The Sun. — London, England, 1823-12-22 00:00:00

Vc-i ) i' N,'lti e r 4 '\.. , i k t , , * ' oei ts. , „ xr,,or ,„„:„. i#. , .. , - . .. i v ,„,, ~.. -,-4;,,,5„0.-", 't urn) .).1.1: r". 7 v›. - ' cl, » \....'‘' 4' 4 ';. . . , 4 . 111/4 , ' . ~ , i k . . \ A N , 0 r , . --. , il, f 1 41)a. ' k ) !:' ~-, i . -..- . ' -1.3.3, ,f L. _,,„. • .. ..... o . ~,-9..,.., . ..„.... , t „.„. . . . , . . .14 '' t. ,„ 4, . 4 , - i -, ~, _ '''' 4\ 4Pilbir ' '1 2.1 10 ;'), - . 4 : ::, e4,."`' 8U N. . „ .. . ~, „ ~,,, , .(lo , ;(,.14.1 '.ir ._ -0, h ~-1.,,, , ,, 6 it ~, , ir ~,,,„ ~,, ei---, aio '-'• 1„ I, ) ,..,T . ' I ~.,~ X'Y a, ~. MIA NUMBER 9775. MONDAY, DECEMBER 22, 1823. , r r ! ~ ~~; ~.~~ ka...., ~a THOMAS DUKE . OF NEWCASLTE. PRlcr, SrA-rasrrrixat. senor applying for his ?on-In-lave to succeed the King of Spain. "Is the man drunk or mad ? wlndre are your dispatches?" vociferated his Grace, hastily draWing aside the curtains of the bed ; when, ibsteair of a Royal courier, he recog;. nixed the fat, good4mmoured countenance of his friend from Cornwall, making low bows, with hat in hand, amf " 'loping my Lord would not for get the gracious promise .he was so good as to make in favour of rni 'son-in-law at the late election." Vexed at so untimely an' interruption, and dis appointed Of his important dispatches from Spain, the Duke frowned fora few ..koonds : but chagrin soon gave way to mirth at so singular and ridi culous a combination of apposite circumstances, and he-sunk on the bed 'lTlrvioleutt lit of laughter, to the entire discomfiture aud confusion of the pliant and obsequious farmer s who very probably began to conjecture that Lords and Dukes Were not in the habit of trstifyin g their profound re spect at the sight of their friends which lie thought consistent with their nobility of 'deportment. Ho - wever, though his Grace could not manage to place the son of his old acquaintance on the throne of his Catholic Majesty the King of Spain, he advanced him to a post which some persons might consider not less honourable—be made him an exciseman. NEW LONDON BRIDGE.—GUILD , HALL, LONDON, .sth Dec. 1823.—Whereas by an Act of Parliament made and passed in the fourth year , of the Align, of his present Majesty, entitled " An Act for the Rebuild• ins of London Bridge, and for Improving and Making suita ble Approaches thereto," the Mayor, Aldermen, and Commens of the City of London, in Common Council assembled, are au. thorised, empowered, and directed, without delay, to Erect and Build, or cause to be Erected and Built, a New Bridge across til e River Thames in manner therein particularly mentioned ; and the said Mayor, Aldermen, and Commons, are, thereby authorised and empowered to appoint one or more Coin reittee. or ComMittees to carry the said Act iota execution : And whereas it is in and by the said Act, amongst other things, enacted, that previous to the making of any ContiaCt for the Performance of any of the Works to be performed by virtue or in pursuance of the said Act, Notice shall be given in some of the Daily Newspapers that such Committee intend to make abeh' Contract, and that all Persons willing to engage therein Make Proposals t o t h e sa id C o mmittee at a cer t ain time rind place in every such Notice to be specified .—Now, there fore, the Committee appointed by the said Mayor, Aldermen, • abd Commons of the City' of London, in Common Council assembled, to carry the said Act into execution, do hereby, Pursuant to the said Act, give Notice; that they intend to make Contract for building such Bridge ; and that all Persons will ing% to engage therein may make Proposals to the said Com rnittee who will MEET at Guildhall on TUESDAY the 27th 4 Y of'January next, at One o'Clock in the Afternoon precisely, to receive the same. Further .information may be obtained at my Office any day (Sundays excepted), between the hours of Ten and Three. H. WOODTHORPE, Jun. .Clerk of the said Committe. This nay was published, I n 1 "0., price 91. in boards, with a flap of the River Gancess TOUR through the UPPER PROVINCES , IinkIDOSTAN, comprising a period between the Mrs 1804 and 1814, with Remarks and Authentic Anec dote „-I; to which i s e nacted, a Guide up the River Ganges. Printed for C. and J. Rivington, St. Paul's Church-yard, and iVaterloo-plact BLUE COAT SCHOOL. ON account of tho beautiful Penmanship which the late Mr. GEORGE ROBINSON acquired 411 Christ's Hospital. he was for some years engaged to write t he Addresses which accompanied the Presents made. du the late eventful , by the PATRIOTIC FUND socarry, to the 'victorious Defenders of Britain when in cir cumstances which called for every stimulus to bravery. His talents as a commercial clerk to Mr. MACDONALD, of .Broad. street Buildings, and as a Teacher of the Use of the Globes, promised him a competent income: but at the age of only 25 he died of apoplexy, which seized him when, apparently, in full health. He left a Widow and a Son wholly unprovided for. The former has maintained herself and sun by needle work for nine years, but she has so weakened her eyes that she fears that she shall lose her sight. With this sad prospect, her son weighs the more heaVily on her. mind. Her anxious desire is to go t h e r Son i n t o the BLUE COAT SCHOOL, that he may emulate his late father by an education, which she is not, and which she fears that she never shall be able, otherwise, to obtain for him : and if some Governor will be pleased to corn. Vassionate her Case, and, by a presentation,. become, thus, a zlt . :her to her fatherles s s on , s h e w ill rece i ve the kindness with a ,tutle which, perhaps, only a widow, so afflicted, could feel. th e ,letence is requested to .P. Weisforci, Esq. Secreta r y , at rytitt ntriutic Fund Office, No. 45, Lothbury ; to Joseph Mar lr ' .41f. P. Great Georg . e-street, or Lawrence Pountney e, Cannon-stre e t. to R. H Marten, Esq. Plaistow, Essex, ` ) , lzi No. 40 , Commercial Sale Roams, Mincing-lane; Mr. . I ne Finsbury-place ; or to the Widow, who lodges ;No e 're Park2street, Grosvenor-square. CHILBLAINS. WHEN there is a predisposition to these an jp„„ noying affections, the eay application of the CA• OPODELDOO will prev rl ent their occurrence or ) reakili g , 7The Cej ernst O podeldoc has also been long highly esteemed 1;n, the ontinent, as a remedy for Chronic Rheumatism. 4 ' 8 7, Spasmodic Affections, Stiffness, and Enlargement of I le lcs i"ts, Sprains, and 13ruises.—Where Chilblains are t : r ' i telt, the Chilblain Ceres, from its emolient and healing L t ,l e rtieii.ls attended with the utmost. advantage. It is also utUwith great success in cases of Scals, Burns, Eruptions, lcers, especially in Sore and Ulce ra ted Legs. ) e . in !Units a n d Boxes, at Is. lid. and 25. 94, by But. .810.1 Chemists 4, Cheap s id e , St. Paul's, and 00, Regent- C,!!t, (near th b e Argyle Rooms), L on d on ; W a t t r l oo• p I a ce, Nl u eiii" ritil 3 Sackeille•street., Dublin : and hy tbe principal NCAne venders throughout the Kingdom. ask for "Butlers' Cajeptit Opodeldoc • ' To T. TAYLOR, Esq. t 7 New - 'd e-itreet, London. , ou D Sin isleave • , BEG toiAfOriii you that ever Since the *i a m". 17 90, I had been afflicted with the I,ties Venere al, pr . ,li!froin it's obstinately resisting every course of inedifone " n bed 11 the most eminent of the faculty here, andap -trzoi„ Soh "g se veralserere coorses of salirit'zion, fiad twice 'h tt/eked from the Hospital with little relief, would 'Appear to a t t the Iniast inveterate vulture. In tl:c 'prim; .if last year siisord er had got to such a head, as nearly to put 'a period ,i,,ll4exlstence-1 had a large uker on the crown of my head, e an each urns, and inv l ef ts were broke out in a frightful q t th ler ; my right was dieadfullv'painful, and had been in a ulceration for the last vs;ren years; my left had also t aie - "rge nodes on it, was very mu c h discoloured, and gave 4 .4lifi excruciating' pain, particularly when warm in bed, early iii'dtiprive me of rest ; is this lamentable state, I 4.'ltleervirnendetl' by Mr. .1. 'Thompson, (wh o received• so a cure by the m h e r e ), to take' volus-Leake's Patent to tt ,, e h began t o d o on th e 26th o. May ; in . the coin se of P ill s , a iq,lvtielit I began to receive benefit—in little Inure than a ,:,tt the ulcers on my head a n d a r m s were sou ndl healed— e Mi tt, the sores on m y l egs , h ea l e d a l so ; leav i ng, how :kw!: caisiderablediscoltiuration in thirikm, and pain in the longbf the left, which, by.the bleiging of Goil, anti a little the"„Peiseverance in your invaluable Medicine, subsided.; n"es dis p ersing, the skin regaining its natural hue, and y 4 ;', 'l,o.efuriffil pains gradually going eff.—l thai became, by 114.:11thital,adViee and medicine, perfectly free from . all my stto: r „ ca mplaints—have recovered my former spirits and toi ni t(gis and ant become jolly and fat, in whi c h st a t e haeleg i llae4 Many months, to the astonishment o f a ll w h o k ne w b e ; a% Ytin terms a loss in what terg to express toy gratitude, but V i a t for th e good of other suffering mortals, to snake C on case as public as possible, as I shall on every ace& court you will greatly oblige, grateful, obedient, very !nimbi eserrant. Stvaes • ALEX. MURRELL , - "nse. High-street, Edinburgh. • ‘Vitriesses tonic, above Cure:- 11 4 l eson) No. 3, New Poultry Market, Edinburgh, p le ahn *Nosh, Old Assetubly Close, Edinburgh. LoL t f ared and sold by the sole Proprietor, THOMAS TAY. traber of the Royal College of Surgeons, at his asta. 9, New Bridge-street, London; whine, after nrcsiderice Of more than 49 years in a practice part itkiij.ilirectud to the cure of Venereal year, and those 4 44,4" 1 , ta thel'arts of Generation, with that inviolable c ",_; wl hit'b men of his profession should always observe in • ttatte 7 ' t 's he flatters hiniself th deice and assistance i t 4141 )' ado • e ' a d• • linisters to persons taking this Me ICIRC, 14t hinoT e ed ) hi a discerning Public, as an advattege seldom ap veld of all ambiguity. Al i t ..." . I.aY his appointreent,for the convenience of those "" s tal'iye at the Tsg N 109 0 turd-street; I°-11-11 1.h is r b i, rd ugh - B, ' No. 7, r. Baxter, 4 4 Ni I tinl ' on ur i t n , t E e dieb n ; Mi. Callwel.'s, Dublin; and of. *4 s t rq 4d, it. L ._ ry considerable town in Groat. IVritain and 1 , * 4 fun % . ft u d "...e;_r !only Rs : Od. each, stamps / 4 . 4nd sealed up, clireettons, whereby persons, of either talltnevlres with east, speed, 'mesh and safetr• In the'Memoirs of THOMAS HOLLES PELHAM, Duke of NEWCASTLE, of the reign of George 1. and Privy Councillor of George 11. a curious story is preserved in a note, which is thus intro duced and narrated:— A laughable story was circulated during the Duke of Newcastle's adminstration, and has been handed down in various periodicals of the day, which, with whatever scepticism the reader may be disposed to regard it, is two amusing to be passed over in silence. 1 t carries with it all events, the appearance of probability, and we shall therefore relate it. At the election of a borough in Cornwall, where the Ministerial and Opposition iuterests were so equally poised that a single vote was of the utmost importance, a person not expected to give his suffrage in favour of the Aristocratical side of the question, suddenly altered his mind, and by his apostacy turned the tide of affairs completely to .the satisfation of the Duke, whose friend and dependent was elected, and the con test put an end to by the possessor of the casting vote. In the warmth of gratitude for aid so gratuitous and unexpected, the Duke poured forth many acknowledgments and professions of friendship in the ear of the vacilating constituent, and frequently begged to be informed in what manner he could serve him, and how he could repay an obligation he was pleased to acknow ledge so important. The happy voter, who was a farmer and petty landholder hi the neighbour hood, thanked the Duke cordially for his kind ness, and told him 'that ", the Supervisor of Ex, else was old and infirm, and if he would have the goodness to recommend his son-in-law to the Cominiisioners in case of the• old min's deatri, he should think himself and his family bound to render Government every assistance in their power on any future occasion." 66 My dear friend, why do you ask for such a trifling employment ?" exclaimed his Grace ; your relation shall have it at a word, speaking the moment it is vacant." " But how shall I get admitted to you, my Lard ? for in London I understand it is a very difficult business to get a sight of you great folk, though you ar e so kind and complais an t to us in the country," 44 The instant the man dies," replied the Premier, used to, and prepared for the freedoms of a contested election, " the moment he dies, set out post haste for London ; drive directly to my house, by day or night, sleeping or waking, ill or well ; thunder at the door ; I will leave word with my porter to shew you up stairs directly, and the employ ment shall be disposed of according to your wishes without fail." The parties separated, and it is probable the Duke of Newcastle in a very few hours forgot there was such a worthy as the Cornish voter in existence. Not so with the place-anticipating elector; his memory, cumbered with a less per plexing variety of objects than the Duke's turned out to be the most retentive of the two. The Supervisor yielded in a few months after to that most insatiable and scrutinising of all gaugers, death ; and the ministerial partisan, relying on the word of the Peer, was conveyed to London by the mail, and having ascended the steps of a large house (now divided into three) at the corner of the Great Queen -street, Lincoln's Inn " thundeted at the doorl" It should in this place be premised, that pre. cisely at the moment when the expectations of a considerable part of a borough in Cornwall were excited by the death of a Supervisor, no less a person than the King of Spain was expected hourly to depart ; an event in which.all Europe, but more especiallY.Great Britain, was materially interested. The` Duke 'of Newcastle, on the very night that the proprietor of the decisive vote was at his door, had sat up, anxiously expecting dispatches from Madrid ; wearied, however, by official bu siness, he retired to rest, having previously'given instructions to his porter not to go to bed, as he expected every minute a messenger with advices of the greatest importance, and desired that he might be shown up stairs the moment of his ar rival. His Grace had just fallen asleep, when the loud rap of his friend from Cotnwall Saluted his ear, and elrectually dispelled his slumbers. s To the firstmtnition of 44 IS the Duke at home ?" (it wai'lwo o'clock in the mornitig) the porter answered,' " Yes, and in bed ; but bias left particular orders that come when you will you are to go up to him directly." "GO for ever bless him, a worthy and honest gentleman," exclaimed the mediator for the vacant supervi sorship, smiling and nodding with Approbation at a Prime Minister's so accurately keeping his promise. 44 How punctual his Grace, is ; I knew he would not deceive me ; let me hear no more of Lords and Dukes not keeping their words— I verily believe they are honest as well as other folk." Repeating these words as he strider! up the stairs, the burgess of Cornwall was ushered into the Duke's bedchambr. 46 Is he dead ?" inquired his Grace, rubbing his eyes, and scarcely awaked from dreaming or the King of Spain, "Is he dead?" " Yes, my Lord," replied the eager expectant, delighted to find that the election promise Was so fresh in the Minister's recollection. " When did he die ?" " The day before yesterday, exactly at half-past one o'clock, after being confined three weeks to his bed, and taking a pow?. qf doctor's stuff ; and •I hope your Grace will be as good as your word, and let my son-in-law succeed him!" The Duke, by this time perfectly awake ) , was staggered at the impossibility of receiving intelli, gence from Madrid in so short a space of time, and perplexed at the absurdity of a King's mes- LAW INTELLTGENCE. COURT OF CHANCERY, DEC. 20. DEL PONT V. DE TAITET. The LOAD CLIANCELLOII, in the course of the two previous days of hearing, had signified his displeasure at the readiness of.Pounsel in signing bills of exception on account of imperti nence. This was a case of a foreign merchant who remitted :doubloons to the bankrupt, the value of which he afterwards claimed of the estate. There were some Spanish letters touch ing the4ransaction, which were set forth in the bill, by trans.. lating them into English; and it was alleged that they were " to the purpose and intent and in the words and figures fol lowing." The bill was referred, for impertinence, and the Master, among other parts, struck out " in the words and figures following." The plaintiff excepte d the 'Master's re port before the Vice-Chancellor, who approved of some of the exceptions, but not of others, which th e M aster h a d a ll owed. The defendant now appealott to the Lord Chancellor, and the result of all this was , t h a t th e cause had been delayed for eighteen months, only to argue the propriety of two or three expressions which might have been left out. As Lord Thur. low had once said, the forms of the Court were very well cal culated to do justice to all parties, if they were not abused and turned to oppression. That he said in the great cause of the Earl of Lonsdale v. Blount, in which the late Earl took a fancy to having an estate for 14,0001. which was well worth 40,0001., and had recourse to every shift and stratagem which the forms of process would admit, in order to compel a specific per formance. His Lordship had the honour to be Counsel to Mr. Blount for several years. Mr. Blount at the end of the time was surprised to see how little money Counsel took out of the costs compared with the expences of solicitors, and was anxious to make him a present over and above his feel', which ended In a pot of char. His Lordship thought that the present pro. ceedings, witch had cost between 40/. and 604, might have been spared, and confirmed the judgment of the Vice-Chan cellor. COURT-or ritNeti, Rue. 20. THE PERUVIAN LOAN. atietivit v. Lvrifirrr kern OTHERS. This action was brought by Mr. Kinder, the contractor for the Peruvian Loan, against Messrs. Everett, Walker, and Co., bankers, to recover two stuns of 5,6661. Ills. 7 d., and 70,0004, for which he had drawn checks on th e m, and hich they had refused to'pay. Mr. Bitovonisr (with Whom were Mr. PAHaE and Mr. At DXnsosr) stated the case on b e h a lf o f the plaintiff, who complained thftt the de6ridants, bankers In the city, had un justifiably detained a large sum of money paid into their kanda. Mr. Kinder, a merchant of ,the highest character, h a d b een the general agent t o the P:nuyinn - Government, and that Go vernment, wishing to raise a loan of 6,000,000 of dollars, or 1,200,0001 skrlirig, he contracted with their envoys in Lon. don, Messrs. Paroissien and Gerdes, to raise that sum. In the year • he requested the defendants, whom he had previously employed as his bankers, to open a separate ac count, headed " Peruvian Loan Accotint,' for the purpose of keeping diatinct the monies received! and paid in reference to diet transaction. t..'onsiderable sums of money were paid in, and some were drawn out on this account; and at the present time there was remaining a balance of 6,6301. Ills. 7d. in favour of Mr. Kinder, for which he had drawn the first check, which the bankers refused to pay, and which Ile now sought to recover. After some tune he directed them to open another account, h ee d ed, " State of Peru—Thomas Kinder, jun. agent," but withoUt clueing the other, or wry ing over the balance . ; to this ac count l arge mums , rece i ved as subseriptinns on the loan, were placed ; and on the other hand, cheeks of the plaintiff were duly honoured ; and on this account arose the balance of 70,0004 which also the defendants thought proper to ivithhold.- As the first instalments on the loan were received, it became matter of discussion in whet way the funds thus realized should be placed at the diapoeal of the Porurien Government ; and it was arranged between the Envoys, .Mr. Kinder, and the defendants, that a Gentleman named Proctor should be sent to South America; that lie should there obtuin money from such persons as might wish to remit cash to Ellg. land, giving bills `to them drawn on Mr. Kinder ; that he should pay over the money raised by the bills to the Govern: . merit; and that the sums in the hands of Messrs. Walker and COmpany ahoUld be applied in taking up the bills so drawn.— Mr. Proctor departed on this mission; and, in pursuance of his authority, brew bills to a great amount on Mr. Kinder, which were approved by the P'ernvian Government, and were put in circulation. Af t er a ll t hi s -- a f ter t h e tremendous liabili. ty which Mr. Kinder incurred with the concurrence of the delendants—wonleit be belieVed dint they refused to honour his checks, on some scruples raised in their minds respecting the legality of the transaction, a nd t h e state of affairs between Mr. Kinder and the Peruvian authorities' doubts—which were never suggested, while they continued to receive; but which, unluckily, arose when they were required to pay ! S--Proceedings were instituted i n Ch ancery, by One Or the übscribers, to which, he believed, they were no strengere an injunction was obtained, but afterwards dissolved . ; and they still hesitated to pay, on the oyinions of their legal Vilierti r . Perhaps they thought, that in the multitude of coun- Sellars there wits safety, and that in the Court of Chancery there wait comfort (a laugh) ; but that Court no longer laid on them sty friendlyrestrictione. Would they now, in pursuance of those doubts fr om w hi c h t h e y were once so free,' contend to-day that the loan was an illegal transaction ? If so, he was prepa red to meet them with the authorities of the most eminent of writers on the law of nations—of Clrotius and Vattel. These writers held; that where a petty, opposed to tine old Govern mcnt of a State, was sufficiently powerful to keep on foot musicforcers- ,.. where the contest was' carried by the ordinary Nies of warfare, and the men captured were treated us prisoner* o f war, not as rebels—there the.act of the insurgents must not be - considered as rebellion, but as civil warfare; and, in this state &things, it WAD, lawful for the subjects of a neutral Power to assist either party by a loan. But what was this argument to the. question between ISIr. Kindler and the bankers, who had , varied their reasons for declining to pay? At one time they com s plaitled that the Envoys had misrepresented their conduct ; at another, even . after air loan wisratified and a profaned made for an amicable arrangenient, they said that they were advised some parties, whom they.did tun•evettname, had claims nn thl funds in their hands; but, in truth, they had no good reason to offer, and the plaintiff, by whom they wereemployed; had a clear right to the control of the money which was necessary to his own protection. It apiCeared inaridence, that on the 17th October, 1822, Mr. ninder wrote to Evet:el.t, Walker, ;toil Co., who were then his bankela for gerieialPurxoses, reQuesting them to open n aepa. rate account headed" P eruvian Loan," to ;quid the intermix. tine! of the items with his private eecount ; ti :it they did so ; and that a baance of S;3CW. IN. 7d. now remaieed on that ac= count in his favour. It also appeared, that etibeetpteettly another account was .onened, 'wad e d " Ste Peru_.. agent Monies Kinder, jun. Esq.," hi Which the first item to, the credit of the account was 1 20,000/.,'lnd On which checks had been t': by the plaintiffand honoured. By the teetiniony. of Mr. Paroissien it was shown that that the sci,enteforrendering.the funds avail_ able to' the Peruvian Govern:nee t wee approved by the defend ants; that Mr. Proctor was sent m South Anierit'a with their concurrence, and that he there drew bills on Mr.. Kinti , :r. Mr. Holland, a partner i n t h e house of Baring and co. proved that the firm held hills so drawn to the iiiiountOtloB,793:. 4s. Id.; Mr. Brotherton proved that his house held' bills of the same description to the value of 54,76ti1, Is. 14id., el which:3o,Bool. was at their risk ; and-Mr. Brown proved that his house held similar bills tier 15;800 (tellers. Mr. Robertson, the present commercial .agent for the patriots of Per u , proved tlint these hills were endo rse d by perms acting in -the tninietry of finance, from time to time, in I. and eatiaii;el the .1 ry, though some doubt was euggested by the Lord Chief-Justiee, as to the effect of the evidence, that these endorsements purported that the Government of Peru bud received-the monsl, and assented to the the circulat hione of the bills. In explanati o n o f a change in name of t °Meer, Mr. Robertson observed, there hail been a change in the ministry. The Lonn CiftEr..ltlsrice said, with a smile, "That, I believe, A sometimes happens ev en i n old Governments." S The, OLICIPOW-GENERL.—Yes ; here it is matter of history.—(A laugh.) It was now shown, that DI esers.l'aroitsien and Garcia*, the agents' who regociated the loan ('thou, the Court would not al low to be called envoys, as they had not been acknowledged as Kith by the British (hovernment), had authorized th e npp li ce _ don of the food s i n t h e h ands of the, defendents to the a ment of the bill s d rawn by Mr. Proctor. p y Mr. Smith, a clerk of theplaintitf, then proved thtpretent ment of the check for eelbl3l. 18s. 741., and of the check for 70,000/., on the Bth of November last, to ;Messrs. Walker and and that they refused, eiving as a reason that they had been advised hy the Attorney end Seheitor-tieneral, not to part with the 'money in the present state of affairs. Mr. Paroissien, the agent or envoy, an Englishman by birth, but a Frenchman. by, extraction, who was present during .the greater part of the struggle beta...the Pteriota and the Spaniards, described the ()p.m :ions of the war, that it was conducted on the principles of civilized warfare; that captives were treated its prisonets of war; that prisoners were exchanged rank by rank ; and that though outrages were sometimes cam_ mitted on both sides, they did not form pert of a s y s tetn. .06 cross-examinatio n , this gentleman stated that he and Gerdes derived their authprity to pledge the national property of Peru front General San Martin, then in tilt, military cononand of the larger part of Peru, and in the occupation of Lima the capital. Their authority was revoked on the 2tld of .Novein ber, 1822, thottgh they did not r , Teive official noti ce of the re vocation till a considerably later period, when they cated the fact to the defendants. The Lott) CHIEF JUSTICE obaerveti, that the credentials of these gentlemen appointed them envoys, ambassadors, and plenipotentiaries to all the world ! Mr. SCARLETT (to the witness).— this world, do they ?"—(A Inugh.) On the examitiatien of Mr. Robertson and Mr. Paroissien, the changes in the st a t e ofPeru, which are we ll known, were elicited in p roo f ; t h e a bdi cation of Gencrel San Marti n , once tho", Protector of Peru t" the iciatife of Limaby the Royal ists; the factions and diviaions e that CllNUtiti; and the present divided state of the country, where, independent of the Royalist forces, the ocapation of the territory it divided between two Powers. Mr. Robertson, however, proied a retilication of the loan . by the Suprem e A ut h or i t i es at Limn in Just;: in the ,pre.: sent year, and that he was sent over as agent of the Goverlitnek to settle all matters connected with it. He had himself had several conversations with the bankers, but had matte no Inv cific demand of money. A letter was rend front Messrs. PArt)ui. sten and ()arch's, announcing the retideuthen, and requesting 14, renewal of the intercourse; to which there was an answer, de. siring an explanation of an expression in a former letter, before amicable intercourse could be renewed. Mr. Scott, a clerk in the Foreign-office, proved the appoint ment of Mr. Thomas. Rowcroft by the 13ritieli Government, on the lOth of November in the present yea., to be Consul-General of Peru. The SOLTC/Talt-GENERAL (With whom, were .I.lr. Scarlett, Mr. Gurney, Mr. Tindal, and Mr. Pennington) addressed the jury for the defender - IU. His clients were hankers of the highest respectability, who had no interest whatever in the result of this action beyond the costs—who held this money as stake-holdera for whoever should'prove their claim to it ; and who, so flu front w i e se no to b o le it, had b een insinuated, for their own ad vantage, hall °tiered to allow interest for it at the rate in which interest was paid on ExChequer bills. As allusion had been made to the proceedings in Chancery, he would repel. the insinuation cast reepecting them, by calling Mr. slopes who instituted them, and who would prove, that so far from having }Timmer' d iem by desire of the defendants, lie had acted against their ad. eic e , and h a d od'endcil them by the course which he had adopted. Mr..lonea, one of the serip-holders, feeling alarm at the floc. outdone in Peru, observing that the party who had taken on themselves to pledge ail the mines anti other resources of that country, fbr the liquidation of this debt, were driven froni power—perceivi ng that the country was Ineitated and dis tracted, and that the issue of its etruggles was doubtful, naturally felt alarmed,, and filed a bill on behalf of self and others, to prevent Messrs, Everett and Welker from parting with the money in their hands, An injunction .was obtained, which wee in force for five. months, and w hi c h was dissolved, not on t h e mer i ts,. but ' el a mere point of form, because it was diacovered that the suit was not brought by the proper parties. Since that time another bill had been dled by Mr. Boustield, to which there was it demurrer, for want of equity, and which hed not yet beenelecided. In this state of things, then, were essrs. I.verett.end Walker t o bl ame if they witithe M d their Winds,, and asked the authority of a court ()flew before they ,paid any furthtr? If, es there watt some reason to believe, the lean had been reeled by freudttlent representations—if the partite who professed to pledge the mines and resources of Peru had , no power. to pledge them then this money was the troperty of the subscribers who had paid it, and the bankere were bound to bold it as trustees for .thefr benefit.. There was one course by which they might have relieved thetnielves from all retiponeibility---by filing ti bill Of interpkoder, and paying the w h o l e money into the ('curt of Chancery ; but; in mercy to all parties, they abstained fwitre doing this, because the Learned Lord who presided in that Court had intimated, that if thtmoney was once paid in, it might be long befor e i t wou ld b e paid out-0 latigh)—wijich that learned person explained as meaning, that if paid into Court raised as it was to support insurgent troops against a cottony with which England was at peace, it would beconie the pro. perty of the Crown, But It was not merely in justice to the subscribers that Messrs. Everett and Walker declined paying thiemoney to the order of. Mr. Kinder, but to - the Government of Peru itself'; for the Jury would be surprited to find, that by a letter, dated'December 21, 1822, Messrs. Paroissien arid Garcia elistinctly ordered theta) to pay no money to Mr. Kin. der's order ; and that:by n letter of the same day they notified this prohibition to the plaintiff: sir. Kinder was the mere agent of the Peruvian Governmente—thet agency wits with. drawn; nay, the powers of' those with whom he contracted were revoked; and surely, then, the bankers did right in refitsirig. to pay to himthe fund over whi e l e h e had no longer a comma: In this transaction, the defendants had maintained that high character they had always preserved; they had no perste - lel ti tercets to serve; and they were quite ready tip pay over the whole SUM to any one who could sfiow a clear title to receive if.' Mr. Amory, the' sobscribing witness tofthe contract for the loan, proved its execution, and the doeurnent was read. A,lei., ter, dated the 21st of ,December, 1822 from 'Mr. Paroittaien to the plaintiff, was put in, expressing the surprise of the envoys, that.he had drawn out 4,0001., notwithstimdirig they lied then, red he would d es i st , an d i nforming him that they lead written to Messrs. Everett and Co., directing them riot to pay his draughts on the fund, without their express sanitien. A hater of the same date to the defendants, in yursnance of this connounica. tien, wits read, pr o hibi t i ng the issue of' money to Mr. Kinder's order Mr. Jerkin Jones, who filed the that bill in Chancery, Stated that he took that step against the wishes of the defendants, And that it produeed a coolness between' there. in Mr. Bnorcoaam, in reply to the evidence of the lett:ars, put A note of Mr. Elli s ; one of the defendanta, to Mr. Paroistuen, recommending' aim the letter, prohibiting the issue of cash opt Mre Kinder's ortlrr, should be written to them, which might justify' the refusal. The'tiotatereten s O tiernA,L;On this evidence, observed, that it *ail quite Obtlql!ti 0:118 recomMeotlation teas only given. as It; the - mtielt of ifict:t4 what the envoys thougt necessary, end that it clearleproved that Mr. Kinder was coesidered by all. 'rbey,do not go beyond -- 7 ...„........ parties as .a tnere Agent in eefeeetice eolthis tueney i vol4olt was thewhOle cast. ' : ' Itlr., BaciletwASl riteliello:)ltemottill have beenhetter V the defendant.) had vindicated their conduct by factsnatlierthan word s —by timbre r at h er ] t h an -bee at etilOgy from the Imps of their advocate. They had not shownthe eluidow cf a reaitin for their conduct ; 'ihey-Wi re l 'the 'ffehlterre of Mr. Kindeth and whet right had they, to heliettto for e eeo,inetant • before they paid on his order the money Wliteli lie had lent them ? With re_ specs . to .tae ..6,36e1i,,,th e y had ;not offfire4 a wortLeinot even in statement; theta-at:Sine W:11 paid to them ,by 111 r,„ Kinder, who requested them, for hie' owli' 'Convenience, td*COter it with a particular heading, just :as ,'; if he. - had eaid:-..'el Open an account fo r my butcher's) hillet„!' ' r oe "for a spartectdur cetate,". orreferen e e d to a particider specaletien • , enter the receipts and u? paymorits applietible to that purpose under that head. Whet! in eiteh a Cage, When allteck came in, could-they sAy, " Wee Oatl mot pey . this ;, we must takeohne to consider e ou' 'may lie in arrears with pier agent ; some tine. person in tin' world, may have Committed ll'euil, by which some other persettetneyeil Ter ; and we shall k, tho' money till the (Repute. is' ect;l_el ?" , its te o hill of ~triterp leacieoe they had good reaseete fn. not filing ft oe the money then would have /been Out 'of theie 'possession e'• they knew that banking incikut keePiner money, and, being hankers, they determined to keep it, not .only fir the ,owners but front theni.---(A leugh.)—Generally spea'eing a bill in Chat cery was a dispensation of wrath, lmt to thee! it was a dis pensation of mercy ; for it enabled them to keT this large sum fast locked in their gripe, and to give a co l our to a course which in i tse lf h ad no ttol'inir bet bte -k ; or which, per haps, Mr. Jones's evidence anight make eee shade lighter, to d fi cha rstnge it to a dark geey.-.4 La ughter.j—NVitit: reep ect t o t hi s the Soli sum, then, wide!) seemed altogether t o h ave escaped citer-thneral's memory, theft. could he no question ; and he trusted they would think the lerger stun really stood in the same. position. What signified the name State of Peru s' Mr. Kinder had contrected for the keen; he ass Halle to his tub-contractors . the looney paid by then) was to meet the liebilitiee which he incurred, and surely he WaS entitled to retain a control over it.. Two of the Envoys did, by letter of 21et December, 11122, et tlte secret suggestion of the de fendants, direct them to refuse paytifent of Alt. Kinder's checks; but the. revocation of the Envoys' power* virtually revoked that prohibition ; and it was a gain expreasly revok ed by l etter o f th e 6th 'October in the . present year, when the loan was confirmed. Let • the Jury remember, that Mr. Kinder lied incurred a great personal res p ons ibili ty on the faith of this money, in which the defeadante had assisted to involve him—that, at this moment, be would be a ruined man on that very responsibility, if they did not secure 11111) by their verdict— rind he was essured they would give hint every farthing of the monies to which in justice, in good faith, and in law, he wxs clearly entitled. The Letup CI: Mr JiraT re resaid he sheet)! give 110'opiniort in this place, as the legality'of the. transaction . celled the Peruvian Loan, Lig, lecithin par;y wished t o ra i se a q u esti o n upon it, they mi g h t at one take 'lie opinion of the Court. With rtepet to the tiret sum of ONia/. 111 s. 7t1., lie was clearly of opinion that die verdict should be for the plaintiff', because that NUM was ;mid in his own nan)e, and invested under it'intrticuler head, to suit his own convenience; and thereinre his hankers could nor reta;n it on the claim of any one. as against their customer.—' The larger sum of 70,000/., however, seemed to admit of a very different consideration indeed`; it was paid, to an ite .count headed'' State of Peru, Thomas Kinder, agent," and therefore, in his judgment, no person could claim to draw out this money unless he had the authority of what might he properly denominated " the State Of Peru." Now the agent% with whom this contract wits made were appointed by General San Martin, who then wns. in possession of the eupreme com mand ; Ads General called a Conress, and abdic a t e d hi s power, other revolutions sitcceeded ; audit now appeared that, setting neide Royaliets e whom neither part in this cause certainly in. tended by '' the State of Peru," there were two hostile powers contending 'for the mastery. It would Sea abio recollepted that the power.of the egefits IYIU4 revoked, though eubsequently re newed ; and that these agents had prohibited the payment of the clicks of Mr. Kinder. As to the conduct of the defendants in choosing to refrain from paying over this money till sanction eti by the decision of a court of law or equity., under the cirCurn stences he thought it fully jostilied ; and their offer to allow hi tertist after the rnte paid on Exchequer-bills proved that Ovum ed with no view to their own personal advantage. The euestion lie should leave to the consideration of' the Jury was, whether/11r. Kinder was authorized by the State of Peru to draw for the 70,000/. in the defendants' hands; if' they thought lie was they should find a ver di ct for the pleintiff fin the whole claimi ; if' they thought lie was not, they should then still , find for the plaintiff, but only to the amount of the smaller balance. "rho Jury, in two or .three minutes, found a verdict f or t h e plaintiff for the whole gum, 730664 lee. N. This trial, with the eiception Of a short action on a bill of' exchange, lasted the•whole day, and did not terminate till after six o'clock. Although generally: dull, its details, it evidently excited the d ee p est i nterest : a great number of the ' first hankers and merchants in the 'city were in Court, which wet, never re. member more oppressively crowded. • FOR THE SUN. WrwcHEs.rEtt, Ret% ID, 103. Ma. EDITOR-Ott reading, yesterday evening, the following lines in Rukeir y, concerning pertranes cOnfeision to 'Wilfred, of his attempt to asssesinate Morthem, entl,,nhich he thought he hAd completed; I could not help comparing the confesion of Pallet to the other,--arul were it not for the ob. serrations of Air. Justice PA Ri I would mention another name Also. " The pow'r within the goilty breoN Oft vanquisli'd, never quite suppressid, Thnt tinsubdied and lurking lies To take the rt.:r.crs by eurprise, And force him, as by magic spell, In his despit e hi s gu i lt to tell. " Fokeby, Canto H . . Part 19, line 7, ..Cc.c.) In a note,on part of these lines- tile learned Author has told the well-known story, of the confession of Houseman who impeached his accomplice tugene Ar am a Selloolltnatkr, and who was taken up, tried, eitecuted, and bong in chains in Knaresborough Poreet, , for the murder of Daniel , Clarke. A: fuller account of the tiariV trantiection may he, Antral in ,Se,'ol. kW. Instory of .Mitlahl in the Record. of the rear 1,769. • There are some particulars of the hitter days. of John Aitken. (eornmonly callei...hifk the Painter), •. who wen execrated at Portsmouth for setting fire to the hemp in the rope walea te th e Deck. yard' there, whi c h' ere tent known. Jack had escaped tt) within a short elistancaftent Reading, •wheti he' wee taken up and put into. Reading Jail on enspicion of. having rernmite l d it robbery near to the place where he was taken up. Whenever a man is taken,up and put in jail,• it is tnett,mary- for the jailor to ask questions of trim and endeavour to find out while he comes from, iSic. e but Jiiek.Was so remarkably. di 4e, that no thing could be elicited from him ; en. which the j3ilor wrotc to the then Secretary of State and told him. him suspicions about him, who ordered ..040 Williott)',Baltlwin . to bit ivent ;down to Reading Jail, and who soon got 00 intimate with,Jarktbat b y told hitn all the particulars of his life, by which': ineane every circumstance wan proved sotisfaterily -against. him 4 '4 ha so in. 4, tuttd wiws Jack with this Pahl wen,. that abbot:girlie' Was told the night before his ter t 1 - that Ihildwin „was in, the town,' he said, 1 ' Aye, very likelyy he is my particuler friend, and, i 3 , colne , out of curiosity,to hear bey trial' t'' iltte Oil .Bahlwin's ,being called into the box as 4 .witri oti i tift l it i lila hi m 'Jack stepped back, and odd to o persen who war i the pound, and whom he knew, " I am'n dead man-1 'sett nil through it now." Vet to this very person before he wax pot -en ltie trial,. he deehired his innect.nce, and said that he. *hook, be tic. quitted. ~, . .. I recollect being present at an inrestigationinto n trz•rs te. tion. which several petsona: were, charged • WithAtoving vont- Mined ; they were called in s e p ar ately,,,atti told of thew noieionti opines each as he was called : every .one most solemnly - de dared his innocence ;. but ' one --ndsied; and I can etv,,r 'be convicted of it. It woe 'quilt certeinthet one 'those examined' must have done. it ; the word (0 st viel , gn toe k . tut :ill os negative confestilen t we thyght /lett if tie ad not tione it,lw would riot- have used .tha erne , Ile w' hatenWly Isteliched, when such strong cpreolierative facts vitre noticediothat,,in a few days after, being told - .of the wt.ole, 4eftiecienceatered him so strongly lit the thee, that he made a full confession, which. . cleared all the rest. I am, your%