The Sun. — London, England, 1824-11-24 00:00:00

THE LONDON ,JOURNAI.S. DAILY Extracts from the .11 riling Papers, Nov. 24. [I4IUTISA PRESS.] By the arrival of the General Palmer- from :Mathes, from whence she sailed on the Ist of August, we have received letters and papers from Calcatta to the 18th of July. The intelligence we hitve thus obtained respecting the progress of the Ilurntes,e waris, upon the whole, highly gra tify*. In the Calcutta Gazette Extraordinary .Of the, 10th of July we have a dispatch from Sir Archibald Campbell, detailing the successes be had gained over the enemy. These successes ere not of stilliciont magnitude to be in themselves productive of any results decisive of the contest, but it is of great importance that in these in stances some of the most desperate of. the Bur mese forces have been compelled to abandon their ,stockades in order to escape from the destructive effects of our artillery. They have .now found, by a dreadful experience,. that .if they remain in the stockhdes, we can with • comparative ease, and almost with out loss, exterminate them. The impression made Upon them is thus described in the official account the terror of our arms at present' prevails among the troops lately opposed to us, and from one or two reconnoitering parties which have since been out, I find that every stockade! in our neighbourhood has been evacuated.''. We have also the official confirmation of the capture of Cheduba. The casualties in these affairs have been but . trilling on our part, while the loss sus tained by the, enemy has been considerable. The adviceifrom Calcutta state that the'alarm some time before felt as to an incursion into Bengal from Ramoo had completely subsided. - Some private letters from Madras allude to an alleged misunderstanding bet Ween the Governor General and a Military officerof tire highest rank, which it is represented ..had led to ,very serious conse quences.. 'We shall the more deeply regret to' learn that this. information is correct, because it, appearsi as we anticipated, that the Burmese war is likely to be both tedious and expensive. The troops ient in the first expedition are hot con sidered, as sufficient for the, purpose, .and the transports ,which conveyed them have therefore been dispatched to Madras and CalcUtte, to hring additional supplies of. men and stores. The force upon .the Eastern frontier is also to be strengthened. The following is . an extract of a private letter from Calcutta :^- 44 Since we last addressed you on the 14th of June, there has been an almost total cessation of business, in con, sequence of the agenti of Government in the in terior having seized nil the boats on the river,: for the transportation of troops and stores to wards the eastern frontier, and they have even unloaded the native craft proceeding upwards, in consequence of which we cannot get a merchant to purchase a case, of goods, as they argue that breach made a month henc e are . likely :to !each their destination us soon as .those made a the present moment." [TUE TIMES. Some extracts of diapatches from India will be found in this day's Paper, which describe as Much of our military operations against the Bur mese on the coasts of Aracatr and Pegu as it is deemed prudent to make public. These relate to a stockade contest at Kemmendine, by the troops under Sir Archibald Campbel!; and some further details of the capture of the island of Cheduba, liy Brigadier-General M'Creagh, who attacked ,000 of' the. Burmese entrenched in it, with a force of .300 men. We are assured, that notwithstanding the above local and detached successes, ranch dissatisfaction, and no small alarm, prevail at Calcutta, respecting the state and prospects Of this untimely war. Shice the affair of the, 10th and 11th of June, the accounts ttkree in saying' that nothing had been either done or attempted, on the side of Rangoon—the reason assigned behig.ti scarcity of provisions, and that our troops were unhealthy. In the mean time, the campaign was to open on the northern fron tier, with a . force (as estimated) of 20,000 men, under the orders of the Commander-in-Chief ; al though Sir I. Paget is alleged by other commu nications to :have actually thrown up his cotri mend, after - a !drool; but vain remonstrance against the Oiliness and imbecility of Lord Am. beret's Government. The declared object of the northern army was to march by Chittagong, pon the Burmese. capital, depending on the co-opera tion •of tho.force collected at Rangoon. The combined expeditions. were to include a body of '30,000 rneoHli proof in itself of the serious im portance attached to this contest with a people w h ose eum t le rg a r e formidable and their admitted courage more . . so. But a proof still stronger of that real importance is, that even the above broad scale of. preparations is held by the audio rities most looked up to as not commensurate with the occasion. It May,. perhaps, be worth recollecting that in The list of aries and ordnance captured at .Cheduba are enumerated tiVe European six=-pounders, 40 European muskets, and a quantity. of European flints. We admit that such means of destruction may have been procured by. open commerce, and that no infe rence at alt unfavourable to the feelings of the State supplying them (in' regard to England) ought to be drawn, without it more particular knowledge of the facts. It is even very possible that Carron and Birmingham may. ha ve been the birth-placei of these military supplies. If. so, it would be a relief to the public distrust of foreign Powers to make known a truth so tratiquillizitig. People are looking to the frontier of the Indus-L -unreasonably,perhaps, but almost instinctively-- for,grounds uncomplicated apprehension 011 the subject of Asiatic affairs, [NEW TIMM] Yesterday by the Lisbon Mail letters were received to the 14th lost. The late dishurbatice is Hot oven alluded to in then' letters,-which serves 10 collfirrn thet , small diqpiie of importance which we tittaofd to 0404,11'4r at , the time of the information first reaching this coujo.m.y. Sir ‘Vm• A'Court had srpoitncetl , ,klis Ajklogriatic duties by strenuously exerting himself, as the Repre• isentative or the British Government, to bring about a speedy .deterniimition with respect, to the: Brazils-4u .this respect, however, we re. gret to say, his .endeavours hitherto had not been attended with that succesi - whickthe friends of the two countries so earnestly desire. No further information had been received from Rio Janeiro than what has already appeared here ; but the knowledge.of the fact of the President of the United States having recognised the h►de. pendence of Brazil, which had just reached - Lis. bon, had persuaded many persons there that the recognition by Portugal would speedily folloW. Under existing circumstances, however, Vw are not of quite so sanguine an opinion. [MORNING POST.] French papers to the 22d inst. and the -Etoile of Monday, reached us last night by express: They have brought us a Royal Ordhiance, fix ing the opening of the Chambers for the , 22d of next December. This is about the regular period for commencing the Legislative labours• of the year. Its appointment therefore argues nothing as to the readiness or ability of the Mi nisters to encounter the great Councils of the:Na tion. It is a necessity from which they cannot escape, and whatever may be the result of the contest which is preparing, their only chance of bringing it to a successful issue, is to enter it with spirit and confidence. It has been asserted in their Journals, that the Peers had rejected the law for reducing the Rentes last Session, because most of them were fundholders, and would not consent. to a diminution of their income. This law, it is now said, may again be proposed, -but in so modified a state as not to affect the interests of the rich and powerful, who are therefore expected to give it their support. This we trust, however, is a wrong anticipation : for if there be such an ex ception in the project which is said to have been prepared, it affords, .we should conceive, an ad. ditional reason why it should be rejected. These Papers contain, intelligence from Constantinople to the 24th of October. It does not, allude to the rumoured deposition of the Sultan, which, we considered yesterday as premature, though it is highly probable that it will ultimately occur, if the Turkish Ministers do not speedily make up their minds to retire from a contest which has only served to betray the impotence of Ottoman Despotism. The dread of Canaris had reached the capital ; and its inhabitants half regretted that any of the Captain Paella's vessels should have fled for refuge to the Dardanelles, as it would bring the avenger of Ipsara in their pur suit eloie to the imperial city. The final destruc tion of the Turkish fleet is said to hove been ef fected at IVlitylene in the,following manner : " at the moment when the Ottoman ships were entering the canal which leads to the moorings, the Greek vessels r u s h e d i n pe ll sme ll w i t h them, and thus prevented the Turkish batteries from firing, lest they should injure their own country men. In this state of confusion, the Greek fire ships easily hooked themselves to the Turkish vessels, and the conflagration was so terrible that it was descried from au immense distance at sea." [Mon YIN() CIIIIONICLEj 'NO intelligence of the slightest public import ance was received yesterday from any part of Europe, and from America there are no arrivals. Letters 'have been received from Calcutta to the 19th of July, but they add no information to that already • known respectiug the Burmese war. The British army commenced the cam paign just when it ought to have ended, for the rains had put a stop to . all offensive operations. Much disunion is represented to prevail even in the * Supreme Council, on the policy .Of this *War, and mutual recriminations are reported to he the consequences. Thee, no donbctLiwlilyll throw light on these differences, if they a do exist, but in the meantime it is universally re gretted that there is not at the head of affairs in India at this critical moment, art individual pos sessed iif talents equal to the exigency. To con tend with climate and a dense and ferocious po pulation, requires abilities very different to those necessary to constitute a Chinese Ambassador, Lord William Bentinck ought to have been ap.: pointed Governor-General instead of Lord Am herSt, after the services of the Marquis of Hast ings were dispensed with ; and this will be shewn by the result of the present war, for unless the hest informed be much deceived,' great sacrifices of time and human life must be made before its conclusion. In the absence of news from Paris, very little business was done in the . Consols, and they are a sheds lower than they were yesterday.— For tlse settlement on Thursday, they opened at 95H, fell daring the day to 95/4, and closed at 95U; the market looking rather heavy, notwithstanding the great abundance of capital at present unemployed.— The only cause which can be given for this cir cumstance, is zt doubt whiCh hangs over the public mind 'respecting the consequences to the rest of Europe which may attend the restoration of liberty in'Spein for It is universally admitted that the heavy oppression of Ferdinand cannot long continue in that ill-fated kingdom. rri PUBLIC Lxvoxu.] By our extracts from Madras Papers, to the 30th of July, it will lie seen that nothing had oc, curred in the war with.the Burmese, up to the beginning. of that month, characteristic, on our side, of the energy by which our military opera tions -in India have been usually distinguished. The enemy was fall encamped in our territory; and the opportunity of expelling him, if the means really existed, had escaped for the pre wilt, as the rainy season had commenced. The Cu!Culla Gazelle, of the 3d, has recourse to a joke, in order to soften down this dis grace, and says, that " they (the Burmese) may probably be indulged in. taking up their ' rainy quarters there." This indulgence, too, is crranted in consequence of - their conduct "'being quite harmless." How considerate on the part of our Indian Rulers! and' how courteous at the same tithe ! - The Burtnette, however, excepting chtt inoffensive . manner in Which therconducted themselves, skewed no disposition, to imitate our couatesy, a i sthey not only paid'us a visit. without askinileave, but insisted on prolonging it, with. out consulting our convenience, We have beaten them at least in politeness, it in nothing else; but, see ! how these rude; guests have re quited the civility of the Court of Calcutta! In . stead of returning thanks fcebeing allowed to remain -unmolested during the rainy weather, they sent a warning, 44 That they would not tamper with the English any longer ; and to spew that they were serions in this threat, orders were sent at the same time from Ava to the Burmese Authorities 44 to fight the English sword to sword,-teeth to teeth, and drive them into the sea." Though we have hopes that the Court of Ava will mitigate these severe orders, yet we are obliged to confess, that to treat the subject with irony would be wholly misplaced on our part.-- 'file Burmese are either a more formidable enemy than they have been generally repre sented, which would convey a charge of ignorance against our Indian Government ; or they owe their success to the supiness of the latter. In neither 'of these suppositions is there any thing very cheering, particularly as our Empire in India is the work of extraordinary vigilance, consummate skill, and commanding energy. An edifice of power, raised upon such principles, can only be preserved by the same means as had been used in the construction ; and if the present Go vernment be unequal to the task a more compe tent one should be substituted without the least loss of time. Reputation is everything in our scheme of Indian dominion ; and, if it were to sustain the slightest injury the consequences, if not wholly irreparable, might be very serious. It is not in India alone,- that a jealousy of our power prevails ; and if an opinion that we are vulnerable there were once to gain ground, it would not be long before 'we should have to defend our pretension against arms and arts very different to those of the Native Princes. PROVINCIAL JOURNALS. THE BOROUGH OF MONMOUTH. The contest betwixt Despotism and Patriotism, which continues, so disgracefully for one party and so unhap pily for both to agitate the Borough of Monmouth, engages our most earnest solicitude. For its ultimate result we have not any apprehension ; but we participate in all those anxieties, and in all that painful intensity of interest, which they who are st r on g only in the justice of their cause, and in that unexampled moral courage which elevates every man of them into a hero, have to encounter in their noble efforts to work out the redemption of their independence. They need no incentives to do their duty tothe end; but they need succour, and they deserve it. Our anticipations of the result of the . proceedings in the Court of King's Bench, relative to the important " Burgess Cause,". prove to have been. well-founded. A nominal verdict, suf ficient to carry costs, has been confirmed against, the lade, pendent party, leaving; the question of right untried. We may therefore - concl'ide that, as their opponents were not bold enough to enter upon evidence at the last trial to disprove the right claimed, victory must declare for the patriots; and that all the boasting, rioting, insolence and intemperance of the serviles, have arisen from the bitterness of conscious defeat. The ground on which the verdict was found is this: The ring. ing of a bell is the only notice for calling a Court of Record, and also the usual notice of calling a Court of Quarter SeSsiona • and the defendant, Yeates, was elected on a day when Lod Courts were held. This raised a presumption that the electors were not aware of the distinct purpose for which the bell rung. The other burgesses having been elected on days when sessions were not held, anti in the most publicmanner, there cannot, we conceive, he Wild in their cases, a single peg on whi c h even the Chancellor himself could hang the most flimsy 'doubt. It is true that the champions of freedom have to contend against wealth and power, in the hands of those .who do not disdain to employ them in all the dirty work of corruption ; but even they will not dare to tamper with that class of persons from whom some will be appointed to decide on a question so dear to every man of principle and intelligences A contest so long anti so arduous as that In which the independent burgesses of Monmouth have been engaged, ha, of course, demanded from them many sacrifices. The demand has been made to a frightful amount; and been met, not merely with fortitude and promptness, but with an alacrity, and a zeal;--a self devo. tion, and a contempt of privation, se ld om i f ever equalled-- it is, to b e up h e ld b y a conscious - it is, to b e v i v i f i e d b y t h e 'inspira tionsnneesysero,fcreecritaiittuildyeereTlihetils. of public virtue ! The independent BUrgesies, and those who wish well to their cause, are not employed as tradesmen, by their wily. and heartiest) opponents, who exert all their in fluence, per fits ettst!fas to deprive them of the custom of the neighbouring gentry. Thus, while their pockets are rifled by vexatious and unprincipled litigation on the one hand, their honest and natural resources are intercepted by foul and exe. crable combinations on the other. There is the eternal and tin. conquerable spirit of freedom iu.their breasts, atul THAT will sustain them ! After having expended 1400/. in defence of their libertiea within the lust twelve maths, in addition to enormous sums previously extorted by the " glorious uncer tainty of the law," they were called upon last week for 7001. more; TWO THIN SUM WAS RAISED AMONGST THEMSELVES IN TWO DAYS! A friend who witnessed the scene, reports, that to see the hardy sons of labour, our country's wealth and boast, come in—their bodies stiffened with toil, and their minds harassed by the merciless and unre. mining aggressions of their oppressors--and throw down their five pounds each (few giving less) 'whilst the higher rank of tradesmen swelled the amount by their tens and twenties, would have melted a heart of stone ! Such men are formed by the hand of Nature as bulwarks to the Constitution. The man who stands tamely by, and witnesses their gigantic efforts in the public cause without stretching forth a hand to help them, deserves the fetter and the gag! We have been favoured with a list of the subscriptions, and we are ashamed to see the Paltry sum of 41, Ns. fld. Opposite to the name of Hereford. We cannot, however, permit ourselves to doubt but that our townsmen and others, whose attention has not:hitherto been properly directed to this important struggle, will yet give solid proofs of their genuine love of IrßEEDo3l,—(l.lereflrrdshire ludepeadent.) HENRY FAUNTLEROY. ARGUMENT BEFORE THE TWELVE JUDGES IN THE GRAND JURY-ROOM AT WESTMINSTER, Nov. 23. TICE KING V. HENRY FAUNTLERQY. The announcement that the Judges would hear this case argued to.day, produced a very full attendance of the bar in the Court of King's Bench, and of strangers in the avenues. Near ly half an hour before the Grand Jury Room was opened, a crowd, principally consisting of Barristers, filled the passage to the door. At length, the Judges having t a ken their seats, the door was opened, and the spac e b e hind th e ta ble soon occu pied' chiefly by gentieMen of the bar. The Counsel for the pro secution and for the prisoner were seated at the table opposite the Judges. As soon as the confusion had subsided, The Lord (Thief J ust i ce A unoTT ca ll e d on Mr. Broderick, who was appointed to argue for the prisoner. Mr. BitoriEnica: then addressed their Lordships; he said, the unfortunate prisoner, Henry Fauntleroy, had been tried and convicted, under the statute of the lid of Ow. 11. cap, 35, for uttering a certain power of attorney. The indictment upon which he was tried contained eleven. counts, three of them charging the offence to be with an intent to defraud the Bank of England. The Jury, however, only returned a verdict of " Guilty of uttering the power of attorney, knowing it to be forged." Before, however, he proceeded to state to their Lord. ships the at.unients which he had to submit to them, lie could not deny, but that lie felt the weight and importance of the task' he had to peribrrn; he had to satisfy their Lordships minds, that the indictment under' which the present unfortunate man had been convicted wa s one which, in point of law, could not be sustained ; and, in answer, he knew it would be as serted that an unfOrtunate man named Wait had been already tried and convicted upon anindictrnent framed in a similar man lier to the present one ; and, after his case had been solemnly argued before the.tßeive Judges, he nevertheless had been exc. cuted. Btitirrthe case of Mr. Wait, the precise point insisted upon was not subinitii.il to their Lordships' consideration. His case was reported in the Ist Bingham, p. 121, and the question was as to the admissibility of the evidence of a witness produced on the trial, the Leartied Counsel fcir the prisoner contending that such a whites* was not a competent witness—the question Its to whether the instrument forged was or was not a deed; being only slightly hinted at. 'But even slightly as it was hinted at, hi several instances, and although it had been successfully op. prised, yet he might say the present question was not fully gone into. There was also another case which had Veen frequently referred to, he meant that of the King v. Lyon, and there the ',resent question arose only incidentally ; that was, an indict ment under the statute 45 Geo. 111. , for forging a letter of ~.attorney to obtain prize money; but tit indictment contained :special counts, directly charging the instrument as a forged letter of attorney, under the particular statute—consequently, the question, whether it was, or was not a deed, and as such within the statute of 2 Geo. H. did not arise. He, however, lamented as much as any man could do, that he . had - to raise the present question after an individual had already suf fered the last sentence of the law under an indictment simi larly framed, but he felt quite sure, from the experience he had already hattiof the venerable and learned personages whom he hid then the honour Of addressing, that he could suc ceed in convincing them that•the present indictment was had in point of law, they would not, because a different decision had been come to on a former case, where the present question had not been fully brought before them, refuse to this unfortu nate prisoner the benefit to which he was by law entitled. He (Mr. Broderick) felt confident that their Lordships would not for one moment think of maintaining the consistency of legal *decisions, at the eXpence of the sacritiee of human life. Their Lordships would forget all that had already been done, and would treat this case as a case of first impression, in rill its im portant bearings. Having said thus much, he thought he might safely say, that it might be admitted, that there was no statute in which any specific mention of uttering a forged power of attorney, had been made by name. The statute only went to say, that uttering forged deeds should be deemed forgery by law ; now in the 2d, 3d, and Bth counts in the indictment upon which . the - pre-sent defendant had been found guilty, the power of attorney . represented to have been forged was termed a deed, and by no other name. If, there fore, he could satisfy their Lordships that a power of 'attorney did not fall within the name and description of a deed, he had a right to call upon them to say that this indictment could not be sustained. if even he could raise a doubt in . their Lordships' minds—if they should even consider the phrase as ambiguous, he should contend th a t th e primmer was entitled to the benefit of their Lordships' doubts i he should therefore .contend, that under the present indictment, no offence had been proved - so as to come within the statute of the 2d Geo. U., as theprisoma had not forged or uttered any instrument which could be brought within the legal description of a deed; and in order to prove this he should have to recur to a regular series of argument.— Now,. he contended, that from the earliest period a wide dis tinction had always been m a d e by th e l aw b etween l etters o f attor ney under seal, and other documents more properly , and legally termed deeds. In Cornyo's Digest a deed was defined to be written instrument, und er h an d and seal, signed, sealed, and delivered, containing a contract: Lord Coke had laid it down as a law that a deed must consist often component parts, that it must be signed, sealed, anti delivered, and that it must con tain a matter of contract. Another Learned Judge had, also said 'that any written instrument, before it could he called a deed, must be written, signed, sealed, and delivered, and must comprehend a contract between party anti patty. This doc trine was also laid down in Conynghant's Law' Dictionary, and also in Wood' s Law Dictionary. Now he (Mr. Brode. rick) would contend, that' wiener of attorney did not contain any matter of contract or grant—it was a mere delegation of a certain power—it neither conveyed any interest nor in. sured any interest, it was always revocable. Now a deed could only be revoked by an instrument of the same weight and solemnity as the deed itself ; but a letter of attorney could be revoked in various ways, and at any time. In order to prove this,-he would beg to refer to an argument of his Learned Friend, Mr. Serjeant l3osanquet, in the case of " The King against Wait."' In his argument in that case the Learn.. ed Serjeant stated that the party granting a power of attorney to any person to transfer stock, might revoke that power by merely attending himself the very next day and transferring that stock in person. The game with a power to receive divi dends ; after the party granting the power had personally up peered himself and acted, the power was always considered as revoked in various ways, and at any time. Having said thus much, he would now refer their Lordships to the ancient phraseology of the law, which made a distinction between deeds , and letters'of attorney. Deeds were universally termed factx or charter, whilst letters of attorney were universally termed &me ; but it must be admitted that letters of . attorney were not the only instruments under seal that rlid not come under die legal demonstration of deeds ; a will, for instance, was under seal, but .no one . would contend for a moment that a will was a deed, although it was'signed, sealed, and.delivered. Mr. JutstiefilLtYLve-- , Btit it has been held over and over again, that kis not necessary that a will should be under seal. Mr. Bawnnicitudmitted that, but yet he still thought the observation bore upon the present question ; however, he would keep to his point, he maintained that a letter of attorney con tained no matter . of contract, and was not obligatory on the party executing ' it t be would then refer to the case of an award ; an arbitrator always made hisiward under seal. Yet an award was not a deed ; 'and in the case of Dodd v. Kirwin, it was de cided, that an award was only a writing under hand and seal. Mr. Justice GAZELEE.--And it has also been decided that it is not necessary that an award should be under seal. Mr. Ilitonnnicx submitted, that nevertheleas, these facts went to show that there was a certain class of instruments recog nised by law under h an d an d seal, t h at did not c o me within the denomination of deeds. Tlse statute of Eliz. c. 14, was the earliest statute which treated the subject of forgery as a crime, and that statute made.a special distinctien between instruments called deeds, And other instruments tinder seal—and two other statutes subsequently passed, expressly treated of two descriptions of instruments, the one 45 deeds, the other as instruments un der seal. In the 35th Henry IV4p. 7, (in the Year Book) a man was .charged with forging two deeds, one being a cer tain feoffinent of land to . one T—, the other being a cer tain writing or muniment to enable C. to enter on the land, and give possession to T.; this latter instrument cane precisely within the nature of a l etter of at t orne y, a nd after judgment which was appealed against, it was held that the indictment was wrong in alleging two deeds, but that it ought to have alleged one deed only, and that the second document ought to have been described, not as a deed,. but as a writing or mini meat. There were several other cases analagous to these cited. The instrument empowers the prisoner to sell stock, and it re. cites " that in case of mydeath, whatever the attorney to whom the. letter is directed may do shall be deemed valid." The Learned Counsel continued to argue, that as the word " cove nant" was not in the clause, it was therefore of non...efikt.-- Though there were several words in the instrument assimilate(' _ ... to the word " covenant," yet they did not apply to the specific meaning of that word. From the various cases which he had cited, he would submit, in the second place, that a deed was not a legal definition of a power of attorney, and in that case the conviction could not be sustained. The audio cities on this head were very numerous. He, however, need hardly tell their Lordships, that the strictest interpretation must be put on the construction of penal statutes. Wh ere th e lif e of a man was concerned, the strictest construction was imperative. According to Blackstone l the crime of horse-stealing was punishable with death, without benefit of' clergy. The same punishment was extended to the crime of sheep-stealing, and other cattle; and though " other" cattle must apply to those specified in other Acts of Parliament, yet so strict was the Le; gislature where man's life was concerned, that the cattle must be specifically set forth. The Act of 2 Geo. 11. cap. 25, upon which the conviction took place, recited that the Legislature found it necessary to provide a more summary punishment than was then , in use for the crime of forgery. Chief Justice BEST—Does the Act of ParliaMent gay— " signed, sealed, and delivered ?" I know that is the form, but is it so specified ? Mr. BRoDERICK—The Act distinctly says—" signed, seal ed, and delivered," and lie therefore submitted that the con• viction could not stand. The preamble of this Act (2 (ieo. IL) referred to the Bth of Geo, 1., for the more exemplary punish ment of forgery. The sections of 31 Geo. 11. cap. 22, re-enact. ed the Bth Geo. I. but did not apply to the direct point at issue for defrauding a corporate body. Lord Chief Justice Annove said, that he bad carefully read the section, and Mr. Broderick would find upon a reference to it again, that it did apply to. the case before their Lordships. Mr. Sergeant BOSANgUET observed,' that the section w a s exactly to the purpose. Mr. BuonErtrug was grateful to the Lord Chief Justice, but he thought that the application of the section did not ma. terially alter the case, or weaken his argument. He would come to the Act of Parliament of 5 George 11. upon which this indictment was founded. After lie recited the Act, he said, it was clear that the Legislature had in view a more exemplary punishment than that previously inflicted by the Act of Bth George 1. _ . Mr. Justice BAILE Y.—There were poweri of attorney signed and sealed which were not delivered—he would like to knovt whether there was any Act relative to the subject which re quired the signing, sealing, and delivering in the case of Bank Stock. Mr. Justice GAZELEE having made a few remarks, 11Ir. BRODERICK proceeded, and said, that the letters of at torney connected with the Bank, and by them recogniied, was the same in form as those in use at present; he was alluding to the Act in the lith Geo: I. It was quite clear from the preamble of the 2d Geo. II.„ which referred to a more exemplary punish ment, that it did not refer to letters of attorney, because at that period it was a capital offeneeto forge theth. He would, therefore, call.their Lordships' attention to the 37th Geo. IL, cap. 78. Several of the Judges thought the Learned Counsel had as good come down to the Act which passed in the 4th year of the present reign. Air. BRODERICK submitted, that in•the Act to which he had referred, there appeared an important omission in the clause to which he had directed their Lordships attention. He would then come to the 4th Geo 111. cap. 15, which re-enacts two of the previous Acts, without recognizing one of them which contained some .severe penal enactments. Beyond the Acts to, which he had alluded, there were others which related ta letters of attorney - 4 for instance, seamen's prize money; these were not considered as deeds,, and the Legislature never viewed them in that light. He would refer their Lord fillips to the recital of an Act which passed in the reign of George 11. relative to forging letters of attorney. Then fol. lowed another Act, the 9th-George 111. cap. 30, sec. 8, which related to uttering only. In the 57th George 111. there was a further Act to consolidate the former Acts. These several Acts had made it capital to forge and utter letters of atter• ney, but it was evident the Legislature had done away all doubt by the 57th Geo. 111., which made it felony to forges seaman's will. He wished it to be understood, that th e drift of his argument was to prove that the Legislature considered letters of attorney and deeds distinct subjects of legislation.... It was not unwor th y of observation, to shew what pains the Legislature had taken to make themselves explicit, and remove • all cause of doubt. The 7th Geo. IL, cap. 25, recites that it does not extend to a forged warrant for the delivery of money or goods—it recites in the preamble, that the 2d Geo. 11., did not extend to a warrant of attorney, and .it was worthy of re mark, that the Act of the 45th Geo. 111., recognised and cons°• lidated them as therein specified. If letters of attorney were intended to have been included, was it likely that the Legis lature would not have specidcally provided for it in some on or other of the Acts of Parliament which had been framed with so much care and attention ? It might be said in answer , that there was no Statute for punishing a person who utters a forged power of attorney by name ; but he would appeal to the hu mane and Learned. Gentleman, who would be heard On the other side, and who would not attempt to over-strain the mean aennaranmwenastsawt i s i t ic a h ke e , xi th st ey ed. ing of the Act, and say that the mischief was not provided for. He. (Mr. Broderick) . contended, that it was provided for by e tlr. put a fair and liberal construction on the Statutes. He should trouble their Lordships no further at presents and he hoped that the arguments he had adduced would be considered, aria that they would be fully borne out by the constructions of the several Statutes to which he had directed their Lordships at., welreiensoutbtmoibtteedbo, tubiltdi'blywnwotird'esi,fl4 ten .lll ° r l . l. Sergeant BosawouET rose Learned Sergeant referred to the o ca lt s a i e w t a iw w t : h t i : c it e a c i" e (3 ;: k t i etpre tb i u o lla e bet t er dinenslisit $ i o ct : ni bai t ; I, c n d f o i . e e t h i his Learned Friend (Mr. B.), which had been given on the subject by ' ca ' d Coke- There was a case mentioned, where a letter ot attorney was sent to a person, and it wa.s held, that that leas sufficient to enable a person to execute a deed; it WAS therefore a deed in itself. A letter of attorney, it was stated in 141i4t 1 ton, was the same in effect as a warrant of add ibY ( t r e i r, The instrument must be something of the nature of eed.. _ .e t reason assigned was, " for a letter does sometimes signify .. deed"—a deed of acquittance is altered to o letter of acquittance! hence, the analogy between both the instruments. Ilis Leametit Friend relied upon a case, hi which an action was bough and the declaration and the writ did not agree. • lie d id i t tr e consider that. the case to which he had alluded, and decision of the Court upon it, was relevant to the present se- In that case the Counsel -wished to have the one Chiefinst hueat made conformable to the other, but the then Lord Justice refused. The Learned Se jeans contended that. tirt; was sufficient to prove that the Legislature and the llenc.lviarean7 considered that a letter of attorney was a deed, or c( I ul pow er, to such . an instrument, because it was a delegata'n 1 eld quantum sufficit, to execute any deed, if such attar T `" :the think proper so to do. Ills Learned Friend hail said th. t vier covenant was extremely loose ; but he contended that the V ev a of attorney was a deed,whether so expressed or not. Ile had It said that a maninight give a covenan t as a release to another per son ; but he never heard of a law that compelled such peraanitl. cpnvey the release to another person. The whole argain e vo f then ase rested on the 2d Geo. 11. cap. t 5, where the cnytt forgery w as MI deed, know orged 1 gr a d y t G to eo s . t°c l k . s e th rien e al w :cili l t io tft i c:bee w ely a tf s hdee r ti : i -e ned. n l: ac oa t f e tili t Bd l e . "th N tvaet t; t w o 1.1 I t i bth a eut t rtinri A egni' ci t : el ; r :B o :ll : l: : : ! stock generally, and it often happened that Pos°,,, n '' ts, ing turnpike or other Acts, inserted . partiee' r " jec the winch pressed more immediately on attention , ft ° , or circumstances of their being present to its familiar to their recollection, without Vee& 'n g -Obi' , names; and the same principle applied to the clatoel f at , Act in question, which defined the forgery of a Peweri of torney. The counts for uttering were those which real y the case. In the year 1796 there were two indictor olta M ama s Henry Weston, for forgery, and in these indictments tots were counts for forgery, and counts for uttering , a nd the s( o estan for uttering defined the power of attorney as a deed. ~ was executed. The next case was thut of the " i'L li !fi rs t Burk," in 1804 ; that intlictenent had four counts; the count was for forgery, the 2nd for utterl, and third nj d tut er oi cu , er w t piiltAh countsn in E ten a to r, etdi forei a f t r defraud defrauding,ut i d ie re the w as a to; case the Mr. Old Bailey, in the year 1787, eight years before 1 1 1,., Moth ia Thompson, upon an atiindictmentehpowernat ofe matter Pringle, consisting of eie t :toner i' w 7 a hl s i Lc chwa wer as e eh r er d o e ar case u t h t roi b fn u gs g w a le tiorn t a r ft i e e e y d r , w w b a e r t h d b e s n re r tn e : : ::::: ( t n ti t ; before the Learned Baron, Mr. Justice Gould, snd 31r'll;ther Grose, and upon cowering the indictment with the records, &e., the conviction was held to be valid. D i g re - Mr. Sergeant Bosaw QuET having made a few conclot marks, which consisted of a reiteration of his forma i a r g n t the 13n ODEUICK addressed the Court, observing diao,3o Learned Counsel had stated himself to have been tak en ',T e l op. from the shortness of the notice that had been giv en ' " cci i by B. might make a similar complaint. The easel. i at' l t t ire die him in the course of his argument having been lan . V . :„" g erinf , Attorney-General, were not unknown to the Learee",,,,,,t have who in reply had sited cases which he (Mr. B. coma had time to consider. , 0 yo ur Mr. Justice BAY LEY.—Then you think it essento u argument that you should have time to reply Mr. BRODERICK—Most certainly, my ii3r.• that 13.'" morrow trulocr adjourned t ill ottilm:lif tomorrow go u : s i t so c n e ho A ew( D hi n u i s o o r gsh t til i s s b ull : 0o t rnuJ reasona ble na). h ol y to• should be granted, but that cannot be beyond an ear tAla in tO Lordship) another _place (alluding to the Report).. Mr. ititODERICK thanked their Lorimar argument, which lasted nearly three hours an waslistened • to with great interest. by the audhen and the Coort . • , ro berir 3 . COURSE OF EXCHANGh, No" I F. 6. If • Amite' dant Ditto, at Sight :, g Rotterdam ........ . i Antwerp ,l 1 1 11 4 1,, Hamburg!' 30 ~ 0 I . ll * Altona ........... .. ik i': iL" Paris,3 Day's sight Ditto .......... . es 4 5 . Bourdeaux, ditto . 7 1 0 10006, Berlin Fraukforton the Main ..... .... . 9 Petersburg!' to !, Vienna lO % . liv , 9 0 • O n Trieste 3 16 0' Madrid Cadiz ' ;51 " • [Blinn' 35 Barc.lana .... •. •. _., eseville Gibraltar ...................... :: .. : ... 31 , 404 Leghorn - ...... . Genoa 44i-11e:tier , Malta Palermo Lisbon Oporto Mo./lentil-0 -Napl e. s.. 1 . 1 . 8 . 1 .. .15 4 10 6:1 .. 0 Bahia Dublin .... 94 - Cork, 91 re' 1-7eIII. OJ' BULLiON. 44 pet 0 0 ' Portugal Gold, i to Coin 1, Foreign Gold. Bars s 17. 0 0. New Doubloons o ******* . 4o f New Dollars ........................:. ` .• 0 of Silver Stamford to Ba re , .................. 0 ---- BIRTHS. itansg atel P P On the 20th inst., at the Albion LibrarYl Saville, ot a daugher. eagen, of f On the 22d inst., t the lady of J. C. Dianrknh isai a son. n fordtth e ere On the 20th inst., at Hampton-lodge, near _ ... ......0" of Fowler Price, Esq., of a daughter, t ile :A ran Y t h h reest a c r n is i ed n r i l ' es aF'l d i iIIARRIED. Geo r g 6 ehati. the 23d inst. at Edmonton chunk, John,„zabeth Re.'.lll:o'intotesfo:ll(les:f:Bac(!-sar'nutegre,hertil-rb_su_i_____oll.dttzilnelergsbia,ndttieo. 311ris.sitrie'noilos DIED. , On Monday last, the 22d inst. at his house, t"' s y-- bury-place, I s lin g t on , S te ph en dolder, b'sq., in *"' „f the Rev. Henry Kaye Bonney, pre of On t he 20th inst., in her 80th Year, bent rs M. 13 " L l e r ocohi, and rector.of King's Clittb, Northamptonshir e . heitil4. at thl Printed and Published tnr the PROPRIETORS, OFFICE, No. 112, Strand, by J. B. CARSTAI