The Sun. — London, England, 1823-12-01 00:00:00

SPAIN. The Madrid Restaurador of the 18th ult. con tains the following article :-- __________ CoRUNNA, Nov. 5. " My friend, your fears were not vain; fbr three nights past 'the French troops have been under arms, because it appears that there has been" an intention to strike a blow, before the or -rival-of the regiments who have orders to return here. 'We mint not deceive ourselves—the army must be disbanded, for these people are fit for nothing ; the knaves labour, and their .audacity arises from their improvidence. There Are some who think themselves completely in safety, and who do not see that we walk on a volcano , ; 'at least here, for in the interior there are not so many malefactors. What afflicts us is, that no po -1 ice is established." MONDONADo,Nov.4.-,—There have been found, its a desert island, near Vigo, 3,000 muskets, and some accoutrements, all under ground.. We be lieve this is not the only depot 'the Liberals have left in these deserted islands for new plans of in !,rtreection. The Inquisition, a Police, and Au thorities, have decided in favour of the King-- 1,1'4 is what is necessary to save us. .. 'GREECE. VartrC>e, Nov. I.4.—Authentic..news from the lonian Isles announce, that the Pacha of Scutari 'has, een completely beaten in his last attempt on Missolonghi. He had penetrated with a body of Turks and Albanians, whose chiefs he had brought over, into the mountains of Etolia, where he was attacked on all sides, by Constantine Bozzaris, Lepaniotes, Macrys, and other Greek. Chiefs. The Turks lost•the greater part of their artillery and stores, and a considerable number of killed and wounded. Two divisions laid down their arms; the remainder of the army went to Arta and Janina. The Paella is said to have gone to Scutari to drive out the Montene grins, who have got possession of that part of his province.---(Gazette of Nuremberg.) AMEILICAN PAPERS. New York Papers to the 9th ult. were received , yesterda y at the New England Coffee-house. 'We subjoin extracts:— FROM VERA CRUZ. ICICTRAET OF A LETTER FROM AN orriczn IN THE MEXI CAN SERVICE TOIIIS BROTHER IN WASIIINCITON,DATED VNKA CRUZ, OCTOBER 7TII AND BTII, By the American schooner Camilla, I' forward you a short detail of the recent change of affairs here. On the 2.lth ult, the Castle of St. Juan de Mort opened its batteries on this city ; and the Spanish Commissioners are, in consequence, or dered to quit the country. The circumstance which produCed this sudden commencement of hostilities is simply this: the Commissioners were et Jalapa negociating with General Victoria, General Lamour, commandant of the Castle, for some .cause unknown to us, took possession of a small island on the east end a the harbour (Sacraficios), in a hostile attitude. The - Governor of the city ordered the gates immediately to be closed against the Castle, and cut off its usual supply of fresh provi. ..aions. Gen. Lamour, seeing that war must commence if some, change did not take place, gave up the island, and requested the gates to be 'opened. But the fatal blow was struck. An express bad been in the mean time dispatched to General Victoria at Jalapa, who told the Commissioners, that as Lamour had violated the armistice, he would have no thing inore to do with them, and ordered them to leave the country. They were as much displeased with the conduct of Ileum' Lamour as the Mexicans ; and therefore, instead of going into the Castle, they have gone to Alvaredo, and are wait ind'an opportunity to sail for Spain. Frequent flaga of truce were acct from tits Castle to the city on the 23d, 24th, and 26th, to endeavour to get the gates open, but to no purpose. The people wouldilisten to nothing, and eventually the General sent word, that if the gates were not immediately opened, he would open his batteries and destroy the city. The Governor replied, that he might do as be pleased, and that he should have gun for gan. Accordingly, on the 26th, at half-past 12 p. m. his fire Prornenced, and the inhabitants had only a few hours to leave the city. It was truly distressing to see women and children running amidst showers of shot and shells. Some few, I be lieve were killedin,attempting to escape. Nothing is now to be seen but soldiers walking the streets, sad occasionally a few mules entering the city to curry sway pods. The city is considerably injured, but not so much as al might be expected ; however, before the cannonade entirely :+u a des,iithinkitwill be destroyed—not altogether deniolished, but so much so, that the houses will be uninhabited for some ivaith of time. The house in which I and several others have our quarters, was 80 much injured by bombs last night, that we were under the necessity of leaving it to-day. But few have bent killed on our side. What loss the Castle has sustained, I am unalilato say. Before things are adjusted, I fear we shall him warm work. We expect several additional mortars and cannon in a few few days for batteries. 1 shall then take command of one. Among our wounded is the Commandant of artillery, and also lonel of archery.--( National Intelligencer.) Isitlyr Vona, Nov. 0.---11avannalt papers state that the Cattle of St. Juan de Unita has in deposit one million of dol- Urth and 700 horse loads of grain. Up to the 25th of Septem ber, GOO bombs had been discharged into it, all but 25 of which fell into the ditch, and only one man was killed. fnosi PERIL—The following intelligence from Peru, was received at Norfolk, by way of Panama and Jamaica:— The Royalist troops under theOenerals Canter= and I.4o;erne, evalt;tittietil,iina in August, previous to which they not only levied a contribution of 300,000 dollars on the inhabitants, as mated in form ,r aceounts, but burnt the mint, also the elegant dwelling nt' Ott xliarrl als Torrestaglis, with four other houses. th,:: nit,t d tor Upper Peru, and the whole of their armr is red t to be about 14,009 men. Bat the Hu Liberator, General Bolivar, had arrived from quay ;Ant was occupied In sending off from Lima 4-2 'he combined independent army under the I o vita) General Santa Cruz, and the Comm -1,-, who had alreqy with them nearly 12,000 Inarciti»g to attack the Spaniards. one, of so late a date as the 11th of Sep. nee the Colombians and. Peruvians have to gO on well; and as General Bolivar g the embarkation of troops to join the he Spanish unzip there is considered in ;it ! Many of the best informed per contest al drawing to a close. The dispatched a fast sailing vessel front 11 an account of the state of laths in iet when Bolivar quitted Guayaquil," that we di bred a late account which not pros: ;ii d to Peru his presence of incalcui;die value, and we doubt the war in net highly important see -(110417noe retkral Gazelle.) troops to COMlllo,tid c Man Gene men, and iv A letter f umber, uy , joined, this, le at Lima army in Up, rather 4 MO W.P1114 hare et tnert Lima for Er the Pacific. It win be t s tateti, that li there, in mitel not but he wi tiara of South FOR. THE SUN. MR. EDITOR—To " enter the lists " with one who has had the address to wheedle himself into even the maims of the Cabinet of NAPOLEON ! ! would be, to say nothing of the presumption, fighting against such fearful odds, that I must beg leave to decline the honour of such a con test.—" Would you have me sit down and reply to GOLDSMITH'," remarks on my " anecdote ?" that is impossible, for the best of reasons ; that he speaks of a Monsieur "Rochelle," another would:be assassin, according to his own state: ment ! A person with whom I have never had the most distant acquaintance, nay, not even to know him by name ! therefore here our contest must end with this remark, that I am not at all stir: prised the secret historian took special care not to touch upon the addenda to my letter; and am, Sir, your obedient servant, 'Wolaeley, 211th. C. WOLSE LE Y. • See " Napoleon in Exile," page 466, vol. 1. THE ARMY. The 23d (Royal Welch Fusileers) will arrive at Fermoy from Dublin, the 3d of December, on its route to Cork, for the purpose of embarking on board the William Harris, Fanny, Indian Trader, and Prince of Orange, trans ports,for Gibraltar. The 75th Regiment of Foot, now stationed at Gibraltar, has received orders, on the arrival of the 23d Fusilers at t garri son, to embark on board the aforesaid transports, in order to be conveyed to Portsmouth. Two companies of the 73d Regiment of Infantry, now sta tioned at Edinburgh, and two companies belonging to the sante corps, now quartered ut Glasgow, have received orders to march, the former i'rom Edinburgh on the 3d, and the latter from Glasgow on the 4th of December, for Portpatrick, where they are to arrive on the 11th and 12th of the same month, on their route to Ireland. •, On the arrival of the 17th Regiment of Foot at Hull, the remaining four companies of the 73d Regiment, have received orders to proceed forthwith to Portpatrick, on their route to Ireland. PROMOTIONS.-."-- War Office, Nov. 28, 1823. 7th Regiment of Dragoon Guards—Lieutenant Henry Solly Hodges, from half-pay Bth Light Dragoons, to be Lieutenant, vice - Thomas Armstrong, who exchanges, receiving the dif ference. _ 14th Regiment of Light Dragoons.—Ensign George Rooke, from half-pay 59th root, to he Cornet, vice Horatio Ross, who exchanges, receiving the difference. Ist or Grenadier Regiment of Foot Guards—Lieutenant-Co lonel John George 'Woodford to be Mapr, with the rank of Colonel, by purchase, vice West, who retires; Captain James Lindsay to be Captain and Lieutenant-Colonel, by purchase, vice Woodford ; Lieutenant Ferrars Loftus to be Lieutenant and Captain, by purchase, vice Lindsay. To be Ensigns and Lieutenants by purchase—Frederick Clinton, Gent. vice Lyster, promoted; Richard William Astell, Gent. vice Loftus. Ist Regiment of Foot—Lieutenant Charles Eyre to be Cap tain, by purchase, vice Masse, who retires ; Ensign James Stoyte to be Lieutenant, by purchase, vice Eyre; Ewen Mac-. pherson, Gent. to be Ensign, by purchase, vice Stoyte. 20th ditto—Paypiaster Wm. Campbell, from the 24th Foot, to be Paymaster, vice Tovey ; who exchanges. 23d Ditto—Capt. Sainuel Faulkner, from half-pay 01st Foot, to be Captain, vice John Charles Smith, who exchanges; Se cond Lieutenant and Adjutant Hugh Plunket Bourchier to have the rank of First Lieutenant. 24th Ditto—Lieut. William Patrick Baird, from half-pay 48th Foot, to be Lieutenant, vice Thomas Parker Bainbridge, who exchanges, receiving the difference ; Paymaster Alexander Tovey, from the 20th Foot to be Paymaster, vice Campbell, . who exchanges. 28th Ditto—Ferdinand Phelps, Gent. to be Enitign, without purchase, vice Slacke, appointed to the 32d. Foot. , 32d Ditto—Ensign Stewart Mackay to be Lieutenant, with out purchroig, vice Stuart, deceased ; Ensign Arthur Gray Slacke, from the 28th Foot, to be Ensign, vice Mackay. 33d Ditto—Surgeon William Thomas M.D. from half.pay 37th Foot,. to he Surgeon, vice Gerald Fitzgerald, whose ap pointment has not taken place. 35th Ditto—bieut..lasper Hall, from the Coldstream Foot Guards, to be Capt. by purchase, vice Rutherford, who retires. 37th Ditto—Second Lieut. Evan Bane Fraser, from half pay 2d Ceylon Regiment, to be Ensign, vice Robert Newton Lee, who exchanges, receiving the difference. 47th Ditto—Lieut. John Pasley to be Captain, by purchase, vice Keay'', whose promotion has not taken place $ Lieut. Samuel Kerr, from half-pay 60th Foot, to be Lieutenant, vice Edward Michell, who exchanges. 112t1 Ditto—Ensign William Leeke to be Lieutenant, by nor chase, vice Scoones, promoted: Henry Anderson Morshead, Gent, to be Ensign, by purchase, vice Lecke. 53d Ditto---Lieut. Thomas Butler, from lialf-pay Coldstream Guards, to be Lieutenant, vice Joseph Hutchinson, who ex changes, receiving the difference. 60th Ditto—Daniel Freer, Gent. to be Ensign, without pur chase, vice Michel, appointed to the 64th Foot. 63d Ditto—Quartermaster James Dukes, from half-pay late Bahama Garrison Company, to be Quartermaster, vice Peter Fox_, who retires upon half-pay. 64th Ditto—Ensign John Browne to be Lieutenant, without purchase, vice Bowra, deceased; Ensign John Michel, from the 60th Foot, to be Ensign, vice Browne. 65th Ditto—Surgeon William Pinkstan O'Reilly, from half pay 21.1 Foot, to be Surgeon, vice William Bohan, who ex changes. 71st Ditto—Surgeon James Barlow, from half-pay 62d Foot, to be Surgeon, vice Arthur Stewart, who exchanges. 84th Ditto—Lieutenant Herbert Vaughan to be Captain, by Surchase, vice Cruise, promoted; Ensign Sampson Stawell eely to be Lieutenant, purchase, vice Vaughan. To be Ensigns . —Robert John Bulmer, gent. by purchase, vice Sealy; Ensign Augustus Chas. Skynner, from half-pay 10th Foot, vice Porter Broome Francois Charles Gilliess, who exchanges, receiving the difference. 87th Ditto—Lieut. Frederick O'Flaherty, from the half-pay 32d Foot, to be Dieutenant, vice Clemente, appointed to the 2d 'West India Regiment. 93d Ditto—Ensign Hon. Henry Sutton Fane, from half-pay 23d Foot, to be Ensign, vice Charles Halkett raigie, who ex changes. 2el %Vest India Regiment , —Lieut. Frederick Clements, from the 87th Foot, to be Lieutenant, vice Stopford, who retires upon lialf-pay.32d Foot. Cape Corps (Cavalry)—Alex. Macdonald, gent. to be Cornet, by purchase, vice Jervis,.who retires. Ist Royal , Veteran Battalion-:-Cornet William Augustus Riddell Maxwell,. from half-pay Cavalry Staff Corps, to be Ensign, vice John Mackay, placed on the Retired List. 2d Royal Veteran Battalion.—To be Lieutenants--Lieu tenant Sylvester Newman Ilemsworth, from half-pay 1011 a Foot; Lieutenant David Dickson, from half-pay 25th Foot, vice Bell, who whose appointment has not taken place, 3d Royal Veteran Battalion—Captain Robert Hall, from half-pay Independent Companies, to be Captain, repaying the difference he received on exchanging to half-pay. To be Lieutenants--Lieutenant William Saunders, from half-pay Rifle Brigade ; Lieutenant William Bell, from half pay 2d Garrison Battalion, vice. Dickson, whose appointment has not taken place ; Lieutenant Robinson Sadleir t from half pay . Ist, or Grenadier Foot Guards, repaying the difference lie received on exchanging to half-pay. To be Ensign—Ensign Emile Ross from half-pay Sicilian egiinent. Eh/ATTACH ED.—Lieutenant Edward Scoones, from the 62d Foot, tube Captain of a Company, by purchase, vice Skelton, who retires. 110SVITA.L Sraar.—Assistant-Surgeon Thomas Putnam Macabe, M.D. from half-pay Rine Brigade, to be Assistant- Surgeon to the Forces, vice John Hutchison, whose appoint ment has not taken place. MORANDU It. The exchange between Ensign Youg, of the 17th Foot, and Ensign Farewell, of the 31st Foot, has been antedated to 31st August, 1823. Commissions signed by the Lord Lieutenant and High Steward of the Stewartry of Kirkcudbright. Major Robert Campbell to be Deputy Lieutenant. Kirkcudbright and Wigtownshire Regiment of Militia.-- RandolPh Lord harpies to be Captain, vice Munden, deceased. Kirkcudbright Corps of Gentlemen Yeomanry Cavalry..— Alexander James Stewart the younger to be Captain, vice Murray, resigned ; Charles Warner Dunbar Thomson, Gent., to be Lieutenant, vice Stewart, promoted. THE ROYAL NAVY. PORTSMOUTH, SATURDAY, Nov.29.—OUMOn.. day his Majesty's brig Redpole, 10, Captain Anderson, arrived at the Motherbank, from three years' service in the Mediterra nean, having been relieved by the Columbine, 18, Hon. Cap tain Abbott. She left Malta On the 18th, and Naples on the 29th October, Genoa.the 7th, and Gibraltar the 13th November. The Rochefort, 00, with Vice-Admiral Sir Graham Moore's flag, was at Malta, waiting to be relieved by the Revenge, 78, Vice-Admiral Sir Harry Neale, G.C.8., from Lisbon. The Columbine, was alsolying at Malta. The Cambrian, 4tl, Capt. Hamilton, C. 8., had gone to Smyrna, to convoy down the fruit ships for the season ; on her return, she would sail for Eng.. land, the execution of her services being to be transferred to the Sybille, Captain S. J. Pullen. Lieut. Scott, of the Cambrian, had been promoted .to the rank of the Commander, and ap pointed to the Dispatch; Lieutenant Pearce, of the Rose, was appointed First Lieutenant of the Cambrian; and Mr. It. Hay had been promoted a Lieutenant of the Rose. The Redpole left the Falcon brig at Gibraltar, waiting for a mail ; and she passed two line of battle ships (supposed to be the Ganges and Superb) on the I lth instant. She sailed on Thursday for Ply mouth, to be paid off: Yesterday arrived the Snap surveying -vessel, Lieutenant Bullock, from St. John's, Newfoundland, in twenty-one days, leaving there the Sir Francis Drake, guard-ship, (Vice Admi ral and Governor Sir Charles Hamilton, Bart.) Ranger, 20, Captain P. Fisher; Egeria, 28, Captain S. Roberts, C. 8., and the Pelter, 10, Lieut. Curry ; , the Clinker, Lieut. Eager, had gone to Berine, to winter, and the Pandora, 18, Capt. William Gordon, with a mail to Halifax, whence she was to proceed to England. The Egeria is to winter at St. John's, and the Pelter at Harbour Grace. We are gratified in hearing, that the fishing-season (that principal source of wealth and comfort to the inhabitants of Newfoundland), had been gene rally very good; the only deficiency was in the Seal Fishery; which was not so abundant as in the two preceding seasons. The weather had been unfavourable for drying the fish, and consequently, there will be a larger proportion of wet fish exported this season. The Snap spoke the Clyde, of Glasgow, for Glasgow, in Lon. 30. 19. W., Lat. 47. 14. N. all well. Letters received here from Jamaica, dated 13th of October, state that the Hyperion frigate Capt. G. F. Rich, was so sickly, that it was necessary to land her crew at the Capstan House, in Port Royal, in order to fumigate the ship. It does not appear, however, that any lives had been lost. The ship, on getting ready for sea, was to go to Vera Cruz for specie. The Forte, Sir Thos. Cochrane, and the Ringdove, Captain Rich, captured on the 19th Sept., and sent into Surinam, the French brig L'Eyre, of 298 tons, with 350 slaves on board, from the coast of Africa. On Monday last the Itrussar frigate, Capt. George Harris, C.U. arrived from Plymouth, bringing the Hon. Admiral Sir Alexander Inglis Cochrane, 0.C.8. Commander-in-Chief at Plymouth; his Secretary, J. Edye l Esq. Capt. T. Dundee, of the Bulwark, and several other witnesses required on Captain Harris's Court-Martial. On Thursday the Antelope, Lieut. Hire, fitted for a convict depot, arrived from Chatham ; and the Dutch brig of war, Courier, Capt. Lucas, from Flushing, bound to the Mediterra nean. The Antelope will sail for Bermuda when the wind is fair, with 300 convicts to be employed in the new naval works carrying on there. Six officers and 100 privates of the Royal Marines are emblirlced in her for that duty. On Thursday the Victor, 18, Capt. Pnekett, sailed for Ply mouth and the coast of Africa.—Lieutenant-Colonel Nicolls, Governor of Ascension, Lieutenant Campbell, it. M., an d 16 privates, for that island, are gone out in her, to relieve the garrison. Remain at Spithead—Hussar, Glasgow, Jasper, Antelope, Calliope, Snap, and the Dutch brig Courier. Captain Lucius Hardyman is appointed to the Ocean, 80, guardahip at'Plyrnontli ; Captain Win. Elliott, C. 11., to the Lively, fitting at Chatham Mr the West Indies : Capt. Chads, to the Arachne, lining at this port fur Foreign Service ; Lieut. Edward Jennings, to the Plover, and Lieut. James Crosshy, to the. Cygnet, biting at this port for the Packet Service i Limit, J. CI. tioodinir,' to thtt'Altren, vice Crosby; Lieutenants Ben nett and Keele, Mr. Alex. Whyte, Surgom, (late of the Ganges) and Mr, Grills, Purser, to the Aracline ; Lieut. Cock and Mr. E. Johnston, Surgeon, to the Lively; Lieut. John Church, to the Phaeton, ve Cock ; Lieut. Charles Fraser, late in command of the Mermaid cutter, and Lieut. W. P. Hamil ton, late first Lieutenant of the Topaze, are promoted to the rank of Commander.'_ _ The Tweed, 20, at this port, HI to be fitted for Commission and the Channel Service. _ Naval preparations continue in our arsenals, and more espe cially of our largest ships. The St. Vincent, of 120 guns, is fitting at this port with extraordinary haste ; a great many shipwrights are empl.lrecl upon her, and it is expected she will c a r r y a tiag.—(Plvmuuth Journal. ) COURT MARTIAL ON CAPT, HARRIS. PORTSMOUTH Nov. 29.—Yesterday the Court Marti a l on Capt. OxoltoE IlAnnts, C.B. of his Majesty's frigate Hus sar, commenced on board the Queen Charlotte, in this harbour, on charges reproduced against him by the Lords of the Ad miralty, for delay, in not equipping his ship for the reception of, and sailing with, his Excellency Sir EDWARD THORNTON, K.C.8., appointed Ambassador at the Court of Li s b on . The JUDGE ADVOCATE having opened the Court, it was intimated as the wish of the President and Members that no detail of the proceedings of the Court should be made public through the Public Papers, until sentence had been pronounced. We feel ourselves, therefore, only at liberty to state, that the Court were occupied the whole of the day in examining the Hon. Sir A. Cochrane, and the Signal-man of the Flag-ship at Plymouth, when the Prosecution closed.. In the course of the examination of the gallant and venerable Admiral, Captain Harris called upon him to produce the official letter from the Lords of time Admiralty, which contained the censure under which he (Captain Harris) conceived himself to be now impro. perly suffering. Sir Alexander, on producing the letter, addres sed the Court at considerable length, and with evident wound ed feelings, stating, that the letter called for, contained more reprimands than one and he conceived and , had hoped his rank and the long services he had rendered his King and Country would have shielded him from any thing like censure for want of zeal in that service to which he had ever been de voted ; but, as the Lords of the Admiralty had thought him blameable, and had so expressed themselves, his sense of hi). nour and what was due to his character would not permit him not to demand an opportunity of vindicating his conduct, and he had, therefore, immediately requested that a Court Marti a l might be held on him. The Lords of the Admiralty had re fused to comply with his request, but the publicity which this day's proceedings would give the document, would induce him again to urge his request upon their Lordships. The prosecution having been closed, 8 letter from the Right Hon. George Canning was read, in which he stated the incon venience that would aese to liimeelf, and die probable injury t o the public service, if he should be obliged to attend the Court personally, as an evidence on Captain Harris's defence, and accompanying his letter with an attested copy of his former evi dence, to be entered on the minutes. Captain Harris expressed his readitiess to admit this document ; but the Court thought fit to deliberate upon the proposition, and, after an hour's con. imitation, they declared that such evidence was inadmissable, and that the Right Hon. Gentleman must be present to be ex amined by the Court. SECOND DAY.—.This morning, at half.past ten o'clock, Captain Hares entered upon hie defence, previous to which Admiral Sir A. Cochrane put a paper into Court, containing the Addretis he yesterday verbally deliVered to the Court, Which was read, and entered upon the minutes.—Captain Harris was full an hour reading his defence, which gave a clear and manly account of his proceedings, from the period of his departure from Portsmouth to Plymouth, to take on hoard Sir Edward Thorton and suite, until his landing at Lisbon. Comtuissioner Shield, of Plymouth Dock-yard, proved the repairs and fitments done to the Moser, and the zeal Captain Harris manifested during their progress to get his ship r e/e lk—Joseph Whitby,. Esq. In vector of the Plymouth Breakwater, proved that every fa cility had been afforded,' and expedition used, in embarking Sir Edward Thornton. ,J. W.' Grolier, Esq. Secretary of the Admiralty, was the last witness examined. hits evidence went to show, that the Admiralty Board hail been actuated it their proceedings by a sense, of duty, to evince to the Go vernment that every exerti o n hail been made by their depart ment to beaten the departore of the Ambassador; ,informatian of whose delay had reached the Admiralty, with a surmise that it was owing to the ship not being ready. Mr. C. read a l e t ter from Sir E. Thornton, taking upon himself all the blame of not having sailed from Plymouth earlier. The Courtadjourried at half-past five until Monday morning, when the Right Hon, G. Canning, W. Turner, Ri. of the Embassy at Liebon, and Captain T. Dundas, of the B ulwark, will be examined. The proceedings are expected to be closed on that day. LAW INTELLIGENCE. COURT OF KING'S BENCH . , Nov. 19. The Loan CHIEF JUSTICE Sat at Nigi Prizes, and tried several common jury causes, which were entirely destitute of interest. COURT OF COMMON ,rLEAS,'Nov. 29. NISI PRIUg. Three hours this morning have been occupied on an alleged assault by one Irishman, a dealer in milk, on another, a pub lican. The Jury found for the defendant. HIGH COURT OF DELEGATES, Nov. 29. [Before Mr. Barron Gannow, Mr. Justice BEST, and others, the Judges Delegates.] LIABILITY OF PERSONAL PROPERTY. TO BE • ASSESSED TO CHURCH RATES. MILLED. V. BLOOMFIELD AND SLADE. This cause, which was of considerable importance, involving as It did the question of the liability of personal property to be assessed to the repairs of chur c h es , came b e f ore the Delegates on an appeal from the judgment of the Official of the peculiar and exempt jurisdiction of Great Canford and Poole, in the county of Dorset. The case was originally instituted in that Court by the Churchwardens of the parish of St. James, in the town and county of the 'town of Poole, (Messrs. Bloomfield and Slade,) against Richard Miller, a parishioner and inhabitant of that parish, for the recovery of a church ra t e , un d er th e f o ll ow i ng circumstances : On the 21st December, 1821, a Vestry was held in St. James's parish, pursuant to a public notice, at which it was resolved that a church rate of 3s. in the pound should be assessed on the inhabitants and occupiers, which rate was ordered to be made " agreeably to the then existing poor's rate, and accord ing to the usual mode of making the church rate in the said parish." In conformity to that resolution, Mr. Miller was as sessed as follows : viz.— For a Tenement . Malthouse Brewhouse, &c. Stock in Trade -3 6 0 6 00 -4 1 0 Total - £l3 7 0 To that assessment Mr. Miller objected, on the ground that stock in trade was not liable to the payment of church rives. The allegation, stating the facts above-mentioned, being ad. milted to proof by the Judge of the Court below, decided,, in effect, that stock in trade was liable ; and against that decision Mr. Miller appealed to this Court; and on the 19th of June, 1823, the appeal came on to be heard before the whole Com mission of Delegates in Serjeant's Inn, when Dr. SWABEY, counsel for the appellant, contended that, by the general rule of law, the repairs of the church were payable by the inhabitants in respect of their real estateoind that per. sonal property was no way liable thereto; but lands and tene ments only were liable to be rated, and that the equality of this mode of rating was a strong argument in its favour; and he cited Lindwood, and the Resolutions of Thirteen Civilians in Godolphin's Repertorium, the first article of which is, " Every inhabitant dwelling within the parish is to be charged accord ing to his ability, whether in land or living within the same parish, or for his goods there ; that is to say, for the best of them, but not for both." The Learned Counsel, however, did not contend that these Resolutions were made by authority, but that they , were derived from the law of some of the Roman provinces. 11e challenged the Counsel on the other side to state any case in support of the present rate, and concluded that it was manifestly against the law of the land. Dr. LUSIIINGTON and Mr. TI DAL further contended that the respondents, in order to maintain the present rate, should have pleaded a special custom, considering the present case an exception to the general law of the land, and that not having so }leaded it, the rate must be quashed. Dr. Psi ILLIMORE, on the part of the respondents, maintained that it was not necessary to rely on a special custom to support the right, conceiving the general rule of law to be in favour of it, that personal property was clearly , liable to repairs of the church, as well as real property. The Learned Counsel took an enlarged view of the principles, as laid down in the earliest Canons and writers to the present time. He particularly, relied on the Canon of the year 1018, from " Lanabard's I!:ighp , Laws of King Canute," which says " ad refectionem ecelesits debet onmis populus secundum le em subvenire ;" and the " Provincial Constitution of Archbishop Grey," in 1250, which expressly states, " that the inhabitants are to pay for the re pairs of the ornaments, according to their condition. " The same law is found in Lindwood's Constitution, book 3, title 28. Sir Simon Degge (page 82) says, " the repairs shall be at the charge of the parishioners anti land holder:4," which chews other persons were liable to the repairs be +ides landholders. 'With respect to the Resolu tions of the 13 Civilians ' lie contended they were of no autho rity ; but if they were, their 6th : article was in support of the present rate, for it says, "he is to be taxed according to his wealth." He further insisted upon the analpgy of the princi. plea upon which the Courts of Law have proceeded in making personal property liable to the poor rates • contending that the word " ability' in the Statute of Elizabeth for maintaining the poor was not .stronger than the language of all the autho. rides, both civil and common law, upon the subject of main taining the church. The case of the King v. White (4 Term Reports, 771), which arose in the town of Poole, settled the question as to the liability of personal property to the poor rates ; and he contended, that the arguments in that case ap plied with equal force to church rates. The convenience of the rule in support of the rate was evident, as it prevented a double assessment, the value of the property being in this case taken from the poor-rate books. Upon the whole, he contend. ed the law was clearly in favour of the present rate. Dr. JESSE ADAMS, in a very , elaborate and ingeious argu ment, contended, that the authorities in " Ougliton's Ordo Judiciorum," imp. 827, 365, 350, and 348, fully justified the mode of pleading this rate; and the precedents there cited being for the recovery of church rates assessed on personal as well as real property, were authorities in support of the law now contended for. One of the precedents was for a rate for repairs and ornaments of a church, in these words : " Juxta et pro rata bonorum et terranun, et facultatum suarum lad die tam parochiam," He further maintained, that the whole reve nues of the church,excepting tydies,were originally derived from personal property alone (Bacon,p. 22), but that in more modern times the repairs of the fabric of the church became a charge also on the land. Dr. Wood, in his Institutes, p. 154, (front Coke's Inst. 489, and 2 Mod. 222), says " the personal estates of the inhabitants are chargeable for every thing that cannot be rerred to the fabric of the church, or the repairs of the church. yard, or other matters which concern freehold." He further cited John of Athon, and Lindwood, as the most ancient and best of the English canonists. The words of the latter of them, as taken out of the former, are, " Unusquisque parochianus tenetur ad reparationeni ecclesise juxta portionem terra, quam possidet infra parochiam et secundum numerum animalium qua, tenet et untrit ibidem." And also the Constitution of Arch bishop Stratford, 1342, ordains that parishioners shall pay for the repairs and ornaments of the church, according to the quan tity of their possessions and revenues, in these words , " Con sideratis possessionem et redituum injusmodi quantitatibus con tribuere teneantur." The Learned Counsel also read passages from the common law writers, Gibson, Watson, and Diegge, and cited some modern determinations in this Court, not immediately deciding upon the point in question , but which where suits in the reco ver y o f c h urc h rates, assessedi on per. Ilona' as well a s r ea l p ro p ert y, b ut i n which no objection had been taken as to the liability of the personal property to be rated, viz. Freggelton v. Hubbald, in 1669, Williams and Smith v. Ash, Cuthbert v. Simmonds, Woodward v. Make peace and Ladbrooke, reported in 1 salkeld, 184 ; the Church wardens of Louth, in Lincolnshire, v. Atkins, and t h e Church.. wardens of Boston v . NVebly die two last cases being from trewz - l u d trading towns, w ere i ns i ste d upon as directly in point. The uningoft to the d l d aw res a s n t d ile practice eour to o n f th maste same m o e f Learned Couns e l co nt en d e d t h at these cases were conclusive upon the point in question, anti that a determi nat i on to the con the trading and commercial to wns i n t h e ki ngdom. Air. N be To an x was unsettling about side, but the Court intimat e d, t h at t h e arguments and the cas cited by Dr. Phillimorc a nd D r . Jesse. Adams were strop on the that they would wish to h ear w h at the Counsel sosix° si 'd other e could say , in reply to them, as their opinions at present we re i n favour of the course he (M r . T aunton) would wish them to adopt. Whereupon—. Dr. SWABEY merely stated, that in those eases the • point now at issue not having been immediately before the Court, they were not strictly authorities, and that they were not late deter nsinations. Ile also c it e d a maimsc ript note of u case to the contrary. The Judges then took time to deliberate, after whi c h t h e Register read the or d er o f the Court, that the decree of the Court below be affirmed;" pronouncing Mr. Miller, and consequently finding against th e a p pea l o f valid. y the rate on stock m tra d e Subsequently to the proceedings above detailed was given in on the part of Mr. i an allegation ob jection to time rate assessed upon him,er' propounding, in rate was not made (according to the that the said church the vestry) agreeably to the then terms of t ime resolution of parish, for that the _ ien present poor -rate for the said parishioners and parish, who are the owners and the inhabitante of the said then of 24 tons register each and proprietors of ships of the asses sedbur- for the same to the poo ' upwards, are rated and be rated and assessed for th r s rate, and are wholly omitted to said parish ;" " that the Ina same to the church-rate for the he said parish has not been unif eof 1.:. 11111.414 the churc h -rate within ant times ;" ships, st oc k • orm, but has varied at differ funds or otherwise at inter m tred!, and money in the public CU, other times not rated thereto being sometimes rated, and at ; a n d thst several persons dwell. i c ag hn w re i h th r i a n te t , h an e laid d ss p es aris et h i , ef a :tne th k e ttnimteraodfe nt making therein, werethe lid rated and assessed e ithe r to th e poor's rate or to the sal church rate fur th e same , an d t h a t ot hers were altogether onu t. ted to be rated a nd assesse d to e i t h er of the said rates. A n ' nexed to this allegation were two exhibits, containing, I st' list of owners o f vessels who were assessed to the poor but not to the ch urc h rate , i n respect of those vessels ; an d, 24 _, a list of person s p ossesse d as stock in trade, who who were net rated either to the poor's rate or to the church rate. The our having been assigned fur information on the admission o f above-mentioned allegation and exhibition, came on to beliean! rd this day, when Dr. SWABEY, shortly referring_to the former proceedtng! and pleadings, prayed the Judges Delegates to admit the sao allegations and exhibits to proof. Dr. Pm LLIK ORE Was p rocee di ng t o argue against the admix' lion, when r. Justice BEST said, there was one Point which ' fili • cig, , him, which he thou g ht th e Learned Counsel - would find it thi ficult to get over. Before Lord • Ellenborouge's time,, on an appeal against eithe r a poor's rate or a church tate , if it tints shown that any property liable to the rate had beenom itt be assessed, the rate was at once quashed and a new rate arr,, dered to be m a d e . Th e l aw, however, respecting the tt.,, rate had since then been altered, and when any person an t ed to a rate on a ccount of property that was liable having u.'" omitted, he was required to give notice of his intention to peal on that ground not only to the churchwardens, bu t to tn .: parties holding the prop ert y which had been omitted in the as' sessment ; and to bring his appeal before the Quarter Ses sien l which bad the po wer to amen d t h e rate. B ut t h e law resPec ing church r a t e rema i ne d untouc h e d , an d stoo d exactly as tt omited to be rated, it seemed to him that the only did before ; if, therefore, any property . that was liable had been be, to send them back again to make the rate in a props manner. , hel Dr. Pau.u's c oaE said, that although the terms of fileir were, that the rate should be made agreeably to the then,, L ee ; sent poor rate, they were not bound by those terms to in every particular the assessment to the poor rate, but met were to follow the scale of assessment which had been ader ea in the books of the poor's rate, and to make the church rate according to the usual mode of making the church within the palish . The allegation itself went on to shear, that shivping had not always been rated. bet. Air. Justice BEST..--Don't you think it would be much, e ter and less expensive to all parties, instead of fighting "as points on the pleadings, if you were to go back and make honest and proper rate ? ‘Ve have already decided, that,,per sonal proper!), is liable to this rate; if, therefore, any Por" ' • of that description has been admitted, it is much the better 1 to go and make a new rate, including fairly and billiards* the property that is liable." It was then agreed, after some consultation between the P g .!: ties and Counsel on both sides, that the allegation and eslbi" should be admitted, striking out some passages in the forul t i j . which seemed to imply a doubt whether stock in trade course wou., ships were liable to the rate ; thus, in effect, deciding that e ve '' species of personal property w i t hi n the parish is liable ,„, r. the repairs and ornaments of the church, as well as to ' poor's rate. THE LATE MURDER. llERTrorth, Nov. 30.—There is very little ( i f interest to communicate respecting the unhappy inmates of the county gaol ; indeed very little remains to be said until the,' shall have been put upon their trials, and much of that which has been said would have been better spared. Thurtell, Hunt, and Probert attended the performance e t. Divine Service in the Prison Chapel this morning-- 1 err° tranquil and decent in their demeanour; but Probert conducted himself with particular reverence, attention, and decorum• is a good deal altered, but, although grave in his apPesm nes ': riot so much depressed as the Public h a v e been led to His Solicitor, Mr. Williams, has not been here to.daY. the exchange that has lately:taken place between the cells of 1' ri9ber ; and Thurtell remains yet unaccounted for—it May be nier a precautionary step; but from what I have heard , it w°.l: 1 i 0 seem to indicate some degree of suspicion that Th nortell nt speculated upon the means of hi s esca p e . In' "p aruent, occupied by Probert, is almost n t th e entra nce Will i° the n. trrior wall of the prison, from which, If esc a pe were at all ritc• ticabie, it would certainly be more easy than from t h e OW 0 which he is at present confined. The moat cautious stre n g e. ments for security arc still observed ; three 'persons or° COn• stantly with each of the three prisoners, two being dwar4 on the watch. Another person, as a sentinel, is _ incess antly w 3l k • ing round the prison ; and these, it will be remembered' Are in addition to the ordinary number of turnkeys and keeper s * Hunt, who appeared to be overwhelmed by the f irst jutima• tion that he would be put /upon his trial, has reco vered sole portion of resolution. Mr. !f armer was to see him Yee rrd , s ri c . Thurtell shed tears on Friday when remons t r ating ad d Sheriff upon the exhibition of hi mse lf an d his fellow-1)1W° to the witnesses on Friday. s d Jury The Bills of Indi c tm en t w ill b e sent b e f o re the ass on Thursday, and are ex p ec t e d to b e f oun d by It is understood that no postponement Is likely to take place. are The arrangements made by the High Sheriff for the Lr t coul d admirable and complete; they embrace every thing tha t could be suggested either ,for the accommodation of the Pere °Th.. : enlel n if business or curiosity may attract hither dazing .ther e b y Assizes or for their security. An application has been k, it the High Sheriff, at the suggestion of Mr. Justice rar „,_ iice is said, for a number of officers from each of the London T o Offices, as a considerable influx of metrop o litan thieves 0 : 0 0 0. doubt take place upon this occasion. Other W rin g ° , I to s getio , meats, to which it would be unfair more partie tlisral T ogs' have been also determined upon ; indeed in the wsi P tion nothing remains to be done. Friday reem s Gatur• TimmAs TituarELL's BANKRIIPTCYP--: the day „being appointed for the bankrupt's final Court of Commissioners was crowded to excess, by f ant °I ty which any thing connected with die transactions 1 , 100 , o r the brothers at present excites. At one o'clock , th e a No pointed for this meeting, AI-. Wontner, the Govern that the gate, entered the Court. Our readers already know ' 0 on! Bankrupt has been for some tim imrisoned in Ne w g li ennil''' bill of indictment found •• e • nandothers, for or der against him An to racy to defraud the County Fire Insurance Ow ee ipnwe r b. from the Commissioners bad been served on Ale• ' o f ru bring the bankrupt before nn. for the rote xci eael'e-0 nutting to his final examinatioMr. Wontrinr, to the Court, informed the Commissioners that be the ininr,*t advice on the matter of their summons, to bring I s i t ntig°, l rapt, and was advised that he could not obey ll ',; r e As su , rt tl possibly subject him to penalties ; he at the sow liei Coot'l4, the Commissioners, that if they would adjurn r their, 110; 4 Newgate, every accommodation should be e'el',l:` ) ,, tri ndit i e/I v i r. ing it, and examining the bankrupt there. The declined adjourning the Court to Newgate, hut to lO4 Wontner that the bankrupt, by not appeal in 1 ° 94 ; amination on that day, became guilty of ? il k nOti llg ; ja exam in i n e n c e n i l in t ol d : r il they suggested to him whether he (Mr. Vir.), 111 ' 14 4 . 4 fel en 'e serious responsibility by causing an act wive' ) 'Y — O2 OO the bankrupt, merely because he was at present in 0200 Cont'Poo charge for a misdemeanor. Mr. Hewit stated t° cis i° l it co o l n ido etbli vioners, tint: the assignees considered the blinkrlP, „ i d tha..,. the County Fire Insurance Office ways just clatali once du was their duty to enforce it; and they were in termined to procure his liberty by giving :he charge under which lie is at present confini• • 10 °C. The trial of Madame Boursier, the ° lei ° n c P a u a a m s t r . e i d s o e o i n f nr eTctpheloaleitiisroindianyg. helrnhtnhsebcaentidr,seeoortheeneniii; was adjourne lv t ' l oe . ad tee, the Greek KOSTOLO With the grey id effrontery thath l e time, that he had no ii Oil; r" h er ' 00 material stated d facts were elicited in addition i re „,„ ~,,, The v. !ion. Mr. BROWN, brother of the 'OO ll w cc em o do u l n lie' t iirs atilrnroeiruPardphyPeegr ri;veiandit.--ciiiiiin:gc9lll.llll4ollfit 1 % . EN_MARK, who was missing after the attc_i‘orrir the Dublin mail coach for Cork, lins sinci ed tafely at Cork,—( Waterford Mirror)