The Sun. — London, England, 1824-01-23 00:00:00

Ad, • s p). . 4,71L7 1,,1A • - 4 • O . . F 1 - 0 - ' '1 *, a/1 ' II e-rad/l 1 1 NUMBER 9803. FRIDAY, JANUARY 23, 1824. Pittp.E SEvExpricct. FOR TAN'suN• S.4LE OF CORDAGE AND S7'ORES. OFFICE OF ORDNANCE, Jan. 21, 1824. MR. OWEN AND THE OPPONENTS OF THE NEW SYSTEM. THE PRINCIPAL OFFICERS of his MA JESTY'S ORDNANCE do hereby give Notice, • that they will Expose to Sale, by PUBLIC AUCTION, at the Gun Wharf, Portsmouth, on I-Vednesday,the4Rth, and Thursddo, the 29th January, 1824, at Eleven o' Clock in the Forenoon, a Quantity of OLD and OBSOLETE S7'OR ES, consisting of About 60 Tons of Tarred and Wbite Yarns, unlaid froth New and Used Cordage; about 70 Tons of Old Rope, Junk Wads, and Shakings in Paper Stuff; abuut 5 Tons of Old Sand Bags; Foreign Blocks, Tackle Hooks, Lignum Vita Shivers ; about, & Tons of Lead Aprons, Obsolete Musquet . ' . Flints, , Tar barrels, Waggon and Cart Wheels, Wrought iron:Axletree Ariris, and Tire with Cast Iron Boxes, Sitiths' Bellows, Wadmiltilt Waggon Corers, &c. ; togetbtr with about 80 Lots of Fire-wood; As will be expressed in Catalogues, which maybe had upon application at the Secretary's Office in Pall Mall, London, ate at the Ordnance Office, at Portsmouth. The whole of the articles may be viewed on the Gun Wharf, Portsmouth, between the hours of Nine and Three o• Cork, on the three days preceding the Sale. Deposit of 251. per cent. in cash or Bank of England Notes, will be required. By Order of the Board, ll'. GRIFFIN, Secretarq. EAST INDIA HOUSE, Jan. 41, 1,144. THE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, do hereby give Not)ce, That a GENERAL COURT of the said Co•npany' will be held at their House in Leadenball-street, on WEDNES DAY, the 1 ith of February next, at Eleven o'Clock in the Forenoon, at tire desire of more than Nine Proprietors, agree- ably to the following Letter, viz.:— "To the CHAIRMAN, DEPUTY CHAIRMAN, and DI. • RECTORS of the EAST INDIA COMPANY. " London, Jan. 16, 1824." " GExTLEMEN—We, the undersigned, Proprietors of East India Stock, request you will summon a Court of Proprietors for the purpose of submitting to them the following Resolu_ ton, namely, " That application he made to Parliament i❑ the ensuing Session for the Repeal of the 46th Clause of the Act of the 53d of Geo. 111. cap. 155, by which the Court of Directors is pro hibited from sending to India, in the capacity of a Writer, any person who shall not have resided during Four Terms at the HaileyhUrY College, and for introducing into the said Act a Clause appointing a Public Examination, at such times, and under such Regulations, as the Court of Directors, with the approbati o n of the Board of Controul, may direct ; to which Examination all persons shall submit their acquirements and qualifications for approval, previous to their being permitted to Proceed in the capacity of Writers, to either of the Presi dencies of Fort William, Fort St. George, or Bombay. " R. F. Beauchamp Joseph Hume Douglas Kinnaird John Morgan William Morgan Richard Williams Charles Wright John Ad:linen Randle Jackson Samuel Dixon." JOSEPH DART, Secretary. LONDON REPOSITORY for the CABINET MAKERS' SOCIETY, for every Description of CABINET TURE, FEATHER BED and MATTRESS 11A1%, U. FACTORY, No. 71, Corner of LEA DEN HALL_ STREET, London, opposite Aldgate Pump.-Ready Money T Only. HE Society of Cabinet-Makers respectfully inform the Public that they still continue the above Establishment , for the Benefit of Industrious Mechanics who have large Familes, by offering them Manufactured Articles in the Cabinet Line, of the best Workmanship, and Cheaper t s, h4h any House can do in London by twenty-five per cent., lere being n o o th er p ro fit re quired on th e Goods but the bare ‘ „ ; , e 4se , e a vinxpences ; at the same time en will be sufficiently satisfied g constant Employmt for themselves and families. 2 - o ""ji ' s Society was Established in June, 1321, consisting of lies e chanic s , adding the number of their Wives and Farni th anl ounted to 66 ; in June, 1819, five more were added to t4l Tv i etY; in June, 1820, 10; and in June 1821, 8. The thi s e i nTher now receiving Support through the Means of The tabli thrnent is 191. sineereSttinektYs and their Families beg leave to return their to those Ladies and Gentlemen who have tio hitherto honoured them with their Orders and Recommenda fatal' 9reariil shall always feel happy in their endeavours to give s atisfaction ; at the same time solicit a Continuance of _kth eeu„Benevolence, whereby they may be enabled to increase Aurnbe r of the Society. The foi r i e 6w ing Articles are inserted as a Specimen of the very "'w Prices, all warranted.-Ready Money only. Pull s. size Mahogany four-post Bedstead, lath bottom 31. Iss. Full size tent Bedstead 11. 65.-Bordered hair Mattress to tit ls.-MahoganY Drawer, solid ends 31. 35.-Feather Bed Six 10s.-Di tto, free from dust , and smell, full size 31. 103.- japanned Chai rs o f an y description in oil 11. 65.-Best do. t ugs ash- hand-stand 165.-Ditto, Dressing Table 165.-Hearth , 1 45.-3 ft. 6 i nc h es Chest of Drawers 41. 45.-Three-foot i' l4 nugany Pembroke Table 11. 18s.-Three-foot ditto pil ars and claws 31. 155.-Al a h ogan y Dressing Table 11.- on Ditto Bidets best , ll. 45.-Dit to B e d steps 11 . Bs.-Ditto ditto 11. 12s. Plate Dit to ditto 21. 25.-Ditto Box Glass, 2 drawers, best British P late 15a. la -Ditto ditto Is. 65.-Ditt o di tto 11. 18 s .-Di tto Int , Gss laritto e size; commode 35.-Dit,o fis.-Ditto ditto 125.-Sea Bed and Pillow ditto ss. 6d -Ditto 4 1, i _ t t° N.-Ditto ditto 75.-Tray Stand 75.-Long Mahogany ~rap las.-Japanned Book Shelf Tea Caddy 10s.-Porta ',T Desk 215.-Desk covers in number 145.-Music Chairs illy pattern Bs. 6d.-Eight Mahogany Chairs, covered with ditto hair, brass nailed 61. 65.-8 ditto ditto 61. 155.-8 ditto 71 . 71. -Ditto C ditto 91. 95.-Mahogany Sofa tu match Becillts-Ditto Couch 71. 10s. -Ditto ditto 81. 10 . 5.-Ditto, with instead 71. 103.- Set of Mahogany Card and Sofa Tables, on T r a br legs, banded in rose-wood 81. 155.-Set of Mahogany bitto"' two Card and Sofa, on pillars and claws 121. 125.- __ Ha , the beat that can be made-to order or pattern 161. 10s. hac,, kit al „,e 7 foot 6 pedestal, Sideboard, with carved ining f: b r es ittu 7 toot 161.-Ditto 6 foot six 151.-Set of Ditt A ,of the last pattern, 4 foot by 10 foot 61 11.- l6_ 7 6 7: fr 2, t 2 by 11 foot 6, 151.-Ditto, 4 foot 6 by 12 foot 6, Spanish, an advance of 31. 10s.-Straw Palliasse stead and e l ! Bedstead and furniture 31.15.-Bamboo Bed pm-eeziiheieliairyiyp itnch Bed --Five-foot tieto, with drapery and fringe, 81. 104. ive-foot ditto four-post Bedstead and furniture, with lined all through, complete, 151. 103.- attPerior , ditto 16s. 10s.-Ditto ditto, with cornice, of a FAN d r , - "`"e, 181. 1 0s.-Ditto ditto, with gold cornice, ele iz,e and PrFLrY 201 . -_Drawing -room Curtains, of the best Mo `•••„„ Dit tn „`V in tz, fitted for window, 61. tid.-Ditto ditto 71. 7s. vi a superior and elegant style of work, 101. 1 )4 3 •g-r°°lll r ose-wood-Drawin-room Trafalgar Chairs 18 3.--nit , inl aid with b 11u hl• 201.-Table, 2 Covers, and Sofa, 181. tu '"-Ditto • IL -Drawing -room S o f a 61. 65.- Ditto, 71. 7s. ditto 41. " s • - -Horse-hair Cushions, each ss. 6d.-Covered l i W. THUR G A , COAT/VARY DEALERS 'SUPPLIED. NELL, Agent. to ~7"6 Packed free of expence, except the materials, and sent h•Zparts of Great Britain, am' to the East and West In tssoCoa_,Pt.alns fitted out, and , merchants supplied with Ca uti:vus tor Exportation A.parments Furnished at a few hours' notice, and " tWO o r e •our utiys. TO THE EDITOR OF THE GLASGOW CHRONICLE. Szn,—According to the promise made in my last letter, I proceed to the consideration of the fund for the sup port of the sick and aged at New Lanark. There were two modes of attaining this object : either the Company might maintain the fund, and adjust the wages of the work people accordingly—thus controuling and directing every individual payment, and keeping all dependent upon them ; or, the fund might be raised by stated contributions from all who were employed, and the wages rated proportiona bly higher. It was of no consequence to the Company, in a pecuniary view, which mode was adopted ; but, as the latter tended to secure feelings of independence in the population, it was preferred. This arrangement took place upwards of twenty years ago. It was difficult to determine, prior to experience, the sum that would be required to meet the expenditure arising from the claims of the sick and aged, in such a population. A sixtieth part of the wages of each, or one penny in five shillings (the maximum payment being 13s. per annum for a male, and es. 6d. for a female) was fixed upon as the rate of contribution, by way of experiment,. And, for near 20 years, the money thus raised, with an addition of an annual donation from the Company of fifty guineas, was found to be adequate to the purpose. But in consequence of the prevalence of typhus fever some time ago, as well as the increase of numbers upon the aged list, the fund for the last eighteen months had become unequal to the demands upon it. At first, no alteration was attempted, as I wished to ascertain whether it was a permanent or only a tempomrylexcess of expenditure that required to be pro vided for. The fund was under the management of the following in dividuals : Mr. .Tohn Haddow, principal Superintendent of the buildings and Mechanical Department; in the Company's service about 19 years ; a member of the Church of Scotland. Mr. Robert Mason, principal Cashier and Superintendent of the Stores; in the Company's service 22 years; a member of the Society of Friends. Mr. John Winning, Assistant Superintendent in the Me chanical Department; employed at the establishment 22 years ; a deacon of the Independent Congregation in the village of New Lanark. _ . Mr. Robert M'Kay, assistant superintendent of the Mule Spinning, employed 32 years at the establishment; a member of the Church of Scotland. Mr. William Sinclair, assistant superintendent of the Water Spinning; employed 35i years at the establishment; an elder of the Independent Congregation in the village of New Lanark. And, Mr. John Alexander, principal superintendent of the Spin_ ning Department; employed 3(3 years in the establishment ; a member of the Church of Scotland. These are men, whose integrity no one has yet doub ted—of whose and justice in the fulfilment of the dut i e s of their situations, es i t n y cluding the direction of the monthly payments from this fund, no one has ever complained to me. Ilad there been the least symptom of partiality.in the conduct of these persons, or any desire expressed on the part of the people, to have some of their number associated with them in the distri bution of the money, no objection could or would have been made to their wishes. It can scarcely be necessary to add that in no one case did I ever interfere in its collection or appropria tion, or that not one penny of it ever passed through my hands, or those of any member of my family. I was amused, however, a few days ago, while travelling in the mail coach from London, unknown to my companions, to hear one of the party inform another, in a conversation about Mr. Owen and his plans, that by a sfptement he had seen in the newspapers, it appeared that he had appli e d severa l th ousan d po u nd s o f this fund to his own use. Finding the excess of expenditure over the receipts to con tinue, it became necessary that the one should be increased, or :the other diminished ; or dependence and pauperism, the bane of tire human race, must be allowed to demoralize the popula tion. I consulted with the heads of the different departments on these matters, and it was decided to call a meeting of the inhabitants, to ascertain whether it would be more agreeable to their feelings to increase the receipts, or to diminish the ex penditure ; the debt which had accumulated, amounting to about 1701., to be cancelled by the Company's annual dona tion. The meeting being called, and its object explained to them, I recommended that the contributions should be raised, rather than that the comforts of the sick and aged should be curtailed, but requested that the parties present would take time to consider the subject well, and inform me if they could suggest any improvement in any of the proposed details. I adopted this course, because I was desirous to discover what progress the,older inhabitants had made in the acquisition of good feelings, and the knowledge necessary to enable them to act with humanity and justice to each other. I speedily found however by a paper put into my hands, that a few of the most ignorant and least charitably disposed, work ed upon by interested individuals from without the establish ment, were attempting to make these proceedings subservient to the views and measures of those who have latterly arrayed themselves in opposition to the New System. Seeing this, I re-considered the subject with those who possessed the most knowledge and experience, and who were disinterested as to the receipts and expenditure, and such regulations were formed as were conceived to be most beneficial for the whole population. At the same time, at the request of the above-named managers of the fund, I added to their number one workman from each department, to be cho sen by the operatives themselves ; stating that they should have a report monthly of the receipts and expenditure, that they might have in one view the amount contributed, and the sums paid out, with the names of individuals receiving relief. A second meeting was then called the day before I left New Lanark for London, and as the regulations which were com municated to them had evidently been made solely for the be nefit of the whole population, I 'concluded that the business was finally settled. But I had scarcely departed, it seems, when the individuals who had been previously instigated to oppose the measures which had been proposed for the permanent good of the villag ers, became very active in concerting a plan to create dissention and dissatisfaction ; and some of them went so far as to threaten with violence those who resisted. They formed a junto, and put the names of some of the most respectable in habitants upon the list, without their knowledge or consent, and thus imposed upon others. They named a President and a Secretary, and passed such resolutions as appeared in the Glasgow Chronicle. The President was a man who had been formerly discharged for misconduct, but who, on account of his distressed situation, and earnest entreaties, had been again em ployed ; and the Secretary was an apprentice in the mechanical department—the only one who ever left the company's service before the expiration of the usual period of service, but who also, at the repeated request of his father, who had long con ducted himself well at the works, was again received into em. ployment. All the respectable part of the inhabitants of the village, when they discovered who were the instigators and actors in these proceedings, after warning them of their folly, kept aloof from them ; and as soon as they knew that a false statement had been sent to London, immediately forwarded a counter-representation to the same quarter. Such is the history of the domestic disturbance which was fomented in my absence. Upon my return, to preserve the re quisite order in an extensive manufactory, it became necessary at once to put a stop to such proceedings, and I immediately discharged eight of the principal ringleaders, paying each of them a months' wages in advance. Considering the manner in which these people have been treated for nearly 25 years, it could scarcely be expected that the most ignorant and irrational of them would accuse me of tyranny. It has been the leading object of my life, to devise and carry into execution such measures for the permanent amelioration of the working classes, as should ultimately super sede the necessity for any punishment or severity whatever; and in so far as these have been introduced at New Lanark, I have been most successful. During the whole of these 25 years, I do not recollect applying to a court of law to inflict a single punishment upon any individual. By the rules of the establishment, different offences were subjected to pecuniary fines, and these, exclusive of the fines paid on account of illegitimate children, have not amounted in the aggregate to 40s. a year, for ten years past, in a population of 2,500 souls. These fines were always paid into the village fund for relief of the sick and aged. In the schools no punish ment is permitted. As the improvement of the population of New Lanark was a mere speck in the proceedings which I contemplated, and as the consequent necessity of my being much from home was foreseen, I adopted two general measures, by which I endeavoured to secure their independence and their happiness, as far as regulations could effect this, under the pe culiar circumstances in which we stood in relation to each other, as master and servants in a manufacturing establishment, carried on for the pecuniary gain of a company of proprietors. A general store was established for their benefit, and that its object might never be frustrated, a regulation was made that no one should ever be asked to purchase there, or be prevented in any manner from freely purchasing elsewhere, whenever they thought they could be better served. This was such a check upon the managers of the store, as rendered it neCessary that they should purchase the best articles only, at the lowest prices, and sell them accordingly. The other was, that no advantage should be taken of the distresses of persons applying for work at the establishment, by engaging either individuals or families for Many Years' at fixed wages—a very common practice in similar manufactories. Therefore if any, found themselves aggrieved; the)) could remove at any time on giving one month's notice; but in general, if they thought they could improve their condition - by a change, they were allowed to go at a day's notice. Under such regulations I knew no tgranny could be exercised by any parties over these people ; and the most active proof of the happy effects which have been produced, is that the changes among the managers and work-people have been singularly few in number. The superintendent of thebychanical depart ment has been in his present situation as first andSecbild blaster; the superintendent of the mills as first and seconclma,ster ; the superintendent of the store, and the greater part of the heads of families, from 15 to 38 years. Still, however, I do not attribute blame to the poor deluded in dividuals whom I have been obliged to discharge, or to any of their associates who remain. I dismissed the former, not be cause 1 thought it just, but because, as in every other in stance in which I have inflicted punishment, it was expe dient and necessary under the circumstances in which I was placed. The real cause of that which is to be lamented in their conduct, is referable to the great error which society has committed, in allowing them to remain in a state of ignorance which exposes them to such delusion ; and, in the present in stance, I attribute blame to myself rather than to these poor men. I ought long ago to have proceeded, as I intended, to remove the ignorance of the elder part of the inhabitants of New Lanark, by instituting regular lectures for their instruc tion, to be given after the hours of work ; and if I had done so, it is not probable that any of them could now have been influenced to act in direct oppo`eition to their own interest and happiness. But from the mode of proceeding I was deterred, by a desire to avoid even any appearance of interfering with the oninions of the population. I defer till your next publication some important considera tions regarding Christianity and its relation to the New System. ROBERT OWEN. New Lanark, Jan. 13, 1824. LAW INTELLIGENCE. COURT OF CHANCERY, J A NUARY 22. COVENT-GARDEN THEATRE. CONST V. HARRIS. His LORDSHIP did notmean to pronounce any final judgment in thi s tio ns upon it. The bill filed was, calling upon the Court to case to-day, although he wished to make so m e observa c°nMel the specific performance of certain articles entered into n the year 1812; and the motion in the cause now standing for judgment was, praying to have a manager and receiver of the theatre appointed, that the profits might be applied according to the terms of deed of 1812. Of all the persons that Could be thought of to manage a Theatre, undoubtedly, the Chancellor of England must be considered the most unfit ; and he (the Learned Judge) could only say, that in his own mind he felt perfectly satisfied that the deed set up in defence, dated 1822, as being a deed to which Mr. Const had acceded, though not by contract yet by conduct, with respect to new arran geme nt s amon therties, could not stand. pa When the discussion of the motion was closed, a proposition g g had been mady by Mr. Const to take a rent for his proportion at the same rate at which Mr. Harris's had been rented, and which was then refused ; but if they knew, as well as the per son then addressing them, the ruinous consequences that would most certainly be the result of the interference of this Court to all es, th e y would not h es i tate to recons id er t h at refu sal.lPnaratiword, h e c ould assure them that, if they compelled hi m to make an order, in less than four-anti-twenty hours a fterwards they would most sincerely lament it—and that, unless they did se ttle it between themselves befote this day week, if he lived he would make a decree. The parties were not to be deceived with the notion that because a decree must necessarily be mischievous, that therefore the Court would not make one; the Court had no right to say or to think that any decree the law of the land called for would be mischievous, still it might more readily occur to the Court than to the parties, t hat in some cases, and p art i cularly in this one, the consequence w ould be in som e respects most mischievous : and therefeee his Lordship earnestly r ecommended a settlement between the parties out of Court. Mr. JAMES thought t h at IVlr Harris ought to hav e been made a party on the re c ord t o t hi s motion ; he was willing to come in, and wished to have that opportunity, for he was quite able to make affidavit to prove Mr. Const's acquiescence to the deed of 1822. His LonDsHlp observed, that he certainly was most unwill ing to act on the stage of a theatre ; but if he was in exist_ ence on this day week, he w ou ld d ec id e upon t h e state o f t h e record as it now stood to t h e best of his ju d gment, if matters were not settled before that time. EX•PARTE GRIMSTEAD, IN RE HOWARD AND 018135. Mr. Po',Loot followed up the argument in support of the petition. He particularly spoke to the matters which occurred in the Nisi Prius trial. He had to complain, not only of much that had been done, but also of much that had not been done and ought to have been done in these proceedings. He as a common lawyer was concerned in that trial, and in the result of the issue he must have felt that to be the most unfortunate day of his life, had he not looked up to this Court to do jus tice to his unhappy client ultimately. The first thing of which he Ihad to complain was the conduct of the assignees in de parting from the instructions under which this Court sent them to trial in the Court below. The remarks upon what was called the Vice-Chancellor's judgment, in the speech of the then Solicitor-General, were contrary to the common prin ciples of the jurisdiction ; for he put it to his Learned Friend, who pre-tised in those Courts with him (Mr. Wild), if, upon a new trial granted upon writ of error, it was not the practice to abstain from every allusion, however distant,to the proceedings of the former trial. Indeed, for the temporary argument, it was always assumed that no trial had been had before. The next evil was the introduction of four letters, which were not in any manner admissible as evidence against Mr. Grimstead. They were the only proof advanced of a conspiracy between Gibbs and Mr. Grimstead ' • and yet, not only had Mr. Grim stead nothing to do with the writing of them—they were not addressed to him—nay more, two of them were written by Por ter to Gibbs, on his way to Calais, before he could have seen Mr. Grimstead. The letters were, however, admitted, though not without reference to the review which might be had in this Court of the proceedings—not without controversy on the pro priety of admitting them ; nay, if his recollection served him rightly, he believed that the Chief Justice warned the Soli citor-General, that he introduced them at his peril, if he did not feel quite sure of establishing them as evidence. Among the directions of the Chief Justice to which he most particu larly objected, was this—" The great question in this case is, Do you, after what you have heard, believe Mr. Gibbs, or do you not ?" Now this was not the great question in the cause. They could have made out their case wirhout Mr. Gibbs, but they called him solely to satisfy the intentions of this Court. He hoped that his Lordship would decide the case himself. But if it must go to a new trial, he prayed that Mr. Grimstead's case might not he clogged with the obloquy of Mr. Gibbs's evidence. If the other party wished to have him, let them call him, and then brand bins with infamy and fraud as grievously as might suit their own case. They made use of his evidence to atchieve the triumph of the day. They had it, but they would not he able to hold it long. They were required by the plaintiff's Counsel to produce the examinations of the Commissioners, and the ccpies of Gibb's letters to Grimstead, which they were hound to do in fairness and in justice : for when this Court sends an issue to trial, it does not intend that the parties should go to the Courts of Common Law to display their dexterity in Nisi Pries practice, but to lay all the cir cumstancee of the case before the Court and Jury. By the rule of Nisi Pries, they might in strictness withhold the examina tionss ; but these were the very evidence upon which the Peti tion came before the Vice-Chancellor : they ought not to have withheld them ; they were asked to produce them ; they were braved and even threatened with the consequences; they were told that an appeal would be made to the Chancellor if they did not produce them, and yet they withheld them. Had the order for an issue been drawn up in. January instead of November, undoubtedly an appeal would have been made instantly. Mr. Montague was of opinion that they ought nc.t to haveaccepted the order for a trial at law, and all the counsel were of opinion that their dury would have been to appeal, .had the order been drawn up in January instead a November. Nov as to the charge of usuiry which had been made tn'taint the case when put in issue, it was not a thing to be surmised and whispered. It was a matter highly criminal—the penalties wshe. „„re_ the evidence must be positive. In this case the evi4ence might be divided into oral and written testimony. All the oral evi dence was on one side, in favour of Mr. Grimstead. Of the written testimony, that which was produced was not evidence, and that which would have confirmed the oral testimony was most improperly and resolutely withheld. The trial by jury was not the best for all cases, and this was one for which it was not suitable. All the matter of evidence was in writing, and at any rate the proper use Of that mode of trial was not to direct the jury to determine one way, because Mr. Gibbs hsd sworn another. The LORD CIfANCELLORtIid not observe any directions of the Vice-Chancellor that Gibbe should be examined. Mr. Grimstead therefore called Mr... Gibbs of his own diacretioe. It was a very delicate part of the duty of this Court to give di rections as to who should be examined in an issue at law, -Mr. Gibbs, however, was called, and supposing his evidence.to be entirely destroyed, then the question was, what evidence re mained of the crime augury. It would appear, then, that there would be no evidence left but the pass-book. But another ques tion was, whether the case went to the Jury under this view of it ; end if not, what were the grounds as to usury which were submitted to them. As to the neglect and want of caution in Mr. Grinstead, as it seemed to him, without meaning to preju dice the case on the other side,that argument seemed to have been carried much too far ; fOr he very well recollected hearing in the House of Lords, oh good authority, that Lord Mansfield declar ed that he had never looked at any deed that he signed in the whole course of his life. NOW, supposing that in January Gibbs had said to Mr. Grimstead, " If you have 10,0001. ready, I can invest it for you in an annuity. The writings are not ready, but you may depend upon my seeing them exe cuted if you will advance the money." Supposing in six months afterwards Gibbs were to say again, " I did not invest your money as I promised to do in January last ; but I shall soon be able to do it, and in the mean time I will enter in the book a sum to your credit equal to the produce of an annuity for the intermediate timee because, if 1 do not, you may recover in an action against me." He did not know that this would be usury, and he did not think it would. Suppose, in the mean time, Howard and Gibbs to become bankrupts, then the claim for an annuity, which would otherwise sound in damages for not having effected it, would fall into a debt. Now what he wanted to know was this—did the evidence of the pass-book go to the Jury with such distinctions as under these supposed circumstances it ought to have gone? Because they should have been, in this case, directed to say what part of those sums c t i h m e r a g c e t d u a w l i p t h r od u u s u c e ry o , f a w n i n i i ti c h i t i o e s f ; t e n m d' o m f i t g h o h s t e b e e n c tr o i n e entered for produc e were usur i ous transactions and which' of o th f e i m nte w re e s r t e sidered as the equivalent of the damages to which Mr. Gibbs could have been liable ; or in the other event, if the whole con tents of the pass-book were tainted with usury. And the dis tinctions, if any, should have been returned as to the different sums. God Almighty forbid that this country should ever lose the blessings of that great institution , the Trial by Jury : but certainly it was impression on his mi n d which he never should be able to get rid of, that there were cases in which it worked very little benefit to the interests of j ust i ce. He ver y well gentleman of some eminence now living, was tried and convicted, and suffere d the p ains of p er j ur y . recollected that a • He had been accused of defrauding the public by using deficient that he lad not com m itt e d any such fraud, and upon that, weights, in a contract w hich he hat 4 and he made an affidavit after a long trial in the King's Bench, he was found guilty of perjury. The Attorney:General of the day proceeded against him in the Court of Exchequer for the several penalties which lie had incurred. He (the Lord Chancellor) and Mr. Mansfield were engaged for him in an appeal on the equity side of the Exchequer, and the hearing lasted for nearly a fortnight. The Chief Baron at the end of that time overturned all that had penalties in the Court of King's Bench, and Court ; declaring that in his opinion a more h on ourable man did not b reat h e t h an t h e d e f en d ant appeare d to him to be from the whole of the proceedings. And the first beenin the dune a Exchequer to the act of Chief Baton Eyre, when he became first Commissioner, was to affix the great seal to a pardon, after the defendant had suffered the pains of p er j ury. Mr. POLLOCK felt thankful for the suggestions now thrown out by the Court, and in gratitude would refrain from troubling his Lordship with one word more. Mr. Mosuraor resumed his address in support of the which he had suspended in courtesy to Mr. Pollock, who had u rgent business in his own Court. The Learned Gentle- , man exhausted the rest of the day, and the completion of his I address was adjourned over to Saturday. COURT OF KING'S BENCH, JAN. 22. The LORD CnnEF.JusTICE did not sit at Nisi Prins, but joined the other Judges in the Grand Jury room to hear argu. merits on motions. PHILLIPS V. BISTOLLI. This was an action by Mr. Phillips, the auctioneer, to re cover eighty guineas. the price of a pair of brilliant ear-rings, which had heen knocked down to the defendant at one of the plaintiff% sales. At the trial before the Lord Chief-Justice, at Westminster, it appeared that by the conditions of sale, a de posit was to be paid, if required, before passing to the next lot, and the whole price given before the articles were taken away. The defendant bade for the ear-rings ; they were knocked down to him at 88 guineas, and given into his hand ; but lie shortly returned them, objecting that he intended to hid for them only forty-eight guineas, as the central stones were not rubies, but only Assyrian garnets. Mr. Scarlett, for the de fendant, contended that the plaintiff must be non-suited, on the ground that there was no delivery and acceptance to satisfy the provisions of the statute of frauds, as Mr. Phillips might have stopped the goods until payment f the price. The Lord Chief Justice, however, declined to nonsuit, and left the case to the Jury on the question, whether the defendant bade 83 guineas under a mistake as to price, or whether his objection was an after-thought ; on which they found for the plaintiff. On the part of the defendant a rule was obtained for a new trial, which now came on for argument. Mr. GURNEY and Mr. COMYN showed cause against the rule, and contended that the verdict was decisive; as the case had been left to the Jury, not merely on the ground of mistake, but also on the question, whether one party intended to deliver, and the other to accept. The LORD CHIEF JUSTICE, however, thought that he did not leave the case so broadly to the Jury, as he would have con stituted them Judges of the law. The COURT made the rule absolute for a new trial, without costs, and with a strong intimation that there was no evidence to take the case out of the Statute of Frauds. MAY V. BROWN. This was one of several actions brought by Mr. May, the late vestry-clerk of the parish of Bethnal-green, for the vindi cation of his character from aspersions contained in several alleged libels. After a very long trial, he obtained a verdict, with 1001. damages ; but two questions were raised, one of variance, and the other arising from the rejection of evidence offered on the part of the defendant, upon which a new trial was granted. Mr. SCARLETT was about to shew cause, when The COURT suggested the expediencrof some arrangement between the parties, as Mr. May had succeeded in clearing his reputation from the suspicions cast on it in the course of the unfortunate disputes of this parish. The ATTORNEY-GENERAL, for the defendant, expressed his willingness to pay the costs of the other actions on having a stet processles in the present suit. Mr. SCARLETT said, he could not accede to this proposal in the absence of the plaintiff, but he would communicate it to him, it the case stood over. The COURT ordered the case to stand over, in order to give opportunity to the plaintiff of considering if he will accept the proposal. ELECTION OF A BISHOP.—At a General Meet ing of the Clergy of the diocese of Kilmacduagh and Kilfenora, held in the new parish chapel of St. Joseph, Kinvara, on the 13th instant, the very Rev. Dr. Edmond French, Warden of Galway, was unanimously elected to.the vacant See ; and the postulation proceeded to Rome for the approbation and confir mation of the Holy See.—( Connaught Journal.) - MODERN IMPROVEJONTS IN AYRSHIRE. Ma. EDITOti—Lt is well known to many of your Readers, particularly the Gentlemen at Lam YD'S, that the coast of Ayrshire extends'np wards of seventy miles, and is, perhaps, the. most dangerous of any part of the empire in: hbrth west gales—there not being one . natural bay ; or harhopr of safety indented in it from Lochry'iin to the Clyde—the small bai-.barbours of Ayi and Irvine, can scarcely be tendered as exceptions, even for small craft. Sometime after the" Conclusion of the 4te wtsr, I was induced to Make a survey, .an OftCial one— of the coast of Ayrshir ei i n. the h o p e t h at I should 1 discover some place, which like Cherbourg and Plymouth Sound, at a:moderate national expense, might become a place of safety to seamen, and reduce the number of lives WhiCh ' are'llisCatia nually on this dangerous sweep of coast. I was disappointed in the only places which could in any way be rendered of national use, and that. on but a very limited scale, had been already patriotically seized upon by the Duke of Port land and the late Earl of Eglinton. The Duke having found the Froon-point -(formerly a•ren dezvous for smugglers on his estates), considered, and was advised that it might be made useful to his estates in Ayrshire, And accordingly his GraCe set about the improvement at a great expense, which now completed, fOrnits ships of from 14 to 16 feet draught of water, and whilst the Duke of Portland has the satisfaction of knowing the valise of the harbour to his large estates, he has the nobler satisfaction of knowing that his fortune so employed, has saved many a gallant fellow from a watery grave. Lord Eglinton was not so fortunate as his noble neighbour. The small rocky inlet of Ar drossan was much more disposed by nature to resist the engineer, and the power of a private fortune than was Froon ; but all that could be done was effected, and the result is, that coasters of ten or t we l ve f ee t d raug!it may find an indif ferent shelt er i n Ardro ssan . H is Lordship died whilst foll ow i ng u p his pl an to an intended ex tent of great er u tility. The next pl aces o f great public utility th a t present them se l ves to t h e not ic e of the tour ist, are th e railroad constructed by the Duke of Portland ; which, after running eleven miles, through an irregular country of hills, dales, and mosses, connects the port of Froon with Kilmar nock, a large manufacturing town, of which the Duke is Lord of the Manor—and the very ex tensive and extending cotton works at Catrine, belonging to the powerful firm of Finlay and Ca. of Glasgow. Here, Sir, is an establishment, where, while there are no fifings and marchings,' —no drilling disciplinarians—no Utopian notions from the Sophiometer, on the capability or per fectuality of human nature, there are many hun dreds of persons valuably employed who in mo rals, manners, and industry, may cope with the best drill.sergeants of Mr. Owen, at New La mark—and would be found more in unison with the true philosophy of our nature in idea, . and practises, than is the sage innovator ors the esta blished customs of mankind through the long chaie of ages since the expulsion from Paradise, whilst passing a few days with Mr. Buchanan, one of the firm *, and the ingenious manager of this successful, but unintended rival of New Lanark, I met, at his table, an accredited agent of the Emperor of Russia, who was a long time in Scotland snaking tours of observation, and plans of our great sources of national wealth, and I am borne out. by his experience ansl opi nion, in giving the preference to the works at Catrine, in whatever point of view the establish ment may be contrasted with that of New La nark. Let tne adduce two views only. In Lanark the workmen are tied down . by certain regula tions, which, they confess to strangers, sweep away their freedom in all things, except their thoughts ; while at Catrine man is left to the freedom of his own will after the hours-of la bour, and embraces all the happiness which GOD and education enables him to enjoy. At Lanark the stores or shops of the Company are the marts where the workers are expected to purchase their weekly food and necessaries ; where qualities or prices must not .be. cavilled with, whilst at Catrine, an open market is esta blished, and all possible encouragement is given by the excellent manager to farmers and others to compete, and bring to it efficient sup plies. _ Schools are supported by the compan y, and a post-office is also establi s h e d i n thi s r i s i ng vil lage; a church nods fro m th e hill over th e ex tensive worlo, and the church is apontnneously and well attended! In short, since the purchase of this now va luable concern by the house of Finlay and Co., and the management of Mr. Buchanan, the whole face of the neighbouring country has assumed a better aspect than it ever had before. hills are levelled, and made subject to the plough ; bogs are drained and cultivated, and wheat grows where heath had blossomed for ages ; whilst waste moorlands are planted with trees that may yet be valuable to the country. Such is not the case around New Lanark, with all its advan tages of situation, on the more fertile banks of Clyde. Catrine is on the romantic banks of Ayr, and takes its name from the family.seat of our great philosopher Dugald Stewart, iu its neighbourhood.—l am, Sir, Your most humble servant, H. CAMPBELI,‘. * This gentleman's opinion has often weighed heavily with Committees of the House of Commons. lle is most ingenious and acute, and has lately obtained a patent for an important improvement in mechanism. .