew-close, met.. chailt.—May 31, T. Mercer, Billinghurst, Sussex, brewer.— May 31, J. Masterman, Hatton-garden, musid-seller.—May 31, U. Grill, Dunster-court, merchant.,--May 31, J. J. Richardson, Fleet-market, fishmonger.--May 31, J. G. Bowring, Fenchurch.buildings, broker. June 3, It. Perkinn Lymington, grocer.—May 28, T. Clarke, Not. tinghant, lace-manufacturer. —June 3, J, Cragg, White haven, ironmonger.—May 31, G. H. Edward*, Craven. street, St. Martin-in-the-fields, wine-merchant. MaY 27, O. Bell, Berviick . upon - Tweed, cooper. May 30, J. Travis Oldham, Lancashire, grocer--May 28, J. Aiottram, Bristol ; hop-merchant—May 28, It. Ilalliley, Lumby, York, sliir4dealer--May 17, it. P. Alvin, Elni.street, gray's-inn lane, ale and table beer breWer—june23, ll'olman,Totnes, Devonshire, ironmonger—May 30, W. Fate, Settle, Yorkshire, cabinet-maker—May 28, E. Jenkins, Picketstone, Glamorgan, shire, miller—May 28, T. Jenkins, Extra Parochial of Lanvi ., then, Glanforganshire, dealer—May 28, J. Billingham, Uttoxetcr, pail-manufacturer—June 6. 11. Laugher, Birming. ham button-maker—May 27, G. Walter Upper-street, Isling ton, linen-diaper. • C,ERTgICATES, MAX 27. W. , Cleghorn, Ratcliffe-highway', cheese monger-:--J. II Hopkins, Liverpool, merchant—J. Cruckshanks, Gerrard , street, Airestminater, eldorado-sash-manufacturer—T. Mere, dith, son., Bishopsgate-street-without, leather-seller—F. Dal. ton, Wakefield, liquor-merchant—B. Hohnes, Thrum-hall Halifax, merchant. I'A.ItTNPRSHIPS DISSOLVED. • ••••••- 111. Schatz and M. F.'Bremer—LE. and. F. London, Walt's- Cross, Kent, Puiford and A. Nichol], St. James's. street, tallors—E. Turner and T. Beech, Stoke-upon-Trent, Staffordslii ue, manufacturers of earthenware—E. and. J. Sheard, Oxford, saddlers—R. E. lieathcote, It. and T. Bent, P. Walt. hall, and J. Caldwell, Shrewsbury, conintOn-brewers—j. worthy and J. Jones, Ifigh,street, Southwark, wine-Merchants —J. Rinimer and E. illackmore, Liverpool; provision-merchants R. Ward, T. Dobb, and. J. Wright, Dronfield, Derbyshire, sugar of lead manufacturers, so far as regard's J. WrightW. Thorny son and C. jay, Gray's-inn-place, Gray's-inn, fluorides—W., I-1., and W. Pointer, Stratford, Easex, timber-merchants.— W. Oritmolt, and J. Ogle; Granby-street, Bethnal-green, rnanu.l facturers of silk--1 - 1: and T. Bowers, Chester, druggists--R. Price and J. Woulrich, Spital-square, silk-manufacturers—P. Williams,. T. Timmins, and W. H. Sparrow, Bilston, iitaf fordshireortinstone:.ware manufacturers—J. F. and 'l'. Wilson, Liverpool, veterinary surgeons—J. Bain and .1. Dickson; Bristol, linendraper—a. Anderson and S. LOwe, Manchester, tailors—FL Murray . and W. Carruthers, Manchester, cotton- spinners —J. Morris, Lawton, and J. Yates, Chance-hall, Cheshire, farmers—R. 31 orrii, "W. Oilniour,' and J. Cuthbert son, Glasgow, merchants, so fir as regards R. Morris—J. Gm. eat and .1. Towns, Manchester, curriers—E. and T. Hemming and T. Johnson, Astwood, Worcestershire, needle-makers, so far as regards T. johnson—E. S. and 'l'. W. Cooper, and J. Pugh, Liverpool, salt-merchants_T. Brown, l'ansor, North amptonshire. and J. Brown, jun., Hunting thinshire; millers. FtttE.--Belweett twelve and one o'clock yes terday morning a fire broke out in the house of Messrs. Pope and Morris,. pawn-brokers, Bedford-place, Commercial-road, which, together with every article of the tilrniture and stock in trade, were totally destroyed. The flames were prevented from exteking any further, A burial society has" lately commenced in the County of Lancaster ; the first printed article of which runs . thus—' Whereas many persons find it very difficult to intro themselves.' AN AWFUL INSTANCE OF SUDDEN DEATIL-011 Tuesday afternoon, Mrs. ANNi; B vvrca, a re spectable widow lady 75 Years of age) who re - : sided at 91, White Lion-street, Clerkenwell, on her property, entered a hackney-coach at her own door for the purpose of going to the Bank to receive a dividend ; just as she took, her seat in the coach" and the servant was in the aft of shutting the door, she fell off the seat apparently lifeless, in that state she. was carried into the house, a surgeon was imaml diately sent for, who opened a vein and tided every necessary means to restore animation, but to no purpose, life was extinct ; she was in re markably good health and spirits on her entering the conch. WARNLNO TO DRUNICARDS. -- Last Saturday evening, as a tradesman was coming down the High-Street, rather toli-l►eavy, he' fell into a basket, containing ten dozen of •' gg ,s, which he totally demolished. With his clothes most shock« inttly besmeared, he was conducted to the police. office, where, for want of bail, he lay until the following Monday, w h en h e was condemned to pay all damages to the incensed egg„-merchant.-- (The Sco(smon.) ROMAN CATHOLICS. Slit HARCOURT LEES. This zealous ;Wd - learned Champion of our PROTESTANT ESTABLISIIMENT in CIIURCII and STATE, we understand, is now in London, and the following is a copy of the RESOLUTIONS of the ST. SAVIOUR'S PROTESTANT UNION pre sented to the Patriotic Baronet on Monday last, at the Royal Hotel, St. James's, by a Deputation of Gentlemen appointed for that purpose. They were received by the worthy Baronet, we are assured, with all the cordiality which must na. turally attend a Deputation so honourable to himself, and to the glorious cause which he has so resolutely supported. rIIOTtiSTANT UNION. " At a numerous Meeting of the Members of this Society, held at the house of Mr. FnEDERTOK WILLIAM CARTER (the Honorary Secretary) in the High-street, in the parish of tit. Saviour, Southwark, in the county of Surrey, on friday, the 2d day of May, 1823; " The Reverend WILLIAM MANN in the Chair ; " Mr. EEDES reported to this Meeting, that he had waited on, the Rev. Sir klaucounT LEES Baronet, who is now in London, and had communicated with him on the nature and objects of this Society; and that Sir HARCOURT was pleased to express his approbation of its proceeding and publications,. and to favour him with a copy of his Petition, presented to the House of Commons, and ordered to be printed, on the 17th of April last; as also to express his readiness to have com plied with, the request of Mr. EEDES, and to have honoured this Committee by his presence, at their next Meeting, and his other pressing engagements, and his short, stay in London, permitted. " The Petition of the Rev. Sir 11Ancount LEES to the House of Commons having been now read, " Resolved unanimously, That 500 copies of this Petition, with Sir HARCOURT'S permission, be printed for the use of this Society. " That tho cordial thanks of this Society are due, and be presented to the Rev. Sir HARCOURT' LEES, Dart. for his strenuous and persevering exertions, amidst the greatest diffi culties, and in the most discouraging circumstances, to main tain the Proteitant ascendancy on the Throne, and the Pro testant interests of the Constitution of these United King doms, in Church and State, against the dangerous claims of Popery. " That the Members of this'Society heartily concur with Sir liancoutyr LEES, in the measures which he has adopted, in order to carry into effect this valuable and important end ; and are desirous to strengthen his hands, and to encourage him in that bold and manly undertaking, which has so signalized him in the sister kingdom, to the utmost 'Went of their means, and by all the influence they possess, or can command, in this me tropolis, and throughout this kingdom. That for this purpose they will be always happy to receive from Sir HARCOURT LEES any communications which he may think proper to make to them, on the subject of the so called Catholic Claims. " That the Rev.. W. 111Axx, the Rev. J. S. SERGROVE 4 Trios. SAUNDERS, Esq. Mr. EEDES. and the Secretary, be a Deputation from this'Committee to wait upon Sir HAfiCOURE LEEsoind, in the most respectful manne4to present to him a Copy of their Resolutions. " MANN, Chairman. " A true copy from the minutes. " F. 'kr. CARTER, HUD. See." LAW INTELLIGENCE. COURT OF CHANCERY, MAY 6. IN TILE MATTER OF 1.0111) PORTSMOUTH. The Lunn Citaxem.tom said, that from what took place in u further cooyersation which he had with the Master respect ing the individual appointed by him (the Master) committee of the Noble Lord's person, he felt it his duty to confirm the appointment. . 111r..Stu.DwELL supposed that .Mr. Coombe, the interim copunittee, would now be discharged. Mr. WETHERELL said-that must depend upon the will of the individual appointed committee. The LORD CHANCELLOR said it must. A PERFEC,TLY NOVEL CASE. iTEPHENS v. JOWL Mr. I,ovATT, agreeable to permission on a forum day..made a motion in this ease to. the following effect bill was brought against the defendant, and on the cause being heard before the Vice-Chancellor, his Honout made a decree in faVour of the defendant; but the plaintitrs Solicitor after wards informed the defendant's Solicitor, 'that it was his in tention to appeal from that decree, and that therefore the' de creeought nut to be tirawn .up ; but, as it were by a side-wind or application, the defendant obtained his Lordship's signa ture to the decree Whilst a petition of appeal' was preparing, and that it was not on 44:wits, but on admissions on both sides, that the Learned Council now moved that the . enrolment of the decree might be vacated. In an anonymous . carte,ln Veaey, sen. it appear's; that Lcird. Hardwick . ° was of .cipinion a.decree might be vacated on the ground of having .got it en rolled by a fraud or surprise. This application was made be fore his. Honour,, but. he thought he was not at liberty to vacate the enrolment, but advised a motion to be made before his Lord- Ship, to know if he Could do it. It was alleged there was a surprise here, because' the patties agreed between themselves on the 6th, and the enrolment was obtained on the 10th of the same Month. • Mr. Ito st LI.Y appeared to oppose this motion, on the ground' first; that the enrolment of the decree' in thisease was regular; and secondly, if it should appear to the Court to be so, then his friend, 111 r. Lovatt,,could name 'no case to shew that he was en. titled to the indulgence of the Court to have the enrolment va cated ; and, thirdly, that,after a decree is pronounced, bothing can prevent the enrolment of it but the entry of a caveat, on the ground - Of appealing' from the decree. Now the Plaintiff had failed to enter a caveat, and. the Learned Council then, in commenting on these points, referred to the practice, as laid down in Harrison's Chancery. .Practice, and also in Newland's Practice, to shew that all decrees must be enrolled before the expiration Of the next Michaelmas or Easter Term after the same decree is pronounced, or that it cannot be enrolled after that without a special application bein_g made to the Court. Ills 1.4611D5111K after having read the admissions, really thought it Might be, fairly said there was a surprise In this Case and if 'Solicitors choose to do such acts without proper authority, t 4 best thing would Into vacate the enrolment, on condition that neither of the Solicitors shall charge their clients one penny of costs. COURT OF KING'S' BENCH, Moor 6. KIND V. J. A. WILLIAMS. This was :an indictment against the defendant for a libel, alleged to have been published by him in a Newspaper in the • City of Durham, entitled the Durham Mucrater, of which he was the Editor. . •It appeared that shortly after the death of the late queen a long article was published by the defendant, in his journal, which tended to throw blame upon the Clergy of the United Kingdom, - and of Durham and its neighbourhood, for their condUct in not tolling the church bells on account of her. Ma jesty's death. On th is ground. the prosecution was instituted. The Jury found a verdict of." fittilty of a Libel on the Clergy of Durham and its neighbourhood," on the first count. that count it was set out, that the defendant had " written:and, published. a libel of and concerning the Clergy . of the United Kingdom, and the Clergy of Durham and its neighbourhood.' Mr. •B no nOttAat had obtained a rule to phew cause ':why' judgment in the cause should not. be arrested, on the ground' that the omission of the words " of and concerning," before "the clergy of Durham," &c. was fatal ; and also that the find. ing of the Jury that the defendant was guilty of 'publishing a 'against "the clergy of Durham and its neighbourhood" was not a sufficient description of the offence to enable the defendant to know against Whofn he was supposed to have written a libel. Mr. ticanf.wr T now sliewed cause. lle considered that the omission of the words " of and concerning" was an unimportant objection. . As to the other point of the finding of the Jtiry being insufficient, he should contend that the contrary. was the case. His Learned Friend had said, that the title of the clergy of Durham and its neighbourbeod was too general, and that some individual must have been pointed out, in order to subject the writer to a prosecution. But he 'would contend; that as they were a particular class of' men, that was quite a aufficient desig, nation.. Instances of this were numerous. Libels on Il is Mai jesty's troops bad frequently been held to he good grounds of p r osecution. ,If a .libel were published against the Judges; surely nnone would say that the libel must mention some par. ticular Judge's' name. If a libel were written on the House, of Commons, must the ,libeller name a particular Member ? If any libelous work accused the Church of a crime, no matter hew enormous, would it be argued that the writer could not he prosecuted unless he had mentioned the name of a particular clergyman ? The libel here applied to the Church as a class, and therefore he subinitted that the present indictment had been properly preferred. • • ' Mr. 'FY - Imam. followed on the game side. Mr. Brio v 6114134 in support of the Rule, said, that however the vii'lgar might construe the words of the.first count of the declaration, yet that wail not therinuiner •• in:which' theyought to be considered in a Court of Law, and by a man of learning. In this case no person skilled in the language of documents of that description would consider that tins was by any means a sufficient description to point out the person whom the writer of the libel intended to defame. He would not say that it was tot an offence against the law, that the Clergy of Durham and its suburbs should be libelled ; yet by the case, as set out in the indictment, it was impossible to fix on the person on whom the stigma contained in the libel was intended to fall. The ground on which he bad obtained the Rule was, that the finding of the Jury was too vague. He peritctly agreed with Mr. Scarlett in the instances to which he had referred, of his Majesty's troops and the Judges. There a prosecution would certainly be authorised, because they were bodies of individuals acknow ledged by the Legislature. But who had ever he ard that the Clergy of Durham and its environs were an acknowledged poll. tical body ? Even in fiscal regulations, which were far more easy, the persons under whose direction they were made were m ore exact, although they were generally formed about five o'clock in the morning. His Learned Fnend had said, a libel on the whole Church was a fit subject of prosecution. Now, in "the whole Church" were included Catholics as well as P r otestants, and therefore that proposition was ill founded. I f indeed it had been a libel on the Ecclaia iiaglicana, or established Church' of the United Kingdom, then that reasoning Might be legiti mate ; but the Jury had decided this to be merely a libel on the • Clergy of Durham and its neighbourhood. How far that might extend, whether three, four, or five miles, was completely un certain. He should, on these grounds, subm it, that the find ing of the Jury was too vague, and therefore,, there was sufficient cause to induce the Court to arrest its Judgment. Mr. ALDERSON followed on the same side. The LORD CHIEF Jurrici.—The Court will take time to consider this case. This COURT OF COMMO N N G 0 PLEAS,U was a qttestion as to the validity of an annuity arising out of the multiplied transactions of the firm of Howard and Gibbs. It was an application to set aside an annuity, grante d , by the defendant, on the ground of noncompliance with tne 4 LD. MAY 6. statutes regulating annuities. The first objection was, that at the time of granting the annuity the plaintiff retained a part of the consideration money, which had, in fact, never been w hi chth e possession, order , or disposition of the defendant, but had been retained in order to satisfy c ertain deman ds due from the defendant, as well as to cover a certain claim of commission agreed to be paid in respect of the negotiation of the ati annu on ity was . It was stated also in the a ffi davits, on which th is a pp lic founded, that the commission thus claimed was illegal on account of usury, the sum demanded and retained being 101. per cent. over and above the sum grantpl by way of annuity for the hi:, terest of the loan. 'The fats stated on the part of the plaint ol were these :—The persons who negociated the loan for whicnbbs, the annuity was granted were Messrs. llo ward and Gi be who had been before concerned in simila r transactions on half of the defendant. On these fernier a nnuities the thee defen , dant wee considentbly in arrest ; and in ord er to pay off i ll arrears, for which they because very importunate, the fendan t agree d to g rant an annuity to the plaintiff; lettd wa s recommended by Gibbs, in order to furnish money. Oible., accompanied by two persons as wiinesses, wentdown to Stroud , where the plaintiff met him, and the stun mentioned as the con , sideration of the deed was put upon the table, and the plane s , having signed the deed, the attesting witnesses left the Toon)! Gibbs then took up the money, and, After stating the dor. c .. required to pay off the arrears of the old annuities and the thats. due for the commission at the rate of lig. per cent., and due for the expences of the journey, retained the amoun t of these sums, and handed over to the defendant only &o. a u.T. if f as remained by way of balance. On the part of the pi 1 1 1 ; _ most of these facts were contradicted by 'Gibbs,. and itch o f attesting witnesses (the other being dear} ) t and it was loaf insisted, that, supposing them to be true, still the _,, could not be ' affected by them, as it was net even pfto u 7: that he was a party to the anangeuients. fle had Pauly ad that ranted the money, and if art ait had been r esin.* a i t__t a :i e time of granting the annuity, such retention had beenl:ls, by Gibbs alone in respect of a private debt due to liM a n d could not therefore affect the interest of the plaintiff t of the The Cou wr were of opinion that Gibbs was the agetion,:ei plaintiff, and bound his principal by his acts. The l . s u", wail therefore void, and the plaintiff must deliver up !..., ot to beoance ll ed i on t h e pa yment of the principal and Id , '" fairly due to him. - --.: HIGH COURT O v ii ii "...A z 3 1/111 ,0 I . R.A.L , T i s ' ht inlet. Thii was a cause of salvage, hilt possess' n g from the northwards very Flig ht .1 est in its details. The vessel, which is valued at 1,300 1 . viss?'_ her voyage to London. on the 6th of December last, whenalll groundea on the. Gunfieet Sands : she worked off,howeyV's, in.; (-alt anchor ; but owing to the state of the wind, which n"... the Samuel; consisting altogeth s e b r e°ll.°::lnverl furiously much danger. In this condition ,ar.d with a signal of distres.i, flying at he ~ . . r masthead ,. she wa s ur d which wags on the tln'wirb—a small vessel of .10 tons b en, . violence look-Out for ships that might be in jeopardy from the Qf'the rdei and was then off Landguard k ort. The cryw,. 04 Mat 6. ' tlimh t Y sr u d:d the!ltti_ were at fi rst very actively employed, imm ediat e ly,_„,, ietiatoy cuts .Juno, and by their direction her cable was unn _ o ,__ i „,,,i in consequence of which she ceased to strike as much as . o . r.°.7 , done. The salvors fi nally,_got her clear off that ground s, D'4 hard, and was 4, in 'working her hack 'to Harwich, the vessel again too k f,;,_ rt e l sa nd lv' ' o l' rs lt w ile ere offered 70/. on behalf of the owner s ' a .. . . 1 reT L I oi t et i n : trni o teiss : e : d : anclDr • offer was - refused, and the Court was now called on to Pr" tion a larger sum in the way of sallage• car d for the DA...rf.t.elriuths:iTtring:alyotilt°'ferand Dr. Dpusow were b claiman ts. . One of the two T ' • Al .J. by whom Ws Lortlib i t„,rt. with . . 0 tinny __asters, .% o f t he .. vt t tee' on this occasion delivered the judgment _, t hat the Otowainitganwytihoengseurdilto.den tervieei. —asters had retired, d i , tich d c ' His 11Iajesty's All CA then acqu ii d r Pressed. received of iris sister's death his Lordship fonno "i" — foe di*" Gott t was mere , missed, , , Ara lasts for the Ovinervo , . 4i/Ottsts OF hX“tirtNut;, May ti• 0 .. c.F, • A nibtel dam ......... . . - .... 11 1 .• wa ti vi n :loi n d .n, t'd:i.Pasneitnt,rib:tdeztiltiPoetlonicfairwtitceehticnuithe°srlitt a , nn'tidostatilclpirelr°l3npestediare,rt°,olarrin,lllll;:altra.iciba;iff(.),or.ll:t a:tilos,' fir Ditto, at Sight .................. 12 , Rotterdam .... . ........................ 12 1 1 Antwerp ********************** 15 11 44 11 ....................... 29 6 . Vl' Attune. . .. . ............... e, ii thi. Paris 3 1) - .' * ...... . ....... . ad 4$ 9 0 °ti * 4 ) 4 bigot ...... p.a._.................. ~•,,, i g . L. ....... • ......... T. , " 0 IJI. liourdeaux, ditto .., .. . ............. 2 ° 15 lone/ Frank fort oli t I M ' ................... .. Lg ' 6 • 4 )e att3 • 1 59 itirecl , ' Minitid .......... .• • ~i , .., ... • • .36 gilecli' Cadiz ........... .. • 66 00 'lithos ...... , ................. ~ gore . ,se, ........ . .. . .. Barcelona Seville ' ........... sin lbratta. ....... • ............... 2° l Lighbrn ... ' .......... '. ' ....... 46 . .... 10 1 3 ° 0 ' 14 .•• • • ..... 48 —Venice, Jtal.Liv. 211 salvoesi I.llnrdilitiwsci eh, Wilts A 45 ----Naples .......... I jet . Palermo ... il4 1 ..... _ , Lisbon ................. , . D., oporto ... . ....... . . 411 ... . ............. Ilio,latieiro .. , .t 5 ilublio ,;.'.. 9i ' .... ........... ; ... c e nt. vOrn ...... 9: pet IaubLION• ( Pl r()I. Portugal Gold, i n Coin .................. , ►- 'Foreign Gold, 111 Bars .................... 3 I ; 0 N N t ew w 1t0 t u d i i ? , , , , , 01 . ) .................. . . • . 3 ( / 1 1 9 04 ................... sil vrr in II arc. •,‘, attrlargi ......... • ... • • • , a t he ill ItT . „..gardsbir , On Saturday last, at Swinnerton Park, D.' ~ . L E 44 lo o:i n t o ic t t l fh i t ac e S l i c li t i l l i g ct n i t w si rt an a j . e n t t l, Y a is t t lie k : si ll ii :d g b y t i on s o , f d :%:C e llll : ciA :: .l olp : A i ssl s. le : l l:;: e,i :j : t ;; . 1 t ai ly A 0 Es+ Chief Officer of the lion. CompanY daughter. rix A ul g ge A st ir d ly au G g a h s t t e le, r of A t n hl. .. __ . , AIAItItIF.D. 1, h :..1001 eff,ftili ,c 6 : , ,,,' On Saturday John Wedderburn, Esgus'oth Scotland,• °Lat; tielen --trol'oi On Tuesd ' ~ti'• V iatlic^ Alt. 4 o ton, 6 Alb' ay, the 6th, At Islington Church, ~ I , „h . latcf.loll 6, „stan-plaee, to Sarah, third daugliol. I:te,`aned sister °n to thepreont ' Garrett,r; p., Nwington Grecn : ________....„_- . t 141F.D. 0 , 5c 0t , `sister of the ~.,.. Lord Chancellor and Lord Stowel.s .„...,,,; o f tifr last, at Newcaade-upon.,Type, Mrl4 la,„".:1 the . !d instant, Lieut... Colonel Thonnt t0.:.:,`,J. , --Su Mariam; late Governor of Van Dielneo i if4'i,", iurbe. Border, Tu e sday morning, Illay_fl, siiiidellYt. ~' ~ I , of , ',tin's-road aged 27 ... A f tin O i 6()i 011 Saturday, ~-1 , . '. ...e 3d instant, in. tiottan4l4---, eff),,,,cara. Year of his age, J. 'W. Cox, FA. of the colony °---...libilis Pritited .---d -- —7 - --", ---- --------,---::.iii,o,-- an Pubbthed fothe Purora. Otiise,.No, In, Strand, !:,), J. lt• VA, l4 , s,l ; ir: r . ~~~