The Sun. — London, England, 1828-02-02 00:00:00

ten to One in their favour. The Tory. Papers are, in fact, confined to the agricultural district s , and are chiefly supported by county advertisements. But wherever there is a dense population, the News papers are liberal ; and, in fact, the middle orders are nearly all in their favour. Bttt the. Whigs act as if they Were unaware of this. But . ' they who wish the end should 'wish also the means. The Press dare not desert those who do their duty to the people ; and the people are too enlightened in the present day, not to be able to distinguish between their real and their pretended friends.—Morning The Cblnch of England. comprehends somewhat betwee n one-third and_ one-fourth of the inhabitants of the United Kingdoms ; but, strange to say, those constituting this fraction of the population, are the only persons admissible by law to offices of trust under Government. The Dissenters of Eng land, as well as the Irish Catholics, and the whole Scotch nation, are a sort of half-aliens. The Dis senters and Scotch, it is true, are only stigmatised as unworthy of admission to offices under Govern ment, for in practice they are admitted to serve their country, and condescendingly screened by their superiors every year from the consequences of vio lating the law. Orthodoxy is an excellent thing no doubt, and if the Church.of England can bring over all the people to a right way of thinking in spiritual matters, so much the better. But if the Dissenters' are as good citizens as their-brethren of the Esta blishment---nay, if, as was attempted to be shown some years ago, by a Mr. Israel Worsley, we owe to the Dissenters the establishnient of almost all our successful manufactures, that is, all which give us a superiority over other nations, there seems no good realion why their notions with respect to another world should be made a handle for oppressing them 'in this. We trust the Dissenters will see the ne cessity of making common cause with the Catholics, with a view to' obtain the repeal of the laws which seek to humiliate and degrade them. The Test and Corporation Laws, and the remnant of the Penal Laws, rest on the same foundation. The Dis senters suffered themselves to be excluded in their anxiety to exclude the. Catholics from power ; and as long as the enemies of both can keep them di vided, neither will succeed in the oltect of obtain ing the repeal of the obnoxious laws. We believe both the Dissenters and Catholicsate,, now fully aware of this truth, and that, with the exception of a few men who may be said to dream rather than live in our times, retaining the prejudices of their great grandfathers, the Catholics and Dissenters perceive that they have one cause and one enemy. We have heard, from what we consider good authority, that it is in contemplation to attempt a Bill, incorpo rating the claims of the Catholics and Dissenters, and that the Miirquis of Lansdowne, Mr. Spring Itice, and other individuals enjoying the confidence of both, have expressed themselves strongly in fa vour of such a measure. Lord Rossmore, whose powerful speech at the Meeting of the British Ca tholics created so great a sensation, has also warmly ' recommended the measure.—lbid. It would be seen, by the debates in the Lords on Thursday, that his Majesty's Ministers do not intend to bring in a bill to alter the laws, that affect tin Catholics. This disclosure, on the part of the Duke of Wellington, accounts, we think, for the dissolu tion of the late loinistry. .Buf probably . the Minis ters wait to see what sort of propositions the Catho lics themselves will make, before they decide on what they mean to do. It is not impossible but that, if the Catholics should ask for something of a reasonable natures—something would be done to re lieve them, something that should admit Messrs. O'Connell and others into Parliament, and the highest offices in the State. In fact, all that the Ca tholics want is an alteration in the present oath, — which oath, in order to enable any man to take his seat in Parliament, is to the. effect thit 44- the Cacho- lie religion is idolatrous and damnable." This is the sum and substance of what by the Catholics is called a denial of civil and religious liberty and certainly civil liberty is denied, if by civil liberty is meant a denial of the competency of Catholici to become Members of Parliament, &c. As to religious liberty, the Catholics cannot pretend ►hat they want that. We would recommend them, in their speeches, to leave out the word "religious," when they use the phrase " civil and religious li berty," for they, in common with everybody else in the United Kingdom, have a complete liberty of re ligious worship. And, as it regards civil liberty, the great mass of the Catholics arc no worse off than the great mass of Protestants; for.to how very few Protestants is either the Parliament, or the highest effiees in the law open 2- But then the Catholics say, if you have a , lottery with a few prizesdou should make us eligible to the prizes'as well as the blanks. There may he something in this.—Morning Herald. Mr. Brownlow said the other night. that two thirds of the people of Ireland were unemployed. Then why do the Irish landlords absent themselves ? Why do they not reside on the demesnes, and employ the people, and spend what money they receive among them ? Why do they not give these unemployed people some of the uncultivated land, of which there is plenty in Irehmd, to cultivate 'as their own? Or why not let them have it at little or no rent? 'Why wall in th e ir e xt ens i ve d emesnes , and not suffer a person to walk through them without I.!ave, or to pick lip so much as a loose stick to b ith ? Why are such mountains and bogs unin h tbitcd ? because they will not let the poor unem- Plevel live on or cultivate theta. Supp ose , an absentee, possessed of 50,000/. a-year, lived on his demesne, and spent his 50,000 i. a-year among those who paid him his rent, would not that expenditure alone cause a village or almost a town to arise ? And yet, for the want of such expenditure, no vil lage or town does arise ; no middle men, as grocers, bakers, butchers, fishmongers, ironmongers, &c. &c.; if the 50,000/. a-year be spent in France or elsewhere it is no wonder that in Ireland there should be a w int of villages, towns, and middle men. In all pats of Ireland we have seen extensive demesnes walled round, into which no one could enter without an order from the owners. We should say to the Irish orators, " Live at home, and spend your money at home, and be the cause for the ri:e oi middle men, aid see raised around you towns and villages. Do this, and lOse not your time, your money, your repu tation, your honesty, and health, in either Paris orl London, at such places at Crockford's. Do this, and then Mr. Brownlow would see whether two thirds of the people of Ireland would-be long unem ployed."--/bid. : We have alw ays b een . ed to consider that it was one of the pri nc i p l es of t h e Constitution t h at the appointment of Judges was vested in the Crown as a pledge and the responsibility that none but comp& tent persons should be in situations to dispense the laws, on the due execution of which the lives and liberties of so many of the _dependS. King's subjects If the fact, however, were inquired into, it would be found that nine-tenths of the persons tried for crimi nal offences have their cases adjudged by persotts over whose appointments and. whose competence tlif Crown has no control ; and we believe it wou ld alsp .turn out that no small proportion of the apPlicatiotis which are made to the Crown, through the Secre tary of State for the Home Department, for the re versal or modification of sentences, is from the ad judications of persons who ought never to be J u d ges at all. In corroboration of this opinion we need only appeal to the multitude of prisoners tried at the dif ferent. Quarter Sessions throughout the kingd om , b , what are call e d th e Ch a irman, chosen by the M ag c_ strates, and by the different Recorders, of the nume rous borough towns, many of whom are appointee for mere election purposes. Strange to say, too, in the very metropolis of the empire, the same, if not a greater proportion of the criminal cases, are tried by persons over whose appointment and competency the Crown has no manner of control. In the me tropolis, where, generally speaking, the most imporr tant criminal cases occur, much fewer criminals are tried by the T iv elve Judges thanin any other county of the kingdom ; while a great majority are consigned to the adjudication of persons nominated by th e Common .couneil of the City of London. Without meaning in any degree to question the competence of persons so appointed, we cannot help thinking that the whole of this practice, both as regards the City of London and the Recorders and Chairmen of the Sessions throughout the kingdom, is one of those anomalies and abuses, which those who are taking in hand the reform of the Criminal Law would do \yell to.pay attention to. It seems a monstrous absurdity that a few tinkers and tailors, or the Parliamentary patron in a borough town, should be empowered to name a judicial officer, vested with the highest pre rogative of the Crown; and still more so, that a cor porate body, famed for no mighty share of wisdom in its own Contracted sphere, should be able to ap point the Judges to_preside over the criminal cases occurring in Middlesex and Westminster, to which their charter, beyond the election of She riff, in no respect, extends. At present, the attendance of Judges at the Old Bailey Sessions seems little more than nominal. Though three of them, it is true, - attend each Session,- in ro tation, they seldom try more than one=tenth of the prisoners ; while the rest are tried by persons very competent, probably, • to the duties they undertake, but deriving their appointments from a quarter which does not give that assurance to the country which it would receive were it derived from that source which can alone be looked up to as conferring au thority, and ensuring due responsibility on so mo mentous a subject. But if the practice we allude to is objectionable in the metropolis, how much more so must it become in the provinces, where, removed front the seat of Government, and that watchffil eye which the Press keeps over abuses, • even Justice 'it ,:elf may run riot if so inclined ? Though we are' no advocates for,extending the influence or the, patron age of the Crown unnecessarily, we cannot help thinking that it would add greatly to the improve ment of the criminal law if no one were allowed to exercise its highest judicial functions without a di rect authority front the Crown hell. , If there are not Judges enough to perform the King's service, let more be appointed ; but do not let us see their places in the country supplied by 'the mere nominees of the Lords-Lieutenant and great landowners, .or in the. Metropolis by the Caprice of the Middlesex Justices, or the Absolute Wisdom of the not .very wise Co rporation: of the City of Lon don. --/bid. Lord John Russell has given notice of a motion, on the 21st instant, for the repeal - of the Corporation and Test Acts. It is not becauseour fears of his powers of conviction are very alarming, that we ad vert to this attack on the integrity of the Church.— We believe the House is not disposed to be corn-in-. ced, and we know that the country will not be per suaded, by any arguments or exhortations which he, and those who think as he does, are capable of em ploying, to over th row one o f th e bulwarks of our Establishment. But we think the best way to meet this, and all similar attempts, is by fair, open, and undisguised opposition in limine, to show those who make the, attempt that they can as little hope to steal.upon us by surprise as to beat us down by force.* Wlien observing on the petitions for the repeal of those Acts last year, we said that it would be to us a most strange state of affairs to have a national church, and, at the same time, to grant to it no distinctive preference. We are still of the opinion that to keep up the form of an- establish ment, while no preference should be shown to its adherents over those who are its most inveterate foes, would be a most grievous absurdity. If the politicians who move for the repeal of the Test Act would speak oat—if they would honestly confess that their design is ,to destroy the Chinch of Eng land—we should know how to encounter them. But while they are labouring heart and hand for that ob ject, they are offering up, at the same time, the most zealous lip-service to the purity of her doc trines, to the dignity of her service, and to their perfect accordance with the sacred volume whence they are derived, and with.the wants of the people of England- for whom they are maintained. By placing sectaries of. all classes and denominations— Roman Catholics excepted—on a footing of equality with the Established Church, we are saying in so many words, that every form of Christianity from that which differs but by a few slight 'shadings from the Established Church, to that , which is wholly oppoSed to her principles and prac tice, is equally entitled—not to the toleration which They most amply eifloy—not to the protection which is most cheerfully accorded—but to the encourage- ment of the Civil:Magistrate, which neither reason nor scripture, any more than. the present laws, de dare to - be ieir due, and which the Magistrate, if he listen to reason or religion,.must, in proportidn as he is an honest and pious man, feel disposed to withhold. Holir ' we would ask, could Parliament, having abolished all distinctions bet ween the Unita rian and the - Bishophaving said that the one was as deserving of the favour of the people cf England as the other—how could it avoid the conclusion which the Unitarian would, in that case, most na turally and logically draw, that he was equally en titled to the revenues of Episcopacy as to its ho nours ? In all concessions there is a point where a halt must be made—where prayers and petitions, how ever fervent, must meet with a decided, steady nega tive. If it can be shown that the religious freedom of any sect, whose opinions are worthy of regard, is trenched upon by the present laws, we should be most willing,. in such a case, to grant all practicable relief. If this cannot be shown, we say to the advo cates of the Dissenters, the point where concession must end has been attained ; you pass no farther., A great deal has been said about the perseverance of these petitioners;' that it will wear out opposition; that we must yield at last ; and that it is, therefore, useless to contend. To the assertion that we must yield, there is no replying; we cannot oppose our destiny. But even if it be so, let us hold fast our birthright while we may ;.let us yield on necessity only. That necessity may not come very soon; perhaps it will tarry all our time; and when it does come, it will bring its rule of action along with it. Our task is to provide against the probable in human events, not against the possible.—New Times. Very little business was transacted in Parliament last night. In the Lords, the Marquis of London derry called the attention of the House to the late intemperate and reprehensible proceedings of the Irish Catholic Association, which, in defiance of an Act of the Legislature, continues to meet and propa gate its mischievous sentiments. He had said on a former occasion, that friendly as he was to the cause of the Catholics, if he found them resorting to any attemptao furthur that cause by means of intimida tion, he for one should feel it his duty to desert it. That declaration he must now repeat. The re solution of the . 'Catholic Association which had extorted thise observations froth him, was to the effect, that they would consider as an enemy 'of Ireland, any Irish Member who should di rectly or indirectly support an Administration having the Duke of Wellington, or any man of similar principles, at its head. Now he considered this as a complete attempt at intimidation, and cal culated or intended to answer no other purpose than that of e xc i t i ng the pass i ons and produc i ng acts o f violenc e among an ignorant population; and he therefore felt it his duty to deprecate such conduct, as the friend alike of -the tranquillity of Ireland, and of the cause which must sustain extensive injury .from it. We ha ve ourse l ves a l rea d y called the serjous attention of the public to the inflamma tory and outrageous proceedings alluded to by the Noble Marquis; and have now only to offer our thanks to his Lordship for having brought the sub ject under the view and consideration of Parlia ment. In, the commons, Sir John Newport pre sented some Catholic petitions; and Lord Palmer- stun gave notice t h a t he should, on Monday, move, in a Committee of the whole House, for a special grant of Supply ; but observed) in reply to a ques tion by Mr. Hume, that he should not enter into any details in the absence of the Chancellor of the Exchequer. lhe disftppointment to the Opposition must have been extreme, when they learned that the Duke of Wellington had never, for one moment, entertained the intention of retaining the command of the Army, together with the exalted political office of First Lord of the Treasury:.. So confidently had they calculated upon this, as a fertile topic of factious declamation, that we find their Leader in the House of Commons clinging to it, not as a drowning man will snatch at a straw, but rather as an insane man will sometimes grasp at a sha dow, long after it was universally known in every third-rate political circle in the Metropolis, that the Duke of Wellington had actually resigned the office of Commander in Chief, and about fourteen days after we had announced by authority that the duties of this important office were to be executed by Commission. The idea of the union of the two offices pervades every part of the Learned Gentleman's speech on the opening of the Session. He felt, no doubt, that he could not do without it, and that his—even his—ample resources and.abuti dant experience in the arts of faction would not suf fice, if deprived of this darling theme, to enable him to get up any thing like a decent speech in opposi tion to the present Administration. But the out of doors adherents to the Opposition have an inge nious arriere pensee upon the subject, upon which they are instructed to insist : and this brilliant thought is, that the command of the army is still substantially to be in the hands of the Duke of Wellington, or that the patronage connected with the office of Commander-in-Chief, which these pre tended Liberals very naturally consider as the most important and valuable adjunct to the command, is still to be at his disposal. That promotion in the army is to be the reward of political subser viency to the Administration—that Parliament is to be corrupted, and the Army degraded by means of the union of Powers in the person of the Duke of Wellington—are the opinions which these emissaries of faction are obviously striving to diffuse throughout the country. The people of England, have how ' ever too much good sense to believe this factious in sinuation, and their whole indignation will be reser ved for its authors. The Coinmission to which the command of the army is to be entrusted will of course consist of the friends of the Duke of Wel lington and of the present Administration; not be cause they are expected to abuse .their high powers for political purposes, but because men worthy to be entrusted with such powers are not to be found, who are not. the friends of the Duke of Wellington, and of the present Administration. The posi tion which the adherents of the Opposition have thought fit to occupy in relation to this subject is one which every man of candour and good sense throughout the country perceives at once to be not only factious but ridiculous. It is one, however, from which they know they cannot be dislodged; and this is much to them, unless by the appoint ment of a Royal Duke, which they believe to be at present impracticable ; or perhaps, and it is to this point their efforts probably are directed, by the re storation of Sir Robert" Wilson" to his former rank, and by his appointment as one of the Commissioners for the command of the British Army. Neither of these expedients to secure the confidence of the Opposition will or can be adopted, and they must therefore be left to rail and to suspect, to their own entire satisfac tion. The British people will not, however, rail or suspect in compliance with their desires, and' under the influence of their slanderous insinuations. It will quickly be perceived by the nation that the Administration of the Duke of Wellington is too strong - to need the aid of any sinister or unconsti tutional influence; nor will the nation easily forget that the Duke of Wellington has already held the command of the Arniy, together with a seat in the Cabinet, and that during this period no suspicion was ever breathed of the patronage of the Horse Guards having been prostituted to political purposes, or of any thing having been done or attempted which jus tified the idea that it might have sprung from any other motive - than a sincere desire to promote the welfare and the perfection of the military service of Great Britain.—Mo . rning Post. POLICE INTELLIGENCE. MANSION-HOUSE.—Yesterday Hyams Phillips, a Jew, was charged before the LORD MAYOR, on suspicion of having improperly obtained a 5/. note. Phillips was remanded for further examination. DELAYS IN THE RETURN OF LErrEas.—A letter was sent fiorn the ManSion-house; on the 19th of November last,•directed to Mr. Clarke, Cheapside, Liverpool. It was upon a subject of an official nature, but no notice was received until yesterday, when the letter was returned, en dorsed as follows :—" Left—not known where gone;" and the endorsement was dated Nov. 23, so that it was ascer tained in four days that the person addressed was not to be found, and yet more than two months elapsed before the letter was returned. The note accompanying the letter was as follows :—" My Lord, the enclosed letter, not hav ing been delivered for the reason assigned thereon, was re ceived here by the officer appointed by his Majesty's Post master-General for that purpose, and is now returned to you as the writer.—l am, my Lord, your obedient servant, " FRANCIS FREELING." GUILDHALL.—EarIy in the week Sir P. LA ITEUE summoned all the Judges to appear before him, and answer the complaint of the overseer of St. Dunstan in the West, for refusing to pay their respective shares of the poor-rates for the premises they occupy at Serjeants'-inn, Chancery lane, in that parish. Yesterday was the day fixed for the hearing, and Mr. Hewlett, the Secondary to the Court of Common Mew, attended as the representative of all the defendants. A desultory discussion, which occupied an hour and a half, ensued. After Sir PETER had explained that he felt all possible respect for the dignitaries of the law, but that he also felt he ought not to recotscize any parties in the discharge of his magisterial duties, - - - - Mr. - Howlett did not impugn the mode in which the Judges had been rated : he questioned eie right to assess. Sir PETER, closing the rate book, observed that he had been satisfied on that head before he issued the summonses. It was stated to him that a verdict had been obtained by the parish, deciding that the inn was liable to the rate. Mr. Hewlett admitted that such a verdict was given four years ago as to Serjeants'-inn, in Chancery-lane, but a year and a half ago the parish tried the same question with Sarjeants'-inn, Fleet-street, and failed. There were con flicting verdicts on the same point, and he submitted the so ciety whom he had the honour to represent had a right to view the question as unsettled. Sir PETER knew nothing of the proceedings against Serjeants' inn, Fleet-street. The right of the parish to rates from the other inn had been established by a verdict, submitted to by all the Judges for several quarters. Mr. Seely, one of the overseers, , said that till the ver dict Was set aside, the - parish must be entitled to the rate. Mr. Hewlett thought the Magistrate would not interfere, till the right to the rate was proved. The entry in the books and the verdict against Serjeant Lens in 1814 did not prove it. Sir PETER asked if he contended that the other residents were not as liable to the rate as Sergeant Lens ? Mr. Hewlett said he did. Sir PETER said he would like to hear Mr. Hewlett on this question. Mr. Hewlett said that there was no difference between the inns. Sergeants' inn, Chancery-lane, had for 400 years been occupied as chambers by the judges and ser geants. In Fleet-street the judges occupied houses till about '7O years ago ; but although they held whole houses, the houses were leased in sets of chambers, like the other inn—at least he was so informed by the agent of the Dean and Chapter of York, the lessors. It was said the inns were distinct bodies, because they had each a chapel. He denied that the place in the inn in Chancery-lane could be properly so called ; and when, in 1649, an inquiry was set on foot respecting the church - property, in reply to in the question what chapels there were pariah,, the offieeis , of St. Dunstan's stated to the Commissioners that there were none. From the days of Elizabeth, until four years agei, the inns had never been called on for a rate. In the recent Act of Parliament for settling the commutation of tithes in this parish, there was a schedule containing all the houses in it, and there was no mention whatever of either of the inns. assure Sir An overseer interrupted Mr. Hewlett , to PETER he would be kept in his seat till ;light, if he recei ved all the evidence on both sides. Mr. Hewlett was striv ing to perplex the Alderman with facts and points, while the whole case lay in a nut-shell. •A verdict declared the inn liable to the rate, and it must be paid till the rate was overturned. Sir PETER agreed it would be uselesi to enter on the evidence. He was content to act on the verdict. The Judges, he had no doubt, would wish to act liberally ; perhaps Mr. Hewlett would pay the 1501. due, leaving one quarter only unpaid to raise the question. Mr. Hewlett had offered already to pay the money due if zreceipt were given acknowledging the payment was pro tested against. He put in the form of receipt he desired. Sir PETER LAURIE thought the parish'might give this receipt without injury. After words to the ordinary purport, it added, "without prejudice to the claim of ex emption," &c. Mr. Sealy had taken the opinion of Serjeant Merewether upon this form of receipt. The seijeant thought it would place them in a worse situation. --- Sir Pz'rita said no person could place less value upon legal opinions than he did: He knew a counsellor, now a judge, who was applied to by both parties in a dispute, and actually gave each an opinion favourable to his cause. He was in Westminster-hall on the previous morning, and saw men carrying in blue bags full of opiniong, &c., and loaded like porters, following the litigants on each aide. Mr. Hewlett smiled at Sir Peter's contempt for the lawyers, and repeated in an under tone Gay's lines. _ " I know you lawyers can with ease, " Twist words and meaning as you please." The City Solicitor said there was a difference between paying under a protest, and receiving under a protest.— He thought Mr. Hewlett might be satisfied with the for mer course. 'Mr. Hewlett would agree to pay the money on condi tion that it should be returned if the verdict was in favour of the inn in the next trial. The City Solicitor doubted if the assent of the present Overseer to such a condition would bind his successors. At last it was agreed that Mr. Hewlett should consult his clients, whether they would pay the money due (ex cept one quarter from one defendant), under protest wit nessed by the Magistrate's clerk; or whether they would submit to the whole of the warrants being pressed. The result will be communicated to Sir PETER on Tuesday or Wednesday next. BOW-STREET.—On Tuesday last informations were exhibited at this office by Johnson, the informer, against Joseph Phillips, . the proprietor of the Cafe de l'Europe, next to the Haymarket . Theatre, and James Carter, the ostensible owner of the Old Drury Oyster. Rooms in Brydges-street, Covent-garden, commonly called Mother M.'s, for retailing wine without a beer-licence. Mr. Alley appeared on behalf of the informer, and Mr. Brodrick for the defendants; the former contending that the 35th of Geo. 111., under which the informations were laid, left the Magistrates no other choice but to convict; and the latter urging the existence of a charter granted to the Company of Licensed Victuallers (to which both of the defendants belonged), so far back as the time of James the Second, by which full power was given to the mem bers of that company to keep wine taverns within three miles of London, for the purpose of, retailing every de scription of wine. The question was, whether 'the privi lege granted by this charter was or was not actually re pealed and done away with by the 35th of the late King. The case excited an unusual degree of interest amongst the licensed victuallers, and after both the Learned Gen tlemen were heard at considerable length on behalf of their respective clients, Sir B. BIRNIE said that he considered the question of so much importance, not only to the parties directly inte rested in its issue, but to the public generally, that he should defer giving his opinion until he had consulted his colleagues. Accordingly yesterday Sir R. Birnie gave his judgment at some length. He said lie had looked over the different Acts of Parliament referred to, and had also pe rused the charter granted to the Vintners' Company, and the result was, that in his opinion that charter was never intended to protect persons from the consequences of the law, who, under the pretence of selling lobsters and other shell-fish, kept houses open for the entertainment of the very worst company. Such was the case with respect to Carter, one of the defendants, who stood forward to repre sent that sink of vice and infamy, Mother H.'s. With respect to the Cafe de l'Europe, he believed that house was respectably conducted, and he therefore wished, if possible, to make a distinction between the two cases; unfortunately, however, the law left him no discretionary power, and he • was therefore compelled to convict the defendants in the mitigated penalty of 101. each. Mr: Broderick, for the defendants, after urging the great importance of the question, and the propriety of its being finally set at rest, by the decision of a Court of law, re quested that the conviction might be drawn tip in the common law form, as by that means the parties would be enabled to carry the question into the Conrt of King's Bench. After some ferther discussion, it was finally agreed that Mr. Broderick's suggestion should be adopted, upon the understanding, however, that Johnson, the informer, who will appear as plaintiff ;n the suit, should be held free from all costs and charges attending its introduction to the Court of King's Bench, and its prosecution there. The expence of the proceedings will be borne by the Vintners' Company. Sir Illcii.san BIRNIE took occasion to comment in severe terms upon the uses to which the supposed privileges of the Vintners' Company were applied, and he instanced the case of the defendant Carter as one in which the abuse was of the grossest description. Mr. Martin, the clerk of the Vintners' Company, assured the Magistrate that steps were in progress to remedy the evil. WORSHIP-STREET.--Information was yesterday given, that the dwelling-house of Mr& Yellowley, at Wiuchniare-hill, was broken into on Thuriday night. LAW INTELLIGENCE. COURT OF CHANCERY, FEB. 1. IN RE OWEN, A BANKRUPT. • Mr; Alexiinder'lSaacs - was brought up on a habeas corpus from Newgate, to which place he, had been committed by the Commissioners. of the fourteenth list, for having given them unsatisfactory answers to their examination. Mr. KNIGHT moved that he should be discharged, because the answers he had given were as satisfac tory as the case admitted of. Mr. ROSE and Mr. WRIGHT insisted that the com mittal was justifiable, and required by the answers. The LORD CHANCELLOR was of opinion that the answers were not satisfactory, nor the _best that Mr. Isaacs might have given. l therefore ordered him to be sent back to New — gaieii - ig same trine re commending the Commissioners to give him an im mediate opportunity of rectifying his answers. Mr. ROSE said that might be done to-morrow, as was the constant course. COURT OF KING'S. BENCH, FEE. 1. EXPARTE ROBERT GOURLAY. In this case, it will be recollected, a rule was ob tained on Saturday last, calling upon Mr. Halls, the Magistrate, to show cause why a writ of habeas corpus should not issue, directed to the Governor of the House of Correction, Colbath-fields, to bring up the body of Robert Gourlay, in order that he might be discharged. The ground of application was, that the warrant of commitment, under which the party had been detained in custody since June, 1824, was illegal. _ _ _ Mr. CAMPBELL now moved that the rule might be made absolute. Lord TENTERDEN—NO; we most consider a little before we do that. _ _ .• . Mr. CAMPBELL—To avoid discussion, in case the individual on whose behalf the rule had been ob tained should be brought up, he (Mr. Campbell) would at once refer their Lordships to some authori ties in support of the proposition he had submitted to the Court on his application for the rule nisi. The first authority he would refer the Court to, was in the second volume of Bale's Pleas of the Crown, p. 122, where it was expressly laid. down, that the words of a commitment for felony ought to convey with certainty the cause of the commitment, in order that if the party obtained an habeas corpus, it might appear to the Judges, before whom he was brought, w hether the act charged amounted to felony or not. It was not enough to express generally that the cause of commitment was that of felony, but it must be made distinctly to appear wh a t wa s th e particular a ct alleged to ha ve b een d one. Th e case o f Dr. Grenville, in p. 213 of the same hook, supported this doctrine. There it was held that the cause of the commitment ought to have been clearly ex pressed, and there was, besides, a whole class of cases, which showed that it was not enough that the warrant should follow the words of the Act of Parliament, but it must set forth in clear and definitive terms the cause of the commitment. He would - refer their Lordships to the case of the King v.' Cooper, in th e 6th Term Reports, p. 509, and the case, of the King v. Rodes, in the 4th Term Reports,which was a comm itment under the Vagr a nt Act. That commitment was held bad , because it did not state the particular Act for which the indi vidual was convicted. There was also the case of the King v. Brown, in the Sth Term Reports, p. 28, which was completely analogous to the present case. What were the words of the warrant ?—" That the said Robert Gourlay hath been discovered under cir cumstances which denote a derangement of mind, and an intention to commit a crime, namely—an assault and breach of the peace; and the said Robert Gourlay being brought before me, and it appearing to me that I ought to issue a warrant for his com mitment, as a dangerous person suspected to be in sane; I therefore require you to- receive the body of the said Robert Gour lay," •&c. Here there was no statement of the circumstances which " denoted a derangement of mind," nor did it appear what assault was about to be committed, or on whom. It ought to have detailed the .partieulars, and to have shown on whom the supposed assault was in tended to be committed. It omitted to do this, and therefore he submitted that it was insufficient, and that the•rule ought to be made absolute. The COURT held a conference of several minutes, after which, • Lord TENTERDEN said the commitment under this Act of Parliament is of a very peculiar kind : it is not a commitment for safe custody, in order that the party may be brought to trial ; nor is it a com mitment in execution of a sentence for any offence committed against the law ; but it is A commitment for safe custody, not only to secure the persons and property of his Majesty's subjects generally, but also to take care that the unhappy individual who is com mitted may be taken care of. That being the object of the Legislature, I think it ought not to receive that consideration which I should give any other Act of Parliament differently circumstanced. The warrant for the purpose of this Act is entirely dif ferent from one for the safe custody of a party _about to be.brought to trial; and it is also different from a warrant for commitment in execution of a sen tence and, upon the whole, after perusal and con sideration of the Act of Parliament in this case, we think there is enough to show that the Magistrate had good grounds for committing the party, and that consequently we cannot discharge him by habeas corpus.—Rule discharged. THE KING V. EDWARD DYER. Mr. STEERS moved that the defendant might be brought up to plead to an indictment found against him by the Middlesex. Grand Jury, for the publica tion of an obscene libel. The defendant immediately appeared on the floor of the Court, and pleaded " guilty." Mr. STEERS then moved for his commitment. The defendant applied for leave to put in bail. Mr. Justice BAYLEY told him he could not be bailed after having pleaded guilty. The defendant was then removed from the Court ,in custody, it being intimated to him that he would be brought up for judgment in the course of the present term. COURT OF COMMON PLEAS, Fin. 1. GULLEY V. THE BISHOP OF EXETER. This was an:action to deter Mine the ralidity of a deed. The plaintiff claimed a right to a certain ad vowson within the diocese of the Bishop of Exeter,, who is only the nominal defendant in this action, and he grounded his claim upon a deed which he' con tended was granted by the original posgessOr to his ancestors, .bearing date 1672. The defendant, on the contrary, contended that • the same person had granted a deed to his ancestors, which was dated in 1692, and he insisted, upon the strength of this deed, that he alone had a right to the advowson. He admitted, however, that if the alleged deed of 1672 could be established as perfectly valid, his claim would fall to the ground. The action was tried about two years since before Mr. Justice Park, at Exeter, when the plaintiff was nonsuited on some technical objection. Determined, however, to pro secute his elaim he had commenced another action, to which the defendant pleaded an almost innume rable number. of pleas, which appeared to the plain tiff to be irrelevant to the real merits of the case, and he therefore applied to Mr. Justice Gaselee at chamL herg to strike out the greater part of them. That Learned Judge did strike out a considerable number, but fearing to go too far, recommended an application to the Court. Mr. Sergeant WILDE, accordingly, on the day of the last term, applied for and obtained a rule, calling on the defendant to show cause why all - the pleas upon the record should not be struck out, except those, which related to the deed bearing date 1672, or why the plaintiff should not be at liberty to amend the declaration. Mr. Sergeant MEREWETHER now appeared to show cause against the rule. The•LORD CHIEF JUSTICE, in the course of the argument, said, he had heard of the-30th and 40th plea—he begged to know how many there were ? Mr. Sergeant MEREWETHER replied, that there were' 43. _ _ _ Mr. Justice PARK (addressing himself to the rest of the Bench.)—Most of you know the extent of the public dining-room at Exeter. Ido assure you that the record, when unrolled, extended from one end to the other of it. Mr. Sergeant MEREIVETHER, in continuation of his argument, complained of the repeated amend ments which had been made in the declaration. The LORD CHIEF JUSTICE, interrupting him, said," When I hear of special pleas, to the number of 43, I should feel inclined to allow a plaintiff to amend to the day of judgment." Mr. Sergeant WILDE proceeded partially in his argument in support of the rule, when, at the sug gestion of the Court, he consented to an enlarge ment of the rule, it being understood that he should be allowed to repeat the application in a different PREROGATIVE COURT, Fzn. 3. As soon► as the Judge had taken his seat this morning, Dr. LEE rose, and adverting to a meeting of the advocates, to which, he said, the Learned Judge him self was a party, convened for the purpose of pre senting an address to Lord Stowell upon his retire ment, began to inveigh against the judicial conduct of that noble and learned personage, declaring that he had acted in collusion with the advocates of the Court, in taking illegal fees and other improper practices. Sir JOHN Nicliou desired the Learned Advocate to sit down; but Dr. LEE persevered. Sir JOHN NIcRoLL intimated to him, in very pointed terms, that unless he obeyed his direction and sat down, he (the Learned Judge) would adopt some measure to enforce his obedience. Dr. LEE, after some further observations, at length sat down.' INSOLVENT DEBTORS' DEBTORB' COURT.--F EB . 1. Thomas Humphreys, many years the proprietor of a Riding School in and near Waterloo-road, and Equestrian Tutor to his present Majesty, was charged. The insolvent being very ill, was ' in - . said y therehad not was the plenty of brought up to be heard upon his in dulged with a chair. petition to be dis- The only creditor who appe are d to oppose the discharge, was an Irish female servant, who claimed 3/. 10s. due for wages. The witness complained of t i p l o i e n a . n t S that he the hardship of her case, as she, was turned upon the furniture up on power to assist her. world without her wages , an d destitute of a situa the premises to p a y h er . The COUR T regrette d h er loss, but told the ap. Mr. Hyma n , a broker, pro ved that he le v i e d a distress upo n t h e i nso l v ents premises fo r 300/ . f or _i rent due to th e landlord, and took thereby all the property, w hi c h wa s insufficient to satisfy the levy.' Abraham King was . -lately a prison er i n t h e Ki n g's Bench Prison, and wag chummed with the insolvent. During the time he was there witness was supplie d with money by his friends, out of which supplies he administered to the wants of the insolvent, or he ,verily believed that he would have been a corpse. It appeared, in the, course - of the investigation, that the noticee:npon all the creditors had not been served, as directed by Act of Parliament; but it was stated that consents could be obtained to the discharge of the insolvent. The COURT, taking into consideration the afflicted state of the insolvent, humanely allowed him to be sworn to his schedule, and ordered that his discharge should issue immediately that the required consents are filed. . PRINTED a s n vt Pu op ß ri tl cE H , SED N ' o h7 ll M 2: sYtOranUING, at the LONDON MARKETS. WHITECHAPEL HAY MARKET.—Jan. 31. 725. Od. to LOO5. Od. I Clover 90s. Od. to 120., Od. Od. to 36i. Od. PRICES OF HOPS (per Cwt.)-Feb. I. Kent Pockets 4/. 4s. 41. 18s. to 01. 6e. 4/. 2s. 41. Bs, to 41..125. 41. 4s. 41. 151. to. 5/. - 05. 0/. Oa, 81. Os. to 9/. Os. 01. Os. 71. Os. to 81, Os. 41. 2s. 41. Iss. to 51. Os. 31.165. 4/, 2s. to 4/. 6s. 11. Os. 41. 10s. to 41. 16s. Farnham Dii Sussex Ditto Essex Ditto.. PRICE OF OIL. Rape Oil, brown 351. 6s. Refined 0 Linseed Oil 23 0 Linseed Oil Cake at the Mill, per thousand Rape Cake, per ton ...,......e.••••••••••••••••••••••••••••••.. 510 PRICE OF POTATOES.—Feb. 1. 01. Os. to 41. Os. per ton. 3/. Os. to N. 10s. ditto. 31. 10s. to 41. os., ditto. 21. 10s. to 31. N. ditto. PRICES OF LEATHER. KidneyL Scotch Reds ____ Marsh Champions-- Oxnoble3 and Shams Per lb. il. Butts.,---50 to 201 2'4 Ditto ---60 to 661 b... 22/ Dressing Hides---- 14 17 Fine Coach Hides 17 19 Crop Hides, 35 to 401 b. 14 131 Ditto 45 to 501 b. kit 18/ Ditto lB l 20/ Per lb. d. to d. Tanned Florae Hides«. 14 11 Sp:iaish Ditto 21 fl I'er dozen. Ca. f Skins— :36 to 401 b. 18 2$ nil to 50 to 701 b. 23 , 26 Ditto 79 to 80Ib. 21 l 3 Small Seals, dreenland 19 20 RAW HIDES. Per Stone. s. d. to s. di Per Stone. s. d. to s. d. Best Heifers& Steers 3 0 3 6 Ordinary 2 0 2 4 2 6 2I) Market 7 0 each SHEEP SKINS. 25. SI, t 035. 3d. I Lambs Os. Od. to Os. OIL Polled 4s. Od. to ss. Od. mET.—Feb. L Walls end Newmarch,.. , 35e. $ Ditto Perkins and Co. 35 6 Ditto IlusS i eWs „ft... A... 36 3 Ditto Walker 36 East Percy Trader Linibton small S Hebburn small 20 Londonderry 5ma11..., 24 u Blyth fowpet : 0 - Hartley • _ 32 0 Hutton South Moor 32 0 Nesliarn Main. at 6 Russell's at 0 Russell's High _ ,30 6 Walls End Hetton--... 38 0 Walls End Lyons— 33 3 Ditto Stewart's 38 hips sold, 45--.-Unsold, 12e. - • WEEK Beans. 50 56 3s 44 48 a; 20 28 20 23 22 32 18 20 16 2t 18 28 21 23 21 2.0 40 42 ' 44 5 0 53 • 5 0 40. 6 5 9 54 18 21 20 28 23 28 22 27 26 29 20 26 23 25 28 22 28 18 21 22 26 s. d. s. d. 50 66 33 6 0 44 66 50 6 0 40 48 48 5 0 48 48 •51 42 52 42 44 40 14 s.d. s.d. 0 00 iussex Kent Dowi COAL MAtt Adair's Beaumont 33• 0 Burdon • '33 0 Heaton —. .36 0 Hebburn Main Holywell Killingworth 35 9 Ord's Itedhugh . 32 0 Pontop Windsor. 31 3 Shipcote 3s 0 Tanfield Moor---. 0 Wylam .34 0 WallsEndßewicke&Co. 36 6 Ditto Brown's 35 0 Ditto Clarke and Co. 34 6 Ditto CarraudCo. 33 0 Ditto Cramlington—....... at 0 Ditto Hilda Ditto Northumberland 34 6 Ships at market, 171 COUNTRY GORN MAR: Wheat. Per Quarter. Ashburn---- 50 56 Basingstoke -- 4R 58 Bath 48 80 Bridgewater Bristol ------ 52. 43 1r 58 Chesterfield -- Derby Devizes 46 54 54. 57 It 56 Doncaster Dorchester.,...,.,._ G10uce5ter.,.,.,,,,.„ 46 (II 41 60 5s 62 44 52 Hungerford 14transfield 46 56 46 . 56 48 50 Romge,. 55 58 Shaftesbury Shepton Mallet - 59 60 66 Sheiborne .. ~.~....~ 50 59 Taunton 52 :",S 48 02 Per Bushel. Shrewsbury s. d.. 79 86 :}Trs DURING Tx Barley. Oats. 32 36 26 31 28 32 28 32 SO 32 30 36 32 35 27 33 26 37 26 30 28 32 21 30 28 32 26. 33 • 31 35 ES 30 31. 37 2; 28 28 30 22 ' 28 s. d. s. d. 46 54 Yeovil SCOTCH MARKETS. • EDINBURGH CORN MARKET.—Jan. We have had a middling supply of Oats, Barley, Pease, and Beans, at this day's market. Barley sold readily, at Is. above the top of last day. A large supply of Wheat, top price of New 595., Old 665. Oats, Pease, and Beans, remain without any alteration from last market day. Wheat. Barley. Oats. Pease. Beans. First 6s Od 35s Od 31s 6d 40s Od 40s Od Second 313 Od 98s Od 27s Od 36s Od 36s Od Third PrimEs 01' PROVISIONS, &c. Beef, per lb, ... Os. 3d. to Os.7d. Fresh Butter, lb.s. ltd. to 08.01 Mutton 0 4 0 6 Salt 0 9 010 Veal .0 4 010 Ditto, per ca t.BO 0 81 0 3 0 6 Eggs, per doe. 010 0 0 Lamb, per qr. 9 0 :3 0 OatStraw(kV.)ll 6 19 0 Tallow, per lb. 0 4 04j Wheat Ditto.. 9 6 10 6 Quartern Loaf 0 0 0 9 Barley Ditto 0 0 9 0 Potatoes, 141 b. 0 0 0 1 Hay, per 010 011 EDINBURGH MEAL MARKET.--Jan. 29. We had a good supply of Oatmeal at this day's market, which sold heavily at last week's prices. Per Sack of 28011). Imp. rer Stone of 141 b. Imp. First Oatmeal Second ditt0....... ...... 1 14 0 Second ditto Barleymeal 1 9 0 Barleymeal 0 10 Peasemeal I ti 0 Peasemeal Pot Barley—No. 1, per cwt. 125.-2 d, 145.-3 d, 165.--Peall c 25. GLASGOW CORN A lair business done in previous rates. Wheat, per 2401 b. d. s. d. British, old SO 0 to 33 0 .... MARKET. --Jan. 30. all kinds of Grain, at about -,..... new Canada, free 29 0 31 0 Irish Ea a ch e , Bali sh rley, per 3201 b. 9 7 0 28 Scottish 25 0 26 6 Irish. `2lo 250 GLASGOW RETAIL Beef per 11). O. sd. to Os. 9d. Mutton 0 4 0 7 Veal 0 5 0 b Hams 0 7 0 9 Lamb pergr. 1 6 S 0 Quartern Loaf... 0 9 0 0 Flour, per atone 2 0 2 8 Rye Oats, per 7,641 b. s. d. s. d. Irishl6 0 to 19 6 British -- 0 0 Beans, per 2601 b. English Scottish lB 0 90 0 Pease, Scottish Oatrneal, per 1401 b l4 0 16 0 Flour, per 280113 46 0 47 0 MARKETS.—Jan. 28. Oatmeal, per st. Is. ed. to 26. Od. Pea.semeal 9 0 3 6 Pot Barley, cwt 12 0 17 0 Pearl ditto., 20 0 • 24 0 Grey Pease l2 0 0 () White ditto l3 0 14 0 Blue ditto 13 0 14 0 The great scarcity jo i taf i lsmasa ß mpui cCrgeimacHrehcsAolNbiru:iipeonrtete! de. give„ sever al vBdk.ileet 0, re66a;:rnsina sj N aooa c aus ed .rmr3tia.v: arrivals :Lo beingbales g o. soldp p oppor tu n ity auction,ty fo in n f I p a r s n t gr u e •e s e s k n t f o la be nd v in er g y , wilimited,i soo n selection. Prices are' without alteration. Upwards of aowstnuoetoobiehundredprices l p a lately e tu a l i y oe p tr sold e ,, l t s' ~ at yl. paid, o s. , a toi 3 , s but d.higher s. prices d; are now demanded. Fully 500 barrels Ashes have been sold Dpß G ir o rsi o n"d d ci . ei . n . oag . Brown nu .. dr . s . ll :l l . . ot t . i . s u a . t . e k . i ..... a . . n . d . ................... 66 9 3 0 ° 70 64 e 0 COFFEE per 112 lb. in bond, Jamaica Good and. Fine Ordinary 58 0 56 0 Middling and Good Middling 62 0 70 0 D i Dominica, . EI.A F I G to i oinodod Middling M s a , n i a d d d T iin o Fi ne dutyO . Ordinary ; di n a paid,r y 5 6 0 0 : 8 8 00 ood in j g a a m n a d ic G a ood Middling 62 • 0 67 0 Logw l2O 0 126 0 Awn, a Cwt. tf 1-, . - otb.* MIN SW 1 Montreal Pot Ditto Pearl BIRTH. On the Ist inst. at Herne Hill, Mrs. Richard Dutton, of a daughter. MARRIED. On the 30th ult. W. R. Adcock, Esq. of Brunswick place, to Miss Peckham, of Islington. 1 On the 29th ult. at Great Baddow, Essex, Weliard James Jenney, barrister -at-law, to Sarah, only &kW!. of the late Latham Brick woo d , Esq. of Bury St. Edmunds. On the 23d ult. at St. Helen's Bishopsgate, Charles Christmas Crow, Esq. of Threadneedle-street, to Eliza: only daughter of Mr. William Street, tailor, of Streatham" ' Surrey. N° frill _..... '. TP.RS Ptaranc, the p They , wwerin B the feel ?lade of the c;ttri the attu nnyltie! he paid Ex Ei Manufaf ESTAI i. rt POT ARGYI Polite to TOBEE These with a I which i property !lame adi afford a. are value dens mo situated anti g ent of the Ai of °s ee There at Estate, of - Oak. valuable. Steam repass in Alansion. course Iv of Prop e . For p. Veyor, In raory, Charles London Edinbu ri will treat ROy, T Seven.(F. BATE Colkintpi BART velscomb BMA] Stoney 5 'IRIS. CARL Garstang EXEI ester. ALA; ROLI and Bang LIVE MAN( MILFI ford -west N-ORN The folio Weytno Norivi( Preter, Ids( Birroia Right.' tiverp Seutha Canted Bright( Canterl Carlisle before Fol Derby, befor e Fo Cllasgo fore Four. Mariebi fore Four. Nottini Four. Brisfol Milford Tanta° Wirafac Livarix Two. Norwie Five. Derby, oefile e Sis Edinbu Lefore Alsuich4 befor e Sis Notting Birmin Quarter b Holybe Canibri through befor e Six Wiabea, Ind Lynn; Manchf cqesfieldi a ClasgoN befor e Sev Canterl N.B. ta r i ng To, DIED. On the 19th ult. Mrs. Judith Brome, widow of Joho Brome, Esq. of the Parsonage, Bishops Stortford, Herts. On the 31st. ult. at Hammersmith, aged 68, sincerely lamented by all who knew her, Ann, the wife of Dr. Isaac Oliphant, and daughter of the late Rey. D r. Whin&ld. On th e 31st tilt. in his 20th year, Charles Allen, only son of William Allen , of South- p la ce , Finsbury-square. On the 31st ult. after a long and pai n f u l ill ness, Eliza beth, wife of Mr. llenry Karn, of Somers .Town, deeply re grettedand m uch respected by all wh o k new h er . On the Ist inst. at Millfield-house, Edmonton, Robert Mushet, F, s q• of the Royal Mint. O n the 29th ult. at his residence, in Chichester, in the 50th year of his age, sincerely regretted, 'William Thomas EQ q" On the 31st inst. at Old Brompton, Jane Catherine, youngest (laughter of Francis Cresswell, E sq . On the 30th ult. at his house in Hackney -fields, the Rev. James Holt, aged 71. On the 27th ult, after two days' severe illness, Jane, the wife of the Rev. Hugh Jones, vicar of Lewisham, aged 67. On the 4th Dee. in Jamaica, Lieut.-Colonel P. C. Tar lor, of the 22d Regiment. On the 30th ult. at Waltharnstow, aged 66, Mary, relict of Mr. Terrington, of London. On the 2lith ult. of apoplexy, in Clarges-street, MO , Hodges, widow of the late Thomas Hodges, Esq. of Wr° - thani, in Kent, respected and deeply mourned by her frunili and friends. On the 89th ult. at the Rectory, Drayton Bassett, Staf fordshire, Harriet, daughter of the' Rev. W. M. Lally.