The Sun. — London, England, 1828-12-24 00:00:00

I 'heir liberal Petition had already hundreds of signatures attached to it, and he had no doubt, that before it was presented t 9 Parliament it would have thousands, and form a triumphant refutation to all the assertions of their enemies." The Brunswick Meetings in fngland have been a complete failure. Even those who are against cuncession'to the Catholics do not see the ad vantage of arraying one part of the population against another on this point ; and hence the leading Tories have, almost everywhere, dis couraged Brunswick meetings, It was, no doubt, thought that a decisive movement in Kent might electrify the rest of the country ; but 30 far from this being the case, the Clergy alone have taken the field. I n num b ers, and they, seeing that the higher 'tanks hail aback, ate beginning to as slime alno, - re moderate tone, as witness the late meet ing at -Richmond. The intentions of the Duke of 'Wellington with respect to the Catholic Claims are rather guessed at than known posi tively. However this may be, there can be 'little doubt as to the course he ought to pursue, considering the question merely with reference to the ease of the Government. The longer the set tlement is delayed, the more imposing the attitude of the Catholics, and the more obvious the impos sibility of long resisting them. Ministers can not but know that the question of concession to the Catholics is now mixed up with various other questions not necessarily connected with it, and which, were concession granted, would no longer be mined up with it. It is only as Ca tholics th!.l the Irish are united ; but that union, while lasts, has an important bearing on seve ral questions. There is; for instance, the question of the Church Establishment, which is the real cause of nearly all the hostility to the Catholics. It may be reasonably doubted whether the security of the Church would not be greatly increased by Emancipation. The Church Establishment would come then to be discussed on .its own merits; and Irish Catholics, like Irish Protestants, would naturally take different sides in the discussion. The following obser vations from the The Dublin Evening Post of Saturday last on this point, seem to us very much to the purpose : " It must be admitted that the prcsent.is a very ner•ous, perhaps we might say a very awful period in the history of our country. On one side, we have united the Catholics to a man. There are shades of difference amongst them on minor, or perhaps we should rather say, on collateral points— there are some who would be willing, perhaps, to entertain the question of securities; there are more who will not listen to terms. There are some who would receive a part of what they justly consider their just rights, while the great majority insist i4pon a payment in full. There are many, particularly of late, - who think that a Reform in the temporalities of the Established Church should be preliminary to, or concomitant with, Catholic Emancipation ; while there are other Catholics, who, though no friends of the Establishment, would be quite satis fied with the concession of their own claims, leaving the Church to sink or swim upon its own merits, or touching that Sacred Edifice,' not as Catholics, but as Irishmen. Whatever the differences on those and other points may be, there are none at all upon the primary one. The Catholics of Ireland, we repeat it, are united as one man in one pursuit ; and though it may be safe for the present, it is un questionably dangerous policy, to set at defiance, or to treat with contempt, the voice of millions. On the other hand, the Church, and all therewith eon- nected, Bishops, Deans, Archdeacons, Priests, Dea cons, Rectors, Curates, Parish Clerks, Sextons, Beadles, and their wives and daughters respectively, builders, carpenters, masons, bricklayers, lock • . . smiths, cess-collectors, tithe-proeters, officers in the -Ecclesiastical Courts, and all their connection to the tenth degree, and all the numerous expectants, are to a man opposed to concession; in a word, they arc opposed to the peace and prosperity of Ireland, as well as their own interest. While the Catholics act as they are resolved to do, with prudence, discre tion, and forbearance, theie may be no collision be tween the parties; but it is impossible that such a state of things should continue for any length of time, without ' eventuating' in the most disastrous results. It is therefore, we will not say the duty, because that is obvious eneugh, but it is the interest of the Government to devise immediate means with a view to tranquillise the country, and to divest the faction of the capacity which it now possesses, and which it is anxious to employ, of violating the peace and of involving the Empire in all the horrors of a civil war. This may, in a great measure, be accom plished by simple justice, by a simple repeal of the Penal Laws, which still aggrieve the Catholics of Ireland." We put out of consideration the great proba bility of wealthy Catholics, like wealthy Dis senters, going ever to the Establishment, when there is no longer any dishonour attached to the desertion of the Catholic religion ; and of a luke • warmness on the part of the Catholics in general, when no longer suffering from laws of exclusion. We take the question of the Establishment as it stands, with the number of the religions as they are . We put aside the Catholics as we put aside the other Dissenters; because the Catho lics, in reality, have nothing more to do with the Establishment than the other Dissenters. The tithes are not paid by the Catholics, though they happen to be the raisers of the food from which it is taken by the Irish Establishment, b ut paid by the population of the empire in general. Tithe, as is well known to all political eco nomists, is a tax which falls on the con smiler, and not on the raiser of the food. It raises the price at which the food can he sold in the market, to enable the cultivator to carry on his operations. The vexatious mode in which the tax is levied, is another question. We therefore demur to the argument of hardship, in fdrcing the Catholics to pay the Ministers of two religions. The manufacturers of Lanca shire, the shopmen of London, all who consume Irish food, pay the Irish Protestant Minister, as well as the Irish Catholic. When Emancipa tion shall be disposed of, the question will re duce itself to this, whether such a share of the taxes of the country as the Irish tithes amount to should be set apart for an establishment for so very small a fraction of the people of Ireland, the justification of an est a bli s h ment b e i ng usua ll y sought in the circumstance of its being service able to the majority of the people at least. But no man who reflects for a moment on the distri bution of political power in this country will be lieve that the Aristocracy, who are interested in dividing among themselves the Church Reve nues, will consent to abandon this source cif provision for their families, merely because the Establishment is not required for the religious wants of the people. The Establishment is not kept up for the religious wants of the people, but for their own temporal wants. Where is the force in the country that can compel them to relinquish this source of revenue ? To suppose that a re form in the Church Establishment can take place is to suppose a previous transference of power, from the hands that now wield it. But of this we see no prospect at present. No position is bet ter established than that power in every country wi.ll be exercised for the benefit of those who I possess it. The Government of England is the Government of the Aristocrary ; and to suppose that that Aristocracy would renounce .volunta rily a source off' advantage to itself, is to suppose an absurdity. The, Government of England is so far popular, that each party must always de;• rive a material advantage from deferring to pub lic opinion ; and therethre the Ministerial divi sion of the Aristocracy, in order not to allow the Opposition division to obtain any advantage over it, will always in indifferent matters yield to the public voice. But this deference can never extend to matters in which the Aristo cracy, as an order, are deeply interested. Hence we hold the Protestant Establishment of Ire land to be secure, were there only fifty thou. Sand Protestants in Ireland, so long as power is vested in the Aristocracy of the empire. The Catholics, as we have already observed, are only united on the single point of emancipation. That point carried, their voice would be di vided as to the question of the Establishment, which would then be between the Aristocracy and the people of the empire at large. We wonder - the Church do not see this themselves. —Moining Chronicle. The full report which , we gave yesterday of the Antis Brunswick Dinner at Maidstone, ren ders it almost unnecessary for us to allude to it farther. The party consisted in the whole of nearly three hundred freeholders of the classic county of Kent, and the dinner, like that of the Brunswick Club which was lately held there, was conducted with the greatest regularity and deco rum. The speeches also were, on the whole, re spectable, and much less characterised by a con troversial spirit than, from the discussions which have taken place respecting the re sult of the Penenden Heath Meeting, might have been expected. We are frank to own, however, that we disapprove in toto of such Meetings, whether they be composed of Bruns wickers or Anti-Brunswickers. If they serve to display the feelings and spirit of the country, they also tend to keep alive its jealousies and animosities—to feed and nourish its prejudices, and to perpetuate those dissensions which it is the object of every good Government to extinguish. There was also a statement made at the Meet ing, which, in justice to the Brunswick Club, we cannot pass unnoticed. Lord Darnley mentioned, in alluding to the late Penenden Heath Meeting, that many of those present were- only servants in disguise, that they had been dressed up for the occasion, and armed with clubs and other implements of warfare, for the purpose of enforcing the argu ments of their patrons. With all due deference to the positive statement of Lord Darnley, we sincerely hope that such was not the case ; and, in justice to the club, with which the meeting ori ginated, we must state our belief that his Lord ship has been misinformed. Lord Winchelsea never would have been guilty of such a despi cable device to swell the ranks of his supporters ; and the latter, we imagine, would not have dared to resort to it without some general under standing on the subject. Protestantism, at ail events, stands not in need of such support.— Morning Advertiser. The inconsistencies into which the soi-disant Friends of Civil and Religious Liberty are led in their liberal designs of breaking down the barriers of the Constitution, by the admission of Papists to political power, are sometimes highly amusing. For instance, the Earl of Darnley, at the Maidstone dinner on Monday, at which the advocates of Popery eought consolation for their signal defeat at Penenden-heath, gave as the first toast, " The health of his Majesty, and may he never forget the principles which placed his family upon the Throne of these Realms."— In giving this toast, his Lordship must either have considered his auditors (as indeed they proved themselves to be) a set of " thick and thin " Radicals, at once regard less of all principle, and ignorant of the most important historical facts—or he must have intended it as a preliminary intimation of his intended abandonment of a bad and indefen sible cause. In either case, it must be deemed rather surprising that there should have been no person present not so far subdued in reason by the seductive spirit of " Maidstone," as to be incapable of discovering the gross delusion thus so unmercifully practised upon their un derstanding. " May the King never forget the principles which placed his family upon the Throne of these Realms !" Such was the toast, and "such must ever be the prayer of every true friend of the Constitution in Church and State. But the intoxicated auditors of the artful Chairman were obviously either igno rant or forgetful of what those principles are. Arid the Noble President, it is equally clear, had not the candour to remind them that the principles which he so boldly toasted were in direct opposition to the object which the swillers of Maidstone were then assembled to celebrate. The Noble Chairman was in honour and duty bound to inform them, that the principles which seated the House of Bruns wick upon the Throne of these Realms were mainly the preservation of our Constitution in Church and State against the wiles of Popery and the tyrannous sway consequent upon the admission of the pernicious doctrines of the See of Rome. His Lordship ought also to have reminded them that the King (whom Heaven long preserve I) has, like all his illustrious predecessors of the House of Hanover, so lemnly sworn to maintain the Protestant Religion as by law established ; that he swears to maintain those laws which have been established for the exclusion of Po pery, without reference to any of a differ ent description which may hereafter be enacted by Parliament ; and therefore, unequivocally, that he will govern, as far as regards the Pro testant Church, strictly according to the laws at present in existence, and which in th e i r forma tion were clearly and avowedly enacted as a fun damental and unalterable principle of the British Constitution. Most cordially therefore must all true friends of the existing order of things )oin with Lord Darnley in his toast that " the King may never forget the principles which placed his family on the Throne of these Realms ;" nor shall 'we reject the repentance of the Noble Sinner, if we find him in sincerity and in honour departing from the dark and dan gerous track he has lately pursued, and taking a safe guide for his future course from the true and glorious Star of Brunswick !—Morning Post. The following curious circumstance occurred at Paris :...—yesterday se'nnight a man of about fifty years of age was seen seated near one of the gates of the Tuileries, with a large placard upon his breast, bearing the words " Julien Langlade, ex-gendarme," and on his back another, with the words " I am refused payment of the three months pension due to me." On being spoken to by a commissary of police, be said that be had earned his pension of 'retreat, which' was 'refused him, and that, being in a state of starvation, he hoped they would send him to prison, where he at least would -be sure of having bread to eat. POLICE INTELLIGENCE. GUILDHALL. A middle-aged man, named Henry Baker, was brought before Mr. Alderman VENABLES yesterday,. upon a charge of felony. Samuel Davis, one of the city Smithfield officers, stated that between ten and eleven o'clock on Mon day night the - prisoner attracted his notice in the Poultry, merely by the suspicion with which he ap peared every now and then to look about him. He observed be was earryiog something heavy under his left arm, which he continued picking at with a knife in his right hand, and eating us he walked along. About the end of King-street, witness and a watchman stopped him, and found he was tickling his palate with some fine real Canterbury brawn, respecting the possession of which he gave various accounts. By inquiring at different shops, witness traced that such a piece of brawn had been missed from the premises of Mr. Myers, the fishmonger, in St. Peter's-alley, Cornhill. Mr. Myers said he knew very little of the pri soner, but he had applied many times at his shop for employment. He repeated this application on Mon day morning last, stating at the same time that he was in great distress; and complainant, without in quiring into his character, engaged him as a porter, fully intending to keep him in summer as well as winter, although contrary to the custom of the trade. In the course of the day witness lent him 35., and he went away between ten and eleven at night, but the piece of brawn was not missed till four o'clock in the morning. He was quite sure the piece pro duced was the same that had been missed, having himself cut the whole quantity to oblige a nobleman. It was of the value of upwards of 205., weighing above 151bs. The prisoner admitted he was guilty, and said he was in great distress and extremely sorry for his misconduct; and, in truth, he looked heartily sorry and care-worn. Mr. Myers had no anxiety to prosecute, but leav ing that question with the Magistrate, Mr. Alderman VENABLES said, there was so much ingratitude mixed up with the crime, that he should not do his duty to the public if he (lid not send him for punishment ; and the prisoner was accordingly committed for trial. BOW-STREET. Yesterday Elizabeth Coney was charged under the Excise laws, with having been found in a house in which a manufactory of soap, tmentered at the Excise-office, was carrying on contrary to the statute. Charles Henry Lord, an officer of Excise, stated that in consequence of information he received, he went to a house situate in Half-moon -crescent, Pentonville, on the morning of Monday last, in com pany with a brother officer, named William Wells. Witness climbed over a wall at the rear of the house, while Wells demanded admission at the front door, Witness entered the kitchen, in which he found about 6 cwt. of manufactured soap, and the imple ments for manufacturing the same. He found no person upon the premises excepting the prisoner; but saw a man escaping over an adjoining wall, The prisoner came down stairs, and on telling his busi ness, she said she hoped he would act like a man. Witness took her into custody, and made a seizure of the soap, &c., found upon the premises. Mr. MiNstiuu, on turning to the act of Parlia ment, found that any person assisting in the manu facturing of soap, without its having been duly en tered at the Excise-office, was liable to a penalty of 301., or au imprisonment of three months. He then asked the prisoner what defence she had to make to the charge. The prisoner replied that the soap was manufac tured without her knowledge, and that she and her husband were merely left in charge of the house by a person named Cheesman, to whom the premises belonged. Mr. Cheesman was an egg-merchant as he believed, and she was not aware that he had ever been engaged in the making of soap. Lord, the officer, said it was totally impossible that any person could be living upon the premises without knowing that a manufactory of soap was carried on in the kitchen. Mr. MINSHULL asked the officer if he was pre pared to swear that the prisoner was not only aware of that circumstance, but assisted in the soap-making. A guilty knowledge was not in itself sufficient to warrant a conviction. The prisoner might, as she had stated, have been placed in the house to take care of it without knowing what was carried on be. low stairs ; or, knowing it, she might not have been aware that it is contrary to law. The officer again repeated, that it was impossible she could have been in the house and not know of what was going on. He therefore conceived that shame within the provisions of the act, and pressed 4- her committal. After a ,00d deal of discussion on the wording of the Act, ana\the power which it vested in the Ma gistrate, Mr. IN,TlNstium, remanded the case for a week, upon.the understanding, however, that if in the interim the prisoner procured good bail, she might be liberated. MARYLEBONE. Yesterday morning Mr. Horror, the proprietor of the Colosseum in the Regent's-park, was summoned before Mr. GRIFFITH, for obstructing the foot-pave ment in Albany-street. John Weatherly, an inspector under the Commis sioners of Woods and Forests, stated that three weeks ago a large quantity of bricks were placed in the above situation, and, notwithstanding Mr. Hor nor had notice to remove them, he neglected to do it, and the commissioners ordered him (the witness) to put the law in farce. Mr. Hornor said, in an immense work of that kind he thought little things should be overlooked. Mr. GRIFFITII told him the work was of a private nature, and the public were not to be put to incon venience by it. Mr. Hornor promised to abate the nuisance, and paid the cost of the summons, and Mr. GRIFFITH disposed of the case without im posing a fine. QUEEN-SQUARE- Yesterdayan Irishman, who gave his name Michael Lawless, presented himself before the Magistrate, Mr. MARRIOTT, to apply for a summons against Andrew Jones. The applicant said he had made out his complaint in writing, and handed a paper up to the Magistrate, stating that he was ready to swear to the truth of every word. The following is a copy : " May it please your Worships,—l, Michael Lawless, have laid a bill before Andrew Jones, which he refuses to pay. The circumstances are peculiar, and as follow : "To 11 weeks' washing and lodging £1 2 0 " For illicit connexion with my wife during the time he lodged with me, and represent ed himself as her brother, (luring which period they abused my rights as a man, for which damage I charge " This testimony I can make good on oath ...X1 13 0 ,6 MICHAEL LAWLESS." No sooner had Mr. MARRIOTT read the above extraordinary bill, than he indignantly ordered the applicant out of the office, who at first attempted to reason with him on the moderation of charge. ~ Mr. MAttnioTT—Turn that fellow out of the office: I never heard of such a piece of impudence in my life. _ Applicant—Your Worship, I am willing to swear to the facts. Mr. MARRIOTT (to Gillmore the chief constable) -:-Turn that fellow out instantly. 'Whereupon Gillmore ignominiously ejected the applicant out of the office, who complained in bitter terms that be could have no justice for his wife's infidelity. HATTONr-GARDEN. . Yesterday Thomas Hart, driver of the hackney coach No. 734, appeared upon a summons before the sitting magistrates, Mr. Serjeant SELLON and Mr. LAING, to answer the complaint of Mr. Thomas Reynolds, of No. 61 , Fitzroy -square, fer negligent driving, and for a most serious, if not fatal, injury sustained, in consequence, by his (the complainant's) brother, Mr. Peter Reynolds. The complainant stated, that at seven o'clock in the evening of Tuesday the 16th instant, he and his brother were crossing that end of Gray's-inn-lane, which opens into Holborn, when the defendant came rapidly driving along by Middle-row, and turnipg upon them suddenly into Gray's- inn -lane, before they could have possibly had time by the most active speed to escape the danger, they were both together precipitated beneath the horses' feet, and the wheels of the coach rolled over them. He (the complain ant) providentially escaped unhurt, but his brother was seriously injured, his arm was broken, and he was conveyed in a state almost of insensibility into one of the adjacent shops to have surgical aid ad ministered to him. " In fact," said the complainant, " the shock was so violent and sudden, and the dan ger so alarming, that we cannot now reeollect the particular circumstances of the moment, am whether it was_by the feet of the horses or the coach-wheels, my brother was so injured. He cried to the de fendant at first to stop ; but either he did not hear or he was regardless of the cry ; and after he had driven over us he proceeded impetuously along Gray's-inn-lane. Several witnesses came forward, and corroborated this statement, adding that the defendant was loudly called to in a voice which must have been heard by him, by a great number of persons who witnessed the danger; but he was perfectly heedless, and would not be restrained. Mr. Serjeant SELLON said he thought the magis trates could grant little or no redress under the cir cumstances. The defendant was summoned far ne gligent driving, and the highest penalty in the power of the magistrates to inflict for that delinquency was 10s. upon the driver, and 20s. upon the owner of the coach. If, therefore, the complainants sought for damages, they must take the case intp a court of law. Mr. Dickinson, of Copthall-buildings, who attend ed professionally on the part of the complainants, said that damages here not their object : they wish ed only to make an example of the defendant. Mr. Reynolds—That is merely our object, and here is a certificate from our family physician, signed this morning, showing the imminent danger in which the life of my brother lies. A mortification took place in his arm last night, and I am afraid I shall quickly lose him. Mr. LAING—That alters the complexion of the case altogether. It is to be apprehended, then, that the injury may prove fatal. Mr. Sergeant SELLON—The evidence certainly goes to amilful trespass, and I shall therefore commit the defendant for further examination. Catherine New and Mary Anne Philips, whose united ages amounted to 125 years, the one tieing 60, and the other 65, were brought up charged with being common prostitutes, and with committing a breach of the peace. Gilbert Goldfinch, a watchrinn, stated that at half-past 11 o'clock the night before, he found both the defendants nearly in a state of nudity, and en gaged in a furious pugilistic contest in Gordon square, St. Pancras. They had stripped for the purpose of fighting, and their screams alarmed the entire neighbourhood. Knowing them to be com mon prostitutes, be conveyed them immediately to the watch-house. Mr. Sergeant SELLoN—You know them to be prostitutes ? Watchman—l do, your ,Worship. Mr. Sergeant SELLON—Then I shall send them both for seven days to the base of Correction. THAMES POLICE. Yesterday some Captains of ships were summoned before Mr. BALLANTINE by Captain Compton, the dock-master of the St. Katharine's Dock Company, for having moored their ships within 100 yards of the entrance to the dock. .From the statement of Captain Compton, it ap peared the company have, in their act of Parliament, a clause, which enables them to proceed against the owners or masters of any description of ship or craft who moor their vessel E within 100 yards of the water entrance to the docks, for a penalty of 51., and I/. an hour during the time the vessel is so moored. The defendants contended generally, that the Dock Company were not entitled to this privilege, they had no right to claim a greater extent of privi lege than that enjoyed by private interests on the river. It was customary in the port of London, and indeed allowed, that any vessel should remain moored opposite the wharf whereat she discharged, one tide, which was a much greater inconvenience to the wharfinger than this alleged offence could be to the Dock Company. They contended that this course was against the rule by which the navigation of the river was directed, and could not have been allowed by the Legislature had it been aware of its greatly inconvenient and injurious tendency. When directed by the Dock-master to move, it was impos sible for them to do so. Mr. BALLANTINE, in deciding upon the matter, said he was bound to convict, as the Act of Parlia ment pronounced this sort of thing to be an offence. It was therefore against the law, and he had no feel ing other than to administer it. He had nothing whatever to do with private interests. But he con sidered, certainly, that this Company were fortunate in having this clause in the Act, by which they were protected; very lucky indeed, and for his own part had he been in Parliament he would have opposed it, and perhaps they would not have had it. How ever, as it stood, he must convict, and fined each de fendant in the mitigated penalty of 50s. and one of them in the sum of 20s. for the hour he had re mained, after having received notice from the Dock master to go away. UNION.HALL, Yesterday a man named James Griffith was brought before Mr. CHAMBERS, charged with having obtained a small sum of money from a Scotch lad, under the pretence of procuring him a situation. The prisoner, it appeared, is one of those fellows who are constantly on the look-out for inexperienced persons who visit the metropolis, many of whom are plundered of their all by men of the prisoner's stamp, on their entrance into town. In the present in stance, it seems, the complainant, who was born north of the Tweed, arrived from Scotland a few days ago, with a view of bettering his condition. On landing from the steam-vessel which bore him hither, with his pack on his back, he pursued his way along the Borough, stopping every now and then to gaze at the shop-windows. Poor Sawney was not long ashore before he was espied by the prisoner, a good judge of physiognomy, who, guess ing him to be a " green horn," went up, and, imi tating the Scotch dialect, welconied the stranger to town, and inquired of him whether he was in want of a situation. The poor Scotch lad replied in the affirmative glad to have met with a person disposed to assist him so opportunely; upon which the cun ning prisoner said, that there was a vacant place as porter, at a wine -merchant's, in Tooley-street, at wages of 245. a-week,---adding, that he was well ac quainted with the foreman, who was his friend, and who had the situation at his disposal. The prisoner then said, that as it was such a place that was not to be met with every day, he should expect complainant to give him 12s. on procuring it for him. To this proposition the young man at once assented, ,pro vided he was placed in the situation before he ad vanced the money. The prisoner, however, soon silenced his scruples on this head, declaring, " 'pon his honour" the money should not he in his pocket half an hour before the vacancy should be filled by the person from whom he had the cash. Tile fellow, having over and over again declared that the corn plainant should have the situation at length induced him by his promises to advance him the above sum. Th e moment the prisoner got possession of the mo he, "follow me to the merchant's, a n n e, dy‘‘‘vNaiOtwo; said outside whilst I go in to speak to my friend, the foreman." The prisoner did enter some it app ears , b u t did no t come ou t th e way house,hewent in; an d t h e p oor S co t c h mau might have waited there until doomsday for his return, it appearing that the fellow had escaped the back way to the water-side. The person who had been thus choused of his money, on walking over Blackfriars bridge the following day, met the prisoner, and im mediately gave him into custody. He said he was confident of his identity. The prisoner blustered a good deal, declaring that he was not the man; but, unfortunately for him, be ing known to the officers as a fellow in the habit of committing smilar acts, he was committed on the present charge to take his LAW INTELLIGENCE. COURT OF KING'S BENCH, DEC. 23. LIBEL.--BEIT V. LAIV:,ON. This was a cause for trial by a Special Jury, but as only four Special Jurymen were present, a tales was consented to. Mr. BRoDERICK opened the pleadings. This was an action brought by the plaintiff against the de fendant for a libel, published in the Times newspaper. The defendant pleaded the general issue, as well as a justification on three of the counts. Mr. GURNEY stated the case. This was an action brought by the plaintiff, a merchant residing in the city of London, and who had had lmsge dealings in an article called alva marina. In August, 1827, he received a letter from a person of the name of Oppen heimer, residing at Hurnburgh, and with whom Ire never had a communication before. By this he was informed that the writer had shipped three hales of alva marina on board of the Simeon, and requested him to pay the duties, and he would send Mr. Beit directions what was then to be done with them. On his receiving this letter he went to the Custom-house, and by the means of a gentleman there of the name of Arnott, he paid the duties. This took place on the 14th day of August, 1827, and Mr. Beit was greatly surprised to hear on the 17th of the same month, that the Custom-house searchers had, on opening the packages of alva marina, found some tea secreted in them. The ship in which the packages came was seized as a matter of course, as well as the packages. Mr. Belt then applied to the Custom-house, and, on presenting his memorial, the Commissioners di rected their officers to search the warehouses and premises of the plaintiff; they were so perfectly sa tisfied with the result of this examination, and with his conduct, that they ordered a stop to be put to all further proceedings. On the 24th of August, Mr. Belt was greatly surprised to see a statement in the Times newspaper, and for which this action was brought. Under the head of City - Article, it stated that a great stir had occurred at the Custom-house, in consequence of the seizure on the 17th of Au gust. It went on to say that a merchant residing in the city had three bales of alva marina consigned to him frond Hamburgh. In consequence, it said, of the mode in which the clearance of these packages was endeavoured to be effected, the clerk entertained some suspicions, and directed a search to be made, and on the packages being opened a considerable quantity of tea was found secreted in each of the packages. It added, that it was probable that the same parties had carried on the same proceedings to a considerable extent; and for a long time. The quantity of tea found in each paekage was about fifty pounds. The publication of the alleged libel was admitted. The Times newspaper of the 24th August, 1827, containing the alleged libel, was then put in and read. Mr. F. POLLOCK then put in the letter of advice, announcing the shipping the three bales of alva mariss, and proved the post-mark of Hamburg') on the letter. The letter was signed M. Oppenheimer. A witness was called, who produced the bill of lading of the three bales on board the Simeon, which was put in and read. James Hartley, clerk to the plaintiff, proved the facts of the manner it which the plaintiff received the article in question. He described the alva ma rina as a grass growing on the shores of the Baltic, and as being used for stuffing, bedding, &c. Charles Webb, foreman to the plaintiff, said he was employed in making mattresses of alva marina, and he was accustomed to open the packages of that article himself. He often put his hand into those hales which were sent into the country, to see whether they were damp or not. He had never found anything in the packages but alva marina. Another warehouseman vas called, who stated that the plaintiff kept his alva marina openly ut his place, and any one could open the packages, Mr. Arnott, a clerk in the Custom-house, Witted that on the 14th of August Mr. Beit applied to him to clear three bales of diva marina. Mr. Beit did not then appear at all agitated, nor did he excite Witness's suspicions in any way. Witness drew up the warrant for the payment of duties, and to give up the goods, Ire. This warrant was directed to the landing waiter. The warrant was then put in. J. Beeston, a landing-waiter at the Custom-house, was present at she seizure of the packages. He sent for the plaintiff, who came the same day to the landing-waiter's office. Witness told him that some tea had been found in the packages of alva marina,' and asked Beit whether he objected to his premises being searched; he replied, certainly not. Sir JAMES SCARLETT then addressed the Juty on the part of the defendant. There was no newspaper which abstained more from attacks on private cha racter than the Times newspaper. The TiMes had no inclination to injure the character of Mr. Beit. They offered to insert any explanation on the subject; but this was refused; and Mr. Beit insisted that the Times should put in an unqualified contradiction, and declare that there was nothing to support even suspicion on the subject. The Times on inquiring into the eireninstances of the case, how ever, refused to make any such declaration. The Editor of the Times had never heard of Mr. Beit until this transaction. The ship in which these packages had been brought from Hamburgh had been seized. On the evening of the next day a letter had appeared in the Globe newspaper, written by the Captain of this ship, who thus strove to clear himself. He would call Captain Rooue, the sows mender of the Simeon, to prove that the person who had sent these packages was in the plaintiff's bro ther's service. He also understood that Mr. Belt was in the habit of directing bales with particular numbers to be sent to his residence, and not opened at the warehouse. He conceived that this was suf ficient to justify suspicion, and he had no doubt that he should, as he was entitled, get their verdict. He repeated, that the Editor of the Times had no wish to injure Mr.Beit. He merely published the state ment as a rumour of the day. John Davis, examined by Mr. BROUGHAM.---Is a Custom-house waiter. On the 17th of August he received a warrant to land three bales of alva marina. After receiving this warrant Mr. Belt came to witness's office. Mr. Beit appeared very anxious to have them landed, and witnesf said that he would land them as soon as he could. He called twice or more times, and asked witness to land the packages of alva marina. They were landed by witness and examined. Witness suspecteu that there was something wrong about these goods, on two grounds; first, that Mr. Belt appeared so very anxious abOut them; and secondly, that they were pressed in a singular manner, and thought something was concealed in thems Witness was present when the packages were opened. In the centre of the bale a hag of tea, weighing 14 lbs., was found. Each of the others contained a bag of tea. The weight of the whole was 40 lbs. Witness then seized the bales. The ship also was seized. Captain Itoone deposed to the plaintiff's having a brother in Hamburgh ; that he had a letter inserted in the Globe newspaper, which he subsequently avowed to the plaintiff, who had him served with a writ, but the plaintiff afterwards stopped the pro ceedings, paying all the costs. Lord TENTERDEN summed up the evidence, and the Jury found a verdict for the plaintiff-- Damages 20/. SHIPPING INTELLIGENCE. LIVERPOOL. MONDAY, DECEMBER 22.—Wind W.S.W.—High water 81 minutes past eleven.—Arrived the Dol phin, Smithett, from Dublin ; North Star, King, from Charleston; Heroine, Sullivan, St. Andrew's; Harriote, Williamson, from Charente; Donald, Collier, San tander° ; Pacific, Sketcbley, fiom New York ; Zeno, Love, from Terceira. CLEARED OVIWARDII..---The Dido, Birch, for Africa ; Olive, Okill, for Africa ; Jolly Tar, Rossignol, for Bilboa. II I ] I N , , t; THE FEVER AT GIBRALTAR. :;,' :! " ' II It must be a matter of intense inte r e s t to il P ' ' ,5 , . at persons having relations or connexions in Git al raltar, as well to all who know how to f e el ti • 1 the miseries of others, to endeavour to trace . ;4 : W physical causes of that awful calamity whi s.! ,' ; to l has consigned to premature death more than fr "Th thousand of their relatives, or friends, or fellor,•, .A. countrymen, or fellow-creatures,---by whit ' Lc countless numbers of widows and orphans are le" . b i l to bewail the loss of those from whom they are: ' ' - °!, rived all their earthly support ;in a pl a ce, to'',„: a n, where no legislative provision exist s for Pk . .. /y1 maintenance of the poor, and where all the .." sources of private charity must prove excel - t e ; ingly inadequate to the re li e f of th e permanO: Hi misery that is entailed on that wretched pla of ) . se or to save the helpless victims from perishir4s : . by want ! It is impossible to deny that Oii primary cause of this tremendous visitatio:, under God, was the crowded state of the 17,1 ' 9 pulation. It is certain, and acknowledged, tits' i ; the fevers of 1804 , and 1813 were each preeed 4° o n by an excessive population : but it is equal. tee certain that in . neither instance did it nest": Or equal that oflB2B, previous to the breaking (' of the present epidemic. In neither of thet ' years did the civil population amount to 13,07 1 . ' persons ; whereas, it appears that the whole 6 pulation of the present year was 30,000,,,# whom about 3,500 we r e military, and.. tli,,T,c: wives and children mi g ht h ave amou n te d 4; 1,300 more,—leaving a civil p o pul a ti o n -, 25,000 souls! In a highly interesting and s'el mirably-written letter from Gibraltar, appeari4' in the monthly notices of the Wesleyan Or sionary Society for the present month of DS ember, on the subject of the fever,. it is saw " It is Most plainly and certainly of native ork°' and whoever contemplates the circumstances oft" place from actual observation, will be surprise s not that the infectious bilious should origin 4 here, but rather that any year should pass with; out its appearance, and unmarked by its avoi devastations." Something has been said in It: and others of the London papers of the ET vellon system, which means a tax of a real yen (2, 1 2 -1) per day, which a foreigner pays for ,' permit of residence ; and it has been I nferfc; that the original object of this tax was to chl. : the increase of the population, hut that : a It and improper use of the measure had product, a directly contrary effect. The real state Of ir. l case is this—a practice has existed in Gibral for.the last three or four years, of admitting persons, of whatever nation, into the garrison /1, their giving security for the payment of the i.r:l per day during their residence. There arc po; sans always ready to engage in this securig i fs brokers, who make a trade of the thing, ansiti , tend daily, by themselves and their agents, 4i land-port and the water-port, there to negociY' with the numerous strangers who present 00.; selves, receiving from them money or propo l3 l to the amount of two reels per day for a certs l % period,—one real for themselves (the brokl and one for the Government. It is understo u ; that the bonds of these brokers are never ohjo c se ed to, however many persons they may propose to be answerable for. How the payments 5 ' subsequently kept up on one side or the oth er r ! when the original fund is exhausted, isnot eoc,".. r " e . e _ but eel taM it is that multitudes of these lieow main permanently in the garrison, and thus it! that theplace has become inundated by foreigne r ', chiefly from Spain, some of them characters 0 , 1 tlie worst description, who maintiinecnhemsell in the garrison in the exercise of their sever callings as thieves, sharpers, gamblers, and el' e a , beggars! This has long been a source of ilt r ; inuring to the respectable inhabitants, by. Ind of whom it has been apprehended th a t epideir e ,.. fever sooner or later would be the consequen t ; , , The reason assigned by the officers of Grover l ii ' meat in Gibraltar for their perseverance iii t i i practice has been, that they were obliged to reev'' to it for the maintenance of the police cstabli° merit of the town and garrison, because -- Governmeet at home could not maintain ~ police. But surely, if' this is the case, woulI°11(, not be wiser, better, and more humane, for A, ; British nation to withdraw its troops from" tl ik s raltar, and surrender th e f or t :ess t o th e Spani,ar , ;' than leave it to be the hot-bed of plague, pe f it lence, and famine, manure(' and nourished 1 0 4:, latterly has been by the continual introduot of a compost so eminently suited to the pro (10 ~ of these horrible crops. o f( It may be hoped that thissubject will be til., i ; a matter of Parliamentary inquiry in the Sessions, and that means will be provided,; the rescue of hundreds of destitute women fil , children from the horrors of starvation, whili without the timely interposition of the BriP",, Government or the, British public, it is to LT feared will lie their fate 1 ensul, ‘thei iztv 04ta 4 461 Ag t a@nt and TIO badi Patti horn 1 . e 1 J BIRTHS. -ralo On the 22d inst. at his house, at the Acluair, lady of Sir George Clerk, Bart., M.P. of a son. On the 21st inst. in Upper Wimpole. street, the Hon. Lady Amelia Sophia Boyce, of a daughter. On the 19th inst. at the Duke of Beaufort's, Bade' ton, Lady Georgians Granville Ryder, of a son. ,jf On the 18th inst. at Cleashy, near Darlington, tbe!2l of Octavius Wray, Esq. of the Hon. East India Color:. Bengal Medical Service, of a son and heir. . On the 23d inst. Mrs. Ottywell Robinson, of ATV: street, of a eon. • _ _ . MARRIED. On the 23d inst. at Allhallows Church, London-4,lSi' by the Rev. Basil Woodil, A.M., Mr. Boswell lies' of Bond -court, Walbrook, and of Upper Stamford- 1 • to Agnes, second daughter of Mr. Richard Webb Jar: Carpenters'-hall. ss . " On the 22d inst. at Richmond, Bulkley J. M. 571 Esq. second t.on of Mr. Sergeant Praed, to Emma, 07 daughter of M. Dick, Esq. of Richmond Hill. On the 20th inst. at St. Alpl'age, Greenwich, CIO .- Wooderson, Esq. of Norwood, Surrey, to Ann, daughter of Mr. Pearsall, of Blackheath Hill. p i At Exeter, Lieut. H. Bennett, R.M., to Mary, daughter of the late Mr. Alderman Worthy, of that cad,,/ At Titchfield, Sarah, only daughter of Capt. Tb Monday, of Burseldon, to James, son of Mr. Buddeof merly of Titchfield Park. fil //° On the 22d inst. at Leeds, Kent, by the Rev. Sir Filiner, Bart., 'William, eldest son of Joseph Blake, JO# of Newington House, in South Carolina, and of Win, street, to Joan, third daughter of Fiennes Wykebam 104 , Esq., of Leeds Castle, Kent, and Chacombe Priory, :It', amptonshire. DIED. On the 21st inst. at Clifton, Lady Sawyer, the W o ' Admiral Sir Herbert Sawyer, K.C.B. On the 23d inst. at his son's house in King's M yard, in his 62d year, Thomas Borradaile, Esq. of On the 23d inst. at I)alston, Maria Josephine, w i o lf Mr. Griffith Jones, of Birchin-lane, solicitor, and child of Alexander White, Esq. of Kingsland-eresee" the 32d year of her age. On the 16th inst. in London, sincerely rsspectetit A il l, 62 years, Mrs. Rebecca Penryn, of Litehborough, 1 49 :: umptonshire. Of the malignant fever, Lieut—Colonel Payne, 6/1 : 4 0i • mantling the Royal Artillery at Gibraltar, much eater''. and respected. On the 20th inst. at Worthing, aged fourteen mon Pg Henry Robert, youngest son of Robert Hibbert, jun. d At Versailles, aged 16 years, William Durban, ne °. son of Captain Hoffman, R.N. At Underwood, Lieut. Jones, senior Lieutenant but in the Royal Navy. - - n PRINTED MA PUBLISHED by MURDO YOUN-I •°- SUN OFFICE, 112, STRAND, LONDON• I r - I(7_