The Sun. — London, England, 1824-01-31 00:00:00

THE LONDON JOURNALS. DAILY '::tracts from the Morning Papers, Jan. 31. [MORNING CHRONICLE.] have - been confidently assured by a person of some political consequence, that in the Treaty entered into for the occupation of Spain by the :French troops, it was stipulated, that they were to commence evacuating in the month of July, and if at that time any alarming symptoms were observed, it was further agreed, that they were to take up a position near the Pyrenees. This stipulation, it is added, was extorted through the remonstrances of the British Government ; mt, in our opinion, notwithstanding the-wishes of the French to get clear of this mill-stone rounil their neck, they will not be able to quit the Peninsula so soon, unless they give up King Ferdinand to the fury of the Church Party, whom he begins to fear more than he lately did the Liberals. General Contreras, the new Go 'senior of Corunna, has very candidly acknow ledged to his master, that the moment the French garrison leave the place, he can no longer . he answerable for the maintenance of public tranquillity, so great is the fermentation in :he public mind, more particularly since the ar rests he had been ordered to make. Similar re ports have reached Madrid from other provinces, so that terrified, on the one hand, by the de signs of the clerical party, who have become furious since some of their leaders were sent out Of Madrid, and o❑ the other by the imposing attitude of those opposed to the Clergy and hating the French, the King is hi a very serious dilemma. Apprehensive of some catastrophe, we understand he has written a very pressing letter to his Royal Cousin, the Duke d'Angou levee, belting him to watch over his safety, and to suggest some means of protection.—ln conse quence of a long and serious deliberation on the affairs of Spain, the French Ministry have de termined to send M. Marcellus to Madrid, with come wholesome advice, and among other things he is to recommend an amnesty in favour of political offenders. In this respect, how ever, the French consult a little their own pockets as well as public opinion. There are at present in France several thousand Spaniards, either refugees or prisoners of war, who would literally starve if the Govern ment did not feed thew ; and in their favour also great sympathy has been excited among the in habitants of the towns where they are quartered. This has excited some jealousy on the part of the Bourbons, as the Prefects of the' Depart ments where the prisoners are kept have sent up special reperts to Paris on this subject. To re lieve themselves from this burden, the French are therefore disposed that the King of Spain should adopt some more conciliating line of po licy ; but whether the instrument chosen to urge this is the most fit that could have been pitched on may perhaps be questioned. [THE TIM ES.] We observe a disposition to involve our rela lations with the newly established trans-Atlantic States in obscurity. It is asserted, that if we ie7e with or assist these in casting off the yoke Or government of the mother country,—that is, of Ferdinand VI we are practising jacobinical deectrines, and teaching nations to rise against their rightfui sovereigns. A slight attention to o:ates and facts will set this matter clear. It is Cow more than'fourteen years since the war first sprung up between Spain and her colonies ; and so long as the contest continued, we, though so licited by both parties, most religiously abstained from assisting either. The disposition of the People of . this country being favourable to the South Amer:cans, our Government, in order to check that , disposition, to invalidate and render it useless, paSsed the Foreign Enlistment Bill, by which it became illegal even for individuals to engage in the service of the revolted provinces : so that a neurality more severely rigid than that observed by England -during the continuance of the con test between the European and American Spa niards cannot be conceived. But the affair has now been lone decided ; the South Americans have prevailed by their native strength ; peace is practically established between the contending parties ; the independence of the South American States has been acknowledged by Foreign Powers, —of whom,be it observed,we were not the first. We are, therefore, as free to form alliances, whether offensive or defensive, with those new States, as with any of the old ones of Europe. However, the policy of England, so far as it has been ex plained by one of her Ministers, is not likely to assume this decisive character, as Mr. Canning only said, that England would not suffer Spain to tranfer to another that right which she had her self lost, over her late colonies or possessions.— And certainly, the colonies having, by their own long anti wearisome exertions, contrived to rend themselves from the mother country, and stand ing, however faint and feeble, in the character of independent states, it would be barbarous in a third Power to rush forward, snatch them up, and appropriate them, or any of them, to itself, merely because they are faint and feeble ; and it would be base in us to suffer such an act to take place. [MORNING POST:jr A " Fox. Dinner" has lately taken place in Scotland ; and that such an event should happen, seems to have puzzled a few wise politicians, who would fain persuade us there must be some thing almost supernatural in Mr. Fox's public principles and conduct, when men assemble on the present day to celebrate them. But, in reality, what has Mr. Fox to do with the dinner parties of a certain number of Gentlemen who find it convenient to eat and drink, and make speeches and merriment together, with the view of favouring their own personal or public objects ? If that distinguished Senator had never existed Mr. Jeffery and Mr. Cockburn would have deemed it equally imperative as they do now, to seize some public opportunity of recording their opinions on passing events, and upholding the conceit of their own importance, which it is so natural for those who prosper by a particular sys. tern of politics to entertain. To all this, how ever, we have not the least objection ; but we wish to remark that Mr. Fox's name is a mere catch word forthe accommodation of persons who would have it believed that they possess something in common with that great character, and convert this belief into a stepping stone to their in dividual ambition ; and that denominating a con vivial meeting of this sort, a " Fox Dinner," shows no intrinsic connexion between Mr. Jeffery and the Administration of 1806, nor indicates, in the smallest degree, either the lon gevity or prevalence of Whiggery. As to the speeches on the present occasion they are really beneath notice ; and should the other celebra tions of Mr. Fox's principles afford nothing better, we fear the publication of them will be come so unprofitable as to destroy such specu lations altogether. [nitrusu muss.] If there is any one public appointment in which it is of more importance than in another, that the influence of personal or of party fa vouritism should be excluded, it is that of a Judge. It is on this ground that we feel it our duty to draw the public attention to the appoint ment of Mr. Alexander to the arduous and re sponsible situation of Lord Chief Baron, who, independently of his advanced age, must be wholly unqualified, by his previous situation and studies, for fitly discharging the duties of it. It is no reproach to any man—far from it, that he has passed his grand climacteric ; but in his seventieth year an individual is not exactly pre pared to enter on a new walk of life, and least of all, to take his place, for the first time, on the judg ment-seat. Such an exercise of patronage is discre ditable. It is an act of injustice towards the public, who have a right to expect that such an im portant station should he filled as it ought to be filled, and not made to furnish an example of improper and unworthy influence. The decision of revenue cases requires a mind long habituated to that line of professional study with which such cases are connected : to such decisions Mr. Alexander must, of necessity, bring a mind wholly unprepared. On the circuit, too, the important duty will devolve upon him of de ciding in cases of life and death ; what previous professional education has this Master in Chan cery had, that could in any mariner fit him for the due discharge of a duty at once so awful and so arduous ? This appointment, we know, has excited the attention of the Bar, and with it no slight accompaniment of censure and sar casm. For Mr. Alexander, personally, we have no feeling but of esteem and respect. In private life no man bears a higher character for every amiable quality which can excite approbation and regard : but his elevation to the rank of Chief Baron of the Exchequer is, to say the least of it, most indecent and unauthorized, and betrays a disregard of public opinion, the display of which is neither wise nor prudent. [NEW TIMES.] It has been suggested to us, that in order to bring the whole of the London Dock Question before our readers, we should insert the Reso lutions of the Merchants at the Baltic Coffee house, and the subsequent Declaration signed by the same and other Gentlen; both documents being referred to in the Advrtisetnent of the Directors of the London Dock Company. To this suggestion we readily acce d e ; and we trust that these documents, together with what we have already published, wilt be found to convey a fair and accurate view of the whole question. We allude not only to our article of yesterday, but to one of December 23, headed C 4 Transfer of Property)" and to the two very full reports which we gave of the important case. of Hawes v. Watson, argued in the King's Bench Dec. 22, and again, on the motion for a new trial, on 'Wednesday last.—W e repeat, that in placing this great mercantile and legal question as dis tinctly as we can before our readers, we beg to be understood as merely discharging a public duty. We cannot identify ourselves either with the Directors or with the Merchants for many ob vious reasons ; but more particularly because the expressions used by each party of the other are inconsistent with the respect which we owe to both. We certainly cannot say with the Di rectors, that the Resolutions of the Merchants and subsequent statement signed by them " are founded upon very erroneous views of the sub ject on which they treat ;" still less that " the Gentlemen signing the declaration are desirous that the Dock Company shall disregard an im portant privilege given by the law to parties en gaged in trade." On the other hand, we should be extremely unwilling " to declare our disap probation of the conduct of the Company, as being subversive of all that is fair and ho nourable in mercantile dealings." We are persuaded that both parties act with per fect bona fides ; undoubtedly one of them must be wrong, and the other right, in point of law ; and certainly the dicta of all the four Judges of the King's Bench, on Wednesday last, but more especially that of Mr. Justice Best, which we quoted, were strong against the practice adopted by the Directors of the London Docks ; but still we must remember, that the Directors say they " have not taken any step in the progress of this business without being ad vised by the Company's Counsel "—and we can- not presume that those Learned Gentlemen had not at least some probable grounds for their opinion. [MORNING ILERALD.J It seems from what transpired a day or two since at a Meeting of the Journeymen Silk Weavers, that the differences between them and their Masters have not terminated. The latter have taken the law into their own hands—they have refused to give their men weft, with which to complete their work. The fact is, that the old ridiculous Act retrains in force which enables the Magistrates or the Spitaltields District to determine the prices to be paid for the weaving of silk goods. To every one ac quainted with trade this must appear a queer Act ; as if Magistrates, who, for the most part, are Lawyers or Clergymen, could know the proper price to fix in cases of dispute between the respective parties. For our parts, ' we are glad that the Masters have done the only thing that could bring their Operatives to. How could the latter expect to receive a higher rate of wages than is paid in Coventry, Macclesfield, Manchester, or any other place where the silk manufactory is carried on ? The only remedy for the grievance will be for the Operatives (as Mr. Owen calls the Journeymen Weavers) to join their Masters in a petition to the Parliament at the approaching Session, to do away with all the Acts of Parliament at present in exist ence regulating the Silk Trade. And, in order that the Lords' House of Parliament may do the contrary of what they did the last Session, we would recommend the Weavers to go in proces sion, with their wives and children, and beseech their Lordships not again to throw out the Bill for the relief of the Silk Trade which had passed the Commons. We would recommend them afterwards to give a dinner,and to let the tickets be a guinea each, to which he would advise them to invite Messrs. Hus kisson, Robinson, and Wallace, so that they might hear speeches from those Gentlemen, as to the new light which, of late, has burst forth over the manufacturing hemisphere. For our part, we do not see why the Operatives should slot give his Majesty's Ministers a dinner, and have the benefit of their speeches, as well as the Ship Owners. Indeed, the Weaving Interest is more deserving the serious contemplation of those whose wisdom guides the nation's destinies than the Shipping Interest ; for if there were no operative weavers, there would be no goods— and if there were ❑o goods, there would be no occasion for ships. If the Spitalfields Acts are not got rid of, the Silk Trade, in process of time, will leave Spitalfields, and then the Ope ratives must march to Coventry, or any other place where no stupid Acts of Parliament are in operation. We strongly suspect that some Solicitor is at the bottom of this business. If so, we re commend the Operatives to pay him his bill, and to get rid of him. If they do not do this, he will, in the long nun, rid them of their operative employment altogether—in which case there would be no other thing for the Operatives to have recourse to, but the poor-house, or one of Mr. Owen's parallelograms among the Irish bogs or mountains. SWITZRERLAND. There is an able article in the Journal des Dobats by M. MALTE-BnuN, on M. RA O ROCIIETTE'S History of the Helvetic Revolution, from which we extract the following liberal remarks:— " Switzerland, more fortunate than Venice, Genoa, and so many towns of Germany, has had the advantage of resumi ng institutions analogous to those which formerly constituted h er prosperity, and which, springing from her soil, and the cha racter of her inhabitants, can never be extinguished. A phi lanthropic diplomacy, with too limited, or, perhaps, too ex tensive views, had established as a principle, at the Congre ss o f 1814, that there should be no absolute Monarchy or Republi c i n Europe, and that a Representative Monarchy was the only form of Go ve rnment which corresponded with the wants of the age, and which fulfilled the wishes of nations. Accordingly, these sages would have established some petty Constitution a l Ki ng at Zug or Uri. Certain French Publicists afterwards s t ar t e d a notion of a supposed opposition between the Monarchical and the Republican principle, a notion which had never occurred to Montesquieu, or Aristotle, or Henry IV., or Frederick the Se cond; and after having created this phantom, they proceeded to preach a crusade against republics, as Hebert and Robe spierre formerly preached a crusade against monarchies. — This doctrine (for every absurdity is now so called) was sup ported by advocates so noisy and so vehement, that many per sons believed it to be secretly supported by some real au sect rot a au thority : but the only thing certain i s , th a t it is the b e lief of a sufficiently vindictive. It is therefore lll. Raoul Rochette to have so boldly d e fended the nature of th e i ns tit u ti ons o f S w it zer l an d. Monarchy, aristocracy, and democracy,ya, tr all arise from the moral very ait o f tolerant, courage and physical situation in which a people is placed, and the events which compose their social life. When these different form s of Government have received the sanction of time and of the laws, their inviolability and a sanctity rest upon the same principle; they become legitimate, and lie who ventures to attack them is a revolutionist. The Christian religion itself has consecrated the principles which we have just pointed out, and upon which we have enlarged on other occasions. With re ference to the happiness and tranquillity of the world, it is evi dently desirable that a great variety of forms of Government should offer, to different characters, and different kinds of ta lent, a choice between different modes of social existence. This was one of the advantages of ancient Europe, and if it could have been re-established , public tranquility would hat a been better secured ; and sound views of politics ' the difficult and ex tensive study of the real action of politi ca l institutions, would have been substituted for that 'vagu e and trifling discussion of abstract representative theories, which can never secure true liberty, or substantial repose. " There is a trait of severity in this history which, by its be ing applied in a particular instance only, becomes in some sort unjust. M. Raoul Rochette observes, in describing the cam paigns of the Archduke Charles, that Austria was deficient in sincerity in her efforts against Revolutionary France ; that she looked more to private aggrandizement than to the triumph of principle; and that this want of sincerity, producing a want of energy and enthusiasm, facilitated the defeats of the coalition, and the immense successes of the revolution. This is all just in itself, but equity requires that the reproach should be made general. What power then did more, or even so much as Austria ? Wh o f o ught then for principles ? Who did not then accept private a ggrandizement from the hands of the revo lution ? Who knew even that legitimacy ought to be the sole object of the coalition, and could alone procure its success? The age replies Gustavus, and only Gustavus. We must not be astonished at this. The partition of Poland had proclaimed 23 years before 1793, that there was no longer any political mo rality in Europe, and that force was substituted to the vain pa rade of treaties and laws. Frederick, Joseph, Catherine, all acted on this principle, which became at a later period the inhe ritance of various revolutionary powers. There was not then at the commencement of the French invasions, any moral force whatever, on which the coalition could rely. The Allies misa trusted each other as much as they mistrusted the common enemy. It has been through long calamities and unheard of humiliations, that Providence hat conducted the Monarchs to acknowledge in the Treaty of the Holy Alliance, that " God is the only Sovereign," and that to establish laws on Earth they must begin by submitting themselves with pure and sincere hearts to the laws of Heaven. May victory and prosperity never make them forget this principle, which alone has rescued them from an abyss of evils." METEOROLOGIC:I L JOURNAL. BY R. BANKS. PIIILONOPIIICAL IN4TRUMENT MAKER 'ilicrlll 0. meter. • • 0 :10 3 • ; • .1 ' D t, •-- • - u incites Jan. 17 30 39 28 30.60 Fair Fait 11 38 41 34 • .50 Do. Du. 19 32 45 38 .30 .04 Rain Do. 40 39 43 38 .18 Cloudy Cloudy 21 41 47 41 29.77 .37 Rain Bain 2? 43 47 44 .39 .42 Do. Do. 23 43 47 36 28 8 - .21 Fair Do. 24 41 49 41 129.70 Do. Cloudy of Rain h aye fallen R. B. in the above TRANSFER OF PROPERTY. COURT OF KING'S BENCH, JAN. 28. HAKES AND CO. V. WATSON AND CO. This was an action of trover, brought by the plaintiffs, who are soap -manufacturers, to recover from the defendants, who are wharfingers, the value of 79 casks of tallow. The cause was tried before the Lord Chief Justice at the'London adjourn ed Sittings after last Term ; and on the trial it appeared that the plaintiffs, on the 25th of September, purchased of Messrs. Moberly and Bell 300 casks of Russia candle tallow, at 40s. per cwt. and among this lot were 100 casks imported in the Matilda, and which were then in the warehouse of the defend ants, and for which Messes. Moberly and Bell handed the plaintiff's the following transfer note : " London, Sept. 25, 1820. " To Messrs. 'Watson and Co. " Please to weigh and deliver, transfer, or re-house, to the order of Messrs. B. and T. Hawes, one hundred casks yellow candle tallow, ex-Matilda. H. M. charges from the 10th of October to be paid by the bearer. " MOBERLY AND BELL." And thedefendants, upon receipt ofth is transfer note, transferred the tallow into the names of the plaintiffs, and charged Bs. 4d. for doing so. The plaintiffs, upon receiving the transfer notes of the other two hundred casks, accepted Messrs. Moberly and Bell's bills at six months after date, for 1,4401. and 2,8801. In a few days afterwards the plaintiffs sold three or four lots, amounting to twenty-one casks, and their orders to weigh and deliver were obeyed by the defendants ; but on the 15th of Oct. Messrs. Moberly and Bell having stopped payment, the defendants refused to deliver any more tallow to the plaintiffs order, alleging that they had received orders to that effect from Raikes and Co. of whom Moberly and Bell had originally bought the tallow, the price of which, except 2001., was paid. A verdict was found for the plaintiff: Mr. ATTORNEY-GENERAL this day moved for a Rule calling upon the plaintiffs to spew cause why that verdict should not be set aside, and a new trial had. The Learned Counsel contended that it had been laid down in the case of " Hanson v. Meyer,'" 6 East, 614, that where goods were sold per the cwt. the delivery was not complete until after the goods were weighed, and therefore the ri g ht of s t o ppi ng th em i n t rans it u rema i ne d in the vendor. Mr. Justice BAYLEY—But you admit that the defendants assented to the plaintiffs delivery order in one or two instances. Mr. AT TORNEY-GENERAL—I say that Raikes and Co. had a right to stop in transitu as between themselves and Mo berly and Bell, and if that right existed, then the defend ants would not be justified in delivering the goods to the plaintiffs after haying received notice from Raikes and Co. not to do so. Mr. Justice BEST--But here is a strong fact in this case which is not in the case of" Hanson v. Meyer," namely, the acknowledgment of the defendants, which puts all this doctrine aside. Mr. Justice BAYLEY—In the case of " Hanson v. Meyer," did not the goods remain in the seller's name? Were the goods in this instance standing in Raikes and Co.'s names in the de fendants' books ? The ATTORNEY-GENERAL contended that the fact of the goods having been transferred into the plaintiffs' names in the defendants' books did not take away the right of Raikes and Co. to stop in transitu, and that that right was not lost until the goods should have been weighed. JUDGMENT, Lord Chief Justice ABno•r•r—l think, after the party has paid his money on such a note as that given in evidence on the present occasion, we should be enabling the defendants to do that which I am sure they have no desire to do, to cause an innocent man to be losing his money if we were not to say that the plaintiff was entitled to recover. To treat this as a case of stoppage in transitu, would have the effect of putting a stop on a very large portion indeed of tile commerce of the City of London. Mr. Justice BAYLEY.—This appears to me to be perfectly different from the ordinary case of vendor and vendee. In the case of vendor and vendee the justice is, that the vendee shall not have the goods unless he p a y s th e p r i ce ; an d i t i s j ust i ce and honesty, that if the vendee cannot pay the price the vendor shall have the goods back; but if the question arix,:!s not be tween the original vendor and the original vendee, but between paid the full p r i ce f or t h e goo d s, then where is the original vendor and a purchaser from the ven d ee , t h at pur chaser having the honesty, and justice, and equ a lity of the case ? Th e h onesty h is a . v th e a t t he that venee who h as pa id the pr i ce shall be entitled to possession of the goods. And I think, when Messrs. Raikes and Company,, signed th e d e li ver y or d er , " trans f er, el?, that acco r di ng t o the se ttl e d course an d enabledv Mob er ly an d B e ll t o go an d se ll t h e goods again ; and there are m an y cases w hi c h h o ld, t h at if t h e first v endor does any thin g w hi c h can b e cons id ere d as unction ing the by his vendee, that destroys all right to stop i n usage weig h , o andf t r a ddedeliver," transitu. There are many cases certainly to that effect, some of which I have been casting my eye upon while the case has been go i n g on—the case of Stoveheld v. Hughes, in 14 East, and many other cases to that effi:et. Mr. Justice HOLROYD.—I think the note given by the de fendant makes an end of the present question. After that, I think the property was in the plaintiffs, and it was kept by the defendants as th e p l a i ntiffs ' property, f or w hi c h the plain tiffs were to be liable to the charges from the day mentioned in that note, that is, from the 10th of October. The case is " very different, as it appears to me, from the case cited, of Hanson v. Meyer ;" in that case there was a sale of a large quantity of starch at such a price ; the order was to weigh and del!vered a part, and that having been delivered, hut not the residue, the gre a t quest i on then before t h e C ourt ivas, whether the weighing and d e li very of part was not in point of law a transfer of the property as to the whole ? The Court held that it was not, and sightly so held ; besides, there was the circum stance that the price could not be ascertained of the whole be fore it was weighed, and it was to be paid for by bills ; but the delivery of part there was not a delivery of the whole ; part being weighed and part delivered, the order was complied with pro tent°, and the property in the residue remained therefore surcharged until something further was done. It was not a delivery of part for the whole, nor did the consequence follow by the operation of law that it was a delivery of the whole, so as to deprive the vendor of his right to stop in transitu. But here, on the receipt of this note, directing him to weigh and deliver, the wharfinger sent an acknowledgment to the per sons who had bought the goods and paid for them, that they had transferred them to their account, and the persons who had brought them were subject to charges from a certain period. I think, therefore, they hold them as the goods of the plaintiff's, notwithstanding there was not an actual weighing of them, that they were in the possession of the plaintiff's by means of the defendants, the wharfingers, they having given them the note that they were transferred to them in their books, anti that they were therefore entitled to recover them. Mr. Justice BEST—I think with my brother }Jolroyd, that the paper which has been given in evidence puts an end to the n ' ifquestion in this case; but in fact the q q u u e e s s t t i i o o riisp t u be' ta e wneans any dtoby a case, not only a Nisi Prins de cision, but which received also the sanction of the Court—the case of Harman and others v. Anderson and others—that is precisely the same as the present. Lord Ellenborough in that case, when at Nisi Prins, said—" The goods having been trans ferred in the .name of the purchaser, it would shake the esta blished principles still to allow a stoppage in transits; from the moment the defendant became trustees - for the pur chaser, there was an executed delivery, as much as if the goods had been delivered into his own hands. The pay ment of rent in these cases is a circumstance to shew on whose account the goods are held ; but it is immaterial here, the transfer in the .books being of itself decisive. lam clearly of opinion that the assignees are entitled to recover." Then, " in the ensuing Term, the Attorney-General, after wards Lord Chief Justice Gibbs, expressed his acquiescence in thedirection of the Judge at Nisi Prins, but moved to reducethe damages on an affidavit, stating that as to one parcel of the butters no transfer had been made in the defendant's books to the bankrupt before the bankruptcy, and that,. the right of stop ping in transitu therefore still subsisted when the vendor inter fered." That, therefore, cannot be considered as a mere Nisi Prins decision ; it is a decision which received' the sanction of one of the most distinguished lawyers in .Westminster Hall, when moving foe a new trial, and has been sanctioned by the Court. But it appears to me, if we consider the principle on which the stoppage in transitn is built, it cannot he extended to such a case as this ; if it could, it would destroy that commerce which is now carried on through the inierumen tality of Dock orders. The vendee has a right to the goods the moment the contract is made and executed ; but there exists in the vendor an equitable right which he may exercise at any time before the goods get actually into the possession of the party, provided the exercise of that right does not disturb the rights of third persons. Now it appears to me impossible that it . can be exercised in this case .without disturbing the rights of third persons; for, it has been transferred, not only in the books of the wharfinger, but there has been an acknowledgment on the part of the wharfin ger that he holds, it for the purchaser. It is said there is no change of .property here ; if there is not, I do not see gee - how there can be, until the tallowl are actually melted down and converted into candles. If the Attorney-General is right in this, till the very time when it is brought into use, though it has passed through a hundred hands, and been paid for by all, if it is not weighed, the vender, if he is not fully paid, has a right to stop in transitu. It appears to me that we.should dis turb an established principle, and a necessary just principle, if we held that that could be done in such a case as this. I ap prehend it cannot be done except where the rights of third parties are not disturbed. It,was originally an equitable right,- and was so spoken of, and is spoken of as an equitable prin ciple.—Rule refused. LAW INTELLIGENCE: COURT OF CHANCERY, Jam 30. EX-PARTE GRIHSTED, IN THE HATTER OF HOWARD AND GIRDS, lANXRUPTS. Mr. TRESLOVE and Mr. ROSE were heard in coxtinuatios of the argument of the assignees against the right of the peti tioner, either to be allowed to prove his debt, or that a nevi trial should be granted. The COURT rose at two o'clock. —Further hearing on Moll• day. COURT OF KING'S BENCH, JAN. 30. This being the day distinguished in the Calendar as " Kill 4 Charles's Martyrdom," there was no sitting of the Court ex cept for justifying bail. COURT OF COMMON PLEAS, JAN. 30. This being the anniversary of the Martyrdom of King Charles, was kept a holiday at this Court, except for a short time in the morning, during which Mr. Justice Pant sat to hear some motions of course. CONSISTORY COURT, JAN. 30: WILDEY V. WILDEY. Dr. LUSITINGTON stated that this was a cause of separation and divorce promoted by William Wildey, Esq., against Hannah Augusta Wildey, his wife, by reason of her adultery. The marriage between , the parties was pleaded to have taken place in the month of April, 1814, and the parties lived and cohabited together, without interruption for any considerable length of time, until the month of October, 1821. Captain Wildey had formerly been in the army: but he had retired, from it for a time, and subsequently re-entered the regiment of foot (the 19th), to which he had before been attached as pay master. In October, 1821, this regiment, which was then. stationed at Weeding, in Northamptonshire, received orders ; to" proceed to Ireland with all possible dispatch. Captain Wilder was under the necessity of accompanying it, and from th e evi-- dente of Webb, a f ema l e servant, and others, it appeared that the last time the Captain and his lady were living together, be-- fore his departure, was on the 21st of October, 1821, in the; Alpha-cottages. Captain Wildey remained in Ireland until . the month of May, 1822 ; and this would be proved by those' who were resident with him in that country. Similar testi. mony would establish the fact of Mrs. Wildey's continued' residence in London during the interval, and consequently no interview could have taken place in the time between the two' parties. In May, 1822, C a p ta i n Wild ey returned, and foun d. , that Mrs. Wildey had quitted his house, and was resid- - ing with her mother in Upper Baker-street, Marylebone. In the month of September tollowing, a difference of a serious na-• ture took place between them, some suspicion having been ex- - cited in his mind that Mrs. Wildey had not conducted herself with propriety. They continued to reside in the same house ; but no farther intercourse took place between them, nor had any, taken place from the middle of July preceding. On the Ist of September Mr. Wildey went down into Northamptonshire to shoot, and returned on the sth. On the sth Mr. Hallet, of Spring-gardens, army-agent, having accidentally seen Mrs. Wildey that day, congratulated the Captain on the approach.- ing increase of his family. Captain Wildey testified entire in credulity and astonishment on this point; but upon the repre sentations of Mr. Hallett, he resolved to watch her more nar rowly, and consulted with his solicitor and friends what course- it would be most advisable for him to take. They recommend ed him to watch her, which he -accordingly- did, and on. the evening of the 9th of September she was observed to leave her mother's house, in company with her brother. They proceed- - ed into Quebec-street and called a coach ; but finding that they were observed, they dismissed the coach, and returned to the house. In the evening, however, Mrs. Wildey managed.' effectually to elope from her husband, for whom she left the following note : " Wildey,—As you told me some time ago that we had bet ter part, I take this opportunity of doing so. You, no doubt, will not be sorry for it. Take care, I entreat you, of my child- It is fond of you. Don't leave it much to th e care o f servants: You need not fear of my running bills in your name, when L. have left you. With prayers for your's and my c hild' s h a p, piness, I remain your truly unhappy wife. " H. A. WILDEY." " Nobody knows of my leaving you, but your going so soon out of town is the cause." The Learned Counsel then continued, that there was evidence• in the cause to show that Mrs. 'Wildey, on the 13th of Septenv ber, under a feigned name, and at lodgings in Sloane-streets was delivered of a full grown female child. As it could not be. the child of Mr. Wildey, the case of her adultery was therefore clear. The adulterer had never been discovered by the captain- . The sort of defence which the Learned Gentleman on the other side would set up, would doubtless be such a slumbering over his wrong—such a condonation of the ofFence-,or such a negli gence on his own part in instituting proceedings --as in Captain Wildey, that that gentleman ought not to be allowed thesemedf he prayed for. But the evidence would fully prove that there_ had been no such condonation ; that Capt. Willey had, with-• out any unnecessary delay, and as soon as he was sufficiently possessed of facts, instituted proceedings ; and was therefore well entitled to a divorce. It was true that he never suspected her pregnancy till September ; but that this was the fact was fully established. The evidence having been read, and the argument of Coun . sal on both sides heard, Sir CHRISTOPIIER ROBINSON said he would take time to compare the evidence and arguments of Counsel, and give hi% judgment at a future day. COAL-MARKET, J.ay.3o. Ships at Market. Ships sold 73 Newcastle - - 26 22 Sunderland - - 20 Price. - 348 Od to 408 0a - 308 Od to 418 Oj COURSE OF EXCHANGE, January 30. Amstei dam Ditto, at Sight Rotterdam l2 3 Antwerp l2 4 Hamburgh 37 h 4 trf Altona Paris, 3 Day's sight Ditto nourdeaux, ditto Berlin 7 10 Prank fot lon the Main Peterslntrgh • Vienna . Trieste lO 10 Madrid Cadiz !Whoa 85 4 Effectiv e ' 3 54 Effective' liarcelona .... 35f Gil)raltat Leghorn 46,E ,„ ,..•,...,OA-Veniee, Ital. Lilf • 27 0 Malta 415 -Naples 3B Palermo Lisbon Oporto !tin J ant i ro Bahia Dublin 49 L'ULLION. l'ortur.,al Gold, i n Coin 1 .0 o o per Os.' Foreign Gold, ill liars 3 17 6 New Doubloons New Dollars Silver Ili liirs, Stand:Ard 0 4 1 i 1 ._........ .1 ...43.51103....-^M.N.79vrescannaoes. B] RTHS. On the 29th inst., at his house in Great Surrey-street, the - Lady of Henry Bicknell, Esq., of a daughter. On Wednesday, the 28th inst., at Willian Rectory, th e L a dy of the Rev. William W. Pyni, of a daughter. MARRIED. On the 4th of December last, at Madeira, at the Consof:' General's home, Lieut. George Augustus Anson, of the JP' ? Dragoons, eldest son of Lieut.-General Sir George Ansf' : - . K.C.8., M.P., to Miss Barbara Park, niec e to H enr y Esq , his Britannic Majesty's Agent and Consul-General ta these islands. On Tuesday, the 27th inst., at Glasgow, Matthew Prestoof jun., Esq., to Margaret, second daughter of the late Jo Strang, - Esq.-. DIED. At Plymouth, in the 32d year of his age, Lieut. Haseldis...° 14701, R. N., son of the late John Lyall, Esq., of Findon, Sussex. On the 21st .inst., at Colchester, Mrs. Mary Cuming, late ° f Clapham, Surrey, aged 76. On the 27th in,t., at the house of her relatives in London, l a the advl,nced aJe of 88, Mrs. Bridget Skerrett, formerly, an during 40 years, Member of a religious community in th e Convent of Crsullues at Lille. Yesterday, Mrs. Peyton, wife of William Peyton, Esq., _,U t . e Captain and Adjutant in the First Royal Tower Haml e ts ff l , l ' litia, and daughter of the late George Nelson, Esq., of Limbe r ' Lincolnshire, in the 38th year of her age. 4 Lately, in the 80th year of his age, John. Holman, Esq., " Sudbury, Suffolk. On the 22d inst., at Dalstone, Sarah, the wife of Mr. Stevens, wine-naLsehant, Bishopsgate-street. Printed and Published for the PII,OPRIETORS, at the 11 : 4 OFFICE, 112, Strand, by J. B. CARSTAIRS. I ll'eat tier .