The Sun. — London, England, 1824-02-05 00:00:00

THE LONDON JOURNALS. DAILY Extracts from the Morning Rapers, Feb. 5. [THE TIMES.] The space occupied in our journal by the de bate on,the motion for the Address, left us but little room for comment. The subject of chief 'Anyortance at present is that which relates to our sereign policy, because few other topics have becn.treated at present. The Right Honourable Secretary for Foreign Affairs deprecates the in terference of a third Power in the disputes be -tweeti the colonies of South America and the parent State of Spain ; and in such deprecation we feel disposed to unite. But that law which we prescribe to ourselves, we should exact from others. . An attempt made directly by France to conquer •and appropriate the States of South America, would be the act of bucaniers and pirates. It would be an act much"more atrocious than. the enterprize of Sir Walter Raleigh against the inhabitants of the same regions ; be cause the present race are known to, and in rela tion with, all the civilized States of Europe, to none of 'whom have they given any just cause of offence. But we maintain that the iniquity would not be diminished, but would even be doubled, if thu French should retain pos session of Old Spain, and from thence transport the native troops, in order to subjugate their brethren in the other hemisphere to theßour t)on or Gallic yoke. We trust, therefore, that Go vernment will adhere to the declarations and professed sentiments of one of its members—that no third Power shall interfere in the way of arms between Spain and the states of South America. The quarrel between the mother country and its late possessions must be suspended till the French leave the former.—The legal and other atrocities committed by Austria and the rest of the Holy Allies upon the subjects of dependent and conti guous States, are, it is said, no reason for quarrel ling with the oppressors: but the acknowledged existence of those atrocities is at least a reason for throwing England open to be persecuted of all other States. We hope we shall hear no more of the British Alien Act. indeed, there have been many times when the violation of the neu trality of Switzerland by her tyrannical neigh bours would have roused this country to arms. [BRITISH PR ESS.] Mr. Hume has already commenced his cam paign fur this Session, and opened his reform battery of heavy shot. He gave notice last night of no less than four motions : why not a fifth ? " Deus gaudet impari numero." The first was on the subject of the exportation of machinery and the emigration of artizans, to come on the 12th. The second, on the 19th, on the impress ment of seamen, and for a return of the numbers impressed. The third was a repetition of his motion last year, on the subject of Newfound land. The fourth was on the important subject of Special Juries. The lion. Gentleman moved for a return of the individuals summoned on these paid inquests, by the Sheriff of Middlesex, with their respective qualifications. We are glad his indnsty will be devoted to this import ant subject : it might fall, perhaps, into abler hands; hut he will he aided by the suggestions_ of a Gentleman not far from Charing-cross, who has paid great attention to the investigation.— The abuse is one which calls loudly for reform. These special Jurors are, in fact, fee'd retainers of the Crown ; they derive a regular profit from their attendance ; they go into the jury-box with the glittering bribe from the Crown Solicitor always in prospect, and with all their feelings prejudiced against the defendant. We hope the subject will be brought strongly before the House, and receive the fullest discussion. Mr. Hume, we regret to say, does not appear to be high in favour with those around him this Session. Economy is get ting out of fashion, as the nation is growing rich ; and he wants energy and language to interest at tention as a public speaker. Cocker's Arithmetic is a bad manual of eloquence. We were sorry to see the impatience manifested when he rose the firE.t night of the Session ; the murmur of tongues became general and loud. Fortunately be is not easily dismayed, and has a perseverance that is unconquerable. The truth is, he stands too much alone in his opinions to be popular in the House, and cuts too deep with his reform knife, even for the feelings of the Opposition. He has been, however, most useful; and we should be sorry to see him cease his labours. • [MORNING POST :j The bringing up of the Report of the Address Jest night enabled Mr. Hobhouse to put a few questions to Mr. Secretary Canning, which drew from that distinguished Statesman a fresh expo sition and-assertion of the principle by which his Majesty's Ministers have•been and will be guided in their conduct ; towards the States of South America. it is a principle of strict justice appli ed in a manner equally honourable and politic. They have admitted the .right of a mother coun try to recover her insurgent colonies, if she could, by her. own -strength. They have done even more ; they .have. thought. that it would be un wise,. unjust and ungenerous, when they admit ted the right, not to allow a proper interval to elapse in which it, might be exercised, or an attempt might at least be made to. exercise it. But while thy recognized the right of Spain to regain Possession of her Colonies, they denied that of any ,Foreign Power to interfere in her as sistance. 'Here, then, the question is placed on its true. basis, and All indecision is at an end. If Spain, unassisted in .tnen, money, or vessels, by any other Power, can subdue her emancipated Colonies, we .shall oppose no obstacle, either by a formal and. immediate recognition of their inde pendence, or by more effective means, which it is well known we. possess-.. -But if Spain, far froM being able, , to. recover her trans... Atlantic n inns, cannot even Attempt it, we shall not con sent that, any, Foreign Power should make the attempt for her.. This," the, Right Ilonourabre Secretary Ad knew,, and all Europe k new ; it was. the p,rittciple . upon, vernment would stand, and by which its condUct would be regulated." It is not astonishing, there-1 fore,that our determination being known,as well as ' ourmeans of enforcing it,a great change should have taken place in the intentions of the Continental Sovereigns,and they should have so far displayed a disposition to regulate their policy by our own, as to authorize the Right Hon. Gentleman to in timate in his speech of Tuesday night, that 44 a ct greater boon than our separate recognition, 44 might eventually be offered to the Colonies of 44 Spain." After these declarations and intima tions it is impossible not to consider the question of South American independence as decided, whatever time may be fixed for its formal and general recognition. [MORNING CHRONICLE.] It was stated on Tuesday night, by Mr. Daly, the Seconder of the 'Address, as a fact within his own knowledge, that within the last six months large sums of British Capital had found their way into Ireland, and he hailed that as the com mencement of a great good, it being his opinion, that one British Merchant, employing his capi tal in Ireland, would be of more benefit to it than volumes of laws. He added, however, " that any measures which might be taken, how ever well intended, would be of no essential be nefit to Ireland, so long as care was taken that the people should be divided by means of the very laws by which they were governed." This led Mr. Brougham to anticipate some measure on the part of Government for putting an end to the ascendancy system ; but Mr. Canning and Mr. Peel took care to undeceive him on this point. It has always struck us as a singular hallucination on the part of the conscientious op ponents to the - Claims, of the Catholics in this country, that the very arguments they urge against them are the very arguments which prove the most convincingly the ' advantage of conces sion. The Catholic Religion, say they, has a de grading influence ou those who profess it,—it gives the Priests a mischievous power over the Laity. But allowing all this,—will your disqua lifications counteract that influence or diminish the power of the Priests ?—ls it not a matter of notoriety that religious disqualification al ways unites more closely those who suffer from it, and that no Priests have so much influence as those of a proscribed religion ? The blood of the martyrs is the seed of the Church. The Catholics have been gaining on the Protestants, with respect to numbers, from the very measures adopted with a view to pro duce a contrary result. Were the legal distinc tions removed, the union between Priest and people would be far less close than it is now.— We meet, therefore, the opponents to the eman cipation on their own ground,—and we say true the Catholic religion has an unfavourable influ ence on all who profess it, but that influence is increased, not diminished, by exclusive laws. If you really dislike the religion, you are bound to adopt the means best c alculated to weaken the connexion between Priest and People. A t pre sent there is a wall of separation between the two religions ; break down that wall, and the two parties will gradually assimilate to each other. Religious differences will be less thought of; people will apply themselves more to the arts of acquiring wealth th an to theolo g ical dogmata. The indifference of theProte e star g it ic t al to these matters will insensibly steal on the Ca tholic when persecution is at an end, and wealth flows in on him. It is only on a poor and op pressed population that a P r i esthood h ave any -. great influence. (MORNING. HERALD.] We had no room in our yesterday's paper for comment on his Majesty's Sp eec h , nor on w h a t was said in either House by either party. The Speech itself is 1 siml3-e enough—it says little or nothing. This, however, we think is as a Speech should be made on the opening of Parliament. We think that the King, or his Ministers, would be unwise to produce at Speech of the same na ture and length as is usually made by the Presi dent of the United States. The latter country is in no danger, nor can it come into collision with with powerful neighbouring States, consequently its Chief may say with impunity almost what he pleases. He can act afterwards as he may deem it to be most prudent. England is in a very different situation, and therefore it becomes her Ministers to make very different speeches to be uttered by the King to what are made for a President of the United States to utter. Mr. Brougham lauds the late expose of the President—here we think he is wrong. It is one thing for a President to talk, and another thing to act. Does Mr. Brougham know the fuss there has been made in the United States about Greece ; and would not every one have expected from such talk, that when it came to the point, namely—the question of the eman cipation of the Greeks from the Turkish yoke— such question would be entertained by the United States ? But what did that Government do ? We have only to refer them to the note of Mr. Adams, which appeared in our Paper a day or two since, in reply to an application on the part of a Mr. Luriottis, one of the Greek Depu ties. Jonathan, like John Bull, is a great talker about what he will do for the liberties of man kind, but when it comes to the point, he will comparatively do nothing, should it not be com patible with his interest. In the matter between the Greeks and the Turks, the United States' people will side with the Turks, and why ? The reason is, that interest only determines Jonathan on any question. We know it not for a fact, but we should think it highly probable that Jonathan exports more of his produce to Constantinople alone, than he does to all Greece put together, and we dare to say that he receives a greater value in return from the , city we have named, than from all the Greek Islands put together. How, then, can any one imagine that Jonathan cares one farthing for the Greeks in comParison to what he does for the Turks. Jonathan, like John Bull, loves buy ing and selling and getting a profit by such deal ing, and retiring with a fortune to the country air ;, and whether he buys and sells to a Turk or Christian, to the diCipies of Corfucius or Brama, it matters not to - Jonathan. Every now and then Jonathan's President' finds it convenient to gull the canters, and the speechifyers in the United States about Greek and Black emancipation ; but when it comes to the point, even the canters themselves will not let Jonathan's President go to war. And if he ven tured on war, the canters would not subscribe one farthing to such war. Mr. Brougham may rely on it that the United States' President will do precisely the same thing in the South Ame rican question that he did in the Greek question, should the Spaniards, with the secret aid of the French, succeed in getting back some of the Colonies. [NEW TIMES.] It cannot but be satisfactory to the reflecting part of the public to see the South American question put upon such fair and clear grounds as those stated in the speeches of Lord Liverpool and Mr. Canning. The principles laid down by those two eminent persons are precisely such as might have been calculated upon by all those who have attended to the remarkable consistency which has characterized the general course of English politics for the last forty years. It might have been thought not unnatural that when the Spanish Colonies began to agitate the question of their independence, we should have remembered the manner in which Spain had in terfered in the dispute between us and our Co lonies, and should have rejoiced to make her feel, that _ Even handed justice Commends the ingredients of the poison'd chalice To her own lips. —lt is now well known that the interference both of France and Spain was owing to the base and treacherous policy of M. De Vergennes, who, to gratify his hatred of England, unconsciously plunged his own country into the fatal abyss of revolution. Awful was the ultimate retribution of this wickedness ; but at the time of the French Cabinet blindly exulted in the success of their intrigues. In the Manifesto of 1779, they call ed the revolt of the British Colonies a " bril liant event"—said that the Americans had taken up arms to preserve their rights their pri vileges, and their liberty," and that their de. cla,ration of independence was the ‘' necessary result" of the treatment they had received from England. Spain acted with equal duplicity. Secretly guid e d by French influence, she osten sibly proposed her mediation, insisting that dur ing the negociation the Colonies should be con sidered independent in acting ; and because this perfidious mediation was rejected by Great Britain, Spain affected to treat the rejection as an insult, and as justifying her in supportin g the British Colonies by force of arms. THE SLAVE TRADE AT TUNIS. [EXTRACT •F A PRI TATE LETTER.] " PORTSMOUTH, FEB. 3.—This afternoon arrived his Ma jesty's ship Medina, of 26 guns, Capt. Hay, with dispatches from Tunis, relative to the interference on the part of our having for in the Mediterranean with the Bey of Tunis, for its object the release of certain Greek and other Christian captives, which the Bey has thought fit to capture and put into slavery. We understand Capt. G. W. Hamilton, C.B. of the Cambrian frigate, a very spirited correct officer (who had shown much talent and propriety of conduct at Smyrna, &c.), was charged with the remonstrances of our Commander-in-Chief in the Mediterranean on the subject ; having the Euryalus frigate, Capt. Clifford, C. 8., and the Medina, Capt. Hay, under or ders. • Capt. Hay got pratique immediately, and at five o'clock this afternoon he set off for the Ad m iralty, with th e dispatches with which he is charged. The M e dina left T un i s o n the 4th, a nd Gibraltar on the 7th tilt. " Passed through Spithead the Menai, 26, Capt. H. Stewart, for Halifax. " Seven o'Clock.—We have just had a communication with the Medina. We have obtained the following information : cc The squadron made such an imposing appearance, that negotiation was but short, as the Bey soon found it neces s ary to-give u p th e Greeks. The Cant Hamilton was instructed Cambrian, .Euryalus, Medusa, Tile s hip s th a t we nt wer e the not to parley on the subject. Rose, Despatch, and Asia." SPORTING INTELLIGENCE. Anticipating a Check, and maki ng a judicious Cast, (when Casting is necessary,) is the most useful knowledge in Fox- Hunting. At a time when all the world run mad about Fox-Hunting, presentd havea is y learnediarr hard-riding _ r i t d o i i e ig n j , o a y n i d t at night when over the convivial board, their only pleasure seems I a amt i o n surprised : the that fashion so few of e Gentlemen to be in relating the exploits or disasters of their own, or their friends horses, not a word about the best or the worst hound in the pack; pr any idea ever started to ascertain whether by system, or by accident, they had contrived to carry a scent twenty miles over a country to kill a fox ; and how so great an event has been achieved , few modern Sportsmen can with any degree of accuracy relate. Many years ago, I recollect a gentleman who kept ten horses in Leicestershire, and who had been riding near me often in a very fine run, in which two of the most interesting and beauti ful things happened tha t eve r I remember to have seen ! and to whom I remarked them, when the run was over—" Good God, Sir," said he, " 1 saw nothing of it." This was a hard rider, who, from his own account, saw nothing while riding his horse as hard as he could go, and as near the tail of the hounds as he could possibly get, and how should het for a man behind the hounds cannot be a judge of what is going on in front, and is the first person (by pressing upon them) to bring them to a check. A good Sportsman will, as often as possible, ride parallel with the pack, not after them, unless by short turns he is obliged to do otherwise; by which means he can see every thing that is going on, and anticipate the probable cause of hounds coming to a fault; and 1 believe a good Huntsman, and a minute ob server, will twice out of three times, discover the object in the line of hounds that caused it, and as soon as he suspects it, pull up his horse.—For instance a church, a village, a farm house, team at pl oug h, men at work, sheep, and above all, cattle, are the things most likely to impede the scent, (be it re membered, that the breath of one cow will distract hounds more than an hundred sheep,) when any of these objects pre sent themselves in the face of hounds, you may then anticipate a stop, and by pulling up your horse, and observing which way the pack inclined before the check, you will be able (without casting) to hold them to the right or left accordingly. If casting is necessary, you should be directed by the pace, or degree of scent which you brought to the spot where the hounds threw up : if you came quick, and your hounds are not blown, (be sure to attend to that) you may make a quick cast in the direction which the hounds were inclining, by forming a small circle first, and a larger eircle afterwards, if you are not successful—gut if the hounds are blown, you should invariably cast them very quietly, and hold them back, for when hounds have run a long way hard, they loose their noses for want of wind, and run beyond the scent, especially if there is water in their view. In a fair Country, and hounds in condition, it is my opinion that if the above observations could be carried into effect, few foxes would escape : patience is the best performer in the chase : all hounds in these times are well enough bred, and all hounds have power enough (if judiciously directed) to kill their fox. A SENIOR SPORTSMAN. Pershars, Jan. 1824. The trial of BROCHETTI, in the Court of As sizes, terminated on the 31st of Jan. The Jury, after two hours' delikieration, found BROCHETTI guilty of the attempt to mur der M. IsAcuAttus,. but not guilty of having premeditated it, and acquitted him.on the charge of attempting to murder the woman. He was condemned to be imprisoned, and kept to hard labour for his life, to stand in the pillory, and to be brand ed with the letters," T. P." BROCHETTI heard his sentence with great unconcern. It is a curious fact, that the Emperor of Brazils, Dox PEDitothe First, _is a good 'turner and goldsmith; and besides is a proficient in several other mechanical arts,: Several elegant snutr-boxes are in Europe made - by him, as well as a golden key used by the Chamberlainsin attendance on the King. FOR THE SUN. PATRIOTISM. Mr. EDITOR—In all ages, and among all na tions, patriotism has been ever considered as the greatest of political virtues. It was admired by the rude and barbarous hordes of Germany, no less than it was reverenced by the more civilized and accomplished people of Greece and of Rome. Indeed, though all nations held it in the greatest estimation, we still find that the Most generous paid the highest honours to the eminent men who, actuated solely by the noble principles of patriotism, made the welfare and honour of their country the primary object of their attention ; and devoted the whole of their abilities to the service of their fellow-citizens. The estimation in which such men were held is fully exemplified in the praises bestowed upon them by contem porary writers, and by the methods employed to transmit their noble deeds to the latest posterity. Nor can this be a matter of astonishment, if we reflect upon the merit due to men who generously sacrifice their own individual ease, and the en joyments of pleasure, to at tend upon public af fairs, and to secure the happiness and prosperity of mankind. This due sense of the sacrifices which a true patriot makes of his own personal comforts at the shrine of his country, is not, however, the only reason why patriots have been ever an object of respect and of admiration. A moment's reflection upon patriotism will convince us that this virtue can exist only in great minds, and that none but men of the most powerful understandings can at tain to so great a degree of elevation. A narrow mind is necessarily confined within the area of a circle suited to its own limited capacity, beyond the sphere of which it cannot possibly expand. It may study its own interest : it may even ex tend its cares, to promote the advantages of many ; but it is wholly incapable of feeling that laudable ambition which awakens the latent powers of the mind, and impels it to exert itself for the good of society at large. Many men may feel desirous of benefiting their relatives, and other friends, but few, and therefore highly re ppertain only generous a ; and spectable, are those w ho can r egard every fellow. citizen as a relative , and the whole human race hese feelings en title those who may p ossess thes e eminent quali tiesas t o their minds friends. elevat ed noble, to the love of their contemporaries, and to the respect and admiration of succeeding ages. To the disgrace of human nature be it said, that in all age s the most eminent patriots have fre quently experienced only the basest ingratitude from their blinded fellow-citizens : but of so disin terested a nature is patriotism, that not even this reflection could deter men from pursuing a path which had so frequently led to destruction. Nor must it be imagined that they hoped to avoid the fate of their predecessors in this dangerous, yet honourable career. No, they knew well enough the dangers that surrounded them ; they were well aware that their contemporaries might be blind and ungrateful ; but these reflections could not daunt their stout hearts, and thus fearlessly ex posed their own lives, to procure the prosperity of their native land ; and to obtain the admira tion of posterity. The ingratitude with which the Romans, but more especially the Athenians, treated some of their most eminent patriots, affords a matter of much surprize, whilst it casts a foul stain upon the memory of both these otherwise celebrated people. This evil, for such it may be consider ed, had its principle in the very nature of their respective constitutions. Devotedly fond of their country, but still more attached to their liberty, they admired the patriot whose deeds cast a lustre upon the former, whilst they dreaded the virtues which might endanger the existence of the latter. In a government essentially po ular, , and among a people alive to the charms of p ora tory, and to the splendour of military atchiev ments, orators, and successful commanders, could and often did, exercise a considerable influence upon the public mind. And, indeed, so consi derable has this influence sometimes been, that the existing form of government was virtually subverted, and the republic became an empty name, whilst the most absolute authority was exercised by some successful demagogue. The annals of Greece, and of Rome, afford many ex amples of this occasional subversion of the Re. publican Government; and their examples will sufficiently explain the principles upon which the Greeks and the Romans frequently acted, in regard to some of their most virtuous citizens. They admired, and dearly estimated, the pa triotism of their leading men, but they dreaded the influence which was an almost necessary consequence of their virtues, and sacrificed them at the shrine of liberty. But no sooner were their jealous apprehensions quieted than they hastened to honour the memory of men for whom they felt no less veneration than fear. Free and pure patriotism can be found only under a popular form of Government, because then only has the citizen no other incentive so action, save the honour and glory of his country. It is for his country that he acts, it is from his country alone that he looks for recompence. In a Monarchy the case is widely different. There are no doubt men of a noble mind that seek the benefit of their country, and labour to obtain its approbation : but it is more or less to the Monarch that they look for reward. It is no longer the laurel crown, nor the glorious, but momentary triumph, that form the object of their ambition, and that stimulate them to action ; it is honorary title and distinction bestowed upon them, but which they can transmit to their posterity, and which raises them not only above the rest of their fellow-citizens, but even above those of an equal condition in life. Hence , patriotism has unavoid ably degenerated : and it is a melancholy truth that the patriotism of modern times is too often only a delusive, mask, worn to conceal party spirit, or self-interest. A. P. TAW INTELLIGENCE. COURT OF CHANCERY, FEB. 4. STOLEN MARRIAGE.—( Further Account.) Mr. HART.—Your Lordship may remember that I applied to you before the last vacation, for an order to a clergyman is Wales, and others to appear before the Court, that they may ac count for contempt of Court and breach of a previous order of the Court, inhibiting the solemnization of marriage and inter course of a certain party with the ward in question. The facts were these, my Lord :—The infant is a young lady, whose mind certainly appears to have outgrown her person ; her mental maturity seems to be quite premature. She was doily. , ciled in a respectable familrof the name of Byers, for the pur- , pose of receiving a proper education. She arrived at her 14th year; a beneficed clergyman, Mr. John James, lived in the neighbourhood ; his daughter frequented the same school ; his younger brother, Mr. James James, visited there, became acquainted with the ward, and after some time they thought proper to elope, and get married by a Welch clergyman, Mr. Evans. It appeared that the Rev Mr. John James had lent his horse to his younger brother on the occasion of his elop ment. My instructions on my former application were, that he and the Welch clergyman had knowingly and willingly con spired and assisted in bringing about the marriage. lam happy now, my Lord, to say that neither of the gentlemen have acted culpable or improperly. Mr John James has made art affidavit, in which he swears that he certainly did Lend his horse to his brother on that occasion, but without knowledge of the use to which it was to be applied—that he was previously in the habit of assisting his younger brother with money and other matters—that he met the parties on their way, remonstrated with them on the impropriety of their conduct, and requested the young lady to return to her school. She, .however, with a per emptoriness not, I hope, very common among young ladies of her age, declared her positive determination to'proc,eed on her" hopeful journey. I have also an affidavit of Mr. John James's` daughter, her school-fellow, who left it with the parties ; but, as she swears, without a knowledge of their intention of eloping. They met her father on the road, who took her away from them,; and after that period she had no communication with them whatever. The Rev. Mr. Evans swears that the young lady was represented to him as of the age of 18 years; that they requested' him to publish the bans of their marriage; that he did publish the bans of marriage on three several times, with the usual pub lic ceremonies, and joined the parties in marriage according to the established regular rites of the church. The witnesses to" the marriage also stated, that they had no previous knowledge or concerted connexion with the parties ; one was the clerk, and the others, persons who happened through accident, to be in the church at the moment of solemnization. Under these circum. stances I am happy to remove unmerited inculpation from the parties to whom I alluded. The husband, in order to escape the power of the Court, left the kingdom and went to France,, where he now is : the wife is at present domiciled with het guardian. My present application to your Lordship is for re. ference to the Master, to ascertain what sum is sufficient for the separate maintenance of the lady. This sum is to be paid out of 12,000 L, her property, n ow lyi ng i n t h e hands of the, Court. The LORD CHANCELLOR.—Was not the ward's mother present, and consenting to the marriage ? Mr. HART.—My Lord, no; she has no legal mother: this ward is illegitimate. The Lair) CHANCELLOR.—I have no objection to grant her a separate maintenance, but in such a manner that her hus band shall have no controul over it. Mr. HART.—I have also to apply for an order to the hut.. band to appear before your Lordship on a certain day. He U at present out of the kingdom, through the notion, that by re maining out of the jurisdiction of the Court until his wife shall be 21 years old, he may, after that time,. return, secure &ors any punishment for his contempt of Court. This is a groat mistake : however long he may remain away, whenever lig comes back he will be liable to any punishment which the Court may think just to inflict on him : it is better he should ram* as soon as convenient, and try whether, by making a propr settlement on his wife, he can appease the justice of the Cowl. The LORD CHANCELLOR.— ' rake an order for his appe*- ance on the second day of next term. COURT OF KING'S BENCH, FEB. 4. AMBROGETTI V. WATERS. The COMMON SELM AN T moved for a rule to abew calla why an attorney of the Court should not pay back to Ambit,— gettt, one of the dancers at the Opera, a sum of money whit had been received for the purpose of proceeding against IVr• Waters to outlawry, but which had not been applied to tilt purpose. It was stated that Ambrogetti, upon inquiry, foqd that the Attorney had done no more for his money than merdy filing an affidavit.—The Court granted a rule to shew cause. Dir. SCARLETT moved for a Mandamus to compel th e MA. gistrates of Durham to hear the appeal of a gentleman named Pemberton, which they had rejected. The application arose our of proceedings under an act of the 49th of the late King, for repairin g the harbour of S un d e rland. —Rule to shew mac granted. COURT OF COMMON PLEAS, FEB. 4. HOLMES V. MERTON. This was a m o ti on for a rule to discharge the defendant Kit of custody, on the ground th a t th e su it h a d a b ate d by the death of the original plaintiff. It appeared from the affidavits, that the plaintiff having commenced an action against the defendant, have been obliged by him to carry the cause down for trial te the Assizes, where he obtained a verdict. After the trial the defendant gave the plaintiff notice that be intended to apply to , the Insolvent Debtors' Court for his discharge under the Act; but the plaintiff dying in some time after, the present motion , was made on the grounds above stated. Lord Chief Justice GurronD said, that it had formerly been the practice of the Courts of King's Bench and Common. Pleas to discharge piisonera, unless the plaintiff followed up his proceedings regularly, although the defendant had gives) notice that he should take the benefit of the Insolvent Act..-- But that practice was altered in both Courts by a rule of Michaelmas Term, 1. Geo. IV., by which rule the plaintiff wins not obliged to proceed after receiving such a notice. With re spect to the argument that in the present case the suit had abated by the death of the plaintiff, it was not well founded; for the pre sent plaintiffs had not suffered the suit to abate, they having sued out letters of administration to the original plaintiff's estate, and thereby placed themselves in his situation. As, therefore, he would not have been bound to incur further unnecessary ex pence, neither were they ; and, upon the whole, his Lordship was of opinion that the rule which he had before referred to ap plied to the present case; and that the motion ought therefore to be refused. The other Learned Judges having concurred in this opinion, the motion was refused. PREROGATIVE COURT, FEB. 4. DOKER V. GOFF. In this case, John Goff, a peace-officer, belonging to the office in the Borough of Southwark, had made a will, dated October 28, 1821, by which he had left the whole of his pro perty to Elizabeth S. Doker (a woman with whom he cohabited, both in England and Amsterdam.) It appeared that he had gone to the latter place on account of an arrest with which he was threatened. He had a wife and family, whom he has utterly excluded from his will ; and a great deal of evfdence'has beers obtained, in their behalf, with a view of invalidating the paper set up. Sir . .; OHS Ntc nom,. said, that however inofficious the paper might be in its dispositions, however immoral the motives that dictated it, and however repugnant it might be to the feelings; of the Court to pronounce for a testament made under such cir cumstances; still, if in point of law and of fact this was the true act of the deceased at the time it purported to have been made, and if no act of his had since revoked it. the Court was under the necessity of pronouncing for it. Upon the whole view of the case, the Court, both in point of law, and upon its own conviction, was bound to pronounce, although reluctantly, for the paper propounded. ROBSON, FORMERLY PATTLE, AND WAKEFIELD, AGAINST ROCHE AND OTHERS. This great testamentary cause, involving property to a vast amount both in England and in China, was partially openea to-day. The reading of the evidence alone will occupy th.• Court a day or two. COAL-MARKET, FEB. 4. Ships at Market. Ships sold 55 Newcastle - - 0 - Od to --3 7 Sunderland - - 0 - to — 2 Od - BI RTHS: At Castlecraig, Scotland, on the 26th ult., the Right Hon• Lady Napier, of a daughter. On the 2d instant, at Dulwich-common, Mrs. Baugh Allah of a son. MARRIED. At Hillside, Leith Walk, on the . 29th ult., J. s. c o mbel Esq. M.D. Fellow of the Royal College of Surgeons, to Anne, daughter of the late John Thomson, Esq. Leith. DIED. On the 2d instant, at Shrubs-hill, Lyndhurst, the Reverend Henry Longden, Rector of Roc bourne, Hants, and,of Whits' bury, Wilts, and one of his Majesty's Justices of the Peace for the counties of Hants and Wilts. ()n the 4th instant, at the house of his fathgr.in-laws Matthew Kemp, Esq., Swinton-street; Mr. : Abraham Wilsons of Streatham-common. C P E u , b l ll l s 2 h , ed str f a o n r d ti : b e y P J R .I. I i e..Z E T g at ' ii tt s. the "24.