The Sun. — London, England, 1841-12-17 00:00:00

VEN' TNT 4 S U N LAW INTELLIG ANCERY COURT.—(THIS DAY). a T IN R} AMIOT. he •LORD IN gave judgment to-day in this 'e, which was argued before the Court yesterday, upon to dissolve an injunction granted to re ,: Out the transfer of stock. -His Lordship said that he 1 0 : 1 1 read the petition on which the . injunction was to l l ' lt e'ii and from that petition it appeared that in the I th of August last t a t bill of discovery nas filed in the I j4 rt of Exchequer. It appeared also that in the same 1 14 1 - 1 1 4 " a distring as was sued out and served upon the 4 1 4.t h e ni c• That operated as a precautionary measure., and Party had the opportunity of filing his bill in the nary. tray, and moving for an injunction, the dt.. in the meant. • , ime beim , . secured. The prac- + 4 7. had been of the_. Bank of England to a no!ice on the party who had sued y L t . ' the writ, th a t un l ess w i t hi n :t certain time (that 7,1," . 1 1 , ing a week). a bill was filed, the restraint would , . ► oti . the stiick. That was the position ot tnings 1 " the Art Caine into form transferring the Equity ,l,lllu,,trisilietion of the Court br Exellequer to this Court. h i 'd that jurisdiction continued, the party would not ti !tt I .een entitled to have sited out the second writ of ..,!: t ringas, or, if he was, the Bank of Er.gland would " Paid no attention to it. Then-the Act came into ,17 1 :, 44 1i0n, and by the fourth and. fifth sections, as his " r ` - ' B hip had always understood, and which was fairly th at Ile collected from the Act itself, it was intended those t wo reme di es s h ou ld b substituted for the remedy of ilistrhoras %%hick had hitherto been r . hby the Court of exchequer, and the party should ;(i the right of suing out a distringas, or availing him -11. 0 1 the p rocee di ng , un d er th e 4th section, if he thcught ght tt l i ,er- Now it did not appear to his Lordship thgt . :tits Party should be placed in a better situation since the to . s lit of the" Act than he was before it came into ope -1,;1u,P.• Under these circumstances, the Court was of t tl rlen that the party ought not o have applied under d e e4 tl section for the injunction ; l and therefore the or- Made upon petition fiir that purpose must be'dis 15riled witl ots With respect .to the other points' kj Sed • 1 " his Lordship would confer with the other Judges,. kri s` tome to some fixed rule to be adopted tinder the 4th 1 : 15th sections. ATTORNEY-GENERAL V. TIIE EARL or STAMFoRD. k d d 'lr• Milne, following Mr. Bethell, and Mr. Anderson, un , -e ssed the Court at considerable length this morning, ueltalf of the application to re-hear the decree pro eed by Lord Cottenham. th e CHARLEi WETHERELL then proceeded to ruhliess •. e eft . -ourt on behalf of the presolt . trustees, and bad riot — "eluded when we went to press. Ei] NC E. CH ROLLS' COURT.--(THIS DAY.) BROOKS V. PURTON. if r• CIIANDLESS moved for an order to discharge a o 'al order to amend a bill without prejudice to a corn -4 unction obtained as of course after an answer had 1 ) ,;(1 0 4 11 Pat in, a previous order not having been aban- Ci i , t ll l but not acted on. The suit had been insti %el' restrainingor (amon g oth e r things) the defendant b t ta continuing an action at law, which he had cotn iltie,ll('d 'to reco v e r 925/, b e ing on e half year's interest •t o 4 1)0n 5,0001. lent ou mortgage to the plaintiff, and it) restrain him from all further proceedings for obtain - t he accr u i ng : i n t eres t on th a t sum , and a common in letian had been obtained for want of answer. t ow l 'e MASTE R of the Rou.s, after hearing Mr. Rotnilly „` t a said, th a t it a pp eare d an o rd e r had been obtained i ll4 ll ead the.bill, the plaintiff undertaking to do so within t tt i n c ' Weeks, and subsequently another order was ob .,.ded as of course to amend, the plaintiff undertaking to F .. witkin a week. What was done on that occasion was t L' Il Y cSittr . avention of the . "T3th - tirdei of the Couet. I,,,c h a s said that order should not be construed literally, (. 04 ° Was of opinion that the 13th order could not be o ,, , Vdered as referring only to orders to amend, if aeted on - Qat that it referred also to orders to amend the after vi: t 'r• lie was also of opinion that it was in contra terif I " of the 2d order of the 9th May, 1339. The pre k4,," a PPlication, therefore, must - be granted, with costs. " 4 1:1tT soN V. EASTERN COUNTIES RAILWAY COMPANY. '441, Was a motion for an injunction to restra i n the h a dquant s from prosecuting an action at law they e° almenced against the plaintiff, their late Secre tyYi.fiir recover i ng the sum o f 2,500 / . , a ll ege d to b e d ue t it i t t) the Comp a ny, and that an account might be d eri e n between the parties, and inspection granted to the N_lalatit, of the books and papers relating thereto, in ;salon of the plaintiff. ,fie ( 1. • Turner was opening the case for the plaintiff when : " to presF. ---- ' e t-CHANCERY.—(THIS DAY.) (liefore Vice-Chancellor ItNIGHT BRUCE.) 'Ar r 1101iNER v. SAYNOR.—THE NEW ORDERS. • 114Ite • S PIPKINSON renewed his application to his .I . IC- Air - r to issue an order to the Sergeant-at-Arms to bring lA, I V Collett to the bar for not complying with an order 0,: 111 „ ( ley into Court. Mo re 110Noutt inquired whether the order was made M r r e t,e new orders cothe into COurt. fu re, O l MPRnisori replied that the order was made be-' t ' r der 4 -1 : t when the time for payment expired, the new 116 i l ,ad come into operation. 44 eti ' () ,outt. inquired whether the intermediate pro- R W let formerly existed, been abolished? 1 . 1‘1. 1. it '-f - I l t /It 'kissON said the Gth i . irder provided that no e uelli or ; t aeliment with proclamations, nor any writ of e "alpo i :' s hould be thereafter issued for the purpose of the~ urt obedience to any order, process, or'decree of wl,ioNouß said he had always considered the process 4 4 - I Was sought to be used in this case as heavy and ; but in the present ease there seemed to be no 4,patt•ve.. The arties mi rht take the order upon the lii p • - 17 td. t I) ,‘(!rstanding t w . as gun! e par e, an a the • of those who applied for it. f i , t 4 he order was then made for the party to be taken C I the custody of the Sergeant-at-Arms for contempt of ° um HOLLAND V. CLARK. arguments in this cause were concluded this rui ng o • N o ▪ h ugh the sum in diSpute his HONOUR IC 4 . the ease was one of such difficulty that he must defe r 1 • Judgment until the first day of Hilary Term. (Before Vice-Chancellor WIGRAM.) DLAKESLEY V. WHIELDON. gab S , HONOUR 6ire Judgment this morning for the " t 'ff, reserving the question of costs. BENH,—(TH IS DA.) t- -g . s at Nisi Priu C at Guildhall, before Lord DENM Y AN and a Special Jury.) f• i• r' DANIELS V. BARRY. ~R ESSWELL • (with whom was Mr. Green wood) -Ole o "' the case. It was an action brought to recover tol l: fOr a false and fraudulent representation alleged t Whitby,‘ ivi th ye been made. by Mr. Barry, a ship-owner ii a 1 51 ki regard to a vessel called the Lady' It le tifl4, Messrs. D a niels, are London merchants, c A t ," business in Mincing lane, and in the monthof jl4triu4VitYeleloB3bB, they entered into a negotiation with . a ship-brt,ker, for the purchas e of the I(4 m Mild:, f or the sum of 5,150/., Mr. Welcomb wiar h an l - i • sir behalf of the defendant that the vessel in u Nil -l. " was fit to remain for ten years on the n t e i N i v e tal e IV (Lloyd's A ). The defendant agreed had 4 4 , J e n these terms, and after the purchase b ' e eti ~k a de it was found that she was very . t e ''esßv-', the wales were not of the proper thick ,it"e counter timbers were also defective as If v ' s ,, the scarfing, and the planks decayed very o The no; having been properly seasoned.. ; a f , 1 44,..%nee was ' that irithe year 1840 the plaintiffs were w/ ;„"t to expend not less than between 700/. and 4 r epairs Order to keep her on the register, and 1 9 : 1 show:i ( t ' l l iat these repairs were not occasioned 1 1 ,.tkit hi tir ,dinary wear and tear of the vessel, but from "elects in her construction. He contended that k 1 el; I :r i ~ the defendant, must have known the manner .i' e " the vesse l h a d b een built, and had therefore - 'llt ;.;13''. made a f a lse representation of her condition. ay ; F i lan ant of the damages it would be for the Jury to „, 'NI te l. every ` I , f( •t-t " the plaintiff; were obliged to defect i . 41 • • - • • m e defend atnt ws . e lie 11 0111111 t. Jury t 4 l„. "r hen he sold the vesstd, thu Jury were boun a d 1‘, 1, 1 , " ee mpensetion to the Carter—l am now clerk in the New Zealand rn January, 1838, I was a clerk in the ern gled• 4- Or. NVelcomb, the ship-broker. Ile was i ern : - A '114,•• ''3• the defendant in that year to sell the 4 d l let'e a , r ed negotietion took r place.lNith the plaintiffs. written by - - Nit% elcomb to the defendant, t he v 'lJattuary, was put in and read. It stated tli f( t ) i r t .11-, o e i ssel had been conditionally sold to the plaintiff ,t re. 1 1,.. 114 11; ‘ ,' t he defendant guaranteeing that she slum ii - „ 1 Years in class A. 1., on. Lloyd's new register, „ Th; regarded hull and stores. 4-„nnswer was then read, dated Gilt January, from kk;srry. to rile agreeing to the sale. A letter from Mr. tae plaintiffs; dated Bth .August, was also read, lat %1 tnat the only guarantee he bad given was t 144: 5 , 41(1 he in a certain class. lta tilt,." 94 c l TOß-GENeuse (with whom were Mr. Kelly (111- q i „•• W atson) w contended that there was no guarantee V"l4- 1 - Part o f th e d e f en d ant as to t h e con dition of tile hide v a nd independently of that objection no contract air c ", given in evidence. 1 14 -:Esweer. submitted that the letter of AFV..Wel "alA"°neted th . 6 agent of the defendant, sufficiently , 18 , u t,''l the sale. The terms of Mr. Welcomb's letter 4; 1 nave sold her conditionally—you guaranteeing, 4 1 krp, d 8 ", and the reply of the defendant was that he is 111 and assented to the representations so made on 'e d„i a 'f• The broker evidently acted as the agent of by "(lent, and the represeutation made by the broker 4Plaintiffs must be taken to be the same as , if made Elie 04,fendnut So lacrrou-CFNERAL would maint:till that tl:e 111 •44 . ti t le vessel was ;ad in issue, and there had been no L ora sale what ever . 1- kNsise thought the question of sale was put in M r r ,Y the d ec l arat i ons. sal e tile' had no objection to put in the bill of M r ' le Court th oug h t i t necessary. Curter re- examined—Previously to the bill of sale e neth was all agreement in writing between Mr. Wel a„.ad Messrs. D an i e l s . Th e Lill of sale is dated 13th (il un trY, 18.38. 1 1 , 41 : - : . e ge Henry Chambers—l was clerk to the plaintiffs --e Y were in t rea t y f or t h e L a dy Hilda. I saw Mr. N s ." 111 ) respecting her classification, and he said she t . ppn •A 1 ship. - B °Lierron-GENERAL objected to that . evidence. 411rege fitted that Mr. Welcomh had no right to make t ‘ S a . h, ritltt iT ie ns , but merely to enter into a contract for "re. c i e , vessel. Whatever representations lie made 4 tid et) ,arty without any authority from the defendant, u.td not bind him. iti ß F l% CaEssweee trusted that, for the sake of fair deal- Prie:il w een man and man in the city of London, the tsake pie would not be recognised that an agent night NeeipV , se fo r r epresentations with the knowledge of his the purpose of effecting a sale, and that then he could turn round and say he was not bound by these representations. Lord DENMAN said, without going along with the de fendant's counsel, or expressing any opinion upon the general doctrine, he felt this difficulty, that he could not tell what occurred between the parties until ho saw the agreement. Mr. Creswell was about to tender evidence of what occurred between the plaintiffs and the broker, and the result of which was that the letter of the 3d January, from Mr. Welcomb to the defendant was written at the instance of the plantiff, and it was only on the produc tion of Mr. Barry's answer that the plaintiff was induced to purchase the vessel. Lord DENMAN did not think the Jury could know ►►hat occurred unless they saw the agreement, and if that MIS not produced the plaintiff must he called. Mr. CRESSVELL %Mild tender the evidence of what occurred previously to the bill of sale, and then take the opinion of the Court. The witness proceeded—At the request of Mr. Da niels the letter of the 3,1 of January was written In Mr. Barry by the broker, it being submitted in the first in stance for Mr. Daniels' approval. The answer was also shown him. Ile said that he would not purchase the vessel ►unless she was classed for ten years in the register, and had Mr. Barry's guarantee. to that effect. Lord DENmAN still thought the agreement ought to be put in. The agreement was then put in and read. It was dated Jan. 8, 1838. After some further discussion between the Learned Counsel— • Lord DENMAN thought the case ought to go to the Jury, reserving leave to the defendant to move for a nonsuit if the Court should be of opinion that the de fendant was not bound by the representations of his agent. Thomas Jackson—l am a surveyor at Whitby. I re collect the building of the Lady Hilda in 1835. She was built by Mr. Lambert, and at his death Mr. Barry, the defendant, undertook her. When he took her, her main and after timbers were up. A person going over her then could ascertain her build very well. Ihave seen some of the planks which have been taken off the vessel. The two planks are nearly five inches thick. There is nothing in Lloyd's about two planks ; it should be one plank ; but it is the common practice at Whitby to put two planks. At the heads the plank, is sawed through, partly to enable it to bend the more easily. I recom mended this vessel to be classed Al. I saw one plank very much worn. Ishould have represented to Lloyd's that the five inches were made up of three thicknesses had I been aware of it. I was not aware of it. I only saw one plank in that state. Several worn and split timbers were also shown me. Dlr. Barry was a good deal in London. He is on the Committee at Lloyd's. The certificate of witness to Lloyd% Was then, put in and read. . • I Henry Rouse—l am Captain of the Lady Hilda. I first sailed her to Barbadoes in January, 1839, and re turned in June, 1839. The ship was on shore on her first voyage. I complained of her weakness to Mr. Da niels, but nothing was then done. In December, 1839, I again sailed to Barbadoes. I found the after end of the ship very defective, so much so that it would not caulk. The plank was entirely rotten, and we were obliged to piece it as a temporary matter to bring the ship home. We were also obliged to leave out eighteen hogsheads of sugar from the after part. On my return the ship was docked at Mr. Hawke's yard at Rotherhithe. The ship was found so defective that it was , essen tially necessary to call a survey of Lloyds surveyors. Saw the, planks in the wales taken off. ..Almost all of them were more than two thicknesses. It was ash, oak, and fir. Some were sound, and some decayed. Of all those taken out not one was sound. I think the timber was originally defective, and have no doubt of it. The wing transom .is one pf the myst .impor4kt4 . the stern Tit was just . under '' the counter. - It was taken nut and condemned. It was not solid as it should have been, and the timber was unsound. (Witness here stated other timbers which were unsound.) I d o n't think the vessel should ever have been classed A 1. Mr. Ilawkes detailed the various timbers taken out of different parts of the vessel, and which were condemned and replaced by sound ones at the instance of the sur veyors. His bill amounted to 9001., and about 7701. of that was for work done.to replace defects in the vessel. • Mr. Bailley, one of the' surveyors at Lloyd's, produced the rules and regulations for the construction of vessels, and their classification. (The case was proceeding when we went to Press.) EXCHEQUER-(THIS DAY.) DUDELAINR V. THE SOUTH WESTERN RAILWAY COMPANY. - The plaintiff in this case sought to recover compensa tion against the defendant for loss sustained by hiM in the sale of a quantity of fruit, which loss was occasioned by its detention by them for such a time as to cause the loss of a market. Mr. J. Jarvis, Mr. Richards, and Mr. Humfrey ap peared for the plaintiff, and proved that the plaintiff had consigned to him from Ilavre a large quantity of plums, contained in two hundred and sixteen baskets. the agent in France having agreed with the Captain of the Calpe steamer, that the goods should be delivered in London, free of all other charges, for the sum of 121. 10s. 10d. The goods arrived safe, but through some blundering upon the part of the servants of the Company, when they were offered to the plaintiff in Covent-garden, a demand was made upon him for 121. 10s. 10d. laid out, and 51. for the carriage by the railway. He showed the carman the agreement for the carriage, but the carman said he could not deliver them without the 171. 10s. 10d., and he took them back to Nine Elms ; it was true the error was found out in . thecourse of the day, and they were re-delivered, but tit too late an hour for the market that day, which was Saturdafthe 7th of August. The plaintiff was obliged to keep theM over till Tuesday, when they were so much deteriorated that they did not bring above half price. Mr. HILL, upon the part of' the tiefendants, called wit nesses, who showed that the goods were delivered at the station in Southampton, on the 6th of August, and were put , in the good s tra i n, which usually started at eigUt o clock in the ,evening. They were sent, by Prieux, the agent for the Commercial Steam Company, who made the charge of 121. 10s. 10d. The way bill was delivered Ito the guard of the train at eight o'clock. The clerk (,f Prieux had found out his mistake, and arrived at the station at ten minutes after eight, to correct it ; but the clerk refused to interfere, although the train did not start until seventeen minutes after that hour. The clerk sent up a memorandum by the mail train, which arrived in London before six ; but it did not reach the hands of the principal clerk till ten o'clock, at which time the goods had been sent out and brought back again. The Learned Counsel contended that the plain titr had no claim against the defendants. Had he any claim at all it was upon the Commercial Steam Packet Company. The plaintiff proved the value of the fruit, which, had it arrived early enough for the market, would have been 55., and that they were sold, some fur 45., some 35., but the greater part at only Is. The average loss was about half, or 2.3. 6d. The Jury found a verdict for the plaintiff—Damages 321. 4s. BANKRUPTCY.-(THIS DAY.) InTeIICOCK'S BANKRUPTCY. Mr. MAI:81)EN, the bankrupt's Solicitor, applied to the Learned Commissioner to know his final decision with regard to the bankrupt's last examination. Such con fusion prevailed last night at the close of the proceeding. , , that he was unwilling to prolong the matter, and he con sequently deferred his application until this morning, Mr. Commissioner HOLROYD said his intention was to adjourn the ease situ' die. - Mr. MA RSDEN said, although most disreputable facts had transpired during the course of this very lengthened investigation, yet he felt bound to inquire, whether the bankrupt would be called upon to defray the expenses of a fresh meeting ? Mr. Commissioner HoutOvp said, as he had adjourned the case, he should say nothing on the subject to which Mr. Marsden alluded. IN RE WIIITEHEAD, This day being appointed for a meeting of creditors under the lint agatnst the bankrupt, who was an extensive printer in Fl«q-street, Mr. CHAmnEns (the Barrister) applied to have the bankrupt out of Court during the examination of Mr. Chandler, an annuity broker, ►►li was a nephew •of the bankrupt, and concerning who►n there was much dis cussion, as to whether he was a debtor or creditor to the estate. His object in making this application was to prevent the bankrupt from having any unfair advantage in giving his answers on a future occasion. The bankrupt's solicitor said, if the Court required the bankrupt to leave the Court, lie should take a note of the examination, which would be available .to the bankrupt. Mr. Chandler's examination (which the Court decided was private) was then proceeded with. DISTRESS AT PRESTON. TO THE EDITOR OF THE SUN. Sin—Witnes,ing the lots of furniture (if tit can be called by that name) sold every day at the Obelisk, be, longing to poor people, who are sold 41p for rent, I ap plied to a rent-collector for a statement of the gross amount of such sales. He gave me a list of thirteen e ases, which I beg to enclose. This list proves two points: first, the lamentable destitution of poor families, when the whole of the furniture and bedding will not fetch more than 2s. Bd., 3s. 4d., 6s. 3d., or rarely indeed as touch as 15s. It also fully explains why the home trade is almost entirely at a stand. 1 specially beg the attention of the w ell fed, will clothed, well bedded, and well housed bread taxers, to this appalling statement. Preston, Pee. 16. Yours, [ln the list transmitted only two. sales exceeded 155.; one brought 2/. 8s , for the property of a little shop keeper; and another 11. 11s. •, the average of the other eleven did not exceed Gs. 5i11.!] The following is a list of the amount of distress sales within the last two months: • s. d. 1 11 0 O 11 21 2 8 0 O 3 41 O 14 2 O 8 3i O 12 6 aE d. s. O 7 4 O 2 8 O 12 3 O 7 10 i O 13 1 O 6 3 --- UNiVERITY INTELLIGENCE. MURIDGE, DEC. 16.—At the Congreiraticn held yesterday, the 15th instant, the following degrees were conferred : Master of Arts.—Rev. Cusaelc, Catharine Hall. - Bachelors of Arts.—William Elias Taunton, Tiinity College ; and Edwin Mountiford Stephen Sandys, St. John's College. Bachelor of Music. —James Horatio Simpson, Calus College.—This is the last day of term. • - HARWICH, DEC. M.—And. Amelia, Mar seilles ; crew disabled, Shields fur THE StIN, LONDON', FRIDAY, DECEMBER 17, 1841. AMERICAN NEWS (EXPRESS FROM LIVERPOOL.) LIVERPOOL, Tn URSDAY. ARRIVAL OF THE CALEDONIA. By this arrival we have received New cork Papers of the 30th ult., Boston Papers of the Ist, and Halifax Journals of the sth. The Cale donia has brought thirty-two passengers, and made the paSsage in ten days and a half. THE WELCOME TO LORI) MORPETH AT THE CITY HOTEL, NEW YORK. (Frain the Boston Doll j Advertiser of Nov. 30.) We give below a brief and hurried account of the bril liant festivities in honour of Lord Morpeth at the City Hotel, last evening. DECORATIONS OF THE HALL. The decorations of the hall were most superb, and rk - fleeted great credit upon the gentleman by whom they were arranged and put up. Three tables were placed the wh •1 length of the hall, besides a table extending cross wise, a little raised above the others, at which was seated the guest, of the evening. At the rear of the seat of Lord Morpeth, was placed the coronet of Ills Lordship in velvet and gold, and at the backof this a .full length picture of her . Majesty Queen Victoria, from the gallery of Mr. Thorburn. On the right was a colossal head of the Apollo Belvidere, and on the left a colossal head of Diana. At the extremities right and left .of the upper end of the hall were various emblematical designs of St. George and the Dragon. In the centre of the room on the right, was a splendid sideboard in the form of a pyramid. On either side were arranged beautiful arbours of evergreen, in which were exquisite figures of Paris and Psyche. In the centre beautiful figures of the crouching-Venus, and on the right and left of this two columns surnionnted by figures of Venus of the Bath and Cupid—the whole interspersed with superb vases of flowers and other devices. The background was, of fine white linen, relieved by beautiful festoons of flowers and mirrors, the while surmounted by the royal arms of England splendidly emblazoned. Opposite to this was a balcony in which the orchestra was placed; on the top of which was a fine transparency with the words "Princess Royal," surmounted by the Royal coronet. At the foot of the hall was a transparency represent ing Howard House, the. Castle of Lord Morpeth in York shire. On the top of the transparency were busts of Chief Justice Marshall, Beerhave, and Sir Walter Scott. On the right of this were Lord Morpeth's Court of Arms, with the family insignia, Vole non Valeo. On the left, the .British Court of Arms. On each side of the President's seat were two splendidly .carved dragons. of burnished gold, forming brackets, on which were placed miniature figures of the Apollo Belvi der e and of Diana. THE TOASTS AND - SPEECHES. The President arose after the cloth was removed, and a part of the company sun;; with force and effect Non nobis Amine. This over, the audience were fully pre pared for the intellectual part of the entertainment, and the President again rose and said, Messrs. Vice-President and Gentlemen, our first toast is in itself so comprehensive of the ardent wishes of every true Englishman, that no language is necessary to accompany it to commend it to your consideration. I give you— • " The Queen—God bless her." The toast was received with enthasiastic cheering, and was drunk standing and with five cheers ; three being called, and the fourth and fifth being but two of the many voluntary and spontaneous contributions of the evening. A choir of select singers endorsed the Queen's toast by, the sweet impressive national song— " God save our noble Queen, Long may she reign over us," &c. Braham, with his tremendous voice, led off in the chorus, and filled the hall. The multitude present also joined in, and the effect was . cloquent in the extreme. The President then called upon the company to fill for the second toast. The goblets were charged, and the sentiment was— " Prince Albert and the Princess Royal." The toast was received with five cheers, preceded by the popular Glee of "Hail smiling morn." The third toast followed and was complimentary—" To the President of the United States." This was received with the same number. of cheers as the welcome to Prince Albert. The President here announced that he arose for a new object. •" We have now," he said, " reached the most interesting stage of our proceedings. lam called upon to perforni'a duty at once grateful and arduous to my self in rendering honor to the distinguished guest of the evening. My only apprehensions are that occupying the place I do, I shall not only •Tail to do justice to my own feelings, but to your sentiments. I cannot lay claim to the honor of originating this festival, designed to com pliment one among us illustrious • not only as Noble Lord,.but more illustrious for the good qualities of his head and heart—(Applause)—to one who adds to an enlight ened and liberal understanding the sentiments of a pure heart. But before I say more in honor of our guest, I must not be unmindful of those who having won should share the honor. The tribute of respect we this day offer, was prepared by gentlemen belonging to the same county with Lord Morpeth,—by a goodly number of Yorkshiremen of this city.—(Applause.) His Lordship has recognized among these seine of his late constituents. But these arc not all will can appreciate the great powers of mind, and bear practical testimony to the good ness of heart of our guest. No wonder that they should have been the first to honor and welcome the arrival of 116 Lordship on the shores of America, and "now my Lord," said the President, addressing himself more par ticularly to the guest, having done honor to these men of York, let me say a word fin• those who unfortunately for them were not born so far North—for the lazy Southrons, as we know, can come into Yorkshire too—at any rate in the admiration of genius—in the appreciation of ex alted worth. 'We can none of its forget the exalted sta tions our gnest has occupied in the councils of one of the most powercul nations on the globe." " All here," con tinued the President, "have pledged themselves to me, and I am pledged to you, that whatever may be our pri vate opinions, our political feelings are banished here.— (Applause.) 'We are met here one and all to meet your Lordship, and to give you a hearty greeting and wel come. Charge, then, your goblets to the brim. We drink to " Our distinguished guest, Lord Morpeth—honoured at home aid respected abroad—we give him au English man's welcome." The toast was received with nine hearty and enthusiastic cheers, and as Lord Morpeth rose to respond, the cheering was deafening. His Lord ship said : Mr. Chairman and Gentlemen,—l rise to return you, as best I may, my ulost respectful and heartfelt thanks, at what you will believe mu is an unexpected honour on the part of this Assembly in the sentiment which has been drunk, and the demonstration which this night has been given. Although hitherto it has been my good fortune in my own country to join in many such festive scenes, yet certainly it never entered my imagination that T should find so many of my own countrymen in a foreign country—in a distant capital and upon the' soil of a new world. I am fully sensible that I should not be warranted in attributing the honour of this welcome to myself. No individual claim of mine could have mustered so many men together as I see Ix cure the. You are brought together from higher considerations,—by the endearing name of country, by those ties and recollections which are all-powerful in the association of fellow-citizens in crossing every sea, and upon eves shore. lam aware that those .feelings and recollections have been enhanced with - those who orb t ;.inated this assembly, fr o m the circumstance of my belongii to one especial district of my own native land, and in resp et to which I should almost feel myself jus tified in hi> :Jig down what is so familiar to New York, and applying it to Old York. Ifyou will not, therefore, think 1 am taking too much of an advantage for a YOrk shireinan, I w ill christen Old York " the Empire county" of Old England.—(Loud applause.) I can, gentlemen, well appreciate the remembrance of a far-off home, sur rounded by the commerce and enterprise of this city which has enriched so many of you, and which reminds us so much of Leeds, Sheffield, and Hull, and where the stately Hudson, too, calls to view the romantic beau ties of 'our -own Humber and Warnside.—(Applause.) You need ..not he told, Gentlemen, that 1 no longer hold the position of representing the National Legisla ture in my native country. I should not regret that it is so, for had it been otherwise, I could not have hoped to have stepped upon the shores of America, or to have met with this good assembly of friends. But with party differences we have nothing to do ; and among the gra tifying objects of the present meeting, the most grati fying is, that we meet not of party, nor of county, nor of country.—(Cries of " Hear, hear.") In the immured, presence of the citizens of the city of New York, I owe an apology for dwelling so long upon topics of a national, local, or personal character ; but no apology need be oficred lucre for feeling the emotions, or speaking the lanAuaze of freedom. Lord Illorpeth here in brief ternis paid a tribute to the land he visits and highly respects, in connection with the land he loves and the home Of his youth and manhood. The homage rendered to the present and fair occupant of the throne was the especial homage of admiration. The voice of praise which we had heard here, he was assured, was echoed in our hearts. i t was a deep and an abiding impression, but no .w s incomp a tibl e w ith a respect for, and admiration of; the land here as well as that at home. .. "I cannot refrain from saying," sa id hi s L ordsh i p i n continuation, "that far rem me, far from my friends, and far from my country, and the age we li ve i n, b e.t h at tremendous responsibility which wantonly and without cause shall create discord between the two nations of the United States and Englund. Tremendous should be the occasion, great.will be the responsibility of those who would fun the embers of ill-will, or scatter the elements of strife among es.—(llear, hear.) I might,. inure properly ,P , ThaPs, have spared this al lusion. The horizon, however, is now clear from all threats and menaces, and I could not r es i st the inclination, thatk : ,s.— ( 1 here us e ui ) precio us brother tt t respect an d f avour !Te oy tw hood brought home to us 121 your daily meetings, in your ‘i oge as t business intercourse, and in all your relations, will bring in closer alliance the community of interest between you. Lord Morpeth sat. down amidst the loud est applause of all present, and the company tespfied their regard fir the man and their admiration for his sentiments, by giving him nine hearty and unanimous cheers. " The fifth toast was 'then drunk as follow . ;,—" England and the United States—Mother and Daughter—May the union between these kindred nations be as endurable as it is precious to both." This toast wa3 received with cheers, and followed by music and a song in honour of Columbia, and Oki England. Mr. Hoffman spoke: happily of the existing bond of union between England and the United 'States, and of the strength derivei from a festivity like thi The City of New York—her Chief MagistraV, and all her Municipal Authorities." To this toast the Mayor .responded, expressirg his thanks for the honor done to the city and to himself. lie closed with the following:—" Great Britain and tin United States7—their Peaceful Relations—Honor and Justice can maintain them." " The British Constitu tion—the Corner Stone of the World's Freedom.' "The Reverend Clergy, and their faitful Representative at this festival —Dr. Wainwright." Dr. WAINWRIGHT replied to this toast. He spoke of the great indebtedness America was under to England for the sacred volume. _ _ " The Floating Bulwarks of Groat Britain and the United States." Captain Perry responded to this toast, and offered a suitable toast in reply. " Our Native Land." " Woman —The last and fairest of God's creation ; the first and enduring object of man's affectiOn." " The Rose—the Thistle—the Shamrock, and the Leek—the worthy re presentative of the Charitable Societies, our welcome guests.'' Mr. Edwards, President of the St. George's ; Mr. Irving, President of St. Andrew's ; Mr. Rubin, Vice- President of St. Patrick's, and Mr. Alden, of St. David's, re&ponded to this toast. . . Siany toasts and sentiments were offered, but time does not permit us to give them. The dinner at the City Hotel has never been surpassed in our city, and the proprietors of the City I lotel acquit ted themselves wonderfully well in all their . arrange ments, as did those who, had the more immediate charge in the arrangements. The decorations were under the direction of the Messrs. Platt. The Committee of ar rangements performed their part of the service to admiration. MURDER OF PROFESSOR DAVIS, OF THE UNIVERSITY OF VIRGIN. (From the Boston Daily Advertiser of the Ist inst.) As the murder of Professor Davis has been justly a subject of much excitement, and as the dastardly wretch who imbrued his vagabond hands in the pure blood of a man that was an ornament to the State and country, seems to have taken measures to cheat the hangman of his righteous dues, I will occupy a corner o f m y l e tt e r with a brief statement of the facts of that infernal trans action, as I have lear ne d t h em on the spot; not t h at I d e • light in narratives of blood 'more than yourself, whose aversion to such tales, when told merely to glut a mor bid taste, I have had frequent occasion to observe ; but lest you, as I did till rightly informed, should labour un der the error that this was one of those characteristic transactions of the empire of King Mob, whose. behests . are unscrupulously executed by Judge Lynch. On the evening of the 12th of November, 1840, a dis turbance was heard on the lawn between the buildings of the University, which was supposed to proceed from some students .endeavouring to kick up a row in the ce lebration of the anniversary of a college rebellion. The noise continuing, Professor Davis stepped out from the doorsof his house to the scene of the disturbance nn the lawn ; there he found but two petsons ; he went up to one of them who was masked, and desirous to learn who it was, made a movement forcibly to remove the mask from the face of the rowdy ; who instantly drew a pistol and shot Professor Davis. . The ball entered below the stomach, rebounded from the spine, and dreadfully wounded him internally. The murderer instantly es caped. Whether Professor Davis had identified his murderer, has never appeared. He lingered a day and a half, but avoided saying anything that should implicate any one in his murder. From this cimimstance and the fact that there were no witnesses but those whose comfort inclined them to keep dark, no clue could be got to the author of the hellish deed for some days. The students, to whom the Professor was just'y endeared, organised themselves into a committee of vigilance, and not thinking it pos sible that the deed could have any connection with - the College rebolliemi- but "that it must • haves been committed by some stranger who had intruded into the grounds of the University, they scoured the woods, placed sentinels upon every road and path, made inquiries respecting every individual who had appeared in the vicinity upon whom a shadow of suspicion could light, and in short took, with caution and energy, all' those measures with which the history of time in our own meridian has rendered us familiar. Meantime the Faculty of the College, though deeply grieved. and excited by th. 3 event, re sumed comparatively passive, merely lending their aid and counsel when sought by the students, and trusting that from the spirit displayed by the students, the in vestigation was in good hands. So effectually did . the students arrange the net-work of their vigilance that from their thoughts going abroad after dark revenge inspiring assassins, they presently reached the astound ing conclusion that the murderer was among them selves, and eventually fixed upon -the individual. Semmes was arrested and' lodged in gaol; for a time his employments there were recreation with his friends and efforts to "correct" public sen timent, or rather to create a public opinion that should take him out of the hands of justice. So far was he suc cessful in sonic quarters, that by the aid of convenient fits of ill health, his trial 'a as deferred and deferred, till a few months since he was let go on $25,000 bail. On the 11th of the present month his trial was to come on at Charlottesville, but. lo and behold, he was not forth coming. I was in Charlottesville that day, and the talk was then, that the poor inoffensive thing was in a poorly way, and would not live a week, and an application would be made to the General Court to remit his bail. We subjoin the money article of the New York American, prepared for the sailing of the packet, and which consains the particulars of the Ame- lean commercial transactions to the end of No- venibcr " Since the sailing of the Great Wes!ern money has become inore scarce, particularly among the stock ope rators. The loans being generally called in, large amounts of State stocks have been forced on the market, and sold at much .lower rates than have ever yet been reached in this market. Illinois botfds have been down to 26, and Indiana to 30. Prices have rallied, however, and both descriptions are in demand at our quotations—. viz., for Illinois 36 to 364-, and for Indiana 341 to 35. " The pressure for money does nut appear to extend itself to the merchants generally, as little or no first class paper is offering out of doors ; and, if exchange declines sufficiently to put a stop to the export of specie,. our banks will be enabled to extend all the facilities that are wanted. " We do not, however, look for abundance of money, • or much decline in the rates of exchange, for some time to come, as the large importations prior to the I st ult., to avoid the increas e d d ut i es, and which were most l y f or foreign account, will cont i nue to dra i n t h e countr y f or some months to come, w hi le the low pr i ces a b roa d o f our great staples will diminish the usual supply of bills from the south. Besides these, the present, and the expecta tion of a continued scarcity of money in England, may induce the agents of foreign houses in good credit to draw against specie shipments as a means of placing cash in the hands of the principals on easier terms than dis counts can be Obtained i n the London money market, the gain in interest on GO-day bills, usually estimated at #to 1 per cent., now being from 14 to 2 per cent. " Domestic exchanges have not varied much since our last, the rates are rather lower, and the apparent disposi tion at the South to defer the period of resumption de ters dealers from purch as i ng largely. The Legislature o r A labama has v i rtua ll y sanc tioned non- resumption, an d the West and South gene rally are so dependent on New Orleans, that they are content to wait the movement of the banks there before taking any steps themselves, even when the ability is claimed and probably is possessed. " In New Orleans the great majority of the banks are strong, and if the managers of the sound institutions would only summon sufficient resolution to leave the weaker ones to their fate, a sound currency would be ob etlxtiii-:eeedt,v'n'iltildlinaGgoe(liaeyrasl;ll.)eust-tt distant than at this time last year. 1 11 11 1 i: 1,1 ( i m t no p l e v a r t s i p , p w e • ear ars g. fa r r i t o h t e t r o Our flour market has been dull, but prices are rather higher, and as the late storm has probably put a stop to canal navigation for the season, prices may advance still more, though, the product being so great, the advar c will not be material. " Advices from the 'West and South state the r g of the rivers, and the products shut out by the closing of lake and canal navigation will find their way to the sea board by a more circuitous route. " The vaunted safety fund of this State is now exhi biting itself in the light in which practical men have ever viewed it. They, from the begipning, distrusted the system on two grounds—first, as inducing a degree of coLfidence in the general circulation of the banks subject to the law wholly unwarranted by the amount of the f , t s t nl the ; a a tt for i l t by reason o f t h e genera l gua ranteeeticli, as supersedi ng i n t h e con d uct o f dud, secondly,on which, if dependent for its credit and uif all caution circulation upon its own resources and management, each would not fail to exercise. The fund now is for all prac tical purposes exhausted, and as the process of replenish ing is slow (an annual contribution of to 1 per cent. on subject to the l aw , w hi c h i s t a l b w ot e :t ti) s i t 3 3 o l3 ,oo 4 o, a o l o l o t ) h , e if b: % ' :•l l ll s besen that it iu truth offers little security. " The failure of some of the free banks has given rise to sweeping denunciations of the whole system, but with out adequate reasons, as we apprehend. With the ex• c all the free b a nks shat. n o Lave f s t:o pe s n n ( r e l d l largeatßla ut Portion of mortgages as part of their capital, and all men conversant with the business of bankhig know that assets thus unconverti ble never can, and never should, be relied upon to meet the liabilities of a bank. It was an original defect in the law authorizing free banking that mortgages were permitted to be received, and was pointed out as such at the time in this paper and others, but the country mem bers would not consent to a bill without such a provision in favour as they claimed of land. " The conseq - ucnces are as were foreseen. It may be confidently sub), however, that free banks, to which real money capital only was subscribed, which pledged sound stocks only for their circulation, an d which have been n and deser ve a t l e ast as ta i t i l l a u g e e h d e t r v e i d tll t du a c s d a i n s ;: re s ti a o f n el , y e l nj ,t oz i tank. They have, moreover i t g l e r r e a c t a e i r t a c f i a t cti y i i i for good, an d can adapt them selves e s to the ex i genc i es o f t h e times. It would not be .eliffieult to ill ustrate t h ese re marks by examples, but that might be d eeme d i nv idi ous . " The Congress will re - assemble on M on d ay next , a nd with 17 all eyes will be turned to Washington fine a time. The President, it is expected, will endeavour to present somk . plan for receiving, safely keeping, and di s b urs i ng the public revenues, which shall also incidentally aid in fur nishing a uniform currency, and in equalizing the ex changes ; but little confidence, however, is entertained that any plan can now be proposed that can avail, or will be accepted. " Meanwhile, tke Government of the United States is pinched for means. "The tone of public sentiment—so far as it can be judged of by private letters from various parts of the Union and by the public press, since the result of the Mississippi election has been ascertained—may be pro nounced- very sound. Sonic feeble sophists - , indeed, through some mere party Journals, have endeavoured to r show that Mississippi, because her agents were unfaithful, is not bound by their acts; but the mass of honest men o: all parties - look with horror upon any such palliations for roguery. Until they can rail the seal from off the bond,' and until they can show cause why the signature of Governor M'Nutt to the bonds he now calls unconstitutional should not bind the State, they not only of their own lungs, but the public sense, by mouthing about repudiation. Our own hope has been, and is, that the Legislature of Mississippi itself; when once convened, and acting in the face of the world, and under the sanction of a solemn oath, will not carry out the doctrines proclainied at the polls; and that, although they may, and very probably will, denounce the acts of the Union Bank, and of its agents, as unlawful, they will nevertheless pass a law, confirming, as to innocent third parties, the validity of those acts. Such a course would at once replace the State and its Legislature upon a foot • ing of honourable equality with other honest States. " We may not conceal, however, from our readers, that this hope of ours is contradicted by some information we have from that State, and in token thereof we copy the annexed paragraph from a letter received yesterday from a distinguished ial. , .yor in Mississippi:— JACKSON, MISSISSIPPI, NOV. 6. " The election naving been heard from officially, to a sufficient extent to know that the anti-bond paying de mocratic ticket has prevailed by a large majority, the Legislature will repudiate this winter, and having found that so convenient a way to pay debts, God only knows where they will stop. I heard a member say he was opposed to, and should move to stop, the taxes laid to pay State warrants, on the ground that they were ' bills of credit,' and forbidden to be 'emitted' by the constitution of the United States. Several Judges have run and been elected on the ground of its being honourable and right that the State should not pay its debts. So we go— where will democracy stop ? " Statements that have been published show that Mary land may have difficulty yet in meeting the interest on her debt. The assessment of the real and personal pro perty of; the State will fall under 200,000,000 dollars. This, at the rate of taxation imposed by the Tax Bill of the lattrssion, will produce under 400,000 dol. annually, leaving a deficiency to be made up which is estimated at 600,000 dol., and which must be met by an increased tax." UNIVERSITY IF THE CITY OF NEW YORK.-It is a source of real satisfaction to the friends of this Institu- tion, to know thc t it is advancing gradually and perma nently in the cause of science and learning ;—and that it bids fair to become one of the most popular and useful literary establishments in our country. The Professors devote their best talents to the advancement of the scholars, and all is peace and harmony. There is no single individual to whom the public are so much in debted, for the erection, completion, and success of the establishment, as the late Chancellor, the Rev. James M. Mathews—and but for his individual exertions, that beautifhl building, now the ornament and pride of the city, in our opinion would never have been erected. It must be a source of lasting satisfaction to him, after the many slanders that have been circulated, to witness the work of his labours, in its present prosperous and per manently growing condition. APPRO;CII OFMrINTER.—SiX of the last' ten days have been rainy and disagreeable, but mild. Tuesday and Wednesday wer e except i ons , however, for the glo rious sun shone brightly, and the atmosphere was - as mild and balmy as in May. On Friday night. it cleared up cold, and yesterday morning the gutters - and the small ponds in the vicinity of the city were covered with ice more than an eighth of an inch in thickness. About half past six o'clock last evening, it Commenced snowing, and the downy flakes fell without intermission until twelve o'clock. • Old Winter has put off his covering until a late period, but from present indications he is deter mined. to, assert.his sway over the seasons, and has laid his icy fingers on any vestiges of vegetation that yet re main. We fear that the navigation on our canals has been closed for the season by a natural embargo.—Philu daphia North American. SNOW IN THE INTERIOR.—On Thursday and Friday there was quite a fall of in the.mountamous regions of this State. At Hollidaysburg and in Northumber land county, the storm was very severe.—Philadelphia North American. SOUTH CAROLINA AND NEW YORK.—Mr. A. Rhett, of the South Carolina Legislature, gave notice of the introduction of a Bill relating to the pending controversy between New York and the Old Dominion, about re claiming fugitive slaves. It is understood to be a simple transcript, with a few alterations, of what is called the Virginian Inspection Law, and, it was presumed, would be unanimously passed. MORE RESIGNATIONS.--WC learn from New Orleans that Judge White intends to resign his seat in Congress, as a member t f the House from Louisiana. The resig nation of Mr. the Senator from Alabama, was re ceived by the Legislature of the State on the 13th. Go vernor Bagby is expected to succeed him. MISSING.—CoIoneI 'William 11. Hunter, formerly Member of Congress from Ohio, while hunting on the 20th strayed from his company, and had not been heard from at the latest dates, although several parties had been searching the woods for him for several days. MURDER OF A FATHER BY HIS SON.—A man named Pomainvillo, a respectable farmer near Montreal, was recently killed by his son. After some dispute, the son, aged about 28, drew his knife, and stabbed his father in five places. lie died soon after. The son has been arrested. VERMONT ASYLUM FOR THE INSANE. —Some un known friend has sent us a copy of the fifth annual re port of this institution, by which it appears that its suc cess continues to be very flattering. There have been, during the year, 165 patients, 28 of which were from New Hampshire ; and there remained on the Ist or Oc tober 95 ; the rest, 70, having been discharged. Of these 70, 41 recovered and four died. Of the 35 recent cases discharged, 31 have recovered, three not recovered, and one dead. Of the 35 chronic cases, 10 have recovered, 22 not recovered, and three dead. The above statement shows the very great necessity of prompt measures in . cases of insanity. Delays are dangerous, and friends should not hesitate in placing the unfortunate victim of it under proper and skilful treatment without delay.— Nashua Telegraph. The Norfelk Beacon gives an account at length of the proceedings of a great meeting of " the Old Dominion Anti-Stay-Lacint , Society." Old women of 70, and young girls in their teens, took part, and talked wisely and well of what they call the prevailing epidemic among women. After the organisation, the following resolutions were read and adopted :—Resolved, That as women professing godliness, we are bound to set an example of Christian forbearance with regard to .stay lacing—and instead of expending money for these use less fixtures, to appropriate what may be thus saved to the furtherance of our stupendous cause, in the distribu tion of pamphlets, &c. &c. Resolved, That woman is in her appropriate sphere when endeavouring to beautify society, by refusing to countenance stay-lacing in any form, and by that means promote the interests of health, intellectual worth, and primitive loveliness. Hurra for the Virginia women ! These abstractions are but healthy expansions of the system, and the contraction of it here is clearly the great evil of the day. Tight-lacing is as bad as a " tight money market," a legitimate phrase, by the way, in Wall-street—but the expansion in one case is no evil, and in the other a great one. ACCIDENT.—On Friday night last the steam-boat Cleo patra, on her passage to Hartford, came in contact with a small sloop_ boat, off Essex, sinking it almost instantly. The boat was owned by Dr. Sweet of Guilford, was loaded with brick, and bound down the river. One of the Doctor's sons and a coloured man were on board the sloop, but by some means they managed to save them selves by clinging to the steamer. They state that they discovered nothing of the approach of the Cleopatra until she was close upon them.—New Haven Palladium. In Vassalborough, bk. there are four large tanneries which employ a capital of $lOO,OOO. In the neighbour hood of that town, there are also seven tanneries, managed by a single firm, who employ a capital of $150,000, and spend $lOO,OOO a year in the purchase of hides. The tanning business has always been carried on extensively and profitably in Maine. DESTRUCTIYE FIRES.—The Freeman's (Pa.) Register says, We regret to learn, that on Sunday the 14th instant, the barn of Dr. Davis Porter, situated about five miles from West Newton, in the Forks of Yough, was consumed by fire, together with four horses and two head of stall-fed cattle, 120 tons of hay, 300 dozen of wheat, about the same quantity of oats and some rye. The loss is estimated at not less than $4,000. The Uniontown (Pa.) Democrat of the 16th says, " Colonel Evans' valuable mills, situated within two miles of this place, were reduced to ashes on Saturday last." REMOVING A CITY.—The St. Louis Republican of the 16th instant says, " The buildings in Marion city on the Mississippi river, the same town in which so many eastern purchasers got their fingers burnt, a few years since, are being removed to Hannibal, a town some twelve miles below, on the bank of the river. Lots which sold at from two to six and eight hundred dollars, and frame houses which cost eight to fifteen hundred dollars, can now be bought at less than a hundred, lot and building included. THE NEW POLICE COURT, CLERKENWELL. —This Court was opened yesterday, and is not liable to the objections made against that at Hatton-garden. It is built in a handsome and unpretending style, and forms a considerable additional ornament to that part of the metropolis in which it stands. The front of the building extends along a space of about 250 feet. Upon this there are two erections almost perfectly square : that to the north containing within it the court4iouse, toge ther with all its appendant offices. The other, which is intended to be the principal police station of the district, is so constructed, with respect to interior arrangements, as to afford full and complete accommodation fur the large body of the force which is to be constantly stationed there. A handsome archway, connecting the two structures, forms an entrance to a large area behind, around this art-a run wide asphalte walks for exercise, the middle part being composed of a gravelled space well rolled and cemented. Over Hit archway is placed a well executed representation of the Royal arms of England. The cells are four in number, and lie at the other side of the quadrangle. The court itself is equally commo dious, being 35 feet long, 24 feet wide, and 18 feet ir hityli, an d exceedingly well lighted throughout. The Ispo sition of the various parts can suggest no complaint. Provision has been made for the press, eein Similax a modatiln has been afforded to all who att en d on °--busi ness, whilst a large space in the bodyoufbtilite. Theeco urti s courtkep t open fur the free admis sio n of the p s tands directly opposite Frederick street, a n ew an d open line from Gray's Inn-road, anti forms a sort of neuel eus for several other much frequent&l • DEVON AND CORNWALLR"A3 , IL.wity.—A place on meeting of the Committee too k Wednesday, at Pearce 's Hotel, Truro, for the purpose of receiving from the Sub-Committee their draft of the report to be pre sented to the county. w as agreed upon, and is, we understand, to be presented at a county meeting which it is proposed to hold on W e d nesday t h e sth of January next. A requisiti on to t h e H i gh Sheriff for calling this meeting was agreed to, and signed by the Committee.—Plywoutli J ()low a . MEMOIR OF THE LATE EARL. OF WESTMORELAND. What cloth he get, who e'er prefers The scutcheons of his ancestors ? This chimney-piece of gold or brass ? That coat of arms blazoned in gilts.; ? When these with time anti age have end Thy prowess must thyself commend. The sooty shadows of some one Or other trophies carved in stone, Defaced, are things to whet, not try Thine own heroicism by. True nobleness cloth those alone engage Who can add virtue to their-parentage. (Poems by Afildmay, Second Earl of -Westmoreland, 1648 TI le above words do honour to the Westmore lands. Throwing aside to empty vaunts which one halfot our worn-out aristocracy suporciliowly and vainly adopt, the manly author taught that man should stand upon the alone grounds of his own worth and virtue, and cast aside with praise• worthy disdain, all the adventitious blazonings and hollow boasts derivable from pedigree and ancestors. The motto of the late Earl, who has just been gathered to his fathers, was equally remarkable tOr the just and honest sentiment it contained. " Ne vile taro"—" Bring nothing base to the temple," or with the ,den de mots " to nine," which is the ancestral name of the Westmore land family, stands conspicuous for the stately idea which it embodies; and when it is consi• dered that the Barons of this house date their origin from the simple and frank. ! hearted abori gines of Wales, it may, without prejudice, be said, that they lay claim to higher estimation in the minds of Englishmen than many of the upper houses. Long antecedent to the Conquest, the old pro genitor of the late Earl was Howell ap Vane, of Monmouthshire. Henry, the son of the eighth Earl, married Charlotte, the only daughter of Nicholas Howe, the celebrated poet. Mildmay, whom we have noted above, was himself no in different poet; and in the list of Parkeb's royal and noble authors, stands as the author of a very scarce volume, printed only for private circulation, in 1648, and bearing the title of " Otia Sacra," from which we have given an ex tract. Thomas, the eighth Earl, who was also I.P. for Lvme Regis, married the daughter of William Swymmer, a merchant of Bristol ; and indeed, it is pleasing to observe that the amalga mations of this family, in a variety of instances, with the middle c ( titsSs of the country, entirely takes from it that imperious and exclusive air which so often disgraces the intermarriages of the aristocracy. _ _ The most noticeable occurrence in his Lord ship's life was his acceptance of the administra tion of the Irish Government, committed to him by Mr. Pitt, and which office his Lordship un dertook in January, 1790, continuing to fill it for five years. As successor to the Marquis of Buckingham, who had been twice sent out to govern Ireland, but who as a moderate, hard-working Viceroy, with a Popish wife, did so little to conciliate the Irish, it was difficult to find a sterling and effi cient ruler. Mr. Pitt, however, pursued his object with indefatigable industry and persever ance. A Nobleman of high rank, undistinguished and inoffensive—neither proud nor humble— talented or otherwise—extravagant nor parsimo nious—was sought for a Viceroy, and was found in the late Earl. According to Mr. Pitt's expectation, the Earl of Westmoreland was by no means ill-adapted to the Irish people. He was sufficiently reserved to command respect, and splendid, enough to up hold his station. His moderate conviviality pro cured him rational partisans, and his hospitality engendered, at least, temporary friendships. He was honourable and good-natured whilst among the higher orders and his intimate associates; he was a popular Viceroy. The period of Lord Westmoreland's Govern ment was certainly the summit of Irish prospe rity. Though he met with a strong opposition in Parliament, it was an honest opposition—the guardian of public liberty, and not a faction. Only two subjects of importance were intro dticed during his administration, most of the others being plausible demands, calculated rather to gratify the people than to produce any radical change in the system of the Government. A Place Bill, a Pension Bill, and a Responsibility Bill, an inquiry into the sale of Peerages, and into the - Police of Dublin, were amongst the most material measures of his Vice-royalty The Place Bill, however, eventually became the most important that had ever been passed by the Irish Parliament. The three ether Bills were proposed by Grattan, acceded to by the Viceroy, and passed into laws. During the administration of Lord Westmore land, the first question, which so deeply affected the subsequent events of Ireland, was the partial emancipation of the Irish Catholics. All that they then required the Catholics obtained. The concessions were most important, and greater than could have been credible betbre Lord Westmoreland's Administration. The elec tive franchise was the act more of his Govern ment than of himself. The 40s. franchise was then-granted to the poorest, most illiterate, and most dependent peasantry of Europe, who might one day be influenced by one motive, and the next by its reverse. Strong doubts, how ever, were tlten, and still are, entertained as to the wisdom of this extraordinary_measure. Mr. O'Connell, the most earnest and able advocate for the general emancipation of the Catholics, and many of his friends, seem to have been of this opinion. Though Lord Westmoreland was powerfully opposed in Parliament during the whole of his government, he was zealously sup ported by the friends of the Administration. Had he not been recalled,for reasonswhich have never been stated, it is but fair to suppose that his place could not have been much better filled. The Westmoreland patrimonial estates were delightfully situate, the one at Brimpton, in Somerset, the other at Apthorpe, or Apel thorpe, in the county of Northampton. Time latter was the Earl's most favourite and noble seat. It is a fine quadrangu lar edifice of free-stone. On the south side of it, a statue of King James the First commemorates a visit paid to the family by that Monarch in his journey from Scotland in the year 1603, and he is said to have contributed the timber towards the completion of the building. It was here, too, that the King first noticed Villiers, afterwards Duke of Buckingham. The various apartments are richly ornamented with numerous paintings, among which are two full-length portraits of Philip and Mary, said to be painted by the cele brated Holbein. In the adjoining church of Ap thorpe there exists a truly gorgeous monument of a member of the Westmoreland family. THE GREAT MEETING AT LEEDS Subsequently to inserting the Report of the Meeting at Leeds, from the Manchester Guar dian, we were favoured by a more extended re port from the office of the Leeds Times, of which, though we regret that we cannot now insert it, we shall make considerable use. We are glad to observe, from the remarks of our Contem porary, that half measures will not suit the suffering and energetic men of Yorkshire. The Leeds Times says : " The report which we have given of the pro ceedings will show that statements of the utmost importance were made—statentet t i:s e cdoenvseelogpuieni a series of extraordinary and startling facts, which must open the eyes of. all to the fearful depres sion sion of trade in this district, and I deplorable condition of the masses of its inha t fly of men of tants. It will not be • forgotten, too, that these n integrity, statements were made on th o e f a l u i t o l . t i o d r . i l e it i s nen ramifications:in the subject, unimpeachable character, extended means of knowledge of is fami laitaulf. to 'these, wlwn too, trad ea arc e n a ti l the most practi cal and best informed - men—wh o are t h e most o uncompromising in thei r Corn laws, and will be satisfied pPosition to the Corn total and immediate abolition. with nothing less than dis satisfaction with which, Th e marked the proceedin gs , a towards the latter part of step, inch by in the timid, hesitating, step by and Holdsworth t doctrines of .M essrs . Aldan' and , the represe n t a tives of Leeds ..,Wakefield, were received by the assembled deputies, and the bold, earnest, energetic, and unanswerable replies of Messrs. Plint and Forbes, expressing, f as from the enthusiasm with which they were received they evidently did, the kel ings.and opinions of the meetinix, will be subjects of congratulation to all who feel anxious for the progress of the cause. It is not by the inch-by juell progress advocated by Messrs. Aldan and noldsw or th, that the people of this countr y can hope to extricate themselves from the mass of misery in which they are new involved, and which is every day closing and deepening around them." - - It is only by bold measures that success can be commanded, and we believe that the landlords will not give up their prey till they are terrified from it by a distinct declaration on the part of the manufacturing classes that they will not sub mit to be plundered by and for the landlords. The late Mr. Courteney, late M.P. for Bridg water, %%hose death took place at the Adelphi Hotel ut Liverpool, was father of the ill-fated Lieutenant William Hayley Courteney, of the Ist Royals, who, with Lord Fitzroy Lennox, Mr. Wykeham Martin, and Mr. Power, the comedian, unhappily perished on board the Presi dent steamer in March las „EvENI:No Su LITERATURE., 3 va ; D eni k g, Ltnidun, 1841. THE VETERAN S CHE LSEA HOSPI TAL, One or two of the stories in this collection Lave, -if tWe.are not mistuken, already appeared in the pages of " Bentley's Miscellany." " Du 'Halton s Story," in particular, we well remem ber; and as we expressed our opinion of. it at the time of its publication, there is no further need to enlarge on it. The work is from the pen of Mr. Gleig, and though it is ably written in places, yet we cannot rank it among his best pertPrtn ances. In general, it is characterised by an air of tameness and langour, as if the author's heart were not in his task. The cleverest tale in tLe collection is that entitled " Sturrey's Story," - in which we find a brief but spirited sketcleorthe attic of Barossa, and several interestiug.pPr sonal reminiscences of the Peninsular War. The tale is supposed to be a yarn spun by an old Chelsea pensioner, who draws upon Lis t'w;' re collections for the chief incidents contained in it. The principal defect of the work is a want of dramatic spirit ; the tales are-all in the narrative form, and an animated dialogue is quite a rarity LECTURES ON SCOTTISH SONG AND MUSIC. A second lecture, as 'richly interspersed as the pre ceding with song, anecdote, and rummiscencts, was. deli vered by Mr. 'Wilson yesterday evening at the Music Hall, Store-street. The - numbers of his audience were trebled, and his reaeptien throughout enthusiastic. Oral tradition appears to have handed down from re mote antiquity must of the Scottish airs and songs. Transmitted fruit one generation to another, they were sung "at the wheel and at the flail"-asy the spinster in the cot, and the shepherd on the hill, first Jeollec don of printed songs in 1547, under the title , of tha " Complaint of Scotland," was composed of songs which had " theretofore been Bung in the wholesome -great field, and by the rinnin' brook." The earliest instrus ments which" acComppicd them were the bagpipe, re corder, trump; and corn -pipet the last vas the et:lames of the Roman shepherd. The trump was the plain Sew's'. harp—the'recOAter w'hi an instrument whos e . sOftand mellow tone had smote the harmonious heart of 4 Miltoa, and led hint to make . " - flut'es'' and soft' recorders" :gargle in his verSe - But the bagpire was 'leader of all. At Waterloo - its 'tones," pOWerfut e, thiAg of the "shrill :Spartan fife," tined - alouil for the victory.. Clarke, tliP piper of the st, when sorely Wounded,-called out- to' his fellows, " llold to't, lads, ye craia' fight without music ;." and a I lighlmalerovhoniet .a regiment pliying the fan tastic airs of thelZhifie,.cried out ,to them to e'r'ase their " German jinglings;" and strike up 4' Over the hills antl far away." Even nHi litUtei ar themselves the pipe•has operated . With ' the " voice of the charmer." • A." Seotit . piper was pursued by a wolf--he threw hint scrap - by scrap, • every 'individest tjoriteat of his wallet--- - still 'the wolf follutVedi . 'haViitt no oilier- resource he struck up his bagpiliethe'wOlf fled - inemitinently. " HO, ;" cried Davies - "iffd •to be to fund o' the pipes, ye should ha' had the - music before your supper." I - In 1666, Forhes'printed a collection of Scottish songs, the chief citriesity of which was the preface -whieh - beiog dedicated to the- ProvOst and Magitrates Of Edinburgh, expressed itseltita , harmisnieus and heavenly concert of as many mitskiiitts as MigiStrates." , But the cation of thenitious - "Tea:Table Miscellany," by Allan Ramsay; and the ann'4le''subsequently adapted to it, brought' on. - the true '- ‘"fs•ilileti • age " - of Scottish song. Haydn was an enthusiasHnhthis derrartment of• melody, and the itiiinoriOl 'harmithist the walls of his roinit covered with Caledonian songs and airs. The " Beggar's Opera " had, on i ts fi rst appearance, most of its catches and roundelays set to Scotch airs. In truth, they were about this period universal favourites, and Allan Ramsay attests, in a passage of his poems, that from " Lady Char lotte" and "Lady Jane," down to "Bonny Bess dancing barefoot on the green," they were trilled by every tongue, and sweet-warbled by every lip. • The first air sung by Mr. Wilson, being the first of the ten in his evening' s programme was " My love is like the red, red rose"—afsong which, though now addressed to a blooming, bright-cheeked beauty, originally sting to an ill-natured set of words, most crabbed in their im port, commencing " My father is a cankered keel," but filial piety and parental love has happily found forget • fulness fur these by its sweeter and fairer substitute. The slow and mellowed progression of " Roy's wife of ' Aldivalloch " cadenced most harmoniously to the est. : strange, however, to say, this equable flowing melody was anciently adapted to a set of words called " The Ruffian's Rant." Arcady might be ransacked, and the Bucolics of its shepherd-singers tasked, before a more beautiful pastoral melody than " The Broom of Cowdenknowes " might be discovered. Its antiquity manifests itself in its etymology. The song alludes to two little hills situate in Berwickshire, and its compound syllables are expressive of those " wooded mounts" which existed at the period when the Celts occupied those regions. Mr. Wilson's method of singing it, combined with its euphonious lines, made one dream of Drummond of Ilawthornden, as he distilled the sweetness of his Doric pipe. The finest string or wire could not have surpassed 'lllr. Wilson's tenor. The sighings of the fund rdess after her true-love swain were most felicitously expressed in " Saw ye Johnnie cumin', quo' she ;" and no lint white singing in the broom could have warbled it with more simple and delicate beauty. In contrast with the liveliness of the preceding, " John Anderson, my Jo," proceeded in a slow and tnonraut mex,ur But the wildness and sprightliness of " lip in the morning early," removed theshmle of melancholy from his audience which it produced. Assimil a ti ng i tse lf i n s i mpl i c i ty to the Swiss,—" Up in the morning early," was first committed to paper in 1578, being in the reign of Queen Elizabeth, and in a MS. still extant in the Advocates' Library at Edinbur g h, it is set as a country dance, with an injunction at certain bars that stoppage was here to be made for the couple "to drink." The Puritans when they adapted their sacred Names to music adopted this for one of their devotional tunes, and Queen'Elizsbeth had it frequently played before her by Purcell, while Mrs. Arubella limit sang it with touches of the lute. It is bold„ jocund, and spirited. The flinging forth of the vocalist's voice in some passages was royal ; and the tripping trochaic movement at the words " gang supperless," exhibited a most masterly and skilful variation. To give it with due execution, much lusty strength of vcice is required and it is told of Abram the singer, that he was lifted up in a chair by order of one of the Stewarts, over a court-yard filled with bears, and so compelled to sing it as heartily as he could, whereby he confessed that he never sang it better in his lif e . Th e exqu i s i tely pathet i c ballad of sweetheart, or " Highland Mary," in addition to its sadness of melody, has a painful history attached to it. Mary Campbell, when Burns first plighted him self to her was a dairywoman at Coilstield Itemise, and on a subsequent visit to him at a distance, j vas attacked with kver, and died h,• belt-re she saw him. Burns dearly worshipped hallowed s in aw his hear', tu.til one night his . reamcenlratites ra i r_ clothed themselves in words. Agitated by his thoughts, the top of a corn stack, laid and throwing himself on with fu l l faese gazing on the mid- Mrs. Burns describes the poet to have lea the house, stars we re bright, and almost lumi nous two hours in this situation he mid night • d then wrote these lines, and his ode cl u iao p i _ltioilisnet as in s ticiites( b; s c o:i k o:ahnit; choice little. morceau descriptive of a robust little boy "To Mary in Heaven." "My Boy Timunie" was a ho goes wooing the " White Amalie " with j her led cheek and cher r y mon ' . " In addition' to the naivete and artless beauty inf use d i nto it by Mr. Wilson's manner, the sweet a n d s im p l e touches which b n e 'ake auti f7l l.;htelellninse°Patieldis unsophisticated ac;e 'l r ‘a t l l i t n a i n e'' e ' v c e o n mP° Mo se lie a rela re s achieved in his " Innocent Maiden." Mr. Wilson, on conclusion of his lecture, informed his-audience that ut his third lecture, tO be delivered on the 27di instant, he should treat upon llieVand as well as Lowland melodies. This subdivision will allOrd his powers an opportunity for greater versatility, and eveu. richer variety of display. el2 r:e Al lV il illiT: LIEUT.. - - detny, atGENERAL PHIPPS .-... Woolwich 1)1i rz e s d , o f the fill:.e,y:(l,l,elAolc!klitayzteArdc:aly morning at his residence, Woolwich common. This Gallant Officer was 81 y e ars of age, and was a eomtnis sioned o ffi cer f or t h e long ikriod of sixty two years, having entered the service as an ensign in the Royal Engineers on the ' , lst of April, 1779. On the 20th of December, 1786, he was promoted to the rank of Lieu tenant, and in the following year was appointed Quarter. master to the Royal Military Artificers on the formation of that corps in October, 1787, and continued to act in that capacity for many years after he was promoted to the rank of Captain.e i f eir i i s :oel e l : 7ol. m 9bi2 n e j i r; i; l : yi i i o B.a n oil6(B, a r2; s ,l January, j as (GllB::tite:°eed;;lBtlih,li4e(72tAt.lll-iseaeti°°lNirot-)(nt"';e:eio'nfellt January, 1837. Major Cupp : w e, of the Royal Artillery, and Captain Pester, of the Royal llorse Artillery, are nephews of the deceased. • DEATH OF THE DOWAGER (MARY ANNO COUNTESS OF BELmonu.—The above venerable lady died on Monday last, at Bath, in which city her Ladyship h a d resided many years, and was• deservedly respect e d aA es t e emed for her manifold charities. The il eech T „ n ,l Countess, who was the eldest daughter of the hat James Caldwell, was third of Arnim, tittt Earl I Belmore, grandfather of the present Earl, t o %I l ksm °- Ladyship was married in' 1794 . The Countess her cairn «1 the great age of eighty - six years. 110110 .. :, BREAKING UP OF THE LATE EARL Op Hi hit . woio's 111iikistoti.—IIarewood is now quite' a* d(Sirt. The 1 resent'Earl has resolved upon livin g at G o id s b uit ,IlixiantoA%(%)ha.tch the house. a'he oxt !Ouse House %% Attitileurlianteg Earl's death dtiematel!t r W c :O were; be:. here he resided at the time of his father's.d ~ - ecease, of u ti v n s i o n f i r c o i. f t " ,.‘ ir . l e i c e Ili be (:(111 closed.ot e m en e s months, t number.. Al, though the late Earl's splendid path of hounds will it tet)lll t it' fb il;:l l )N: ti l ' d r naoo. anti lhi ta l st i l .l ke u t. s :lp el tin ee olci p e 4 Y' r are ot' this main in their kennels tor the season, th ey h av e b een handed over to George Lane Fox, E sq , jun. ~n it, late Earl's Awl of horses will be' shortly ottemd for sale. ' ' There was a general rise yesterday in the puke , . of butcher's meat in the metropolis, mid at no shop co u ld i t b e p r ocure d under tad. or 9d. pe r lb. Thi s is the weather, which is g I , ng, a s t o th e near af a ve s ty mu t e u li da o ;:a i t i r te o t i C le it s s t4 k te ce l l proaeh of Christmas, when b utchers arc loth to kill. This will add . hauch ty the privations of the poor, and la- bottring, elaSses,,who urc2Jprt:ady severely tried by . want 7 '. A corps:de-garde, in stone, r is now build!noe one of : the courts.of the llotel des Invalides, inuai!: diately adjoining the dome, where the guard, which i ll constantly , watch over the Emperor's coffin and tomb , will be posted.