The Sun. — London, England, 1828-01-18 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. Into what a state are the affairs of this country fallen ! The omiaous Council—if so it may be called—of irresponsible Ministers, by whom the Parliament of the United Kingdom when legally. summoned to meet for the despatch of business, was suddenly prorogued, was actually held in the King's bed-room, his Majesty in bed all the while, and lin able to move, from an access of gout. The assembled Co,i.incil had not even the precaution to take the al -inanack in their hands, and now they are over whelmed with confusion, and know not what to do. They have summoned the Parliament to meet on Tuesday the 29th instant, the day of the King's ac- cession—an universal festival throughout the king dom ; and for which, so far from being dedicated to secular concerns, there is a form of prayer in Liturgy. Wednesday, the following day, is the anniversary of King Charles's martyrdom; and Thursday, the next succeeding day, is the anniversary of the King's proclamation—a holyday also ! So that, in reality, the Parliament cannot meet till Friday—Friday, a day ominous in the annals of superstition. And this is the slovenly manner in which the concerns of this great empire are now administered! The King, we have said (and we are sorry to say it), was only pre sent in the Council in bed. Sir Henry Raiford at tends his Majesty to-day, and has, we are assured, suspended his visit from the fear of creating alarm ; and all this confusion, we assert, has sprung from the unexpected obtrusion of Mr. Her ries upon the settled councils of Government, and his prompted opposition to arrangements in which he had previously acquiesced. We do not wholly coincide in opinion with those who suppose that this person and Mr. Hart---(he knows whom we mean),—and those whom we have mentioned be fore, have of themselves been able to destroy tile late Ministry, and involve the whole nation in con fusion; but what must be thought of the principals who could employ and mingle up themselves, and make common cause, with such agents ? The Mi nisters—whom we are still obliged to call the pre sent Ministry, though excluded by the base in trigues above stigmatised —must give up their seals of office before any new ones are appointed : and upon these new appointments we In - : jt still repeat our belief that nothing is even yet reified. It is astonishing with what eagerness .ne Tories are spreading the incredible story that Mr. Huskisson is in treaty to join that party, to '!lose insults and persecutions of his friend, Mr. Canning,. he has al ways appeared so keenly alive. The inventors of this slander pretend that he is ready to give up those colleagues who have been fast defenders of his friend's memory, and of his own pretensions, and who have stood by him in the recent quarrel, which, be it observed, was his, not theirs. What makes the rumour still more incredible is, the condition of this alleged treaty—viz., that Mr. Huskisson not only concedes the Premiership to the Duke of Wel lington, but allows Mr. Peel to be the leader in the House of Commons, and Mr. Dawson to be Secre tary for the Home Department, which includes the Government of Ireland. Without refuting or con tradicting this slander, which was yesterday propa gated with extraordinary activity, it is enough to say that the manly character of Mr. Huskisson makes the tale incredible and impossible. The Duke of Devonshire came to town late on Wednesday night. We understand that the language now held by the Tories, on the subject of the Committee of Finance to be appointed this Session, is, " that they have no objection to a committee being formed, pro vided any other person except Lord Althorp be no minated as the Chairman." They are in hopes, by this appearance of honesty, to persuade, or rather humbug. (for that is the only word which fully ex plains their real intentions and Wishes) the people of England into an idea that they arc not averse to mquiry, that they are prepared—nay, more disposed —to meet it, and carry into effect any recommenda tions of economy and retrenchment. svhich may be suggested after such an examination. The secret history of the formation of such a committee as the Tories are willing to grant, has been invariably this :—The Minister fixes upon some thirty of his stanchest thick-and-thin supporters, on 'whom he can fully depend for the execution of his dirty work ; then, to save appearances, this is larded with a few of those honourable names,—those landmarks to which the country looks proudly up,—such as Lord Althorp, Lord Tavistock, Lord Milton, and other respectable and independent County Members. From this assemblage a committee is drawn, io which the influence of the Minister must ne cessarily preponderate from numerical force. The mock inquiry then sets to work ; every conti nuance of unnecessary place, job, pension, or patronage, is stoutly supported ; whilst every reso lution, of economy is negatived, and every line of examination which tends to prove the paramount necessity of retrenchment and reduction, clamoured down and overwhelmed by the extinguishing majo rity. The few upright members of the committee at length become disheartened by repeated failures in their honest attempt, and convinced of the fruit lessness of their labours; the report is then prepa red, seasoned and dished up to the liking of the Mi nister; it is presented and accepted, and thus the system of wanton extravagance is perpetuated,— thus the hopes of the honest are defeated,—thus the petitions and rights of the people are despised and trampled upon. "We have now only to add, that the character of the committee will most essentially de pend on that of the pErson who is appointed to be its chairman; it is he 'who direct s t h e i r enqu i r i es and gives tone to the whole proceeding. To this, therefore, alone, must the people now look, for they may be well assured, that as Lord AlthOrp is con fessedly the fittest person for such a situation, to in sure its really coming up to what they have alight to expect under the very critical state of the public revenue and expenditure, any attempt to resist his nomination, or to substitute another chairman to be selected by the Tories, is in fact to deny the com mittee, and stifle the proposed and most necessary ' inquiry altogether.— ibid. Various subjects of general interest were yester day discussed at the Coact of Common Council. A petition was presented by Mr. Harmer from Mr. Jones, complaining of abuses connected with the office of Secondary. Mr. Alderman Waldman hit the nail on the head in what he said respecting the Corporation. " They had Standing Orders (he said) that no Member should accept any place, or have any contract connected with the City, and there could not one farthing of money be voted without the sanction of , that Court. If there was any corruption, it arose from there being too many good things to give away; and it was not in human nature that Gentlemen should not think of serving their friends. He should rejoice if they had no thing to give away. It was perhaps better to se ll offices than give them away; f or the givin g would always go by favour, and gentlemen would provide for their friends." Magistrates are pot allowed to have any proper ty in the public-houses they lic ense, nor are the brewers or distillers allowed to be in the Commission ; but we know, nevertheless, that there is all admirable underistanding between Magistrates, brewers, and distillers, and that the public are heavily taxed in consequence of the mono poly created thr oug h t hi s un d ers t an di ng. What is given to a man's friend is given t o him self; for friendship in England, where- it dis plays itself in overt-acts, which can be measured in pounds, shillings, and pence, is quite an affair of the ledger. " 71C donne rien pour rifn meanswhich i n English, th at i f the Squire sends game to his fishmonger, the fishmo nger must make a present of fish to the Squire. As the City of Lon don is deeply in debt, and as this debt allOrds a pre text for the imposition of a number of taxes, severely felt by the poor, both in London and the neighbour hood (as the duty on coals, for instance),• the pro ceeds of the sale of offices—of which the fees arc regulated by law—would go so far towards the ex tinction of a debt, the effects of which are so much felt by those least able to bear them. What is given to friends, is a credit on them for the value of the office so given ; and it is .better that the public should have the advantage of the excess of the '- come beyond the value of the services, than inch ' vidual Corporations. What Mr. Taylor said, how ever, should be constantly borne in mind, namely, . that the office " should neither be sold nor given, but under such conditions that the Court should al ways be able to controul it." The next subject which occupied the Court, was that of the City prosecutions of blasphemy. Almost all those who spoke condemned the policy of the prosecutions. That " there was no mode of disseminating any doctrines so efficacious as prosecuting them," was observed by Mr. Stephens, and the senti ment was repeated by most of the members. There seemed, too, to be a general feeling, that even al mitting the propriety of interfering to the extent of breaking up the congregation, the conduct of the Corporation did not deserve the name of prosecu tion so much so as that, of persecution. So said Sir Peter Laurie, for instance, who had agreed with the Lord Mayor as to the propriety of the original prosecution. Mr. Alderman Atkins attempted a sort of defence of his proceedings, which was very unfa vourably received; the other gentleman implicated, Mi. Alderman Brown, the late pure Lord Mayor, had the grace to keep out of the way. We were glad to perceive that right feelings on the subject of prosecutions for opinion are so general in the Court of Common Council. Mr. Richard Taylor's speech was able and judicious. He reprobated, too, the misapplication of the City Funds to such absurd purposes as prosecutions for blasphemy. Certainly much will not be gained by the sale of offices, if the proceeds of such sales are expended in prosecutions of blasphemy, that is, expended in diffusing irreligion; it being admitted, that the tendency of prosecutions of blasphemy is to increase infidelity. We can not say we understand very well the drift of Mr. Waithman's speech. He admitted, that the effect of prosecuting infidel publications . was to give an unfair advantage to infidelity ; and though he disapproved of the Court of Com mon Council interfering with the Court of Aldermen, he thought they ought to request the Court of Aldermen not to proceed further in the prosecutions. Yet, when Mi. Stephens moved, that " this Court disapproved of all interference in matters of conscience, as contrary to the principles of civil and religious liberty, and that the course pursued by the Court of Aldermen is entirely un sanctioned by this Court," Mr. Alderman Waithman said, " although he had no hesitation in expressing his abhorrence of religious persecution, he could not but distinguish between attempts to argue against Christianity, and efforts to vituperate it." We should be sorry to think that Mr. Alderman Waitk- • , , man could not aistinguisn between attempts to argue against Christianity, and efforts to vituperate it; because we do not wish to pay so poor a compli , merit to the Alderman, as to suppose that he cannot distinguish between reasoning and vituperation. But as all men are not so gifted as the 'Worthy Alderman, and have not the same power of sepa rating argument from vituperation, he ought, in gra titude to God, who has been so bountiful to him, to be a little more indulgent to his less favoured brethren. It is a very common failing to exceed the bounds of fair argument, by mixing up a little vituperation with logical deductions. 'Whatever interests mankind brings their passions into play, and accordingly we seldom find men who differ from each other in politics, religion, or medicine,, preserving in their debates that equanimity which the Worthy Alderman so rigorously insists on. 'We ought to make some allowance for the weaknesses of human nature, and bear in mind that men are not angels. Mr. Alderman Waithraan is too good a:relltsimer to suppose that if men cannot by possibility be brought to abstain from vituperation in political or medical discussions, they can exhibit this perfection in reli gion. Why should perfection be exacted of all those who treat of religion more than of those who meddle with other subjects? Does not the worthy Al derman perceive, that this is a poor pitiful pretext for persecution, which he is advocating; that those who wish to persecute will always be displeased with the mode of expression which they wish to put down. Where are we to stop, if we make vituperation in reasoning a crime ? In the very last number of the Quarterly Review, for instance, in an article a ttri • b►ited to 3fr. Southey, the religion of the people of Scotland, of a million of people in Ireland, and of a large body in England,—the religion of 311.. Alder man Brown and Sir' Peter Laurie, is described as having a tendency to produce rebellion. " James (says the Reviewer) committed a grievous error, when he gave his sanction to the Calvinists at Dort.; and grievously his family were punished for it in the result of those schemes wherein that fatal connection engaged the Elector Palatine, and in the lessons which were imported into England from the School of Francken ln England Calvinism took its natural course, and schism and rebellion, its twin otGsp► ing, went lovingly hand in hand." But would Mr. Aldermen► Waithman have Mr. Southev prosecuted because he abuses the Calvinists Morning Chronicle. With respect to the official gentlemen called upe► to withdraw from their attendance on Lord Godc. rich, and attend upon the Duke of Wellington o► Wednesday, it was yesterday explained to be consequence of the Duke of Wellington being the only individual in authority from the King, till the ew Administration is formed, and sworn into office, but, in point of fact, they are to attend Mr. Peel, wider the direction of the Duke of Wellington. We have heard from several sources yesterday, that Mr. Peel is to be First Lord of the Treasury, and that he had been heard to declare, unreservedly, that when he retired from the office of Secretary of State for the Home Department, he would not accept of office again, except it was to be Prime Minister.— The indisposition with which the Right Hon. Gen tleman was afflicted, his taking a warm bath, &c. was correct; but the medical gentleman did not re strict him from leaving his house, provided he was well wrapped up, his indisposition being occasioned by travelling in an open carriage in wet weather.— He was much better yesterday, and went out in his carriage, to the residence of Mr. Huskisson, in Somerset-place, where he remained for several hours. Mr. Huskisson is confined to his house by indisposition, which was the reason of the Duke of Wellington, the Lord Chancellor, Mr. Peel, and several others, assembling on Wednesday evening at Mr. Huskisson's house. Lord Goderich was of this party. Mr. Peel had a select party to dinner last night. Among the company were the Lord Chancellor, Earl Bathurst, Mr. Goulburn, &c. Among those sent for by express by the Duke of Wellington, to attend the consultations, was the Earl of Aberdeen, from the Priory at Stanmore. The Duke of Devonshire received a communication from the King on Wednesday evening, from an Offi cer of State. The Earl Dudley received a commu nication from the King on Wednesday evening, from a confidential gentleman attached to his Ma jesty.—Morning Herald. In holding, as we are desirous of doing, an even hand between the different parties which occupy the political arena, our diffiulties, as well as their own, are not a little enhanced by the singular inconsis tencies in which those who profess to speak from authority are for ever involving their patrons. What, for instance, can be more perplexing tha n to b e to ld , on one day, that the late Administration has been broken up by th e disunion of two of its members, Mr. Hermes and Mr, Huskisson ; and, on the next, that they are th e only persons, b es id es t h e L ord Chancellor, who a re li kely to be Mem b ers o f t h e new Cabinet ? The very idea, upon the face of it, shows that those who profess to know the most about the matter know very little, if anything; and that in looking to what is called the Ministerial part of the Press for authmity, the public is deceived. —But, the less the public are perthitted to know from what arc considered demi-official sources, the more anxiously must they look to the meeting of Parliament, when, in spite of all reluctance, the truth must come out. gad the Whig part of the late Ministry been true .to ciples, Parliament should have met full two months ago. The remark attributed to a high quarter, that men of all parties seem to care more for the good things of the State than for the State itself, appearS to be but too well founded; to which many will be inclined to add, that some, at least, of those who have aspired to high stations, evince but little gra titude or respect towards the hand which raised them to stations, the duties of which they so unac countably shrink from when the moment of real re sponsibility arrived. His Majesty, we are convinc ed, requires no sacrifice of principle merely to meet his own ease or convenience; but, when a liberal master has made personal sacrifices to accommo date the views of his servants, he has a right to ex pect, in his turn, some little of the same spirit of ac commodation 011 their part. It was the duty of the late Government to have met Parliament openly and fairly, at all hazards ; and to have said— " This is the account we have to render— approve or disapprove of it as you please :" and to have taken the judgment of Parliament upon their conduct. Had that judgment been un favourable, Lord Goderich might have retired from the Government in an open and dignified manner; or had the judgment of Parliament been favourable to him, and his Lordship yet found the fatigues, the anxieties, the disunions, the bickerings, and responsibilities of office too trying, for his mental or bodily faculties to undergo, he might then have retired from office with the consciousness of having shrunk from responsibility, and have avoided em barrassing both his Majesty and the country at a period so peculiarly ill chosen as that which he has adopted. It is no small aggravation to consider hoW much of the time of Parliament, when it does assemble, will be taken up in personal explanations, if not in mutual taunts and recriminations. The former, at least, must take place ; and gladly shall we see that the other does not : and we know no better way of recommending its avoidance to men of all parties than by reminding them that personal invective seldom indicates any but personal objects; and that, if they do not wish to show that they care more for the good things of the State than for the State itself, they will abstain from giving so powerful a handle as this would do to the many, un fortunately, who entertain that opinion, more or less of all public men.—lbid. We have given in a preceding column a report of what are termed th e simultaneous meetings in Ire land, upon which we shall take an early opportunity of offering some particular comments. For the present we must content ourselves with the expres sion of our happiness at observing that the Catholic Demagogues and their associates unite their voices with those of the Radical faction in England, in la mentation upon the prospect of the appointment of a genuine Tory Administration. It is fit that par ties who seek one common object, the subversion of the Constitution, and by means too not wholly dis similar, should thus give simultaneous vent to their disappointment and their rage, on finding their hopes so suddenly extinguished. We hail these denuncia tions as unequivocal symptoms of the st rengt h which the new Administration will possess. The friendship of the two kindred factions we have men tioned would be sufficient to sink any Ministry, as it has mainly contributed to sink the last. Their enmity will always rally round the Administration which is favoured by it—all the rational, the vir tuous, the patriotic, who happily still constitute an' immense majority of the community.— Morning Post. We were not aware, when discussing the question of public slaughtering houses, the day before yes terday, of all the benefits derivable by the City of London from the present system. We were quite mistaken, it seems, in imagining that the filth and corruption of these dens of Caucus, where the pa tient. ox, the harmless sheep, the simple calf, and the innocent lamb, are nightly Murdered, were injurious, by their effluvia, to.the:humaa animals who resided in their i neighbourhood. Their ste n ch, it now ap pears,'is a good, honest medical stench, as sovereign " as parmacitty for an inward bruise;" and to that no doubt are owing the . rosy gills of those who are the principal actors in the deeds of darkness that are perpetrated in them. Patients in a consump tion, said a gentleman-butcher at the Meeting that took place yesterday at Freemasons' Hall, for the purpose of calling up the abettors of abbatoirs— yes, patients in a consumption have visited the slaughter houses, and b e e n much b ene fitted byin haling, for a month or two, the steam arising from the bodies of slaughtered oxen !—New Times. POLICE INTELLIGENCE. HATTON-GARDEN.—Henry Puckridge, Harvey Caulfield, a man both deaf and dumb, and Sarah Cloud, were yesterday brought up in custody of two officers of this establishment, charged before Mr. Sergeant SELLON and Mr. ROGERS with riot and assault, on the nights of the Bth and 1 1 th inst. After much confusion and disorder in the office,:the Magistrates agreed to hold the defendants to bail, and upon the suggestion of Mr. Adolphus ordered them to give 24 hours' notice. MARLBOROUGH-STREET.--On Wednesday even ing, while Seifert, the person in custody on a charge of as saulting his wife, was yet locked up in default of bail in one of the cells at the back of the office, his friend and solicitor, Mr. Pinero, of London-street, came to see him, and Sco- field and Clements, the officers who had the warrant to execute against Seifert, took that opportunity of complain ing of Mi. Pinero himself before the Magistrate, for aiding in the escape of Seffert from the stables when they went there to apprehend him. Mr. Pinero denied the charge. The MAGisTRATE said that Mr. Pinero, by his very im- proper conduct towards the officers, had left himself liable to an indictment, and the officers might take that proceed ing against him if they thought proper. The Magistrate gave no order for Mr. Pinero to see Seffert ; and as he used very abusive language to the officers, not one of them would open the gate to admit him, and he was obliged to depart without seeing his friend, who was soon after r►moved to prison, where he remained for the might, but was yesterday bailed. WORSHIP-STREET..—Yesterday James Mason and John Atkinson were fully committed for trial, charged with stealing 51b. of pork; as was also Henry Garnsey, on a charge of stealing 11b. of bacon. William Mason was charged with indecently exposing his person to a little girl eleven years of age. It is impos sible, of course, to go into the particulars. The defendant was held to bail to answer at the sessions. UNION-HALL.--A young lad, named Montague, was brought before the sitting magistrate, charged with having committed a robbery. He was yesterday tried at the Surrey sessions, and sen tenced to seven years' transportation. In the course of the day Thomas Cheshire, alias " Jack Ketch," attended at the office, accompanied by his daughter, a married woman, for the purpose of complaining against the parish-officers of Lambeth, who, he alleged, had refused to give her any relief in her distress, her husband being for the last two years confined in a mad-house. Wben Jack Ketch had described the reduced circum stances of his daughter, the Magistrate expressed some sur prise, observing, that the least her father could do in such a case, was to support her himself, without allowing her to I make application for relief to the parish. Jack Ketch—Lord bless you, Sir, it's out of my power to support her. She has two children, and I never could find a livi©g for them. You know, Sir, (added he, shak ing his head,) business is very slack with me of late. Mr. Hone—Have you any other children?--None, Sir, thank God ; but I have my old woman to look after. Mr. Hose—lf you have only a wife to support, I think you must be in circumstances to assist your own daughter. —Jack Ketch--I have only a guinea a week from the city of London, and its bard enough for two people to make out on that. Mr. STAPLES (the Chief Clerk.)—You don't mean to say that your income is only at the rate of a guinea a week ? Your business is not confined to the city.—Jack Ketch-- I goes into the country sonactimes—not often. Mr. STAPLES —You had something to do in this county very recently in your line.—Jack Ketch (scratching his h ea d, )—Ay, Sir, that was a God-send, to be sure ; but they do not come so often as to make a man in my profes sion independent enough to support a large family. It was ultimately decided, that the daughter of the "finisher of the law" should attend on a future day, When the parish-officers were present, and in the interim her fa ther promised to support her. LAW INThLLIGENCE. COURT OF CHANCERY, JAR. 17. NONES V. NEWMAN. Mr. BICKERSTETH, at the sitting of the Court, mentioned that he had a motion to submit, which, if not made to-day, would be of no avail. His Learned Friend (Mr. Sugden), however, who opposed the application, was absent. His LORDSHIP permitted the Learned Gentleman to make the motion whenever Mr. Sugden came into Court. Towards the end of the day,Mr. BICKERSTETII proceeded with his motion. It was an appeal mo tion from the decision of the Vice Chancellor, his Honour having refused the application with costs.— The original bill was filed by the plaintiff for the specific performance of an agreement for a lease, and for an injunction to stay execution under a verdict obtained in an action of ejectment, to recover pos session of the lands respecting which the lease had been granted. An answer was regularly put into the bill, but owing to a dissolution of partnership of the plaintiff's legal advisers, the time allowed for filing a replication, viz., in Michaelmas Term last, was al lowed to pass. The defendant immediately took advantage of the omission, and obtained an order, as of course, dismissing the bill for want of prosecu tion. The plaintiff's solicitor, Mr. Michael (who had, with some hostility, parted from his co-part ners), immediately applied to the defendants, and offered to pay all costs, if he might be allowed to file his replication. This was, however, refused; and, upon an application to the Vice-Chancellor, his Honour declined to make any order. The conse quence of the dismissal of the bill had of course been, that the injunction (obtained after much dis cussion) had fallen to the ground, and the defendant .was now about to act under the verdict obtained at law. Under these peculiar circumstances, it was prayed that the plaintiff might be at liberty to file the replication as of Michaelmas Term last, and that execution under the verdict should be stayed. Mr. SUGDEN and Mr. CoE spoke against the motion. The LORD CHANCELLOR had attentively and pain fully considered this question, and, upon the whole, thought there were sufficient merits to entitle the plaintiff to obtain the order required. Upon pay ment of all costs, therefore, he should grant the pre sent motion. COURT OF KING'S BENCH, JAN. 17. BASSET V. PRYOR. Mr. BROUGHAIII stated, that the parties to this ac tion, in which the Protector Fire Insurance Com pany was concerned, had agreed to refer the matter in dispute to arbitration. Lord TENTERDEN remarked, that the public tvere much interested in the resistance set 14 p by the Com pany to claims of this description. SIBSEY V. BRISTOW. Mr. CAMPBELL stated, that this was an action to recover the sum of 671., due from the defendant to the plaintiff, on a policy of insurance, on a ship called the Malta, belonging to the port of Bristol, for a voyage from Lynn, in Norfolk, to St. Peters burgh, and back again to Bristol. The defendant had underwritten the policy for 1501. The ship had experienced very bad weather in the course of the voyage homewards from St. Petersburgh. When she carne to the coast of England, and was attempt ing to get into Yarmouth roads, she struck on the Stamford sands, in the vicinity of Lowestoffe. The ship remained aground on these sands for about ten minutes, and sustained considerable damage, and it was found necessary to throw some of the cargo over board. The present claim was for the defendant's share of the average loss. All the Underwriters, except himself, had readily paid their shares. Verdict for the plaintiff—Sixty-seven Pounds. FLOUT) AND ANOTHER V. GUTHRIE. This was an action to recover 721. • 16s. the brokerage of one-half per cent. upon 14,5.591. I Is. 6d. the sum for which 1021 chests of Madras indigo had been sold by the plaintiffs, Floud and Parkins, as brokers of the defendant, a merchant, the sur viving partner of the firm of Chalners and Guthrie. VICATTORNEY-GENERAL stated the case. The plaintiffs had been employed to sell a quantity of indigo for the defendant as his brokers. The sale bad been effected, when circumstances of peculiar difficulty had pressed on the market, and yet the plaintiffs had succeeded in obtaining for the indigo an adequate price. Mr. Guthrie professed to be per fectly satisfied, and the plaintiffs of course expected him to pay the accustomed brokerage of per cent. The plaintiff, Floud, on selling this indigo, had made a contract in his own name for the unknown buyer, and thus rendered himself responsible personally to the defendant for the transaction. The whole of Mr. Floud's conduct was governed by the same rule. It was not the value of the money in dispute between the parties that had brought him into Court, but the principle for which he contended. —Mr. Guthrie had paid one-half of the plaintiff's claim into Court. The question was, whether he was not entitled to the other half; whether the claim he had set up was not warranted by the custom of London. Mr. Floud would not forego what he conceived to be his right, unless he heard that he was bound to do so from brokers as long established as himself. Mr. Guthrie had, in the first instance, directed Messrs. Floud and Parkins to sell 24 chests, but being anxious to dispose of the indigo, he had given a similar commission to three other brokers for equal portions of it. The party to whom Mr. F. applied said he would be glad to take more if the rest was like it. This was communicated to Mr. G. who gaVe orders to sell the whole. A contract was ac cordingly made for the whole quantity, and it was paid for by Mr. Floud by his draft in favour of Mr. Guthrie. When the account was delivered, Mr. Guthrie objected to pay the charge for brokerage, and said, that as he had employed other brokers, he should pay the plaintiffs their proportion. If he had done so it became him to pay the parties be had troubled ; but that could not in the slightest degree impair the claim of the plaintiffs to the whole of the commission. There could be no doubt, it would ap pear from the evidence of several of the most re spectable brokers in London, that the broker who sold any article was entitled to the whole commis sion upon it, unless by contract he agreed to divide it with any other broker. Two brokers might agree to divide the commission between themselves ; but the seller was always charged with the whole. In this case, Floud was first employed to sell 25 chests, and afterwards the whole : he was, therefore, clearly entitled to the commission upoit the whole. Lord TENTERDEN said, it appeared.clear that the, broker who sold the whole of any commodity was entitled to the whole commission, unless there was a special agreement to the contrary. The question in this case was, whether the plaintiffs had agreed to take less than they were entitled to demand by the custom of their business. The Jury, in a very few minutes, returned a ver dict for the plaintiffs—Damages, Thirty-six Pounds Eight Shillings. COURT OF COMMON PLEAS, JAN. 17. BATTY AND OTHERS V. JWCUNDIE AND OTHERS. This was an action brought by Messrs. 3utty, Melville, and Co., w h o l esa l e stat i oners of was de of Alders gate-street, agai ns t M r. M'Cundie, w scribed as being a p erson of property, M r. B utc her, of Snowhill, Mr. M`Callam an insurance broker in the. City, and Mr. B a ld y , a li nen- d raper , o f Russell street, Covent-gard en , to recover the sum of 280/. 6s. Id. for stamps and paper, supplied to the defendants as proprietors and partners of the London Free 'Press. Mr. Sergeant RUSSELL, in stating the case, said the plaintiffs' demand had been resisted on a techni cal, if not a dishonourable, objection—namely, that Colonel Jones, one of the plaintiffs, was a party inte rested in the paper. But he should distinctly prove that such was not the case. Mr. Northhouse said he had been the Editor of the London Free Press. That paper was com menced on the 11th of February, 1827, and was discontinued in the following June. All the de fendants held shares in the paper. Mr. M'Callam, Mr. M'Cundie, and Mr. Butcher held a 100/. share each, Mr. Baldy had a 50/. share, and his wife an other of the same value. A meeting was held at the Kendall Tavern, Fleet -street, on the 21st of May last, for the purpose of auditing accounts, at yhich Mr. Baldy and Mr. Butcher were present, and Mr. M'Callam was there for a short time. Mr. MTundie was not there at all. Stamps and paper had been supplied by the plaintiffs for the use of the paper, but he could not say to what amount. The goods were probably ordered by Mr. Henry Lowe, who was the nominal proprietor. . Mr. Justice PARK—What is meant by the nomi nal proprietor ? Is not the affidavit filed at the Stamp-office sworn to by the real proprietor ? Mr. Northhouse explained that, when the paper was first started, it was intended that the share holders should be persons in " high life;" but that plan had been relinquished, and the distinguished persons who, at first, held shares, had withdrawn their names, and their shares had been purchased by Mr. Lowe, who undertook the management of the paper, and also to be responsible for its engage ments, and from that time it continued in his name, as if he had been the sole proprietor. Colonel Jones originally subscribed for two shares, but de clined taking them, fourteen days before the paper was printed. Cross-examined by Mr. Sergeant WILDE—He had been a lodger in Mr. Baldy's house, and first named the London Free Press to Mrs. Baldy. At the time he spoke to Mr. Baidy on the subject, it was understood that Colonel Jones had two shares. Before Mr. Baldy entered into the concern, he was told that Colonel Jones and the other gentlemen had withdrawn► themselves as subscribers, but that Colonel Jones would continue to support it by his writings. Colonel Jones was introduced to him (the witness) by Mr. Hume. Mr. Baldy was not consulted as to the management of the paper, nor had that gentleman written any leading articles in it. —(A laugh.) Cross-examined by Mr. Sergeant SI'ANKIE—In December, 1826, he applied to Mr. M'Callam for pecuniary assistance on his private account, and it was then he spoke to him about the paper, repre senting it as likely to succeed. He did-not propose that Mr. M'Callam should become a proprietor, as it was the plan of those who had suggested the un dertaking that there should be no partnership be tween the parties. Mr. M'Callam advanced 1001., and received a written memorandum that he should not be called on for more. When Mr. M'Cundie and Mr. Butcher paid their money, they also re ceived a similar document. Mr. Northhouse re-examined—He had been the conductor of the Glasgow Free Press. Mr. PARTING, the plaintiff's attorney, was de sired to apply to the defendants for payment in Oc tober last. Mr. M'Callam called on him the follow ing day, and said he did not consider himself a part ner. He said he thought he (Mr. M'Callam) was, and advised him to consult his legal adviser; and, the day after, Mr. M'Callam called again, with Mr. Butcher and his attorney, when they admitted that they were partners. At that meeting it was arranged that all the defendants, with the exception of Baldy, should pay their proportion of the demand, and Baldy was to be applied to for the payment of his share separately. They afterwards refused to keep their engagements, and then this action was brought. Mr. Sergeant WILDE, on the part of the defend ant, Mr. Baldy, said this was a case in which the plaintiffs could not recover. It was one of those in stances where great names had been put forth to the world for the purpose of deluding the unwary ; and those persons, having obtained their object, they crept out, and left all the burden on the shoulders of a few humble tradesmen. Mr. Justice PARK observed, that if Col. Jones's acts were the acts of the plaintiffs, he thought a most infamous fraud had been practised on the public. Mr. Sergeant WILDE—Then, ray Lord, I do as sure you that my instructions are that the defendants never knew that they were dealing with Col. Jones till after October last, and, having made that disco very, they thought themselves justified in resisting this demand. Mr. Sergeant SPANKIE made the same defence on the part of the other defendants. MI. 011 DER, a tea-dealer, of Covent-garden, said that Mr. Northhouse had suggested to him the ad vantage of becoming a shareholder in the London Free Press, and, after the Paper had been publish ed, he (Mr. N.) told him that Colonel Jones was a partner. The Jury immediately found for the defendants. Joseph Hume, Esq. M.P. was in Court during the greater part of the trial, and at one time was in close conversation with Col. Jones. INSOLVENT DEBTORS' COURT. Joseph Mazzucchi was opposed by Mr. Ha'comb on behalf of Mr. Gnecco. Mr. Halcomb, before he examined the insolvent, would just remark, that the insolvent had laid an in formation against his client (Mr. Gnecco) for smug gling; but the grounds of his (Mr. Halcomb's) op position were that the insolvent had contracted a debt under false pretences, and had put the opposing creditor to vexatious expences, by setting up a fri volous defence to an action. The insolvent stated, that in 1821 he became ac quainted with the opposing creditor, at which time he (insolvent) was in the service of Sciaccaluga and Co., merchants, residing in London, and dealing in Italian produce. He knew a person of the name of Brambani, a partner in a house at Genoa • they were creditors of Sciaccaluga and Co., who failed in 1823; it was through that gentleman that he was at first introduced to Gnecco. After the failure of his principals, he commenced business as a merchant on his own account, and lived in Trafalgar-street, Step• ney ; never received any coral of Gnecco in 1824, but bought them truly (out and out) : if he was to tell the whole of the transaction between him and the opposing creditors, it would occupy the Court six days and nights (laughter); remembers that a balance was struck between him and Gnecco in 1824; when he claimed a balance of 401., which he denied the existence of; there was no written agree ment between him and Gnecco relative to coral; there only existed a verbal and confidential under standing; the profits were to be divided equally; it was a commission allowed by the consignor, a mer chant, in Italy; had no orders to sell coral otherwise than in a honest way ; it was a smuggling affair. Mr. Halcornb—l deny the facts altogether, and shall falsify them by his own letters. The Insolvent proceeded to state, that he received a great quantity of coral from Italy: they came by way of Rotterdam; they were at the latter place put in bladders, and concealed in the middle of casks of butter, and thus smuggled into England. — (Laughter.) Mr. Halcomb said that he had no t c ome to the never 8., which s muggler until butter casks yet; he was alludin g t o two packages of coral, nsolre N n o t_ s. 3361raamnbani 5 d 6 , marked ased ar rivedF several months b e f ore t h ose i n t h e butter-casks. I he got acquainted w i t h G necc o ; never called the former infernal smuggler; part of the coral smuggled in was re-shipped at the Custom -house by Gnecco; all three were to go shares in the smuggling; h a d represented at the Custom-house that Gnecco was his partner. Mr. Commissioner HAititis--If he was a partner, how can a fraud be set up committed by one against: the other ? Mr. Halcomb_we deny the partnership, and we have a verdict against the insolvent for 7001. and costs. The Insolvent was again examined at great length relative to the importation of a great quantity of coral ; but his answers were so evasive, and his re collection so very defective, that the Court were induced to allude to his countryman, whose answer was Questo non mi rieordo." After the insolvent being further examined, the CHIEF COMMISSIONER said that it would be quite impossible to get through the case to-day, as a great number of witnesses (many foreigners)* were to be examined ; therefore it should stand adjourned until the first vacant day after to-morrow (this day), ago to proceed with it now, would have the direct tell' , dency of retarding the liberation of ten or twill other prisoners. • The Insolvent having concluded his examination in chief, the case was adjourned accordingly., Philip Crouch, a farmer, lately residing at. Ches'. hunt, was opposed by Mi. COOKE on behalf of Mis l ; Maria Hadgley. • A few years back he received a bond from thli young lady to obtain 1,1001., of a person of , thebaell of Henley, the whole of which he received at - differ ent times, and employed part of it in build;ng emus' tard manufactory. He bad always paid Miss Had% ley the interest, bat he would not swear that sh e did not think that it was paid by Mr: Henley; as he did not acquaint her with the fact that be had re' ceived it until Michaelmas last. The opposing er ditor gave him leave to use the money, if he pleases as she placed great confidence in him. Mr. CooKE lamented that his unfortunate diet was unable to come, she being confined upon a bed of sickness. He (Mr. Cooke) thought this was col of the most cruel cases ever brought before th ( Court. Who could believe the statement made bl the insolvent ? If he was authorized to use the money , why was it concealed from his client that he had re' ceived it from Mr. Henley, from whom she all alolig supposed she received the interest ? The CIIIEF COMMISSIONER told the insolvent that the Court by no means gave credence to his star ment ; and it was a fortunate thing for him that the lady could not appear against him • for had she dons so, and f a l s ifi e d his acconnt, , the dorm would theo have disposed of the case in another way. As : it was, they had no alternative but to pronounce entitled to his diicharge. THE MARKETS. , SOUTHALL MARKET.—Jan. 16. This day's. supply having been great, each kind of mea t ; though the buyers were numerous, met with a very estlif sale, at the following prices per 'tone of 81b. to si 4 the offals : • Beef. as. Bd. to 4s, Bd. I Veal, 10d. to s. 9 d , • Mutton 3 8 4 8 I Pork 8 5 1 ( 1 ~, The foregoing quotations are, Beef 4d. to 6d., Mitten and Veld and Pork 2d. per stone beneath those of this day se " night. Much of the stork left the market unsold. ' Beef. Mutts RAILSHAM MARKET.—Jan. 16.' Ods. - to 4s. 6d. Veal. : Os. Oct. to OF. ej 3.8- .4 8 I Pork oro 0 u supply moderately good, and trade very dull. STEYNING MARKET;—.Jan. 14. • Beef 4s. 2d. to 4s. 10d. I Veal Os, Od. to Os.; Muttcm 4 2 5 0 P or k 4 4 -- A 2 moderate supply,, and a dull trade. • ARUNDEL MARKET.—NIan. 15. Beef 4s. Od. to 4 s. M. OS. ()d. to Oa. Mutton 4 4 50 I Pork. 4 9 4 ° Supply good,' and trade dull. COUNTRY CORN MARKETS DURING THE WEER Wheat. Barley. Oats. Beans T............. Per Quarter. s. to s. s. to s. s. to a.. 5. to 6 i ' l Blandford ................... 57 -- 27 -= 25 k 6 Brigg ........ 45 50 20 25 18 25 40 : 6 Cambridge.„.........-.. 54 27 18 5 Chard ........... ..., 56 66 32 33 24 30 45 Ty Huntingdon....—..... 50 56 30 32 22 24 4.3 7 4 Long Sutton.-- 42 53 17 24 37 'L I Louth..-.......—.. 42 48 24 28 14 20 36 r o Lynn--••••••••••••••.• 42 58 .28 31 16 22 36 . i , 1 Newark ....—..- 42 ..54 25 35 17 29 42 a 1 Nottingham ..,....... .55 61 35 '42 :10 40 54 '; Peterborough 40 50 , 28 32 24 30 -- • Plymouth .....-......-.: 50 61 '24 30 20 22 " 5 Pontefract... ...... 48" 32 -- 30 -. L i Slcaford .....-.......-... 48 51 2 4 33 19 20- 40. `,i Uppingham :...—... 46 " 56 25 32 •26 40 •35 , 1 1 Wisbech ...-'-.-- i . 40 ,54 20 .30 lig 24 '3O 7.; M ANC to 6 ' 4 MAN CHESTER POTATOE MARKET.—Jan. 12. 1 . Potatoes, 46. 9d., ss. Od., an d 65.0 d. mir load of 12 gent 1 1 121bs. ; New ditto, Os. Od., O s. Od., an d Os. per ditto; Turn'l, ss. 6d., 6s. Od. and 6s. 6d. per load of 16 pecks ; Onions, 13g. 14s. Od., and 16s. per 12 score. . , :ESTER Slll At per lb. sii sd. to 616, 4 , 6, KITHFIEI inking the a 1. 1 7 Calii 1 120 Pigs tffal. 3,097 Sheep 609 Cattle rC8w.........r :N MARK: MANCHESTER YAR No. d. • d. Throstle Twist, 20-.101 to - 11 30 12 121 40..13 :16 Mule Cop Mulecoprwistl3o..ll l,, Weft... for wai p .--j 40 11 15 -sq-17 19 I it) 70.-22 24 Weft from $0 26 28 Waste .47 . 15:, ti 30 10 to 11. Ji 60 15 'lO 10 qJ • • # 100...,,,.28 # 120 ....... 34 0, 14 :194... 0 1 10 , . SHIPPING INTELLIGNMiE: LIVERPOOL. WEDNESDAY, 16.—figh water 14 min. past til l Wind ES.E.=-4i-rived the Caledonia,. Hurst, from CAir, lisle, with siiia'ofrieS=Tige4 Marshall, from Glasgow, it ditto—Clyde, Hall, from ditt o , with ditto — Sheffiel d Richards, from 13elfast, ;with dittd—COiSair, - Goodviri ° from ditto, with ditto—WilliaM and Mary, Gibson, ft - 0 Dumfries, with ditto—Manchester, Mitchell, from - Gla r , gow, with ditto. CLEARED 0 UTWAR ns. —The Britannia,. - Marshall, if New York—Belem Castle, Jones, for Lisbon-10e Williams; for Barcelona—Yarmouth, Thompson, for hia—Themas Naylor, Timmon, for Savannah—PO 4, Tab, Williams, for Baltimore--and Pacific, TToth, ( St. Domingo. _ _ _ Telegraph Office, Jay. 16, HOLYHEAD, JAN. 15.—Arrived the Prince Kutusolt ' from Savannah, ,for Liverpool, with, eottoti—„Sir . Franc" , Burton, Finchet prig, and the Tinley brig, left S av anna h' ' Dec. 10—Jane, 'from London, for Lancaster, with flax'' Warren, from' Cacif, for ditto, with iron—Unun, fro ° Cardiff, for, tiirerpo * Ol, with general cargo,.. —All Wind B.N.E. EAST INDIA. The Harriett, Kindley, from Bengal,. has arrived $ P :)T rt h sn e lo v ut e h s , pe il t ecl itib fr o o t m , the nce B etnbgeal,lsAthugJ.ulyl,3,aowdafsroyet the Mauritius ti e 12th October. tee Cape .Nov. 7. ARRIVALS AT BATAVIA.—The Matilda,. 'Bulky, frd i Liverpool, Sept. 28 —Maria, Richards, from London, t b ., 3d ditto—Harmonie, Versiuy s , an d S usanna h, R ot h , f r o' Amsterdam—and Augesten, Bunnimeyer, from Antwei? the 6th ditto. SAILED FROM BaTavia.—La Jenne C.emenee, Ktl for Sumatra, Sept. 25—Diana, Meutenbrock, for .. 1 0 0 ' werp, 26th ditto --Rotterdam Walvaren, Schaaxe helmina, Pa] ln ; and Rotterdam, Poort, f or R ott - er d it s , the 27th ditto. BIRTHS. On the 15th inst. at Park:place, Islington, Mrs. S. Hadow, of a son. On the 17th init. at York-place, Portman-square, tb s lady of John Buxton, Esq. of a son. MARRIED. On the 15'6 inst. Albert de Mierre, Esq son of the tat John David Albert .de Mierre, Esq. to , Anna Metilds► se cond daughter of Samuel Bovill, Esq: Gi t c h h. e aro l. r / rsi t m, h eßl i d n o, s b t e . : t a i e t Esar S p, t Ei . oes:q Esci M artin's . Surgeon Cliuieb, o b f y the Red' Esq. of Sydenliam, Kent. omD Rev. sfirmteoO. to Janet Jerman, youngebt 'dabghter of Willisto hrosneßnnegtsh: late e Peterl 7t h Phillips, aChrist Church, Marylebone i brtbe ~ P o r f e st hc oe t i t l G o t oo r i g e tt. a o r : o r e ike Y Wyatville, B.A. only ion of Jeffry Wyatville, Beg. L o wer Brook-street, Grosvenor-Square, to Ann . Slan, 'd aug hter' On the 17th inst. at St. George's,' HanOver4. squar i..l td the Very Rev. the Dean of Carlisle, Capt. fle ory wipiere Barnard, of the Grenadier Guards, to Isabella ledtiss second daughte r of the late Brigadier-G eo . j am ' es owls A.M. 'lector of, Longstantein. • St. Make! , Craufurd. . . Martin a ti Ce n R ci e l' ad o y f , ll 4 l On the 17th inst. at St. Giles's Cambekveil, 'by' the - ___....-------- d CR a a : I : fi g : b h ir t V e i d r . g o C ee f sh t u ll iir e l e' 1 4 t e M . r it . e1)..1 Thomas lif.ifeiaxihato:ar,ab, DIED. MlO.o.nnwtthiee°ll.7Blß°thhilniesisntit.'°agf.t'llgeadliw4loChtbratresllej:baliniviff°l uArltehxat:le: son of Alexander Dobie, Esq. On the 9th inst. Richard Knight, FAq: (Whitt Majesty's General Post-office- iled - 51. On the Ilth , insl:antig in - Waterloo-road, Mrs. Llewellic Lewis, mother, of Mr. , E.-L. Lewis, of the Coburg, ne e 82. On the 15th inst. Sarah, wife of W. Herring, Esq. of 9 5 b On nmat t rh h yie e CewgnGraroe6nv'74striaeeEtt*l, $, On Norwich, and daughter of Charles• Saville Oniei, Eau,' o f Stilted Hall. - i Esq. aged 70. the - 17th hl l eo t h twh lost. fien sot Jamesaa tt PRINTED and PUBLISHED by M. YOUNG at the SUN OFFICE, No, 112, Strand. j G • oti ;~' T' i , Eng ra , *lvo. titjuly This Suet --, T' cot, Travel Numbs Rinaki. Saint Prit and M And Just pi ---ties e 4irif* vary, Celts : g tr ic tu Me The tion, NI cannot usual c contain • In one tondo ! B of th e 4 T' One d ; the i corm c!rs, of ti Meni apt. T Liu on, alajor • Alm 11 tvido Arth 40th laud. One da3 Offic the 7. B. R. Gen. s From Major -I by, for.. Col. Si Chie: Sir J. Justi Ittr. E. Air. it Dr. j„ Maje Dr. L. Dr. s a l, Dr. cia nici,4 Dr. Ap ditto. Dr. Gi Cm* Dr. Gic nano, • Dr. Ni, Magi - Dr. J. Dr. J. ditto. 1)r. B. the Al Lieut.-( lies• P Cat; Lieut Marche, Iv a i Co nte R Sir G . 1 I .ord Conte 13 tarot, F ditt o. .lr. • if, lect or Recei Sir v. Mlry iklr.w. siista n Mr tary.'; , v Asmist An old Military tuents Officers 2d I Brigs The 01 Royal blew.. Me ss The n, Recto l an d, Lieut—C chard: C aptain Sir J. 13 Lieut . p Lieut. C 6 0th F• A. A E , 411 Luc T he o of the 'Rent. Afestr s T he Rev: 50h..., , Recei v Amoui Errat a shirt Pitt g, Ir partied Weeki, po ReeeiN