The Sun. — London, England, 1823-04-11 00:00:00

PAKLIAMENT. 110 USE OF LORDS A Pltlf, 10. T IT H ES. ' Viscount CLIFDEN presented a Petition from Kilkenny, 'praying for a Corumutatiott of Tithes. After expressing his a{ •" of the subject which the P et i t i o ners had in view , be said that as the subject was already in the hands of his lqajesty's Oovernment, he should only move that the present petition be received.—The Petition Was then read and laid on ;the table. Lord ROLIJE presented a Petition froM (,treat Torrington, in, the County of Devon, against the Insolvent Debtors' Act ; mil one front the City of Exeter, against the duty on Coals. — Laid on the table. Certain Returns, pursuant to the Order of the House, were .prcsented by Mr. TIIUN nix from the Office of Chief Secre tary for Ireland. • The Bishop of CHESTER presented ,n Petition from the Merchants, Bankers, and Tradesmen of the Town of Little Bolton, in the County of Lancaster , against the Insolvent Debtors' Act.—Laid 'on the table:—Adjourned. HOUSE OF COMMONS. MISCELLANEOUS. A new Writ was ordered for the Borough of Hazelmere, in the room of the Right lion. Robert 'Ward, who since his re turn had accept the . Chiltern Hundreds. • Mr. Stwesor;, from the SOuth Sea House, p res ented an Ac count of the Annuitants on the Fonds of the South Sea Corn tiany.--Ordered to lie on the table. A petition was presented from the Inhabitants of Kirk wall, complaining of Agricultural Distress.—Ordered to be printed. sTEWART presented a Petition from certain Pro testant Inhabitants.the *town of Bury Marsh low, a g ainst making any further concessions to Roman Catholics.—Ordered to be printed. M. %V. DUNDAS presented a Petition from the Lord Pro vost,and Common Council of thetity otEdinburgh, complain. :leg of the Tax on Stones carried coastways, and praying for the. repeal of the some.—Ordered to be printed. Mr. BYNG presented a Petition froth the Rector, Church wardens, Overseers, and Vestrymen of the Parish of St. Mary, hitechapel, praying for the Repealdn the Duty on Coals.— De also presented a Petition from the same artier against the insolvent Debtors'Acts.—Ortiered to be printed. Mr. R. SHAW presented a Petition from certain. Cotton Spinners of Dublin, against any alteration of the Union Duties. —Ordered to be printed. Mr. LITTLEToN presented a, Petition from the 'Mer chants Taders, and others, of the Town of Walsall, i Staf fordshire,r against the Insolvent D e btors' Act.--4Jrdered n to be printed. • The Hon. Member also presented it Petition from an indi vidual of the name of .1. Smith, against the Insolvent DebtorV Act, complaining of the conduct of certain Commissidners of the Insolvent Debtors' Court, who had allowed an insolvent mechanic the sum of 31. per. week fur his sustenance in prison, to the injury of the petitioner and the other creditors of the party.—Ordered to be printed. BEER DUTIES'BILL. Mr. Alderman 'WOOD, seeing the Secretary to the Treasury in his place, wished to ask whether or not it was intended to proceed with the Beer Duties Bill that evening. Mr. HERRIES said, it was not the intention,of Ministers to press the Bill that evening, nor were they anxious that it should' make further progress till it had been in the hands of Mem hers a sufficient time for their consideration. The lion. Gentle-, man then moved the Order of the Day for taking the Report of the Beer Duty Bill into further consideration for the purpose of postponing it. The further consideration of the IV port was postponed till Wednesday. Colonel WOOD presented a Petition from the Merchants, Traders, and inhabitants of the town of Stain es, prayingfor the Repeal of the Insolvent Debtors' Acts. Those laws the Petitioners considered to have been very injurious to the fair trader, anti destructive of that confidence which ought to sub sist between maw and man, anti they therefore hoped they would not be suffered to continue in force any longer. The Petition was ordered to be printed. Mr. S. 'RICE presented a Petition front the Householder* and Inhabitants of the Parish of St. liVerburgli, Dublin, cum. plaining of the ioettl taxation.—Ordereti to be printed. Mr. wEsT mtN moved for accounts of die quantities of excisable articles consumed in the years 170'2 anti 11322, tinguishiog the rates of. duty charged on each article.—Or dared. Mr. GOULBC RN presented a petition from certain very respectable persons, inhabitants of Dublin, Belfast, Waterford, and Derry, connected with the Manufactories of Glass in Ire land, against any alteration in the Union Duties.—Ordered to be printed. CATHOLIC QUESTION. Lord HOTHAM begged' to ask of the Right Hon. Gentle. man near him, the Attorney-General for Ireland, whether it Wes his intention to bring on the motion for which, he had given "ice on the 1 7th instant, on t h at da y ? He was induced to ask this question, ns it would be very inconvenient to many Gentlemen who remained in London, to attend the debate on that occasion,•if it were again to lie postponed. As he under stood Some doubt existed on this subject, he thought it would he satisfactory to obtain an answer to the question which he had put to the Right Don. Gentleman. • Mr. PLUNKETT had no liceitation in giving a direct an. • ewer. When he postponed his motion on a former occasion. he was Sensible that he should incur no slight responsibility if any thing short of public duty were to induce hint to consent tit new delay. He now stated it to be his firm intention to bring forward his motion on the 17th inst.. The Committee on the Military a n d Naval Pensions' Bill was postponed till tomorrow. - The Committee on the Revenue' Departments Consolidation 13111 *aa postponed till Friday the 111th inst. UNION DUTIES. The Union Duties 'Bill was read a *wend time, and ordered to be committed on Monday. • , THE, LATE NEGUCIATIONS. -.• Col. DAVIES, seeing the Right lion. Gentleman the S lac e, eretary of State for the Foreig n De p artment in his pe, begged to ask hint it question. Ile wished to know if he had rightly understood what had fallen from the Right lion. Oen flentan on a former occasion, when lie.understoml hint to Nay, it was his intention, text Monday, on laying before the House the Papers relative to the late Negeeiation, ;tO l O6 into'a general view of our Foreign `Affairs. If he (Col.'ffisnese had not Ws conceived the Right lion. Gentle Man, he had announced this to be his purpose. Now he thought this unusual, and that when the Right Hon. Gentleman thus - caeue down with an ' elaborate statement in vintlication'of the course pursued by • Miniaters, an unfair advantage would he taken of their op povente, as it was impossible to suppose that the latter could 'he at the moment prepareit to combat What might Who att. vanced. They would then be reduced, to, this dilemma— 'either they must reply at a great disadva nta g e, or the Right [Honourable Gentleman's own' representation must ipa .• forth to the' world, and be allowed' for Matt days to , rentatn unantiwered. He therefore was of opinidn that TIO statement ought to accompany the production of the papers.! The fairer course would bo to lay them on the table of' the House, with u - • out comment, =die:tire the whole subjot. open fortheir future consideration.' . • . , Mr. Secretary CANNING said the Hon.. Offieer had rightly understood hint to announce, that it was hie intention on Mon day next, when, by his Majesty's command,, he should lay be ,fore the flume the documents relative to.the late negOciations, to enter into a statenient of the course which they had pursued when he should give a general outline of ,flie policy pursued Ministers, in conneceon with tI e e,e transactions. The lion. Gentleman would observe, if there wits any . thing un usual in tins, it was to be accounted for frinn the circumstance of the case itself -being qtraordieery .and unusual. It was . not usual for Ministers to lay documents before the House on which they did not propose to call for any-proceeding on the pan of the House, but in the present instance it was not meant .to , call for any. This however would throw no itnpediment in the way of those Members who might think it right to call for a proceeding of an adverse nature , Iti most cadet, when papers relative to negociations were produced, it was when au& negociations bad terminated in war. Ott all .such occa sions, Ministers, in the name of the King, has un oppor. tunity of explentieg to Parliament—to their country—and to•the world, the comae, which they thought i t their duty to - pursue, through the medium of that. declaration which it be came their duty to put forth on the part of the, country, and un , ;er the authority of the Crown. Time presentnciation s not having terminated •in war, no • such declarattoad been crewed necessary, and the statement which heTiad toff was only intended to supply the place of that declaration, and would no timber prejudge the merits of the cue, titan it would be prejudged by a declaration , if one had beep thought nece sary... In what he had to say on this occasion, it would be his •object to give nothing more than a plain unvarnished state mtureent, anticipating no contested po int, and asking for no prema 'approbation. When that st atement should be given, it would Rieke no call on Gentlemen opposite to combat it, or to tip ' prove of it would subsequently Ise open to every one to take that course which he thought fit.,,,'Acting thus, an advan ,tage would be given aainst the Government, and fur their opponents, as the latter g would be in possession of all the case of Ministers, before coming to a discussion on the subject, which was a more favourable situation than they could well be placed in under ordinary circumstances. FIRST FRUITS. Sir J. NEWPORT-called the attention of, the House to the " 'First Fruits" of the Clergy of Ireland, for the purpose of ren dering the revenue thence arising a vailable to effect the, object : of the Royal Grant thereof, and to diminish the:necessity of Parliamentary aid.. The Right Hon. Baronet proceeded at some length to explain the original objects of the grant from the Croy/fie and to shew the necessity which existed for revising the pre sent system. He quoted a variety of authorities in support of his view of the subject, and contended for the prOpriety crf giving the first years produce oe every benefice in aidL of, the fund for the relief of the poor Clergy, and to carry into effect the other objects of the • Royal grant. This would Wish the necessity for calling so rePeatedly for Parliamentary grants ! , which he considered tended, to unite a number of pa rishes in one benefice, instead of contributing to diminish the evil. The Right Hon. Baronet maintained, in conclusion, that the very provisions made by Parliament in furtheranCe of the objects originally held in view, pro:Need an effect directly opposite to that which was intended, and he insisted that the people ought not to have • their money taken from them by taxes to accomplish that which the Royal grant ought to effect, He moved the following Resolutions as the ground of an ad dress to the Crown " That the first fruits or annates, being the first year's in come of every ecclesiastical dignity and benefice in Ireland became at the time of the Reformation a part of the revenue of the Crown, AS head of the Church , an d was rendered payable by instalments; and otherwise, regulated by the Irish Statute the 211th Henry ardcontinued annexed to the Royal revenues until the year 1710. "'That her Majesty Queen Anne, as an act of Grace and fa-, your to the Established Church of Ireland, by letters patent, confirmed by subsequent Acts of Parliament, did then vest in 'Certain Trustees and Commissionerstheprxhice of this branch of Royal Revenue, for the purposes of building and repairing Churches for the use of glebes, where wanting, and of nnpro priations wherever the benefice was not sufficient for the liberal maintenance of the Clergy having cure of souls. , " That her said Majesty Queen Anne. did at the same time absolutely exonerate and release_ the Clergy of Ireland from the payment of the twentieth parts, or twelve pence in the pound, theretofore . payable annually to 'the Crown out - of the i ncome of all ecclesiaaticatberrefices. " That it appears from returns laid before this House that the gross amount of the First Fruit revenue thus vested in trust, as paid , in to the Treasurer of the Board of 'Commis sioners during ten years, ending in January,,lB2l, Amounted only to 3,7521., leaving the net amount of produce, applicable to the valuable purposes of the grant , no more than 2,925/., Averaging annually 2924 after the deduction for salaries and incidental expenses of the Board, of 11271. " That the grants of Parliament for building new Churches and Glebe Houses, and. the purchase of Glebes in Ireland dur ing eleven years, ending in 1810, amounted to 490,00ti0 11 1., being an annual averege of 45,0001. ;- and that provision' sconti nue* to be made by annual grants for these salutary purposes from the public revenues. 2 " That four hundred andsixty-seven of the dignities and b e of Ireland, being ne a rly one-third part of , the whole, have never been rated or. valued to the payment of the first fruits, as directed by the statute of henry VIM; And that three hundred and thirty . ..al% benefices more, although rated, do not contribute thereto, in consequence of the very early period, and the low rates on which the valuation was effected ; and that the whole of the Archbishoprics, Bishoprics, and other Ecclesiastical - Dignities of Ireland, are estinutted as amounting to only 4,2471. yearly value. " That the receipt and manageMent of t his revenue has been always reserved to and continued in officers • appointed by the Crown, and that the duties thereof, were, by letters patent, in 1 the year 11112, entrusted to certain Commissioners, with powers, as therein specified, from time to time,' to collect; levy, and receive, and to examine and search for the just and true value of all and singular the dignities and benefices of Ireland, but that no valuation appears to have been made under authority of this patent. • " That these Resolutions be laid before his Majesty, toge ther with our humble,representation, that it appears just and equitable that this branch of -Royal revenue, liberally bestowed en the Church of Ireland for wise and salutary purposes, should be rendered efficacious for the attainment of the objects of Royal bounty, without the necessity of increasing annually the pub lic burdens by Parliamentary grants; and that we humbly pray his Majesty may be pleased to a uthorize and direct the Patentees of die. Crown to proceed forthwith in the execution of such 'measures as may be necessary for exernining end searching for the just and true value of all and singular - the dignities and benefices of Ireland, and. for rendering all such as shall be found to exceed the annual' value of one hundred and tifty vounds,.rateshleeimtlibutors w the First Fruit Fund, as vacancies in such dignities and benefices may hereafter take place." 1• , Mr. GOUI,I3URN said, lie should not be backward in sup porting this measure if it appeared likely to place the Church on a better footing than it now boasted. The practice which tr had obtained in elaild of uniting many parishes, into one be.. nefice had been detrimental to the growth of Protestantism.— The Government , had proved itself not indisposed to correct the evil. But on this subject he would not enlarge, as he should have to address the House , respecting it, on a future occasion. Ile wished to confine himself to the object of the Right Hon. Baronet, which was this, that whenever a benefice fell vacant, the amount of its revenue, for one year, shoirld be given in aid of the revenue, arising from " first fruits:" The question was. then neither more nor less than this, whether the Reuse should lay a tax of 40,000/. per annum on the Clergy of Ireland.— The Right Honourable , Gentleman then proceeded to answer the Right Hon. Baronet, by, referring to the ancient statutes on this subject. Ile showed diet they had never been construed as the Right Hon. Gentleman was disposed to construe them, and In proof of this he instanced the resistance made to the alienations claimed for the Pope, which, however, had never amounted to half what had now been claimed by the Right Hon. Baronet. Ile ',hewed dint by an Act of the 23d of Henry the Eighth, :t had been made, which it was declared should he inviolably observed. Subsequent Acts had confirmed the arrangemen t then agreed upon; and from all these it was clear, that it was never intended :to -take from a benefice one whole year's, r e venue, such as in latter times it might have become, but Merely that aunt which was'eonsidered to be its amount at the period of the original valuation.--. Ile contended that no benefice having, once been submitted to a valuation, was never subject to a second; the first wail final and irrevocable. He should follow the example of the Right Hon. Baronet, in not going at length into a question which was necessarily one of legal details, and upon which there must consequently be. a great diversity of opinion. In his judgment the .argument Of the Right, lion. Baronet was found: tut on one great acid leatling error, namely, that the law autho. rised a uniform valuation of all benefices according v t r O e tl i t olw their p re s e nt value for the first year. Believing as he did that the v Itu would bear no,sueli c onstruction, he should move- h question. Sir .I.'NEWPORT shortly replied, observing particularly upon the reluctance of the Church, not' nly to contribute their share to the support of. the general burdens, but even to the maintenance of their own poor Clergy. The House then divided,, and the numbers were the fol lowing For the Resolutions, - 39 Fur the preVious Question 48 Majority 9. Ofi omit re-admission to the Gallery, _the, SPEAKER Was put ting the question on the, other Resolutions of Sir J. Newport, and they were negatived seriatim. • MASTERS . AND ISDRVANTS: Sir J. BOUGHEY asked leave to bring in a Bill for enlarg fug the powers of juvicem of the ?'trace; as to the determination of questioni-betweeit•Masters and Servants. SLAVE TRADE. Dr. INSIIINGTON obtained leave to bring in a Bill for Consolidating the Laws relative to the Slave Trade. • • CROWN PRISONERS. Mr. HUAIE moved, for two Returns connected with Crown Prisoners:--the first, a ,return of the number of persons now confined as Crown Debtors, distinguishing the amounts of their debts, and theterms during which they had been imprisoned ; the Second,- a return of the number of persona confined in the Fleet Prison for Contempt of Court, specifying whether for, offence against the Court of Chancery, *or the Court of Exche quer, or against any and what Civil or Ecclesiastical Court ; an Account to be appended to this last return of all versions who had died in prison under c onfinement for contempt of Court, between the 11th of .July 11120, and the present time. In moving for these papers, the Hon; Member for Aberdeen said, he only moved for the continuation of documents which, up to the years ,1010 and 1820, were already before the House. By the return of Crown debtors, furnished in the year 1819; it ap. peered that at that time more than eou persons were confined for debts due to the Crown, principally upon t he claims on the part.of the Board of Excise. By the return of prisoners for contempt produced in the year'lll2o, it would be found that at that period 31 individuals were in confinement; many of them having been seven, some fourteen, and one so long as thirty-one years in prison. lie (Mr. Hume) could not but consider the whole law regarding Crown prisoners as most harsh and un equitable in its operation. lie saw no reason why a man, in debted upon a claim from the Excise, orupon any claim arising with the Government, should not have the same relief open to hint which lie might resort to against a private debtor. As the law stood. men were subject to, and endured imprisonment for years, under penalties or security bonds as low as twenty or five and twenty pounds. The punishment so inflicted upon f a man or being poor was unreasonably severe, and the Retiree to which lie must look for any remission of that punishment was the last in which, fairly, that power of remission ought to be vested. At present - the degree of imprisonment which a Crown delitor had to endure depended upon the degree of foe= which, in the proper quarter, lie , could command, It would be . infinitely better if the'lilieraticei ,of Crown debtors was to rest, solely: within the Will of Gaverninent,that the scale of punish ment Atonic' be definitively' declared, and that it should be fully. un derstood, when' a man was sentenced to a tine; for how much or imprisonment that fine (in case of inability to pay it) might be commuted. After again urging the policy of putting debtors to the Crown, as to all points of advantage, upon the same foot ing with private debtors, Mr. Hume proceeded' to the point of imprisonments for contempt of Court, The power of commit tal for contempt, as it stood at the present day, was a power un fit to be held by the Lind Chancellor, or by any Judge in, Eng. :upon, papers already before having died within a few Ithariadh.iotllnses,taonfcneos l a e , o ss ul t d ha b n e 2 f o ou p n er d s , ous years, under sentence for contempt, after fourteen, twenty, and some thirty years' imprisonment. One individual had died in the year lON, in prison since the year 1709, and: confined only for refusal to pay a sum of .100/. No doubt Offences against the authority of a Court, or failures in - the respect due to it, ought to be punished; but not by imprisonment - for 30 years, or for life. punished;' power of committal, too, ought not to rest sidelY with the Jude. For every other offence which a inan might be guilty ot, he was entitled to have the question-- his innocence or guilt—tried by a Jury of his country ; and why not so in cases of alleged contempt ? Why was a man .who happened to displease the Lord Chancellor to be put, in a manner, out of the pale of those laws and principles to which, under any other circumstances of difficulty, he 'would look con• fidently for peotection The SOLICITOR -GENERAL thought the Hon. Member for Aberdeen wrong in his view of the law as it existed. AU persons confined for non-payment 'of money pursuant to an order of court, were already entitled to their discharge under the Insolvent Mt. Persons who remained in prison for con tempts, as they Were called, of ceurt, were clinunonly-persons who refused to CIO some act:. within their, power, which the court ordered them to do. For instance---a case came before the Lord Chancellor. ,ITpcin investigation, it was decided that one of the partieS.--say the• defendant—aught to. do a particular itcr, such as. the execution of f% deed or instrument. Under such circumstances, (and the cane was a case of every day), the court had no power to compel the execution of' the deed or in itrument in question • all it could do, was to imprison for re. fusel. To deprive the court of the power to imprison, was, in effeet, to nullity its jurisdiction ; and surely the party sufl'ering had no right to complain of a confinement which he sought .of his own will, and to which he could put an end - when he :thought proper. AO for cases -of persons committed for disre spect to a court, it could not but be within the knowled4 of the Hon. Member for Aberdeen himse l f that such indiv als were always, after a very reasonable infliction of imprisonment, liberated upon their apology and submission. With respect to putting crown debtors generally upon the same footing .with debtors to private individuals, he (the Solicitor-General)should show, in a word, that the thing was impracticable. The great mass of crown debtors consisted of' persons confined for non-payment of penalties Which they had incurred by violations of the law—chiefly by offences against the excise laws. Now the enabling such persons to get their liberation under the insol vent act, would absolutely destroy the revenue of the country. Every man pf desperate fortune would at once 'strike into the illicit trade, sure of enormous gains if he escaped detection, and quit at the worst for a: tern} of three Months' imprison ment. Besides, the situations of the crown debtor and of the private debtor were not alike. One of the main arguments for liberating a man from imprisonment at the suit of a private individual was the possible existence of irritation or vindictive feeling on the part of the creditor. On the part of Govern ment. there could be tin such feeling ; and the general practice of the Lords of the Treasury, with respect to petitions ad-. dresied to them' for liberation would be the best answer to any charge like: severity towards debtors who were liable to the Crown. Mr. PEEL begged to,disclaim any idea like diet attributed to him by the Hon. Member for Aberdeen; of apportioning ' certain quantities of imprisonment to the liquidation of certain' penalties. The lenity of the Crown would always be f reel y dispensed, but it mild be tlispensetl only with a due regard to the circumstances of, , partictilar cases. Some portion of impri sonment, where a fine was not paid, became absolutely neces sary ;- because, if tines were Mt exacted, of course they would cease to be paid altogether. Dr. LUSH INGTON thought the present course; where per ions refused to obey an order of Court, inconvenient and in effective. It frequently happened now, that a man spent his money in prison, (under sentence for contempt), defrauding the party who by right was entitled to 'it. Ile thought it would be better where a nian refused to execute any deed or settlement, that the Judge should have power to execute it in his name. ' • . Mr. W. 'WYNN opposed the motion. • • Mr. RICARDO objected to the imposition of a fine by a Judge, afterwards to be remitted by a Secretary of State. It would be as. well for a Judge to pass but one sentence—say death—for all crimes, and afterwards leave the Government to inflict what quantity of chastisement it thought fit. The Judge who tried the cause was the fit person to decide what penalty the offenders should endure ; and a Judge was bound to con skier deeply, before lie imposed a fine, the means which a de fendant Might haVe of discharging it. After a few words from ,Mr. HUME, the Returns were or dered to be produced., • ' At the suggestion. of Mr. SYXES, the second reading of the Registry of Vessels Bill was postponed until the 18th instant. 111 r. .HUME (to complete certain documents before the House) moved for a Return of' the Annual Revenue and Ex ienditure of 'Great 13ritain,' from the sth of January, 1792, to .he sth of January, 17911 , .—Agreed to. • "he llouse then adjourned at half.pait seven o'clock. DUTCH MAIL. HARLEM, Arlen. 7.—Accounts from Batavia, of the 29th of November, mention that his Excellency the Go vernor General, and Baroness Van de Capellen, returned to that city on the sth, front.his tour through the Island of Java. On his tour, his Excellency found that the population and cultiva tion had increased, that the security of persons and property was maintained, and that tranquillity and satisfaction prevail ; that the Javanese, becoming better acquainted with the intentions .of the Government, begin to proxitole the new regulations, as an instance of which the vaccine may be mentioned, which is now practised by the islanders theMselyes. A second eruption of Galong Goening, which took place on the evening of the 12th of October, has done almost as much injury as that on the Bth. The plain of Singaparna is covered with mud, mixed with burning .snlphar, and it is said ,that twenty kampongs have been destroyed; and a thousand persons killed. On the llth of this:: month the Resident of Riang re turned to Tanjore froth his survey of districts laid waste by the eruption, haVing first done what was' necessary to, tattintain order and 'provide for the inhabitants who have eacaped, and for the sick. fly the' most accurate estimate that can be made, the.two eruptions have laid waste in the dif ferent disttkni. l 2 4 Icampongs, and 3,083 Orions have perished. Besides,tl4 grao numbers of cattle that have been killed; the dama4e done to the rree ik very considerable: It is estimated at 11,309 tjacts, of 1,000 katjei of .1,259 pounds. The number of coffee-trees destroyed is about 1,0130,000. The accounte.re r specting the sick are favourable t. they amount to 97 in all. • AAISTERDAM, Arita R. • Exchange on London - —40 f. 7c. Ditto two months -40 f. 7c. IIs.TAY ' Noy, 23,...: -Captain de Man, commanding his Majesty's frigate Melanipus has attacked and destroyed the resort of the pirates on . Torioly, not far from Macassar-150 proas were burnt on this occasion; the guns which were unser viceable were.thr , :)wn into the water, and 19 brass cannon were brought to Macaisar. • EXEClPtloss.—On Saturday, Connor, who had been found guilty on Thursday, for the murder of Mr. Creagh's servant, underwent the dreadful sentence of the law; His deportment was calm, and his sole attention occupied with the admonitions of the Rev. M r.England and Rev. Mr. Falvey, who attended him. There was an immense concourse of spectators to witness this awful execution. En con• sequence of a representation made this morning to Judge Burton, stating that Kirby, one of the men who was under sentence for execution this day, had for many years laboured under mental ince pa. bility, sp as not to be able to discriminate be tween good or bad actions ; the humane Judge having taken the subject into his consideration, was pleased to grant a respite to Kirby. The other, James Walsh, under Went the sentence of the law at Gallows-green.—(Cork Mercantile Chronicle, April 7.) LAM INTELLICI ENCg• COURT OF CHANCERY, A Pug. 10.. THE PORTSMOUTH CASE. Mr. ATTOTINEY-GENERAL.--TO this case -.there were two petitions before the Court; that on which he appeared, prayed The confirmation of the Master's Report, in which Mr. Henry Fellowes bad been named as , a fi t person to undertake the cus . tody of the Noble Earl. • • : Mr. HART was instructed to. suppott the Petitiop of Lord Grantley, which prayed that it might be referred to`the Master to consider and approve of a proper. plan and scheme . fors the regulation of the - household establishment of Lord Portsmouth, and also to inquire and certify who was the. most .flt person, , to whom the immediate personal care of th e said Earl ought to be entrusted ; and further, that a proper person might be appoint, ed as committee or receiver of the. rents and profits of the estate. With respect to the confirthation o f the, Maste r's Re port, he underitood his Lordship to have thrown out smile sligt, gestions on that subject, which seemed' most fully to "accord with 'what was now prayed' by Lord Grantley ; .and, with refer ence to the latter part of the p etition , which related to the Ap pointment of a receiver, Lord Grantler, as trUStee,:ih eOnktuon with others, only wished for the most extended cps! , of the estate. On that subject, however, lie would abstain , frean taking undid time of the Court. , • • . Mr. BICKERSTAFF followed in support of the petition. Mr. Az-venom v -GrstEil.Al..—lf this were so much a plat ter of course as his Learned Friend supposed it to be; lie should certainly take blame to himself 'for standing where he was. so oppose it ; but so widely did he differ from this proppsiticin, that he considered it as the moat eitraOrdinery petition:that ever came within his recollection. This Court had sent an inquiry to the 'Master on this subject; his Honour' hadrecoininended'Mr. - I. Henry Pellowel4 as a proper person, .and that,reconmendation having been supported by the wishes of every member iifa.thd Noble Earl's family, besides . many :other rospi!etablepersos.;., Lord Grantley stepped forward (he did not mean to say he Was . actuated but by the purest of motives,•and with diebest wishes for the interest of Lord. Portsmouth), to propose that a second Committee might be appOinted: Now, approbendedthat the Master had done his duty, In certifyipgMr, Fellowes us the most proper person ; and if that Gentleman hound,' after enter ing upon his office, that further proper care would be adviseble, Mr. Attorney was instructed to say that he would not be back ward in procuring it. But. Lord Grantley's thus coming for, ward was a most unprecedented step.. Mr. IlAwr—lt was a most usual one.: •• • , •: . Mr. ATTORNEY-OEXEHAt..—He did not oppose the confir mation of the Master's report, Which had been arrived at with more anxiety than had ever . before; been • bestowed on such a subject; he did not say thAt Mr. 11. Fellowes was ant iiiiproper person ; but Lord Grander (no -immediate relation ,to .the, Portsmouth family) came forward to anticipate that that Gen. demon Would- not do his duty. Was this, , he would. ask, the. usual course ofroceeding ?, Why did his. Lordship interfere before the com mi ttee had been invested with. his authority . ? lie could understand very well, if. Mr. Fellowes had attempted to deprive this unfortunate Nobleman of any of the comforts to which he was entitled, that humanity and affection would alike prompt the interference of a friend to the family. But why lie should insinuate at this period. that this . Gentleman was likely to adopt improper measures, he could not at all understand.— To use the mildest term, it was quite premature. The Court would see that a proper person was appointed, and therefore he trusted that his .LordshiP would dismiss the petition of Lord Grantley. . • • Mr. WE'r HEIM r.t....-As soon as Mr. Fellowes , *as approved of by the Master as a competent person, his Lordship had in timated that he wished a more extended prospectus of the house hold 'expenditure to be laid before him; In order to give ;any sort, of colour to this petition, he wa s bound to suppose it was the application 'of an miens curate proffering his advice to the Court, and suggesting that two Committees should be appoint ed. Now, he believed that in the diplornacy . of Foreign States it was usual to appoint two Ministers Plenipotentiary to one Court ; the one as an acting Minister. the other as his Double , whose province it was to loo k after or pry into the conduct of his colleague. This wasmery proper, no doubt, and just as easily un derstood ; but whoever heard of one Committee being appointed to look after the conduct of the other ? True; it was not un common in histrionic performances for an actor to have' his Double, but since the time of Old Double himself, he would ask, othb a il et double ne,e to rho participateee ca, become es s a stoh p ten r i e ne c nt e dho d ive e fie n ru t t yr o je f t oyo t f h f e t thi l l asr person duplex C u h p l a eo n xf c e a l cn l hor insaneractcreatinger N o ble ma n . : : in finding, for it even a suitable appellation ; 'and after ell, what security had the Court that it would not them assume a triple form? With reference-to' any. separate individual being nominated to the care of the estate, he should resist it in every shape, and lie would take 1 the liberty of stating, that in point of law he apprehended that the mode of management was•to appoint a sole Committee' in the first instance, and if there was to be any other per. son, that second individual ought legally to derive his Corn. mitteeship from the Lord Chancellor, and from him alone. the part .of 'Mr. Henry Fellowes he would state, that though that Gentleman had not given it detailed statement of pletely to lay befo re ifiwiabineiti would yh ‘d n v ueoi power Indepen den t vnt g t j h unw e ielaer e t p r ye s an t fi his plans, and of what persons he intended to ;Mt abOitt the d Noble Lord, it did not arise from any aversion on his part so to do, but it was not the practice in the Master's o ffi ce vim g te e o e to than b i to n contempl ated . iscay t , e u mt i i n r ee t s n h: n r ao a t i f e n ith t n e o v at e t it 4 r i T ao s t f :t l 4 , u i et n ht l e ' Committee, and beyond the controul with which the Court invests that officer, that such an object, was unattainable, and as far as it reflected on Mr. Henry Fellowes, it was most i premature. El :Ir. .y argued appointment n q a tiltniee either t i l o e C f o a l r i p A t ,e h N r s e c o:n l i a i wTt e l t , with respect to the practice of the Court. at i—n extraordinarytle f n t d ' e ti e P , e s t iitdi powers,ot n h e c r o e n ib t ertiehniap that was bteedg begged the it might not be understood, if the matter went back, that it had such an object. The reason why he did not appoint the person who had been recommended at once was, that as so much of the happiness of the Noble Earl was involved in this appointment, he felt it his duty first to be informed of the precise plan on which thatperson proposed to act. Ile was bound to recollect that he was dealing with a person who had been left at large in the world from 11109, when the lunacy first commenced, down almost to the present period, unrestrained' as to the society of his friends and relations, and with what degree of care had or had not been thrown around him. For that individual's comfort and happi ness, his Lordship felt it his duty . not to appoint any men, un. less tie first informed the Court in what manner he proposed that Lord Portsmouth should be treated in future; and it was in order to obtain this information alone that he should send it back to the Master. With respect to another part of theprayer of this Petition, he hail an impression that a Committee of the estate had Already been approved of, but he found he was mis informed. It had occurred to his Lordship, that, considering the niagnltride of these estates, it would he impossible for any young gentleman, or indeed. for any person whatever not con versant with the nature and management of landed estates, to execute this function by his own sagacity. As to the security of the Noble Lord's person—as to the nomination of an indivi. dual to take care of bins—his Lordship had no right whetever to interfere. It came peculiarly within the jurisdiction of the Master, as did the consideration whether or not there was to be any such appointment at all. So again with respect to the m e : negement of the estate. All he reserved to himself Was, the power to-confirm the Master's app ointment , which he certainly should not do until he was fully informed of the plan which the Committee proposed to adopt. . Mr. II anT replied.—The simple question was, whether this Petition had been properly presented ; if it had not, all lie desired was, that his Lordship would itt once dismiss it. If, as had been maintatiled by the other side, this was an officious and impertinent intrusion on the part of Lord Grantley, a stranger in blood, then that Nobleman had to:console hiniSelf with the reflection that lie had been acting from the dictates of kindness and humanity ; that he had presented the Petition under the advice of Counsel and that though Counsel might be mistaken, he could not be accused of neglect; for if any person took an interest in the comfort and welfare of the Earl of Portsmouth it was Lord Grander. 110 had been domiciled with' him from his earliest youth ; -his aunt had been allied to the Noble Earl, and if he had been his own son, - no conduct could have been more affectionate towards this unfortunate gen tleman than'tvas that of Lord Grantley. These feelings' alone had induced him to take 'an active part in this matter, and if his Lordship were satisfied that . Lord Portsmouth would be suffi ciently taken care of, and guarded by his own immediate rela tions, 1..0rd Grantley would be content. Ile did not wish to be understood as throwing out any imputations Against any per son, when he said that Mr. H. Fellowes, being unacqUainted with Lord Portsmouth, would act as an impediment to the pleasant performance of his office, as he felt convinced from the peculiar turn of mind of that Nobleman,-that if even the bord. Chancellor were to go down to Hurstbtirn, and Lord Portsmouth was impressed with the idea that he was there de jure, and not by invitation, it would so sour him that his Lordship would soon learn by his conduct - that he was by no means a welcome visitor. The Learned Gentleman then cited several cases, in which a course had been held similar to that prayed by this petition. The LOUD CHANCELLOR said he should not confirm any individual in the Cornmitteeship of the lunatic, unless he pro. posed to attend on him day and night, as the nature of the lunacy might be such as t o requ i re the presence of such a per. son de die in diem, from hour to hour, and even from minute to minute. He thought he understo o d the nature of the ease tolerably well, and from the observations he had thrown out, the Registrar would draw up an order which his Lordship in tended to alter with his own hand. So far from blame attach. ing itself to Lord Grantley, he thought great credit was due to hira for his exertions. French Russian PARLIAMENTARY PROCEEDINVS• lIOVSE OF COMMONS. Joris, 10° die .Aprilis, 1 823. ' Ito niAN CATHOLIC CLAlMS—Petition of Protestant Inha bitants of Ballinasloe, AGAINST ;to lie on the table. . TURNPIKE' time. Roarts—Winchester and Andover, Garstang and Lancaster , - I)tley and Sitipton, Kighley and Kendal,. and IVibsey Bank Foot.- - --Bills read a second time, and committed. Castleton- -. Petition of the Countess Grosvenor, complaining that notice of the application had not been given her ; to lie on the table. GAs:LtoitT—York—Bill read a second time, and committed. - Imperial—All to have Voices ; Members added to the Com mittee. . . I ) IPItOVESIENTS—Leeds and Mansfield RAVIN o—Knaresboyough . .ESTATE--Seers time, sad emir 1? Mtn ou R—.Brid port ' mitred. WA £ RW 0 RIC f.1.-.Skiptoll .1 • eau it cu—Huddersfield _ Bills read a second anst the Du- COAT; DUTlES—Petition from WhitethaPel, age' 4es on Coals carried coastwise. Uxioif Thrirs—Bill read a tiecond time, and committed for 'Monday next. MASTE AND SERVANTS—BiII to enlarge the powers of RS • •Jusoces in determining C omp l a i n t s between Masters and Ser vants, and between Masters and Apprentice; ordered. re- SLAVE TRADE—Bi II to consolidate and amend' the Laws slating thereto, ordered: .REbistitr or VEssEr.s—Second reading of the Bill deferrea till April 18, &c.—Holyhead and Howth—Bill to be read a. [ second time on Monday next. ORDERS of the DAY for THIS. DAY. 1, Church Rates (Ireland) Bill—Second Reading._ 2. Merchant Vessels Apprenticeship Bill—Third licauwir" 3. Supply--Committee. 4. Ways and Means—Committee. .• • 5. Turnpike Roads (Scotland) Bill--. Second Real' U. Military and Naval Pensions Bill—Cotomiue e: •Sweating Act Amendment Bill--Second Resalng~ NOTICES OF MOTIONS for THIS In DAY- t'"'' 1. Mr. Lushington—Miscellaneous Estimates. ( Commi • . of. Supply). 2. Mr. Gonlburn—lrish Miscellaneous EStilllateS• (In COrn mittee of supply). PItIVATE BILLS—SEcoNn READ ter field Gas 1411 t. INOS for ,lair, pAy. 1. Great Staughton Road 13. Ches Bristol Gas Light PR rcr: THIS DAY AT Bank Stock 2.061 3 per Cent. Red. 740 ex div. 3 per Cent. Cons. 4ll 751 3 per Cent. 83 11 Old 93 j ; ex div. 4 per Cent. New 95 . 941 951 5 pit' Cents. 1797 Rank Long Ann. ... 19 1-16th Imp. 3 per Cents. 951 . F - STOCKS ONE O'CLOCE• I n dia Stock ............ 231 India I3onds ............ 31i. South Sea Stock ............. Old Annu ities ............... 1 BiUs ............... 14 6 pr. Ditto Small ................... Bank for Act. ............... I n dia for Con. Acct. ...... r Cons. for Acct. ..• 7431 ft. 11 PRICE or FOREIGN STOCKS IN LONDON , AT ONE O'CLOCK. :, . . Five per Cents. 00 . ! .- ~... ' '..,:''''. {Six per Cents. 00. ' ~,,.: , '..... Five per Cents. (Metallic) vv. . •,, .. -. . Ditto New 724. Neapolitan f Five per Cent. Bon ds, 68 . '• . , 1 Scrip, 00. Atistrian Five per Cenni. (Metallic) Five per Cent. 'Bonds, 36. , „. . Spanish New Ditto, 28k. Prussian Scrip, 00 disc. Five per Cent. ponds, 79a. { Ditto New, 00. - , • ' i • 00. Danish Five per Cent. Bon ds, , .., Chili' . 66i.• .0 0 Colombian Six r Cent. Bonds, pe OF . . , . • Peruvian New loan, 00. marnin , . Bai a dE , S . hares_ £21.58... ~ . lute Auer . • American Six per Cent . 9 ° -99 * . Five per Cent. 03iii • Three per Cent. 70. • ' ,nil% HIGH WATER AT I O'NIDON BRIDGE TO-Wk. :!, g. ao,ininutes after 2.1 Even i ng, 1 E S UN. SOLEM QUIS DICE 111: EST SUM AUll.l:4' • - LONDON , _ _ FRIDAY, APRIL' ii, 182 2 1 . • ---• \‘' have received Bayonne --- . ing, from which the following are extracts :.-- " BAYONNE, APRIL 3.—We have no n rto fr ern Spain to-day. The Mail has probablY been, stopped by the Royalists, who are posted Bergara, and have had an engagement will' the t Constitutionalists, the result of Valid) IS, riot known; but it was probably of small inipertaeio; as there are but few troops of either party 1" that quarter. ZABEL:\ has made a movement'loo Abject of which appears to be to as hi s il , t Corps to the Army of the Faith, as soon as ' shall ,iappear on the Spanish territory• whether, eommaild Of General O'DoNNei,r. arrived here the Aar of before yesterday, doubtless to take the or"'' s en , °n the t y he wi papers this 111001. the Duke of ANGOULEME. It r emains Un der .be se en the twin that they do not seem tvell disposed te obo' dience. ; .1 hit'P cc Ave learn from Ir . ttii . that the Pelll' c—C , t Mor returnuexe cutotetlttheetniro,opfos:iti# of d the Spanish frontiers have had a meetioge' re , rages), to concert the final arrangements fo r moving all provisions, forage, cattle, carriage",or, and withdrawing the inhabitants into the le teri re , in order to leave the country bare. This me t 5 in fact, has already been executed lo Par-'beir private individuals have sent aw a y, at t at $ valuable effects, particularly provisi°n,litorY distance from the probable scenes of 1111 re ci res°' for operations. It seems that this want of is foreseen by our Commander -in-Chief' or measures are taken to send to the fr eflt jog visions and necessaries for the 'army ' '°° ' e ve th gong loaded with such 'articles are to lea d be r city to-morrow, andat least n e qual n -re . , e s 0 every succeeding day. The want of. on, ht th e P much felt, and those which have broug • e . h prI C toons here have been purchased at rata " ' se a P ss The pontoons have arrived here, bat, 11 as °e 1, t h roug h without stopping, he as park. f A rtl talions of the 7 th Artillery. The ° ootit , ills DO ; levy at Pau has ord ers to proceed te dice 1 The oos 011 to cover the erecti on of the briuge. " id wi ll " sion of AUTIC IIAMP , which it hi