The Sun. — London, England, 1824-07-01 00:00:00

TM, LONDON JOURNALS. DAILY Extrude from the Mornilw Pupas ) July [BRITISH PRESS.] Some garbled extracts have been published from a letter said to have been addressed to Iturbide " by a respectable merchant residing at Vera Cruz." The object of this publication is to shew, that in the opinion of the writer it is ab solutely necessary to the independence of Mexico that Iturbide should resume his imperial sway. : — This partisan, who, we suspect, is much less mercantile than - military in his pursuits, is so san guine as to assure the ex-Emperor that he will be able, with the greatest ease, to re-enact the return of Buonaparte from Elba. "So firmly," says the anonymous correspondent of Iturbide, " ani I persuaded of this, that were you to land to.morrow in Mexico, attended by only one ser vant, you would certainly in less than a week be at - the heed of ten thousand men." We shall soon know whether the prophetic powers of this mys terious person are equal to his political sagacity. Ile is constrained reluctantly to admit, that the British Commissioners are satisfied of the suffi ciency of the present Government of Mexico to maintain the independence and tranquillity of the State ; hut he ascribes this opinion to the " infa tuation" under which they labour. To balance their judgment be cites that of the officers of the Valorous who visited the metropolis of Mexico, and who, we are gravely told, are " prepared to report the persons in power wholly incapable." —This •" merchant" seems to think that that judgment must be the soundest which is held by the greatest number. We differ from him. Naval officers are not always, in our opinion, precisely the best qualified, by their habits and education, to give judgment on the political af fairs of a foreign country, especially if, to the obvious diltdvantages under which they are na turally at all times placed, be superadded an en tire ignorance of the peculiar circumstances of that country, except what they derive from a few weeks' passage through it. The judgment of the Commissioners Is that on which every rational man will rely. It it much More probable that the correspondent of Iturbide is infatuated, than that those gentlemen can have suddenly lost the soundness and temper of mind that belonged to them. With respect to Iturbide himself, in whose favour an attempt seems to be making to hold him up as a person somehow or other entitled, us of legitimate right, to wear the diadem of Mexico, we shall only make a few observations. Ile had rendered some services to his country, which he cancelled by endeavouring to enslave her. His countrymen rose to emancipate themselves from the new yoke be sought , to impose upon them, and, compelled him to abdicate. The army of which, like all usurpers, he had availed himself to seize upon the Government, was very speedily so disgusted •with his tyranny, that he dared not trust his fate in their hands. Ile appealed to the Congress, the representatives of the Mexican people, the constitutional authority which he had tried to destroy ; - he supplicated their protection. The Congress, with a generosity unparalleled in blistery, settled upon him a princely pen sion, and allowed him to retire to Europe in order to enjoy it. They rewarded his me. rits, while they forgave his offences: The pro clamation issued by the,congress on the occasion orlturbid e's abdicatiotyleclared his political exist. ence to be " incompatible with the safety and happiness of Mexico." He was then under a military escort, conducted to the coast, and ba nished for life from the shores of his country.— lie had scarcely arrived in Europe when he vio lated the condition on which he received his pen. Rion by removing to England, us it is now clearly apparent, for the purpose of more safely carrying on the intrigues by which he hoped to resume h is reluctantly renounced sceptre. The bad faith on which he has acted throughout, Is rendered more strikingly manifest by the publication of this let ter of Ids adherent. It is avowed now that his object is to seize the sovereignty. In his letter he di s cl a i me d any such design. hie aparting ffectect to be wholly disinterested personally, and to de- Vote himself, like another Decius to the good of his country. W e h ave already° expressed our wishes that his enterprise may fail, and that be himself may suffer the punishment which the general voice of mankind has denounced against the disturbers of public order; and we repeat now, that we shall deeply regret if he meet with any countenance on his landing, which may tend to prolong the civil war into which, for his own selfish views, he would plunge his , country. The last advices from. Mexico state, °rat the mow Dictator, General Bravo, is adopt ing the m os t e ff ec t ua l measures for securing the peace of the State and the safety of the Govern ment. The Lion schooner had arrived at the island' of Sn:riticios with specie for the Mexican service, and two messengers had proceeded from Alvarado to the capital, with dispatches relative to the Loan. rrn ,rtstun.l Parbadoes Papers received yesterday are full of the proceedings on the West India question which took place in Parliament about the middle of'March. The spirit of the colonists is not yet (if we may judge by their newspapers) prepared to receive contentedly the propositions of the Go vernment, or cordially to co-operate in the mea sures prescribed by it, for producing n gradual Change in the relation of white man and negro. Great exception has been taken to the speech with which Mr. Canning introduced the subject to the House of Commons, not so much for the policy which it recommended, as for the jokes i n d u l ge d in by the Right Hon. Gentleman. Cer tainly, on ti m e point we may be suffered to remark, that making •every allowance (and we are disposed to make t he fullest allowance ) the fears and di,trii,se3 of the West Ilebod y, for the domiueering lndi an language emplo ye d , - by time gentlemen of Jamaica pa rticularly , who threat ened England With something like a - revolt of her colonies if she persisted - in meddling with the . condition of the slaves, this language could have been met by only one of two answefs : there was no alternative but to rebuke it severely, or good-humouredly: to• laugh at it. Mr. Canning chose the second method, and in our opinion he was right; since it was the mildest treatment he Could exercise towards men carried by a momen tary paroxysm of irritation to the entertainment of designs, or, more prep‘rly speaking, to the use of language, (for it could be nothing more) which their better judgment and returning self-pos session would soon enable them to disavow as equally .dnprovoked and unprofitable. The Barbadoes Editor feels some alarm at what he calls 46 the good understanding between the Wilt India body resident in London, and the Saints," which he seems to regard as a 46 very ominous" circumstance. We are, on the other hand, truly rejoiced to hear that such a con summation has been effected; for really, con sideritig the violence of the above parties in their previous hostility towards each other, we had been used to think, that so far as the slave question went, there was very little, if any, un derstanding, .to be boaited of between them. — Wisdom here, as in most cases, lies equidistant from the extremes of enthusiasm and of selfish ness. The state of the world 'generally makes it impbssible that the bondage of the Negro can exist to its actual extent, or in its present form, for over ; but surely the Negro must, by very different means from that of sudden emancipa 'don, be rendered wore like the rest of the world before be can.be fitted to enjoy it. [MORNING uxna.r..D.] The pawnbrokers seem doomed this year to encounter opponents. No sooner had Sir Wm. Cougreve's Equitable Loan . Bill expired under the hands of the Lords' Committee, thau up start the Directors of the [link of England with their new project for lending money upon pledges of the public funds. Should this proposal succeed, so difficult do the Bank Directors find it to em ploy their capital so as to maintain even the re duced dividend of which Mr. Gurney and others complain so bitterly, that we should not wonder if we next saw them take Sir Win. Congrevo's plan out of his hands, and lending money, first, perhaps upon plate and jewels, nua at last upon shirts and petticoats. Indeed we are not quite sure that the latter would not hare been the most useful and least objectionable scheme to have begun with. . , [raw TIKES.] The Leiters from Alvarado to the 2d of may May announce positively that Gen. Bravo is ap pointed Supreme President of Mexico. On the other hand, a letter from Vera Crus on the 16th of April, said to have been addressed to General Iturbide himself, assures him that many even of his enemies are now clamorous for his return to resume the Imperial dignity. From these confused, and contradictory statements, we find it difficult to determine what is the real state of Mexico ; but they both seem to show that the Republican Government recently established there has little prospect of stability. The struggle seems to lie between the adherents of two Military' Chieftains, neither of whom can reasonably be expected to have any very deep or sincere attachment_ to liberty. -----. Advices from Zinte to the 12th of May re; present the affairs of the Greeks as going on Suc cessfully r we must, how e ver, allow somethi for the parti a lity w hich generally dial.i ove rn % tes the accounts from that island. The (,Greek Cng ment, it is said, addressed a Manifesto on the 4 th , of May to the inhabitants, "rr nkiive co rs to name the primary l Assemblies for the choice o Deputies to tile congress which wa s to meet on the Ist of June. Nauplia and , Tripolizza are oc cupied by the Greeks ; the G o v e rnment of Elis is entrusted to the Eparc hs Sismis, Gastone, and Calamegdarsis. Telegraphs by day , and si g nal of the Egean sea; an y Easter eve to surprise tires by night, are estadblibshedmeaallosaloolfigotileiesecotaisiet Greeks were enabled on and destroy a squadro n of 18 Turkish transports. —(lbid ) [MORNING CHRONICLE.] By the way of the Havannah, letters have been received from the city of Mexico, dated on the 22d April, and from Alvarado, dated on the 3d of May. The contents of these letters are satis factory. Information must have been circuitously received at that capital, previous to the 14th of April, of the Loan which Mr. Magoni had con tracted with the eminent establishment of Messrs. B. and A. Goidschidt , Hertz, and Co.; for on that day the Minister of Finance Francisco de Arvellaga, drew bills on the agent of the Mexican Government In London, In part of the Loan contracted by hi m , as specified in the bodies of the bills themselves, some of which have already reached London. This circumstance is a sufficient refutation of the absurd report which has been for some days circulated by the enemies of the freedom of the new Re publics In the Western Hemisphere of the Mexican Congress having refused to ratify this Loan. Geneneral Bravo bad commenced his office of Supreme Director with great energy.— The greatest annoyance to Mexican society has latterly been occasioned by the robbery of peace able commercial travellers ' by brigands, whos e sole merit WEN their possessing the rank of soldiers. The Supreme Director had, pre vious to the 22d of April ) made an exampl e i n Mexico, by the execution of three of these des peradoes ; and the leaders of the miscreants who murdered Mr. Crawford, and plundered him of his property, had been arrested, and were forth with to be brought to trial before a Military Commission. General Bravo had also issued pe remptory instructions to the Governors of Dis tricts and of Cities, to arrest all suspected of robbery, and to bring them before Military Courts for judgment, without waiting for the too slow process of civil trial. These are the sure and only means for protecting the property of in. dividuals in young states, for the energies of the great, virtuous and determined characters are certain proof of wholesome freedom, [MORNING eon.] The attack which has recently been made on Mi.'Secretary Canning by the Etoilo for his con. duct respecting the New States of South America seems to have wefully deluded the enemies of Government in this country. Is it really ima gined that the whole secret of the opposition evinced by that Journal does not consist in its dread of the liberal policy and principles of our distinguished Foreign Minister ? The French Ultras would have Mr. Canning an enemy to the independence of the former Colonies of Spain, and they therefore ascribe to him a temporizing duplicity of conduct and principle, conformable to their own wishes and designs. It is most trite that Mr. Canning correctly defined the va lue of a recognition, of the New States of Ame rica by this country on the evening that Sir Jas. Mackintosh presented a Petition from the Mer chants of London. Can any man question the justness of the distinction then illustrated be tween a recognition on the part of England and of the Mother Country ? So long as the lat ter is withheld, difficulties must be encounter ed, and doubts and uncertainty more .or less embarrass the acts and policy . of. the rising Governments of South America—accoinpanied by hazards to those States which may form an alliance with Powers in such a situation of half acknowledged, half unacknowledged maturity. But because this fact was ably pointed out, and a reason thus assignsd (as regards the interest or the New States themselves) for the conduct hitherto pursued by the British Cabinet in endea vouring to obtain the acquiescence of Spain to whatever act of recognition we might deem expe dient, is it therefore to be inferred that we either fearor feel reluctant to adopt any measures which the interest and honour of the nation may suggest ? Does the Etoile imagine that England is less ca- Able of incurring the consequences orrecogniz ing the independence of South America than the United States? Grant that the King of. Spain may " hang Bolivar" if lie get him within his power, would the act 'itself necessarily involve us in a war with the beloved Ferdinand ; or if it should, is Great Britain to be intimidated or che c ked England I c a) d k e al d fl following em i ( i is i lyw o fsap p r ehension otv _jus G t c o o o u d nci G ls od by l s Spain ! And yet what does the vapouring in the Etoile amount to less than this ? The truth, however, is that the forbear reisbtaybolef atolicpeistyhefworn btlyietitliieslcpoltu,snstnreyssisofwhhoilslyMasacj Madrid.--Were he in anywise able to vindicate his own pretentious —were the British Govern -the delay Govern ment in any resp ec t l ess consc i ous of i ts own su premacy which has taken place might be referable, to'doubtful principle. But in reali ty, we have been generous in the extreme to Spain —both because its exhausted state demanded a compasionate respect towards its claims of former Sovereignty, and because our own greatness, in ternally and externally, could amply afford suc h a sacrifice of immediate interest. So far as we may be alltwed to comment on Mr. Secretary Canning's profound remarks, they went to ex plain points which ought to be %yell under stood by the people of England and Amer i ca recognition of such previously to be expected t nations' They into the remit" 9 ll Tte udependon went to show that. I"wwituowletigment of a new States as mi g ht be found qualified for adnusston G ovi.remumf (lid not iieceakmrity ;1,701,0 EL r fensive and defensive alliance with it, and thus rather to remove objections which might exist at home to the adoption of the measure, than to raise obstacles to its speedy and effective accomplish timid. We think, in short, we may say, that a very little time will dispel the visions of the Etoile on to the world that the - f t , l i i r is ei s it u n bj l e )o c l t i , oy atld p of Eti r g o i v a e nd is equally straight for ward and honourable—equally courteous towards Spain, and liberal towards South America. LAW INTELLIGENCE. 'COURT OF CHANCERY, Jr; lnt 30. PANQUHARSON V. BALFGAD. The Lo RD CHANCELLOR expressed his opinion in this case, that Mr. Ellis ought to be repaid the amount which he had ad vanced, and that the sugars and other property should be placed under the management of the Court. Mr. AGAR wished an affidavit to be filed by Mr. Ellis, stat ing that he hail received no part of the amount which he claimed from Messrs. Bailey and Co. from the estate, or from any other - 1 - 4 ;;:fter. Mr. HAUT protlucsd a letter which had been put into his hands from Mr. Ellis, complaining of a statement made by Mr. Agar in open Court, with respect to certain sugars in his hands. These sugars he now expressed his readiness to give up to any person the Court should direct. A conversation ensued between Mr. Arian and Mr . HART, which produced considerable warmth, and a display of some irritability on both sides. In the result, the LORD CHANCEL. LOR directed an affidavit to be filed with respect to the monies said to have been received by Mr. Ellis in part payment of the whole 30,0001. advanced by that gentleman. HAWEAS CORPUS. Mr. HEALD said, he had just put into his hands a case, in which the liberty of the subject was concerned. It was the case of a bankrupt, of the name of James Gromerson, who had been committed to prison by the Conimissioners. The ground upon which ,it was now prayed that the bankrupt should be discharged was, that the questions and answers, on the two first examinations, were not contained on the warrant of com. mitment. Tho LORD CHANCELLOR was of opinion that the bankrupt ought to be discharged, although he verily believed, upon read. Ing the examinations on the warrant, that the party deserved commitment. Be wished that more care would LA future be taken in drawing these Warrants of commitment. THE. CORONER OP SALOP. IN RE THE CORONER OF SAl.ot'. Mr. Mums stated, that this was a petition of ai free holders of Shropshire, prayin g t h at t h e Sh er iff of the 'aunty be directed to make out a new writ for the removal of a person of the name of Jones from the office of Coroner, and for the. appointment of a Mr. Southern in his stead. It appeared upon the petition, which was verified by affidavit, that a va. cancy having occurred in the office of Coroner for the county of Salop, an election had taken place as directed by the Act 58 Geo. 111., but the petitioners complained that the election was not in conformity with the whole of the regulations of the Act in two respects it, The postponement of the day of holding the Court beyond the day prescribed ; and, 2 dly, The refusal by the Sheriff to allow a pall. With respect to the first point, it was ascertained that the writ was first issued on the 25th of March, and that the Sheriff adjourned the Court to the 28th April, which was a longer period than was allow. ed by the Act. On the 28th of April, however, the free holders attended at the Court, and two candidates were proposed, Mr. George Jones, a surgeon, 'and Mr. Samuel Philip Southern, a solicitor, practising in the town of Shrews bury. The election was declared in favour of Mr. Jones, and a poll was demanded by the friends of Mr. Southern. The Sheriff absolutely refused to allow the poll, alleging that Mr. Southern was ineligible, not being possessed of sufficient pro perty to qualify him for, the office. Upon an examination of the Acts which regulated the appointment of Coroners, it ap. peared that in tact no qualification was necessary.. • t was, however, alleged, that the possession of a freehold, of the value of an huniired shillings, absolutely requisite. The two Acts of the 7th and Bth William 111. c. 25, and 18th George 11. c. 18, were combined in tit© last statute of the late King, and no doubt mild be entertained that the election was void, anti that a new writ must be issued. Mr. TAU NT ow, on the same side, took a view of the various statutes which had passed from the time of Edward 1. to the present period, with is view of shewing that, at the present day, no qualification of M. was requisite to render any man eligible to the office of Coroner. The first statute was the. • 4 of the 3d of Edward the Firs t , by which it was required that " the most wise and discrete knights" should be chosen to the office of Coroner. It would be seen, therefore, that ac cording to this Act no honest country, Gentleman or Squire would be competent to fill this important office, and an Knight only would be eligible. Mr. Jones would be, there fore, as much disqualified as Mr. Southern according to this Act; and it must be considered in the present day as obsolete. The next Act, the 14th Edward 111. required a Coroner to pos sess land in fee, " whereof he may answer to all people, " and the 28th Edwa r d 111. declared that " the most meek anlawful to be found in the country," should be chosen. The Learned Counsel next adverted to the authorities of Fitzherbert in his Nature Brevium, and of Sir Edward Coke in his Second In stitute, in support of the argument which he had advanced. The latter authority bad declared his opinion to be, that the true construction of the Acts of Parliament was, that all that was meant by the word " Knight" in those Acts was, they should possess " su ffi cient land whereof to answer to the Kin g ." The Learned Counsel next contended that the Sheriff was not himself competent to judge of the question of eligibility, and that the point rested entirely with his, Lordship. It was to be observed, that no provision was contained in these several Acts, that if such qualification did not exist, the election should be void. The SOLTCITOR-GENERAL, on the other side, contended, that the qualification of an hundred shillings was absolutely necessary. He referred to an Act, Ist Henry VIII., by which it was directed that an." escheator" was not competent unless he possessed a property of an hundred shillings. It was true that this Act did not include the office of Coroner by name, but the escheator and coroner had been combined in former statutes, and it appeared that both required a similar qualification. The main ground, however, upon which the Learned Solicitor-Ge neral rested his opposition to the petition, was, that Mr. South. ern had himself admitted his disqualification according to the Act 14th Edward the Third, and had actually withdrawn him self as a candidate for the office. This important fact was dis tinctly proved by the affidavits of Joseph Collier and others, who were present at the time. He contended, therefore, that the election could not now be disturbed. Mr. SHADWELL appeared as Counsel on the part of the Sheriff, and was convinced th a t th e a ffid av it s wou ld satisfacto rily show that the Sheriff had acted with the utmost propriety and fairness towards the parties. The Under-Sheriff, whose legal learning secundion subjectam materiant, was by no means contemptible, was, it appeared, wholly governed at this election by that well-known, not to say learned, work, " Im pey's Practice ;" and, in that book, the last statute of the 58th Geo. 111., was wholly omitted. The only fault which could be attributed to this Gentleman, therefore, was an absence of certain legal learning, which it would certainly have been as well had he possessed. It appeared, also, that the postpone ment of the Court was in conformity with the wishes of a great body of the freeholders,--and further, that no poll had, at the time of the election, been demanded.—Mr. I-101114z shortly replied. The LORD CHANCELLOR apprehened that there were in this case two points most important to be considered, first, whether, according to the Act 58th Geo. 111., the election which had taken place could be considered as an election at all ; and se condly, what was the qualification necessary under the Act 14th Edward 111. Upon the first point, which was by far the most important, he should take an opportunity of consulting the Judges. It appeared to him, as ho now viewed the question, that no election bad, in fact, taken place, as the Act was framed for the purpose of avoiding the delays and mancsuvres which might be resorted to by the Sheriff. If the present course pursued were sanctioned, it would necessarily have the effect of giving permission to other Sheriffs to act in a similar manner. Upon the Sheriff himself no imputation could certainly rest, and the Learned Counsel had succeeded in showing that no impropriety of conduct was attributable to him. In that karned work of Impey, the last AcCof Cleo. 111. was certainly omitted, and it must be considered that he was ignorant of the law. VICE-CHANCELLOR'S COURT, JUNE 30. SNACKELL v. MACAULAY• The plaintiff' is the printer and publisher of the weekly.papo the John Bull. The defendant is a Member of a Society for the Abolition of Slavery. The plaintiff had published severe articles in his newspaper which the defendant contended .re fleeted on his character, and were gross and injurious libels. Two in particular were complained of—one published on Oc tober 2f3, 1823, and the other on November 9 of the same year ; two distinct actions were in consequence brought against him to be tried in a Court of Law. Shackell had put in a plea of justification that what he had asserted was true, and applied to the Court for a bill to issue a commission for the purpose of taking evidence in foreign countries. Mr. Piers's, on the part of Mr. Macaulay, objected to this, lad put in a demurrer on the ground that one commission could not be issued for two distinct actions. One part of the evidence must be obtained in Africa, another in America, or in some other part of the world; and nothing could be niore inconve nient and unjust than to allow one commission to comprehend all these. The evidende in one instance might arrive in two months—the others perhaps not in twelve; and it would be unjust to allow any publication of the evidence, or one of the actions to take place, before all the evidence for both could be brought. • This, it is probable, the plaintiff had in view to serve his own purposes. He therefore objected to this bill, and brought forward .an instance of a decree in this Court, which applied precisely to this case—that of Thorpe r . M a _ caulay. The Soucy!' o smitAr. appeared for Shackell, and stated that this was a very strange instance of demurrer. The defendant had chosen-to make two actions, and therefore contended that one commission could not be issued. The actions were precisely the same, and there was nothing to prevent them from being tried as one; similar instances took place in common law, where various facts were allowed to be classed in one action, and certainly a Court of Eq_uity will not act otherwis e . I t was the fault of the defendant that there were two actions, VICE.CIIANCELLon.—Mr. Sollcitor.Oeneral, the question at issue is, whether one commission can be Issued to examine witnesses for two distinct actions. This is what the Learned Counsel on the other side argues cannot be done, and this is the point to be decided first. The SOLICITOII-GENERAL then argued there could be no impropriety in appointing two commissions, and brought for. ward several instances where the same mode of proceeding had taken place. Mr. SUDDEN followed on the•sanse side, and rested his argu ment for a commission on the ground that it was in the power of the Court to grant two commissions instead of one. VICE-CHANCELLOR—HOW could these commissions be worded, Mr. Sugden ? Mr. Soon Ear was not prepared to answer the question ; but hoped his Honour would state what his opinion was on th e suhjeet. • •VicE-CiwicymiA3R—There has never been 'an instance of a commission being granted to take evidence on particular points—it has always been issued for taking evidence generally. Mr. SUDDEN, with great submission to the Court, contend ed that though there was no instance of the kind, he thought the Court might, with - great propriety, make a precedent. Several other arguments were brought forward for the plain. tiff, the principal of which was, that commissions of a similar 'kind. were frequently issued in underwriting cases. .The VICE-CHANCELLOR delivered his opinion at some length, and concluded by stating that one bill of commi ss i on for taking evidence on two distinct cases could not be issued ; and as two commissions would be injurious to the plaintiff' at law, he confirmed the demurrer. COURT OF KING'S BENCH, JuNs 30. THE KING V. lIANCEZE. This defendant had been convicted before Mr. Justice Bor. rough, at the last Summer Assizes for the City of Bristol, of publishing a libel on Sir Alexander Wilson In The Bristol Itlereurth The matter had stood over for three terms, and now Mr. Serjeant Pell, for the prosecution, prayed judgment. The Cott UT suggestedthat it was a Meuse to go to the Master as a question of costs. Mr. ADAM, for the defendant, said he was not instructed to yield to that suggestion. The Court ordered the case to stand over, to see whether the parties would consent to go before the Master. THE KING V. CARLTON AND OTHERS. Mr. RUSSELL applied to know whether the Court would please to appoint a day for the further hearing of the argument in support of the rule Nisi for a criminal information, at the instance of Sir George Chetwynd, Bart. against the defendants, all printer and publisher of The British Press, for an alleged libel,—The COURT said they really did not know how to name any day.—Mr. RUSSELL said that Sir George Chet w ynd was anxious to have the case heard to an end, and certainly wished it to be understood, that he by no means abandoned the pro ceeding. representation, the COURT, understanding that both patties were attorneys, granted a rule Nisi. COURT OF COMMON PLEAS, Jultz 30. BARN V. CORBETT. This was an'argument raised on a special case, arising out of an action upon a policy of insurance, effected on a ship bound from London to Maracaibo. The action was tried at Guildhall. Mr. Serjeant Bosanquet argued the points on a former day in favour of the plaintiffs, and Mr. Serjeant Vaughan was heard this morning for the Underwriters. The CIIIEF JUSTICE, at the conclusion of Mr. Serjeant Vaughan's argument, intimated to Mr. Serjeant Bosanquet that he need not trouble himself to reply, and proceeded to give his opinion. His Lordship had no doubt at first that this was a total loss within the terms of the policy ; but he had afterwards in some degree changed his opinion ; he had now, however, brought himself back to his original opinion. The facts were very short. The declaration stated that the ship was lost by the perils of the sea : she was bound from the port of London to Maracaibo, with liberty to touch at the West Indies, and the plaintiff had a bona fide insurable interest in her; she was warranted by the underwriters against every peril but capture or seizure. The question then was, whether she was lost by the perils of the sea, or by cap ture or seizure. She arrived at the Gulf of Maracaibo at mid night on the 17th, and she was then about 20 miles from Mara" call)°, which was her destination, and about nine miles from Port St. Carlos, a military station. It appeared that she drift ed on the sands , and was lost by the peril of the sea. Hie brother Vaughan had referred to several cases, and particularly to an opinion of Mr. Justice Bayley ; but this case rested upon different grounds from the case cited. In looking at the facts' of this case it was found that the ship was totally lost ; and the goods, though not lost, were taken possession of by an; enemy. Now, when were the goods lost to the owners ? He was of opinion that they were so lost when the ship was If the underwriters were not liable for the loss of goods by capture or seizure by an enemy, they could not expect them' to be preserved by an enemy. Here there was no person" near the ship to give assistance at the time she stranded, and= the goods were lost as soon as the ship was in that situation.— The moment the ship because irremovable the goods were lost, and the policy attached. In this case there was not a previous partial loss, but a previous total loss—not a depreciation of ship and cargo, but a destruction. In his opinion, therefore, the plaintiff was entitled to recover. Mr. Justice Pmts. agreed with the Chief justice Mr. Jus tice Bunnouou concurred with the other Learned Judges.— Judgment for the plaintiff. SHERIFF'S COURT, RED LION-SQUARE, JUNE 30. RENTAL GIP THE SURREY THEATRE. TEMPLE WEST, ESQ. V. BURROUGHS. In this case the Jury were called upon to say if any and what rent was due to the plaintiff for two months, during which time the defendant was lessee of the-Surrey theatre. Mr. C. F. WiLtrams stated the case. This was an action to recover 3881. for rent, &c. of the Surrey theatre, of which the defendant Burroughs was lessee in 1823. The portion of rent now claimed was 2701. 12s. 4th The remainder was for taxes paid by the plaintiff during the time the defend a nt h a d occupation of the theatre. What defence would be urged he (Mr. Williams) could not anticipate. The rental at which the theatre and property were let was 1081. Is. per month, and the defendant was to make monthly payments. The 3 ury gave a verdictfor the plaintiff—Damages 3311. 89.13(1. CONSISTORY COURT OF ROCHESTER, JUNE 30. NOKES WSW DIILWARD, OTHERWISE MADON, FALSELY _ _ CALLED NOXES. This was a suit of nullity of marriage, promoted by Mr. Nokes against a lady with whom he was united at Gretna. green in Oct. 1822, her former husband, a Mr. Jas. Milward, or Mr. Luke Jas. Milward being at that time and sabequently in existence. It appeared that Mr. Nokes was an attorney's clerk, and had (as he supposed) elop ed with Mrs. R. Milward, a widow ; but there was evidence in the cause to show that Mr. Luke James Milward, her former husband, and to whom she hail been married at Islington Church, in January, 1021, embarked at Liverpool for America, on the 25th June, 1823. Laing, the working parson of Gretna-green, had given Mr. Nokes and Mrs. Rosetta Hadon one of his usual certificates. " that the parties ha.l been married according to the rites and ceremonies of the Church of England, and agreeably to those of Scotland." 'Dr. SWAHEY, the Judge, objected, that the identity of Mr. Nokes was by no means proved upon the evidence that was ad duced to sustain it. And as to the certificate, there was nothing about it to show, either that Mr. Laing was a regul ar m i n i ster of the Kirk of Scotland, or empowered to celebrate such a !marriage ; or the Actunt that such a marriage was at the time and place mentioned scaly celebrated. The counsel for Mr. Nokes contended that the proof of identity was sufficient to satisfy the object of the law, which would not too narrowly inquire into the proof of the marriage sought to be set aside, more particularly as the former of these two marriages (for it seemed that Mrs. Hadon was married to Mr. Milward under the designation of Mrs. Ward, widow) was proved beyond dispute. If, however, the Court should be.of opinion that the pleading was defective in its present state, they trusted that the Court would rescind the conclusion of the cause, to allow the party an opportunity of amending his plea. The adverse Counsel objected to this prayer. The Court would doubtless be surprised and. pleased to learn from so ad mirable an authority as Mr. David Laing, that the marriage ceremonies and laws of the Kirk of Scotland and those of the Church of England were so extremely similar as hi s certi ficate set them forth to be. The Learned Counsel then argued at length upon the absolute defect of proof of identity as to Mr. Nokes throughout the whole transaction, and as to Mrs. Nokes, in several parts of it ; an d fi na ll y they prayed that Mrs. Nokes might be dismissed from all further observance of justice in the cause. The JUDGE said he should take time to deliberate in this case. The two dark spots a little behind its head, are supposed to have gained the HADDOCK, in days of superstition, the credit of being the fish which ST. PETER caught with the tribute money in its mouth ; in proof of which the impression of the Saint's finger and "thumb has been en tailed on the whole race of haddocks ever since. Unfortunately however, for the tradition, the haddock is not a Mediterranean fish, nor can we suppose it to have belonged to the Lake of Ti berias. The truth is, the Italians consider a very different fish as that which was sanctified by the Apostle, and which after him they hon our with the name of St. Janitore, a name that we have converted into Johnny Dory, with the same happy ingenuity that he has twisted Gira sole, or turnsol, Into a Jerusalem artichoke. On Monday (week) six fine deer in the Mar quis of, STAFFORD'S park at Trentham, and on Tuesday a cow belonging to a labouring man in that neighbourhood, were killed- by lightning.— ( Shuford Advertiser.) Prtco. 323 3(1 to 393 ad 5 I s (k 1 to 42s (id. BIRTH. On the 30th ult., the wife of the Rev. Robert Crosby, of the Refuge for the Destitute, of a son. MARRIED. On the 29th ult., at St. Luke's, Chelsea, G. W. Turner, Esq., of Speldhurst, Kent, to Frances Otway, youngest daughter of the late Captain Rains, R.N. On the 29th ult., at ifildersham, Cambridgeshire, Septimus Burton, of York -terrace, Regent's-park. Esq., to Charlotte. youngest daughter of T. C. Middleton, of./lildersham-hall, Esq. On the 30th ult., T. Porter, Esq., of Bishopsgate-street, to Catherine, third daughter of th e late John R iley, Esq., of Lincolnhill, Northumberland. CRIMINAL INFORMATION. Mr. J. EVANS moved for a rule, - calling upon Mr. Robert Link% gentleman, an attorney, of Lincoln, to chew cause why a criminal information should not be filed against him, for con duct towards Mr. Gresham, another attorney, tending to incite the latter to a breach of the peace. The Learned Counsel stated, front the affidavits, that a Mr. John Fisher had sent Mr. Ore. sham a challenge to fight a duel. Mr. Gresham having taken no notice of the challenge, he mina soon afterwards met by Mr. Lings in the market place, who pulled out a pair of pistols and some bullets, and threated that if he did not give Mr. Fisher the meeting he would post him through the City. Upon this COAL MARKET, Su N 130. Shill at Market. Shi ps so ld 29 Newcastle .' . 234 11 Sunderland • • 9i DIED. On the 23d instant, at Fraling7in Essex, Mrs. Harris, of Milner-place, Lambeth, aged WV. On the 29th ult., at hat house in the New-road, in the 65th year of his age, Thomas Keith, Esq., author of several mathe matical works, &c. On the 30th ult, at his father's house, Stoke Newington, William Pulteney Sundius, Esq., aged 29. At Kirkwall; in Orkney, the 'ley. Robert Yule, Minister of the Gospel there._. _ _. . At Fi . ntry, Stirlingshire, on the 2d ult., Janet Waters, aged ton years. She had thirteen children, fifty-three grand-chil dren, and forty great.grand-childen, being a total of one hun dred and six. Printed and Published for the PROPRIETORS, •t the Sux- OFF ICE, 112, Strand, by J. B. CARSTMRII.