The Sun. — London, England, 1823-06-06 00:00:00

'DIE LONDON JOURNALS. DAILY Extracts from the Morning Papers, June 6. [MORNING' POST.] In the absence of any. authentic information, it is natural at the present moment that specula tion should be actively engaged in forming plans of future conduct for the French, in prosecution of their iniquitous design against the freedom of Spain. It is generally perceived, 'ilia their oc cupation of the capital, so far from having any decisive influence on the fate of their criminal en terprize, is in truth no other than a most dangerous and perplexing, though an unavoidable crisis, in the guilty career of the aggressors. What is to be done next, is a question which every one asks, but without the hope of receiving a satisfactory answer. The most general surmise, however, is, that the French will, through the medium of the mock Regency they have established, endeavour to procure the consent of the different parties possessed of influence in Spain to the formation of a new Government, by compromising with the political principles of some, and corrupting the integrity of others ; or, in other words, that they will attempt to purchase for themselves a retreat out of Spain by a partial surrender of the princi ples which led them thither, combined with an unsparing application of that gross medium which is so seldom found unavailing for any description of purchase.—We trust, however,- that any at tempt of the nature we have mentioned, if such should be made, will fail upon this occasion. WO are quite certain that its success would entail upon Spain, so soon as her soil should be freed from the presence of the foreign foe, a new sac cessiOn of calamities and convulsions. Nor does this conviction in any degree depend upon the statute of the institutions to be thus established. For the permanent welfare of Spain, it is perhaps even more desirable that they should be the worst than the best of which her condition ad "bits. Let a Government he founded the most perfect that human wisdom can contrive for the promotion of human happiness, and still we are persuaded that from the very circumstances of its creation, it would, in the estimation of the Spanish people, contract a stain so deep and so indelible as to be for ever unfit to confer happi ness upon them. The wisest forms and the soundest principles would be polluted and desecrated to the imagination from the mo ment of their association with the memory of French tyranny and of French corruption. We should lament the establishment in Spain by means of the arms and the gold of France of any kind of government, because we would wish the present enterprize of the latter so tb terminate as to remain a memorable ex ample of the danger of injustice ; still more should we lament the establishment of a good government, because we would wish Spain, after getting rid of her insolent invaders, to adopt good political institutions for herself, unre strained by the moral and patriotic interdiction which would surround n hatever that invader had enforced. [NEW TI M Es.] Stocks remained quite stationary yesterday ; Consols at 81 : K, and Spanish Bonds at 37i. — As to the rumour of a Spanish Loan, it seems dying away ; and the notion of a Public Meet ing is almost as much scouted. When there is no such thing as an army that can take the field, on behalf of the Cortes, in any part of Spain—no magazines, no artillery, not even baggage waggons or provisions—and no money to procure any of these things, it really seems worse than infantile prattle to talk of supporting the Spaniards by a tavern subscription ! We every now and then see a Letter in The Times or Chronicle, signed A Spaniard, A . Constitutional Spaniard, or some such phrase, strongly urging the good-natured English to put down a little of their gold. This is not at all wonderful. All the Spanish agents; almost without exception, have been in arrears of salary ever since poor Mr., Bernales discontinued his supplies of money.' They therefore will be very glad to get the handling of the subscriptions. We however con tinue to hope that before the day fixed for the Meeting news will arrive sufficient to satisfy the most scep►ical of its utter inutility. ' [MORNING C/lIIONIcLE.] Notwithstanding our narrow escape, we can not help feeling grateful to our friend (Mr. Jones) . for the explanation which our observa tions on the vote of Tuesday night drew from him. We were naturally surprised, that even 102 men out of 198 cdtild be - found to defend the atrocious proceedings against Borthwick. But Mr. Jones, indignant that he should be supposed to approve of these proceedings, manfully stated in his place, " that he did not mean to say, that the proceedings against Mr. Borthwick were not unjust, oppressive, and illegal," adding, " that if the motion of the lion . and Learned Member for Caine had been confined to the persons who had promoted those proceedings, he would have voted for that motion. We have no doubt that Mr. Jones here spoke the sentiments of a considerable frac tion of the majority ; that, indeed, hardly any but placemen (of whom, as our readers will see from the list we publish, there was a goodly number) would have voted for the acquittal of Mr. Hope; but when it came to the visiting the sins of 'the.real offender, on-him who had merely con seated to father his offence, the mercy of the House interposed to save the Lord Advocate.— There is no question then; that if the party for whom the Lord Advocate made himself respon sible,, had been arraigned, the result would have been very different. This .circumstance naturally, directs our attention towards this fortunate Gentle man.T he Lord A d vocate has escaped because he was the offender,and he has escaped because the Lord Advocate consented to take upon himself the re sponsibility of the offence. Nothing could be better managed. There must be causes for this good understanding.. The Lord Advocate is emderatood to be brought forward to Gil his high office, as the partisan of an ascendant party in EdinbuPgh,,.connected with a Noble Lord: at the , head of the Admiralty. Ile is to bold the office till a young connexion of this Noble Lord can come forward and supply his place. This young protege, and relation of the Noble Lord, is the redoubtable Mr. H. When the trial of 13orthwick took place, this young Gentleman, the depute of the Lord Advocate, refused to obey his r. Lordship's orders, not to proceed with the trial. Would he have ventured to do this if the Lord Advocate held his office in an independent man ner ? No. In this case there would have been no appeal to the House of Commons ; for the Lord Advocate would have turned Mr. IL about his business, for disobeying' the instruc tions given to him—but it appears under the cir cumstances of the parties, the Learned Lord dared not do this. The young Gentleman is now Soliciter-General, and will be very shortly Lord Advocate.—A few years ago we recollect another job, created by the same party and the same influence. Sir P. M--, who was never a practising Lawyer, was appointed a Baron of Ex chequer, contrary to all usage, and in defiance of a report of Commissioners appointed to inquire into the Judicature of Scotland, which was published a very few months previous to the appointment. But it turned out that this individual required an addition to his income,and wits, we are informed, brother-in-law to the same Noble Lord whom we have before alluded to, which was the real justi fication of the appointment. At the period of this appointment, a division nearly as expressive as the present one took place. We hope the pride of Scotchmen will be called forth, and that a stop will be put to- such undue proceed ings in time corning. [BRITISH PRESS.] The last Charleston Papers, to the sth ult. contain official extracts from the Havanna!) Ga zettes, relating to Mexico, and confirm the in telligence we gave several weeks since of the ab dication of the Usurper of Mexico. The house of Iturbide, as Napoleon used to say, has ceased to reign. This upstart, who, amid the con- V11184)113 of his country, rose from obscurity to military command, and from that to su preme power, played the tyrant for his hour within the dominions of Montezuma ; but he is now precipitated from the station he usurped to his original insignificance again. Like Dio. nysius of Syracuse, Augustin the First has been driven from a throne, abd prayed to be allowed a refuge and subsistence in a foreign land. The fallen Usurper sought to negociate, in adversity, with the Liberating Army of Mexico, and asked to be permitted to arrange his family affairs, and retire to Jamaica; but his request was refused, and it was reported he had been poi soned, and his family consigned to a pri son. Thus has passed away the first Mexican dynasty since the conquest of the Cortes, and the death of Gaatimozin. From that period Mexico was a vast appanage of old Spain, supplying her with unbounded resources. She was one of the last of her colonies that deserted the fallen for tunes of the mother country ; but the ancho r that held her to Sp a i n i s p ar t e d for ever. Mexico is again free ; throughout the vast extent of the western hemisphere, from the falls of Niagara to the river of the Amazons, despotism is now no more. Trade and the arts, civilization and knowledge, will all follow in the train of liberty, and throughout those vast Savannahs, where countless herds of cattle only ranged for ages, the busy haunts and abodes of men will soon find a place. Bolivar himself was only a few years since a re fugee in Jamaica, where Iturbide prayed to be permitted to retire, and the illustrious Chief is now the head of the immense republicofColombia. Thus while confederated despots are leagued against liberty in Europe, in America freedom has spread its influence with gigantic strides, and bounds must be set to the aspirations and disco veries of the human mind, before any limits can be assigned to the future greatness and prospe rity of either America. 3101iNING HERALD!] A Meeting is to be held on the 13th instant, for the purpose of taking into consideration the propriety of the People of England subscribing money for the People of Spain ; or at least for such part of the Spaniards as are fighting against the French, whether Constitutionalists or not.— There can be no doubt that the English Govern ment was wise in having nothing to do with the war between the French and the Spaniards ; for. in our present situation as to income and expenditure—which, in all probability, the Ministry find it difficult to adjust, when they make up the accounts, together with the tre mendous annual liability of the National Debt, supporting which both Whigs and Tories appear to be staunch advocates—it would have been little short of madness had our Ministers, taken the advice of literary enthusiasts as to plunging this 'country into a war not only with France, but probably with all Europe, for the sake of the Spaniards. So far we rejoice that the Tories were, in the Ministry and not the Whigs ; for if we might judge from some of the speeches of the latter, it is very probable, had they been hi the Ministry when it was announced by some of our facetious contemporaries that " Prince Hilt" was on the point of marching into Spain, we should have had at least a naval war, which could only have been conducted at an immense expence—not that. it would Have answered any good purpose, inasmuch as ships at sea could not have stopped the march of an army by land.— But though the English Ministry could not with propriety have interfered, still the People or England may, if they think proper (and it would be good 'policy on the part of the People of England), assist the Spaniai'ds, U. the French conquer Spain, our h o ld o f Gibral r may be rendered precarious, or too expensive. And after the conquest of Spain, would not the French attempt Portugal ? And in the latter case would it be prudent for our Government to interfere ? And if the Government should not interfere, would not the French conquer Portugal as well as Spain ? And should they unfortunately succeed in both cases, what a blow would ,be given to our commerce, and what danger would our supremacy in the Mediteranean not be placed in? LITERARY' FUND. It was known to many of the. Gentlemen who attended at the late ,Anniversary Dinner of the Literary Fund Society, that the Report of the Registrars, which was read by Mr. BRITTGN, was not the composition which had been prepared for the occasion; but was a production hastily put together to supply the place of the original Re port, which had been withdrawn. On inquiring into the cause of this substitution, we have • • discovered that some expr ess i ons i n th e ori ginal document being regarded by the Managing • Committee as rather too strong, and as likely from their nature to offend the political sensibi lities of a few of the Society's expected guests, the writer of the paper was requested to alter the objectionable passages in question, or to assent to their omission, when it was read to the assembly. The writer not conceding to either of these re quests, his production was returned to him by the Committee. Having obtained the Report as it came from the pen of its Author, and, not concurring with the judgment of the Committee, we shall here give it in its integrity to our readers ; and, by this act, we. conceive that we shall promote the cause of an excellent and most beneficial In stitution. The REPORT of the REGISTRARS intended for the AN. NIVERSARY of the LITERARY FUND SOCIETY on May 21, 1823. At our last comatemorative Festival the Registrars thought it proper to makes Report of the proceedings of our Society dur ing the antecedent year to the Friends who united with us in the celebration : and that Report, as it was circulated thro ug h the Community, was not destitute of effect. It awakened the general mind to the useful beneficence of our agency : it brought closely to the bosom what before, perhaps, had only played round the head ; it showed the incidental cruelty of Fortune in her dispensations to literary men ; and it exhibited some of this superior class, who, fallen from the high walk of affluence, where they mingled with the great, had been approached by our Society in their distress, and had thus been assured that they still possessed friends who could appreciate their merits, and who would pour healing into their wounds. That year, indeed, to which the Report in question bore reference, was ra ther peculiarly saddened with the calamities of the literary ; and it is not without pleasure that we now prepare you fbr a Report of a somewhat less agitating nature. In the subjects of our present notice, we have none of the more affecting vicissitudes of , fortune to display to you ; or, if we have any of these stronger demands on your sensibility, they are the produce of a foreign land, where, far beyond the limits of our realm, but yet within the long reach of our beneficence, they are still to be found amid the troubled elements which are now conflicting in the po. litical atmosphere of Europe. It must not, however, be sup posed, that clueing the period within our imetediate contempla tion, our own Britain has be en unv i s i te d b y t h e di stress o f t h e intellectual and the literary; by the wretchedness of many of her superior offspring, who, grasping at fair Fame through the press, have clo se d their e chi ll ed arms on the deformity of Want. 'Since we were last assembled in this place, the claims upon us have been numerous ; end, pondering them with that deliberate judgment, which is exacted from us by our consciousness of high responsibility, we have awarded to their justice as large a proportion of our intrusted funds as has ever borne witness, within the same compass of time, to the fidelity of our steward. ship. But the cases, which have come under our cognizance in the present year,. are more considerable, perhaps, in this ag. gregate than in their individual magnitude ; and our largesses have flowed, as they have been wanted, rather in many rivue lets to support the growth of the plain, than in those fuller streams which are required to reinfuse life into the blighted trunks of the forest. It has been said,.indeed, that the more lowly vegetation of literature and the press is unworthy of our, care; and may even, without disadvantage to the com mon weal, be destroyed in its embryo, or be permitted, as it springs up, to perish beneath the severity of the blast. But the result of communicated intellect is great and beneficial beyond the nice accuracy of calculation. The literature of a nation is formed by the intercourse and traffic of its minds. It is a joint stock supported by unequal contributions ; and there is not, probably, a writer, whose pages can struggle into the world, who may not, in - some &glee, be regarded as a subscriber to the general fund. This observation, however, is made witho u t any especial referenc e t o our beneficiaries in the year which is aft completed ; for most of these have been men of note in the literary republic, and some ofthem have been distinguished by their genius. The Author who first opened to us the view of a great empire in that continent which is unvisited by Win ter, has been assisted by us in his distress ; and our timely aid has enabled hi m t o exten d h is investigation into that interesting portion of th e eart h, the recesses of which, defended equally by the desolation of nature anti the barbarism of man, have hi therto resisted the penetration of our science. The Veteran of Literature, who has illu s t rated the globe, who has unfolded the antiquities and has dis played the transactions of nations, has, ,in indigence and age, been refreshed with our comfort. The Youth, with whom the Muse hell dalliance as he was tending , his master's sheep illumined spispirit,fold, has experienced'ur necessary liberality; and to another who, nurtured alike in poverty, has aspired with success--yes! with not doubtful success, to tering n i b n e e n e e s li i c v e c n i . the same e th er i a l i ntercourse, we have extended the same fos- In al r fo e llo posi w ri e g d t i t pgessdesussorr, hbaseyodnrdoptih)eedgrainvbe instances our r es p ec t fo r liter a ry merit has n the orphan. O n a ll t h ese cases, however, though we might o ; t1 n a n t y d o w n h t e h n e h w e i d h o as w b a e n e d n dwell on them with honour to ourselves, and be assured of the association of your interest, w e d eem it 'to be necessary only to glance. But for the cases wbich we shall now bold out to you in more specific delineation, we will solicit your more particu lar regard. The cases, indeed, themselves need only to be shown to obtain admission to your, hearts. A man of high birth, and the head of an ancient house, has devoted his acute and investigating mind solely to the prosecution of science ; and his powers have prevailed in the pursuit. The discoveries effected by his scientific research, with its direction altogether to utility, have been in many i nstances beneficial to the com munity, and in many have been th e sources o f wea l t h t o indivi duals. To himself alone they have been unprofitable: for with a superior disdain, or (If you please) a culpable disregard of the goods of fortune, he has scattered around him the produce of his intellect with a lavish and wild hand. If we may use the consecrated words of an Apostle," though poor, he has made many rich," and tho ug h in the immediate neighbourhood of wealth, (for his family is wealthy,) he has been doomed to suf fer, through a long series of laborious years, the severities of want. In his advanced age, he found an estimable woman, in poverty, it is t rue , lik e hi mse lf, b ut o f a n uns potted character and of a hi g h t h oug h unt i t l e d family, to participate the cala mity of his fort u n es; an d w i t h h er virtues an d p r udence, assist ed by a sm a ll p ens i on which she obtained from t h e b enevo l ence of the Crown, she threw a gleam of light over the dark decline of his day. She was soon, however, torn from him by death ; and, with an inf a nt whom she bequeathed to him, he was not only abandoned to destitution and distress (for the pension was extin guished with her life), but was doomed to lie on the torture of the mind, and to feel, with poor Lear, .that thanklessness of children is sharper than the tooth of a serpent. To this man, thus favoured by nature, and thus persecuted by fortune, we have been happy to offer some little alleviation of his nor. rows 5 and to prevent him from breathing his last under the op. pressive sensation of the ingratitude of his species. The cases to which we have hitherto advertedeire more im mediately our own, as they are of our compatriots , the natives of our natal soil. But the cases which we are now to produce to you are of alien birth, and belong to a mighty people, who, deriving their strong lod from a log ancestry of renown, and feeling the Celtiberianb, o the Roman, n end the (loth, in blended animation at their hearts,. are, at this moment, arrayed to con tend, or, to speak more accurately, are at this moment in ac.. tual conflict for their dearest properties, with the legions of confederated despotism. Our beneficiaries, in short, are Spa niards—of a people geographically disjoined from us ; but, at this solicitous an d eventful crisis c l ose ly grappled to our bo. sours by an identity of cause, by a kindred valour, by that en thusiastic yet intelligent and steady attachment to liberty, which has placed us and our Atlantic progeny at the head of the nations. Not dishonouring that celebrated land from which they sprang, the two literary worthies whom we are contem plating, and whom, from the similarity of their fortunes, we shall link t oget h er i n our Report , h ave distin g uish e d th em . selves by an exhibi t i on o f m i n d su p e riorly splendid ; one as a ;elves writer, and one as a philosophic historian. The dra mas, of the first of the s e remar k a ble men have not been nu merous, but by hi s countrymen , who are the.best qualified to determine on th e i r mer i ts they are adjudged to be with the foremost in the-for emost Class of excellence, and are regarded as raising the Spanieh stage into competition with the stage of France, even wh en the stage of France was upheld to the ad. miration of all Europe by the genius of Illohere. The intro. duction of this great name, for the illustration of our subjixt, will immediately suggest that our Spanish dramatist wears,the sock and not the buskin and follows in the train of Menander. and of Terence. His delineation of character is exquisitely fine i anti he merits the rare praise of never descending to but'. foonery, or of seeking aid from the excitement of the corrupt passions. By an accomplished judge, who has witnessed the representation of his pieces, we have been assured, that he has thrown agitating laughter through the whole extended theatre, without once touching the most sensitive cheek' with a blush. The Historian of his country and her institutions filled, at one time, a place of high dignity in the hierarchy of bis church : but the energy of his genius, bursting the fetters then mposed by the Inquisition on the intellect of his countrymen,brolce out on every side in power, and seized at once on all the strong holds of priestly domination.i He dissipated the darkness which for centuries had covered the Inquisition; and he dis closed to the public eye the full deformity of that horrid tri bunal, on which sate the pretended assessor of the Holy God, with eyes hard with pride, hearts swelling with cruelty, and hands thick with blood. Ile durst even to invade the sanctuary of the Vatican, and to expose the worldly policy which worked in pollution under the consecrated shadow of the triple crown. When-the overwhelming power of France, in its first rush, had placed the brother of Napoleon on the throne of Spain, our two illustrious authors were invited into its service by the sagacity of the new Government; and, conceiving at once that the cause of their country was hapless, and that their sphere of usefulness would be enlarged by their accession to office, they accepted of the 'stations which were offered to them. To these stations, however, they carried their Spanish hearts; and many a Spaniard were they fortunately enabled to save from the revenge or the jea. lousy of the alien usurpation. But their submission to the French sceptre, bow justifiable or even praise -worthy so ever might have been its motives, was fatal to their fortunes.— By their rightful Sovereign, as might be expected, they were branded as traitors ; and, the sentence of the Monarch being affirmed by the stern patriotism of the Cortes, they were de spoiled of their entire p ro p ert y, an d were driven, with their grey hairs, to linger out their day . s in beggary and exile. France was their place of refuge ; and, in that country, as they were l i contending with distress, our beneficence most happily found them.. To one it gave temporary subsistence ' • and to theother, when, in subserviency t o P apa l vengeance , lie had been ordered, by the ruling powers, into second exile, it supplied the sole means of flight to his regenerated Spain—to his own dear land; which our bounty, indeed, enabled him to reach, but which his destiny did not permit him to enjoy ; for there, in. duced by the toils of his hazardous and impeded travel, Death speedily overtook him, and terminated for e ve r th e ma li gn i ty of his fate. These, Sirs, are some of the most prominent and striking Cases which have demanded our assistance since we last met you at our annual commemoration. Within this period, the whole number of the cases, to the claims of which we have as sented, has been more than fifty ; and each of them has not been without its peculiar interest. But at a meeting of this nature we are limited by our time to a selection from our stores of woe ; and in obedience to a controulling principle, as you all know, of our conduct, we can intimate only, and not broadly disclose, the subject of our relief. We can . , in fact, point only to a sha dow, to ascertain to you that there is a substance, from which, under the incidence of light, the shadow is projected.— , We wish, Sirs, that we could do more. We wish that we could at once read to you the simple but areeting records of our minute-book. We wish, above all things, that we could sum mon our beneficiaries personally before you ' • that, as your gaze was held by the interesti ng gr o w e , we could bid you mark the deep brow of thought over-shadowed by affliction : the ardent eye of genius with its fires half quenched : the cheek of youth faded by disappointment : the old age of nature anticipated by sorrow,.or made more hoary by the fallacies of hope : the lip just rising to solicit, but withheld by a consciousness of supe riority, and a pride not to be condemned. Such a spectacle— and such a spectacle would be presented to you s if our benefi ciaries could be submitted to your view--such a spectacle would plead for us with power. In its silence would be eloquence be yond the attainment of our weak tongues :—eloquence which would excite every generous feeling in the heart :—eloquenc e which would set passion on the side of patriotism and justice : eloquence which would draw you more closely to that enlight ened band ? which had imparted comfort to those votaries, or rather victims, of literature who were then fastened upon our sight; and had told them, that they had not b ene fit e d or adorned the world of man to be thrown altogether from its re gard. But such an appeal to your sensibilities is Trot permitted to us, and we must be contented with making an unimpassioned reference to your understandings and ,judgments. We rely on to ou r reproach p own roa di bosoms yourselves t o determine,for the fulfilment the te st i mony of our consciences for the good which we have effected or intend e d to effect. We feel that we have been faith ful to o ur d ut i es ; and we must remit you to the sentence a whetheroyrodulea n re eg to lt of applaud yours.t)r C. S. LAW INTELLIGENCE, V at E ed NT•GA b ß il D li E lad N b T e l e i n E fi A ie T d ß b COURT OF CHANCERY, JUNE 5. Mr. HART St C° CONST theirs ARRIS AND OTHERS. y E lgr. Const in this case, as the owner of an Bth share of Covent. Garden Theatre, ,against the owners of the other 7-tithe, the object of which was to oblige the defendants to carry into effect the provisions, cove nants, and agreements, of the deed of March 9, 1812; and to have a receiver appointed to take the rents and profits of the con cern, and apply them to the payment of those debts and expences to which the property was primarily intended to be applied. —The defendants demurred to this bill, on the ground that all the parties interested were not named. In the bill it was stated that White constituted Harris and Trotter his executors, that was sufficient (Mr. Hart maintained) to main-. tain the suit; but the bill further stated, that White be queathed his property to his two daughters, and their rights be came vested in their husbands by virtue of marriage; yet it was alleged as a ground of demurrer, that the wives were not named in the bill. The Learned Counsel combated that ground of demurrer, by arguing that it was unnecessary to name the wives, as their property on their marriage devolved upon their husbands. Another allegation was, that Mrs. Mar tindale had made a will constituting the plaintiff her executor, and that by her will she bequeathed her property to him for life, with remainders over; and the bill omitted to mention the parties entitled to the remainders. His Lord ship had certainly intimated his opinion that that was a good ground of demurrer; but he (Mr. Hart) respectfully con tended, that it was enough that the pleeptiff was men tioned as executor, for in that character he represented ' all the legal interests as vested in hiniself. However, it was not very material, as he (Mr. Hart) had understood his Lord. ship to say, that notwithstanding these demurrers, the motion might still be heard. The Learned Counsel here contended against the principal that a demurrer should be allowed to all the proceedings in the case, which might be attended with most mischievous consequences if it were established. Taking it now as a case in which he was at liberty to proceed on the merits, the question was, whether or not the plaintiff was right in saying that the defendants should not do what they were at present doing. As this case did not turn simply on the affidavit of the plaintiff; but also on the joint affidavit of the three defendants, it was his duty to go through the latter ; for if he had no evidence of his own, there was enough in their affidavit to entitle him to an injunction. The Learned Counsel then proceeded to read the deed of the 9th of March, 1812, executed by and between Thomas Harris of the first part ; John Philip Kemble, now represented by Charles Kemble, of the second part; George White, - now represented by his executors, of the third part ; Ann lilartindale, wife of John Martindale, standing by virtue of the deed of settlement, in die situation of femme sole, of the fourth part ; her husband of the fifth part ; Henry Harris of the sixth part; and John Brandon of the seventh part. This last party was appointed a species of trustee, for the partnership purposes. After stating that considerable debts had been con tracted by rebuilding and fitting up the theatre, it set forth that several bonds, as appearing In the first echedule,'had been en tered into by the co-partners, in which they were jointly and severally bound for themselves, their heirs, executors, and as signs. They agreed for the regular payment of these bonds out of the proceeds of the theatre, and that the treasurer for the time being should be irrevocably directed to make such appli. cation of die monies he received as was thereinafter specified. —They covenanted that the Treasurer should be irrevocably directed to appropriate the money received for the admis. sion of persons into all parts of the theatre except the pro. prietors' boxes, to the payinent—lst, of the performers and of the current debts and expense* of the theatre; 2dly, to the pay. men t of 1,0001. to Mr. Copland ; and :idly, to the payment of the several bills of exchange and sums of money which were secured by bonds, until all Should be paid ; subject to a Proviso therein named. They covenanted that they would not interrupt any sum coming to the treasurer in any w a y co nt rary t o t hi s indenture; or in anywise obstruct the payments to be made by him. The deed contained other covenants for similar restrictive purposes ; and one from Mr. Brandon, binding himself to ap. propriate the money as directed by the deed. In the first schedule were set forth bills to the amount of 21,0001. • in the second, bonds amounting to 49,0001. ; in all 70,0001. debts to he pro vided for. The bill stated, that in addition to the ordinary profits arising from the admission of persons to witness the performance, several large rents were received : as„ for the fruit-room 500/. or 600/. per annum ; for letting the house for the performance of oratorios ; and for the Piazza Coffee-house, which was let at a rent of 500/. per annum, &c. It stated the death of Mr. White, the death of Mr. Harris, the assignment from John .to Charles Kemble, the will and death of Mrs. Mar. ' tindale, and that the plaintiff was her executor. It proceeded to state the disputes which arose between the parties in 1821, their refusing to allow Mr. Harris any longer to remain in the exclusive management of the concern, and the agreement to farm the theatre in 1822. This arrangement the gentlemen IT) ade' between themselves, by which all contreul over the affairs of the concern was vested in the three persons who had' put in the demurrer, Messrs. Nl'illet, Forbes, and Charles Kemble. In consequence of that arrangement (Mr. Hart continued) the first step they took was to discharge Mr. Brandon, who had executed a bond for 10,0001. to secure the application of the money to the payment of the debts, and appoint another to his situation, of whom he would only say, that he was not known to be sufficient security, nor was he bound by . his bond Personally or otherwise as the other was. In violation of the deed, Mr. Harris had been paid 1,9971., which they explained by saying there was a mistake in the entry of the payment, and that Mr. Harris had a demand against the theatre which ~ he set off against that paym e nt. Anoth er a ll egat i on was, that - Messrs. NVillet, Forbes, and Kemble, p erm itt e d Mr. Harris to take those r ents w hi c h belonged to the united fund; viz. 600/. . - for the fruit-room; 630/. for oratorios; for private boxes a sum not mentioned ; and 6001. for the coffee-house. The bill pro ceeded to state, that for the period of a century past a usage prevailed between the co-partners, that the treasurer, every morn ing after a representation, should draw up an account, stating • what number, of persons had entered the house for payment, and what without payment; thereby, in addition to furnishing the means of ascertaining the extent of gratuitous admissions, re cording in right of every . person interested in the concern, a series of documents against the treasurer, whereby the ac counts might be settled in cases of calamity. However, in January last, these gentlemen thought proper to order these ac counts to be discontinued; but directed the treasurer to tell their co -proprietor, that he was at liberty to come and examine the accounts whenever he chose. These facts were stated in the affidavit of the plaintiff; which he need not repeat; the result of them was, that he had a right to assert, that un less there was something to set aside that deed, all the parties were bound by its covenants, and were not at li berty to deviate from them. His irdship would be sur• prised to hear that these gentleman stated, that until the filing of this bill, they were ignorant of the existence of the deed of 1812; but even though that were true, still it did not render that 1 deed unbinding. Another singularity was, that neither Mr. Harris nor Mr. Trotter, the representatives of White, made any affidavit at all. Perhaps the surprise that this occasion. ed would subside, when these gentlemen came to explain what their conduct had been. The three gentlemen who made the affidavit, swore they verily believed that that deed had not been acted on for a number of years, but had lain dormant and. a dead letter. They then went on to state the sums by which the debts had been diminished ; the disputes that existed be. tween the proprietors for several years prior to 1820, as to the mode in which the concern was • conducted ; the several discus sions that took place since the death of Thomas Harris, in the years 1821 and 1822, relative to the arrangements to he made, at one of which the plaintiff was present, and all of which were communicated to him ; that lie was invited to be a party to them, but he declined, saying th at h e wou ld not join in any act whereby lie might render himself personally liable for any thing beyond the assets of the testatrix. They could not, Mr. Hart said, insist that these arrangements were to hold be cause he dissented from them; it was because they proceeded with their arrangements, notwithstanding his dissent, that he came to thii Court. He then proceeded to observe that, although they paid off the greater part of the 70,000/., they had done so by contracting other debts to the amount of 69,0001., so that they were in the same state with respect to debts as they were in 1812. Mr. HEALD said, there were other debts before the bills and the bonds to the amount of 70,0001. more, making together -140,000/. Mr. HART said that did not appear in any part of the affidavit. Mr. HEALD—The plaintiff knows it. Mr. HART—Where does that appear? Mr. HEALD—We charge it. I now say so. 111 r. HART complained of these interruptiors. Mr. HEALD said he would, then, in future take a note of any inaccuracy in the statements of Counsel, and not set him right till after he had sat down. In this case he had interrupted his Learned Friend, lest his statement should go abroad before it was explained. Mr. lIART.—Then it was on account of the Newspapers that the interruptions took place. The LORD CHANCELLOR observed, that the rule of the Court certainly was for counsel to proceed with his statement, and then, if he had been inaccurate, for the other side to con tradicte:tensthidee rerttlahese of the dthbeeen Court inco incorrect. It accountlt wreisf Mr. HEALD did not care for the Newspapers one sixpence, proceeding was legal, let it take its so far as he was concerned; but he wished to know if in a c th o he u st rs Nlni e7 h i ni l h n ar o P:. t esh , rsker th teh er hrl f fu w th as ei a r nother place to resort to for redress. ofe to Counsel lay d until own a he ny formal rule upon this subject ; but if he were to say any thing, sat fu ture Tdh l e i r e wa s m ( s mt n:t it would be that Counsel should not interrupt. The apology . i l n ra g t the made for every interruption which he remembered was, lest C7A:C eC E t T t . h L e Oß mi d s : t n en ot len li t k ''' an impression should go abroad." TAfirie .f i i ,EoiAsn y na p o pc ve riooi c A o; o e c c iz t v ed itao S t r nh r .e_ S h a Tas in h u se e tra d eted ß is. ou n r o illy do s u to b p t p - t Lordship going out of Court for a similar . purpose. statement 111 r. HART.—IIIy Learned Friend knows, that if I am mak. ing a mistake, a whisper from him will be sufficient to make me correct myself. Mr. HEALD.—I have never raised my voice until I have found my whisper to fail. Mr. HART then proceeded with his statement. The defend.. ants alleged that it was agreed that a clear rent of 12,0001. which would not be liable to any uncertainty arising from a good or bad season, should be received for the theatre, and be appro. primed to the payment of the debts; but that being dissented from by the plainuff, they agreed that the other severi-eightlis should be leased at 10,000/. per annum. In pursuance of Which, articles of agreement between Henry Harris and the deponents were entered into in March, 1022, by which it was agreed that the whole property should be vested in James Harrison, of Lin. coln's-inn, Esq., as trustee, at a pepper co r n r ent , in trust that 1 a lease be ,matte to Henry Harris for ten_ years, from August 1821, at the clear yearly rent of 10,500/. The object of this de.. mice (Mr. Hart contended) was to put these three gentleman. into the exclusive and unqualified controul of the property. They provided that this rent, together with Mr. Const's share, should be paid to Mr. Harrison, obe applied by 'him to the paym e nt o f t h e expences, ' debts &c. &c. of 1 the theatre. Mr. H arr i s was to receive 1, 1 .100/. a-year, . ; and the rest was to form a sinking fund for the payment of • ' 1 the debts. In point o f f act , M r . Harris had appropriated 1,3001 a-year for a year and a half to his own purposes. The Learned Counsel then detailed the various forms in which the I accounts of the theatre had been kept with their banker, Mr. • Stephenson, with a view to the exclusion of any participation . on the part of the plaintiff. He next read a passage from the .. defendant's affidavit, which introduced an abstract from a letter of the plaintiff's, intended to show that his ground of dissatis faction '1 was his receiving no present income from the theatre: - even if that were so (%Ir. Hart contended), it was no answer to thecthenounwt treasurer'siitedt ha was oarnateesrgydthatdh proc e ed in ga vtt 01es tilikel proceeded e re sto n st accounts t o e n o b a f il amwr vt e h g a see e ,dailuirifi thato)ra I:. r nrcs t r l n e fss d ett I I.r reports t i p s e c a or part oTn heelnot i 5.... his grounds ofqy, ut he insisted it bore no such nuance of ce H of e tern, ia ge r n abroadet that a c o t the case, when he was interrupted by -. 1 The LORD CHANCELLOR, who said he was obliged to go away for the purpose of attending a Committee. CIRCUITS OF THE JUDGES.--The Judges yesterday made the selection of tho- Circuits—Norfolk Circuit, Chief Justice' ABBOTT and Justice RICHARDSON.— Home, Justice DALLAS!, and Baron GRAHAM.—Midland, CHIEF BARON. anti Baron. GARROW.—Oxford, Justice PARE and Baron HymmcK.-. Northern, Justice BAILEY and Justice HOLUOYD.—Westerut Justice BURRO' on and Justice BEST. . BIRTHS. On the 10th of April, at Zante, the Lady of Philip James Cheep, Esq., Consul-General for the Mores, of a bon. On the 4th instant, the Lady of the Rev. John Coles, of MII. land-house, Sussex, of a son. AIARRIED. On Tuesday last, at Shiffnall, Salop, James Bucknall, Esq. Fellow of the Royal College of Surgeons, London, to Mary Charlottei fifth daughter of Lewis Pingo, Esq., late of the Royal Mint. On the 4th instant, at Beckenham, Kent, the Rev. Thomas . Price, M.A., to Elizabeth Margaret, eldest daughter of Henry Teape, Esq., George-street, Trinity-square. DIED. On the 30th ult„ Harriet, the wife of Charles Piesse, of Lisson-grove North, Mary-le-bone, and the mother of sir children, who are left to deplore her irreparable loss. On Friday the 30th ult. aged 24, of inflammation in the bowels, which terminated his existence, after an illness of thre days only, at the house of his brother, Henry Jepson, Esq., of Hampton, the Rev. Charles Jepson, A. B. late of Trinity Col lege, Cambridge, Curate of Wuslungburgh, near Lincoln, and youngest son of the Rev. George Jepson, Prebendary of that Cathedral. The deceased was admttted to Priests' Orders by the Lord Bishop of Lincoln on the preceding Suuday. At Gos, on the 24th of December last, Capt. -Thomas Fair, lith Madras Native Infantry. On Friday last, at Chadacre Hall, Shimpling,Sufolk, in the 69th year of his age, the Rev. John Piamputi M.A. Rector of Whitfield and Stanstead, Suffolk, and formerly Fellow and Tutor of Jesus College, B.A. 1776, M.A. 1779,—The Rectory of NVhatfield is in the patronage of.thuMaster and Fellows of that Society. Printed and Published for the PROPRiCTORS, at•the SUN. Orric*, 112, Strand,' J. B , e ARSTMU.