The Sun. — London, England, 1827-02-08 00:00:00

larity of the Revolution itself, or the wisdom of the mea sures taken in Portugal for its suppression ? A decided negative may be given to the first of these questions ; for it has been too evident that no ardent attachment to the new Constitution had been manifested by the peopl e of Portugal generally, and that throughout the provinces in particular, a feeling in favour of the Royalist cause (as it was styled) had been shown to exist. To the second enquiry we may give the Same reply. The Executive Government acted without energy, and its measures, were neither calculated to i i produce, nor did they lead to, any successful resist ance of the Revolution and the Rebel Army until—a small army of British soldiers landed on Portuguese ground : The spell was instantly broken, and the magic influence of England triumphed in a moment. No sooner had intelligence of the arrival of the British forces reached the troops of the contending parties, than confidence of success flushed the hitherto retreating army of the Constitutionalists, and dismay and dis comfiture overtook the, till then, victorious Rebels.— The mere report of a few English soldiers being on the advance, accomplished that which Count de VILLA FLOR, with all his means, would never have been able to do ; and the Army, and the cause of the Revolu tion, sunk at once together. Great Britain, faithful to treaties, and supporting the cause of rational liberty, thus put an end by the Talisman of her name, to the troubles which agitated the kingdom of her Ally ; and its magic influence seems scarcely to have been less predominant in Spain itself, when it was known that the British Army, however small in number, had actually again landed in the Peninsula. The Councils of FERDINAND, for a time, hesitated, and even secretly connived at that which had previously been openly sanctioned ; but soon the furious zeal and the wicked designs of his Government, were overcome by the dread of the vengeance of Great Britain. But after the experience which we have had of the duplicity of FERDINAND, will our Government be satisfied. with the reluctant expressions of altered purpose which have been wrung from this ill-advised MONARCH? Will they not require for our Ally reparation for the past and security for the future ? We answer that they will. Portugal and Great Britain as her ally, cannot be subject to the re currence of conduct on the part of Spain which may revive rebellion in Portugal and endanger her institu tions. Such pledges must be made, and such security given for their performance as will put beyond all doubt the possibility of a future interference on the part of Spain with the affairs of her neighbour. The successful termination of the campaign in Portugal will enable her Government and that of Great Britain to demand and insist upon the most unqualified con ditions for her future security. The last number of Blacktvood's Magazine con tains a very excellent article upon the present and past State of Persia—a portion of which, more immediately relating to England, was given in our Paper of yes terday, but we recommend the perusal of the whole to those who wish for information upon a subject of such present interest and prospective importance. It will be seen that from the time of PETER, surnamed 'the G REAT, Russia has aimed, at extended empire on the frontiers of Persia, and that the unifo r m policy of her Government has been first to encroach—then to quarrel—and finally to appropriate. Even the ocean has not been exempt from the covet ous grasp of her gloomy dominion, for it was only the other day that she laid claim to the exclusive navigation of one half the seas boundine. her Asiatic coasts. But the wish, however, accordant with her presumptuous policy, was too gigantic to be realised ---and the remonstrance of one State, added to the indignant threats of another, soon made her re linquish her ambitious speculation. Yet Russia, though checked in one quarter, turns like the free booter to take a double portion in another, and her rapacity is only bounded by the appropriation of all,where she meditated but the acquisition of a part. The decease of one ambitious Sovereign makes no change in her do • mineering policy, which, like the daring instinct of Young eagles, is transmitted from generation to genera tion, till each succeeding Autocrat, from the proud elevation of his power, becomes still more aspiring than his predecessor. Thus it has been with Russia—and how truly she pursues the same line of policy, let the present insidious aggression upon Persia testify. And yet the Emperor NICHOLA S has published a manifesto to the world, accusing Persia of making the first hostile invasion ! Now this is just as reasonable as if the lamb should • invade the precincts of the wolf with any chanc e of subduing the rapacious propensi ties of its dangerous neighbour. But the thing is too absurd for ob se rvation. The manifestoes of nations are only to be credited when they accord -with the avo wed policy and natural interests of those States,— and it is clear that, wh atever Russia may say to the con trary, she has an eagle eye upon her Persian neighbour, whose political existence depend s not on the forbear ance of the Czar, but upon the consequences resulting from an enterprise which might involve him in war with a nation more able to c h astise his p resumpt i on. Russia first transgressed the bounds of Persia, an d fomenting quarr e l s o f ambition kept h er i n c ivil war by amoe g her Princes, naturally jealous of each other. She then improved upon this plan by taking ad vantage of whatever circumstances appeared favourable to her constant purpose of aggrandisement —first seizing upon the territory in trust, and then retaining it, because in possession. The present quarrel with Persia, illustrates this principle most unequivocally, and Russia knows it, but endeavours to hoodwink other governments by protestations as untrue as her policy is insidi ous. If she can- but appropriate Persia, how easy the passage to India, and little invitation is neces sary where the heart is already set. Let Russia but con solidate her conquests abroad, and she will look nearer home ; but, indeed, we have seen, and almost felt, the exercise of. her Gothic influence upon the freedom of the Press—witness Switzerland, Germany, and even en lightened France, which is now warring with the Jesuits, after her emancipation from the freezing genius of the North. England has but one course to pursue—can dour in telling her opinion of the real state of the question, and promptitude in acting up to the very spirit of her intentions. Russia has seen what this country can accomplish when her vengeance is roused—and it were not amiss to remind the Emperor NICHOLAS, that our power, though slumbering, is not impaired ; nor our sense of national honour, though enduring, the less sensitive to injustice whether committed at home or abroad. Our City Correspondent informs us that private letters from Paris state that the British claims on Spain have been adjusted. FERDINAND, it is said, has signed an agreement, granting three millions of perpetual Rentes at 90, bearing an interest of 5 per cent. These Rentes are to be negotiated in London. Accounts from the frontiers of Spain state that a French Corps is immediately to occupy the North of Spain, on the left of the Ebro, by the desire of FERDINAND, in consequence of the revo lutionary spirit lately manifested among the troops, particularly in the Cordon on the frontiers of Portugal. It is said Madrid re mains quiet, but that accounts were daily received from the Provinces of a very unfavourable description, and it was even feared that Badajos would become another Isle de Leon as a refuge to insurrectionists. THE FUNDS-(THIS DAY). CITY, Twelve o' Clock. Consols closed yesterday at 81 for account, and opened this morning at 80-1 1 ; they have since gradually risen to 814 with a still market; the premium upon India Bonds and Exchequer Bills maintains its ground, the former being at 52 4, and the latter at 30 1 pm. Money is plentiful in the city, but there are numerous persons waiting the meeting of Parliament this day, calculating that some information on the subject of our political relations may be given by Ministers; which may serve as a guide for future operations. The Foreign Funds remain inactise, with but little business ; Colombian Bonds are 364 74 ; and Mexican 6 per Cent., 66 4 ; Peruvian, 32 4 ; Greek, 154 164 ; Russian are a shade lower, being 88 4; and Spanish, 124 Shares are scarcely noticed; the Tlalpuxahua Mining speculations are quoted lower, notwithstanding the favourable reports circulated at their last meeting ; they are now 40 50 pm. A meeting of the pro prietors of the Brazil Mines will take place to-day ;itisto be re gretted that some difference exists among the members, and as the success of any speculation is certain to be injured by its continu ance, it is to be hoped the parties will recollect that unanimity will be their best policy. Three per Cent. Consols, 814 ; Ditto for account, 814 s ; India Bonds, 52 4 pm. ; Exchequer Bills, 30 1 pm. FOREIGN FUNDS.-Brazilian, 614 24 ; Buenos Ayres, 52 4 ; Chilian, 36 8 ; Colombian, 1824, 364 74 ; Danish, 60 4 ; Mexican, 5 per Cent., 54 5 ; Ditto 6 per Cent., 66 4 ; Portu guese, 754 6 ; Peruvian, 32 4; Greek, 154 164; Russian, 88 4 ; Spanish, 121 MlNEs.—Anglo Mexican, 321 274 dis. ; United Mexican, 10 9 dis. ; Real del Monte, 90 100 pm. ; Tlalpuxahua, 40 50 pin. ; Bolivar, 1 2 pm. ; Brazilian, 1 2- pm. ; Colombian, 17 18 per Share ; Potosi, 34 6 per Share. Two o Clock. Consols have been very steady for the two last hours at Silt with scarcely any business. A renewal of the rumour of the Bank discounting at 4 per Cent. has been current in the City all the day. No alteration in the premium of India Bonds or Exchequer Bills. Colombian Bonds are rather higher, and are 37.1 41; Mexican are a shade better, 66i4 ; Russian have advanced, nearly I per Cent. and are rated 88i 9 ; Danish 60+ i. THREE O' CL 0 CK. Consols, 81i s. FOUR o'CLOCK—CLOSING PRICE. Consols Sli Danish Bonds 60i Do. for Ac. 81:1- Greek Do. 1825 16 Brazilian Bonds Mexican Do. 1825, 66i Buenos Ayres Do. 52 Peruvian Do. Chilian Do. Russian Do. 89 Columbian, 1824, KJ,- Spanish Do. 12k SHIPPING INTELLIGENCE-(THIS DAY). FROM LLOYD'S. DEAL, Frs. '7.—A transport brig (A. K.) came down anil sailed. PORTSMOUTH, FEB. 7.—The Indian transport came into the harbour to be paid off. PLYMOUTH, FEB. 6.—Arrived, the Andes, King, from Rio Ja neiro in 67 days. DOVER, FEB. 7.—Arrived off here, the Amphitrite transport, with troops, and having landed her pilot, proceeded to the West ward. HARWICH, FEB. 7.—The Commerce, Crow, from London to Berwick, was on shore on the Cork Sand yesterday, but got off with assistance, and came in here leaky ; she must discharge to re pair. The Adelgunde, Lappenherg, from St. Thomas's to Bre men, put back on account of the ice; on the 4th inst spoke the O}denburgh brig Harmony, Rube, Master, from London to Bre men ; also a brig, name unknown, Capt. Ruyter, from Allneen. GRAVESEND, FEE. 7.—Arrived, the Mary, King, from Ja maica;. Scalesby Castle, Newall, from China; Concord, Leith, from Buenos Ayres ; Paget, King, from Constantinople ; anti Fanny, Taylor, from St. Michael's. The Nottingham, from Ja maica, ran on board the Inglis East Indiaman, broke her jib boom, did other damage, and remains here. Sailed, the Nep tune, Clyhens, for Malaga ; and the Prince of Wales, James, for Ostend: . _ _ COWES, FEB. 7.—The Cape packet, Kellie, from Van Die men's Land, has re-shipped that part of the cargo wEch was dis charged, and will proceed when the wind is favourable. Rams, FEB. s.—The Christophe Colomb, Massino, from Chagres to St. Thomas, was wrecked on leaving the former port. Crew saved. BAYONNE, JAN. 30.—The St. Etienne, of Bordeaux, Turenne, was abandoned on the 22d inst. in lat. 44. long. 2., being water logged. Crew saved by the Juno, Hall, arrived here from Bordeaux. DEATH OF THE BISHOP OF LINCOLN. It is with much regret that we announce the death of the Hon. and Right Rev. Dr. George Pelham, Lord Bishop of Lincoln. His Lordship's death was occasioned by a severe cold, caught in attending the funeral of the late Duke of York. Dr. Pelham was youngest brother of the late, and uncle to the present, Earl of Chichester. He was born on the 13th October, 1766, and married in 1792, Mary, daughter of Sir Richd. Rycroft. He was consecrated Bishop of Bristol in 1803, translated to Exeter in 1807, and on Dr. Tomline being moved to the see of Winchester in 1800, his Lordship was translated to the Bishopric of Lincoln. His Lordship was also Clerk of the Closet to the King, and a Canon Itesidentiary of Chichester. THE MARKETS -(THIS DAY). HAY MARKETS.—(At per Load of 36 Trusses.) ST. JAMES'S. Lowland Meadow Hay.£3 10 to 4 10 Clover Hay £4 10 to 6 6 Upland Ditto Rye-grass Hay New Meadow Hay 4 5 5 5 A limited supply, and a briakis trade; prices as on Tuesday. Lowland Meadow HayX3 sto 4 SMITHFIEL 5 Clover Hay generally £4 4to 5 10 Upland Ditto Rye-grass Hay New Meadow Hay .... 315 415 Wheat Ditto Meadow Hay, in most instances, 55., Clover Hay from 45. to 55. per load lower than last quoted ; prices of Straw stationary. Supply good, and trade dull. • LAW INTELLIGENCE-(THIS DAY). COURT OF CHANCERY. LYCEUM FOREIGN WINE COMPANY. HAMMOND V. ROSS-EXPARTE INJUNCTION. Mr. HORNE said he had to move for an exparte injunction against the defendant, under peculiarly strong circumstances. The defendant, George Ross, had represented himself under the great and important character of the Lyceum Foreign Wine Company, Strand, previous to his connection with the plain tiff, though he had now dwindled into an individual. In March 1826, he represented to the world, that this Company was carrying on an extensive, prosperous, and flourishing trade, and that the Company wished' to have a partner; that advertise ment caught the plaintiff, who was a gentleman residing at Wal thamstow. On the plaintiff's applying to the Company, he was informed by the defendant, that he was the person who carried it on ; that he was the lessee of the premises; that the business was an extremely beneficial one; that the property in his hands, amounted to about 4,000/. ; that he did not owe more than 8001. or 9001. ; and, that lie would take the plaintiff into partnership with him, to have a moiety of the profits, upon his paying into the concern 1,500/. The plaintiff was " bit," and paid the money. Articles of partnership were' drawn up. soon afterwards, the defendant naturally anxious to make himself appear a very respectable man in the eyes of the plaintiff, pre sented to his view certain bills of exchange, apparently drawn by persons at Demarara,having a great many foreign names upon them, and accepted by some persons here, payable at the counting-house of Hoare and Co. These bills glittered in the eyes of the plaintiff, particularly, as they were not, as is usual, written in manu script, but every part of them printed, except such parts as stated the terms. However, by certain arts having been practised on the plaintiff by the defendant, the plaintiff began to feel his eyes opening, and after he had heard it reported, that a very re spectable wine house in the city had not entertained so high an opinion of those bills as the plaintiff had at first done, but had refused to take them on the ground of their having been altogether fictitious, he applied to the defendant for an explanation on the subject, and after a good deal of conversation and cross-examination thedefendant was bound to cenfess,th at the bills werew holly fictitious, and that an important firm of Browne and Co., Lombard-street, who had accepted some of these bills, was constituted of an indi vidual of the name of Browne, in the servile of Ross, at ten shillings a week. After this discovery had been made, the plaintiff, of course, was anxious to get out of the trap as quickly as possible,—and, after considerable difficulty, the defendant consented to the dissolution of the partnership, which agreement was reduced into writing in October last. The plaintiff was to have bills of the defendant's payable at certain dates, none of which were yet payable, to the amount of 1,0001., for his share of the property left in the concern. The defendant had the art (as the Learned Counsel stated) to induce the plaintiff unhap pily to leave the defendant in possession of the partnership property, but he was to apply that property to the discharge of the partner ship demands, and was therefore bound, in equity, to satisfy them, as long as any existed. In violation of this agreement, how ever, a great part of the partnership property had since been converted into money, and put into the pockets of the defendant. Upon having been remonstrated with, and the books having been examined, it was found also that false entries of the partnership property had been made in them ; as, for instance, when a sale was entered, there was a cotemporaneeus entry of the amount as paid into the banking-house of Coutts and Co., but on inquiry at that house, it was ascertained that no such sum had been received. It likewise appeared, though no bills of exchange were to be drawn in the partnership name, by the de fendant after the dissolution, that the defendant had drawn and negotiated, and was now drawing and negotiating, bills of this de scription. Under these circumstances, the whole having been verified by affidavit, the bill prayed that an- injunction might issue to restrain the defendant from further meddling or dealing with the partnership property ; and also from drawing, or negotiating any bills of exchange in the partnership name. His LORDSHIP said, the half of such a statement as this upon affidavit, would have been sufficient to have authorised the pre sent application, and therefore be ordered the injunction to issue forthwith. EQUITY COUNSEL V. COMMON LAW COUNSEL. Mr. SOOOEN had to draw the Lord Chancellor's attention to a subject of considerable importance, and which he considered now called for the interposition of the head of this Court. Since be (Mr. S.) had been a barrister, he had understood that a barrister in one court in Westminster Hall, was a barrister in all the Courts there, bat this did not seem to be the universal opinion elsewhere : a case had been signed by two Counsel in this Court, one of these a King's Counsel, which was sent to the Court of King's Bench ; upon its going there, the Clerk of the Office there sent it back, with a statement that - he could not receive it, unless signed by King's Bench Counsel. The consequence was, that the suitor had been put to the expense of having had to retain no less than four King's Bench, and two Equity Counsel, and the right of Equity Counsel had been denied by the Court of King's Bench. The LORD CHANCELLOR had always understood that Barristers in one Court of Westminster Hall, were Barristers of " each " Court there, save and except, that they could not practice in the Court of Common Pleas, as a Sergeant, unless they had a Coif; and, therefore, there could not but have been a mistake on the present occasion. He had to meet the Judges in the Exchequer Chamber, to-morrow,and be would mention it to them, and get their minute opinion upon it. His Lordship was prepared to admit the right of the Court of King's Bench Counsel to argue the cases sent from this Court, but would repeat what he had very often said before, that 9 out of 10 of the eases sent to that Court by this Court, and not argued there by Counsel from this Court, came back witi, very little information indeed to this Court from the trials. His Loansure took this opportunity of stating too, that the passage from the Coffee-house in this building had led into the middle of the Hall, close to the Court of Common Pleas ; of late that Court had shut up the doors of that passage, and thereby occasioned all persons coming from the Coffee-house into the Hall, to come round by the Court of Chancery, passing through the very room in which the instruments belonging to the Great Seal, &c. were deposited, which he considered most objec tionable. Under what authority that Coffee-house had ever come there he did not know ; at any rate he believed, it was originally intended only for Barristers, but it was now used by every person who chose to enter it, and this passage had been made a perfect thoroughfare for the whole world. His Lordship had sent for Mr. Selwyn, of the Court of King's Bench, and told him this. Though a great many of the persons who came through this room belonging to the Court of Chancery, neither liked suits in equity, nor in law, yet they had no objection to great coats now and then ; so that the great seal itself was placed in jeopardy. Mr. HORNE did not even know where the passage his Lordship had alluded to was; there were so many of them, that he had been afraid to trust himself in any part of the building but in the most open part. This he would say, that he had heard that the Counsel of the Court of King's Bench had complained of inconve nience they suffered, but that with great deference to them, they were the last persons on earth who could justly complain, for they had taken great care of themselves, and had got many conveniences, while this Court was left without one single one. His LORDSHIP said, they certainly had taken great care of themselves, and they had been right iu doisig so; but surely this Court was not to have every sort of inconvenience thrown upon it, that comforts might be scoured to the others. VICE-CHANCELLOR'S COURT. This Court was occupied all the morning in hearing arguments in " Madiford v. Austhwick, a case possessing no feature of gene ral interest. COURT OF KING'S BENCH. Mr. Justice BAILEY stated for the information of the bar, that in the sittings in Banco after term, the Court would hea r appli cations for new trials, in the following order:---fint for caus es tried on the Norfolk circuit; second, on the Oxford c i rcu i t ; third, on the Western circuit; fourth on the Home circuit. FOX V. CUTHBERT. This was an action to recover from the def en d ant t h e sum of 12/., being the amount of bank - notes which th e d e f endant gave to the plaintiff for goods which he bought of him, afte r th e b an k t o which the notes belonged had stopped payment ; the plaintiff not being aware of the fact at the time. It was t r i e d at the last Lin coln Assizes, before Mr. Justice Best, when the plaintiff was for th e plaintiff, non suited, on the ground that he did not present the notes for pay smiteonutldatnotht e be ba s i e i t k banker's. ' i s. A rule Cause why the nonsuit and d verdicta t show entered hav ing been obtained in the last Term, Messrs. CLARKE and DENMAI I appeared this day to oppose the rule; but the Court were unanimously of opinion that the rule should be made absolute, and a verdict e n t ere d for the pla i nt iff. It was not necessary for the plaintiff to present the notes for pay ment, since it was evident that there were no effects, the house having stopped payment. CROZIER V. lIACTY. This was an action of trespass brought a ga i ns t a constable, who, havin g a wa rrant to seize c e rta in goods in the plaintiff's house, carried off different goods from those which were stated in the warrant. It was tried before Mr. Justice Best at the last Assizes, when the plaintiff was nonsuited, on the grounds that a copy of the warrant bad not been demanded of him by the con stable. A rule to show cause why the nonsuit should not be set aside and a verdict uttered for the plaintiff having been obtained in the last Term, Mr. READER opposed the rule this day. The COURT were of opinion that the rule should be made ab solute. The constable exceeded his authority in taking articles not mentioned in the warrant. It was evident that he had done so for convenience sake, as the articles which he had taken were more profitable than what he was authorised to take ; when a constable exceeded his authority, and proceedings are taken against him for the excess only, it is not necessary to demand a copy of his warrant—the verdict should be entered for the plaintiff; ,not for the breaking and entry, but for the amount of the articles which had been taken away, and not expressed in the warrant. Thomas Cross, Robert Rose, Thos. Camden, Wrn. Barber, John Weldon Mead, William Watts, and Mary Ann Series, who had been convicted on several indictments for public nui sances, in carrying on offensive trades in Maiden-lane, Gray's inn -road, were this day brought up for judgment, and entered into recognizances to come up again to receive the judgment of the Court in the next Term, unless that in the mean time they abated the nuisances. COURT OF COMMON PLEAS. Mr. Sergeant WILDE on the part of a person named Lancas ter, moved the Court this morning for a rule, calling upon an attorney of this court, (whose name was not mentioned) to show cause why he should not answer the complaint of Lancaster.— The motion was founded on an affidavit by the latter, in which he stated that a son of his having the misfortune to be charged with an offence at the Marlborough-street Police-office, he employed the attorney complained of, to defend his son, giving him at the same time a considerable fee. When his son was brought before the Magistrate however, the attorney did not appear, and the son was in conse quence committed for trial. Upon inquiry, the complainant as certained that the attorney was confined for debt, and called upon him for an explanation of his conduct. The attorney apologized, and having afterwards got at large, he prevailed upon the cam plainant to entrust to him the son's defence at the trial. He ac cordingly employed a counsel, but shamefully negleeted to send him a brief, till between 10 and 11 o'clock of the night before the trial, which came on next morning at ten o'clock, and besides omitted to subpoena an important witness till it was too late, the trial having been over before the witness arrived, in consequence of which the son was convicted. A report of the trial appeared in the newspapers, which reflected on the complainant's conduct towards his son. The complainant was advised to prosecute the newspapers fin• a libel, and the same attorney prevailed upon him again to entrust the conduct of the prosecution to him. He re • quired 121. to commence proceedings, and the complainant not having so much money at the time, gave him a bill for 171., which he agreed to get discounted, and promised to return the difference, which, however, he did not do, the complainant having been unable to get back snore than one pound. The complainant shortly afterwards became embarrassed, and was confined within the rules of the King's Bench prison, but while there, he, in order to see the attorney, violated the rules, and called upon the attorney for an account of the money, and also regarding the state of the prosecutions against the newspapers, but he refused to give him any satisfaction ; and a few days after wards the complainant was again arrested—he believed by the contrivance of the attorney. He raised the actions, but, in con sequence of his not following them up, judgments of non-process were obtained by the defendant.—Rule granted. The CHIEF JUSTICE expressed his indignation at the scandalous manner in which some attornies contrive to get money from their clients. HIGH COURT OF ADMIRALTY. THE KILLINBECIC. Dr. LUSHINGTON (with whom was Dr. DonsoN) stated, that this was an action for damages, brought by the owners of the schooner Acorn, to recover the value of their vessel, which had been run down, and totally destroyed by the ship Killinbeck.— It appeared that the Acorn sailed from Shoreham on the evening of the 23d October, bound for Switzerland, and whilst running down the Channel, between two and three o'clock on the fol lowing morning, she came in collision with the ship Killin beck, bound from the island of Antigua to London. The Killinbeck struck the Acorn on the midships, and she went down immediately, the crew hiving escaped into the Killinbeck. The Killinbeck had her spritsail-yards broken, and her jib-boom driven in. The Acorn was rated at 80 tons, and valued at NO guineas. There was a striking variance between the testimony given by the crew of both vessels as to the state of the wind.— After adverting minutely to the allegations of the several wit nesses, the Learned Counsel submitted that there was gross negli gence on the part of the crew of the Killinbeck, and that the owners of the Acorn were entitled to the value of their vessel. Dr. JENNER on behalf of the owners of the Killinbeck, ad verted to the discrepancy which appeared between the testimony of the crews of both vessels, and contended, that the Court was hound to dismiss the case, as there was no evidence of misma nagement or negligence on the part of the crew of the Killinbeck. Dr. J. AnDasis followed on the same side. After which Dr. LUSHINCTON replied. Lord STowEtt. then pronounced in favour of the claim made by the owners of the Acorn. Lord STOWELL was assisted in the hearing of this case, by two Members of the Trinity Board. COURT OF EXCHEQUER. THE UNDERWRITERS AT LLOYD'S, AND THE INDEMNITY AND THE ALLIANCE INSURANCE COMPANIES V. MILLER AND OTHERS. In this case, Mr. BICKERSTETN moved for a commission on the part of the plaintiffs to examine several witnesses about to leave this country, whose evidence was necessary to prove their case on the trial. The proceedings arose from the loss of the ship Courier, which was alleged by the defendants to have been lost with her cargo off the Cape de Verd Islands. The ship had been insured with the plaintiffs, and they now put in an affi davit that the above witnesses were now in England—were usually residing at Lisbon, but intended to depart this country before the trial. They (the plaintiffs) would be able to prove by them, that the said ship and cargo had not been lost as represented, but that the cargo had been clandestinely unshipped at Lisbon, and the ship wilfully and fraudulently sunk by the owners. Mr. FONBLANQUE, for the defendants, contended that the affi davit was incomplete, as it did not properly describe the wit nesses, or show that the goods were not unshipped at Lisbon fin• the purpose of repairing the ship, as was actually the case. After some further argument the Court granted the commis sion, upon Mr. Bickersteth undertaking to: amend the defective parts of the affidavit. ELECTION.-COLEMAN-STREET WARD. SECOND DAY.—The poll opened this morning at eleven o'clock, both the Candidates were early in the field ; the voters were rather slow in their attendance. The state of the poll when our Reporter left was as follows : Mr. Bleaden Mr. Griffiths l4 Majority for Mr. Bleaden MISSIONARY SOCIETY. DETAILS AS TO NEW ZEALAND. Last night an Anniversary Meeting of one of the Wesleyan Missionary Societies, was held in Miles's-lane, Cannon-street. J. E. SAUNDERS, Esq. (a Member, we believe r of the Common Council of the City of London), was in the Chair. The meeting was very fully attended. The - Rev. W3l. WHITE, one of the Missionaries from New Zealand, d e t a il e d t o th e meeting various particu lars relative to the character and habits of the native New Zealanders. They were, lie said, a race not inferior in point of intelligence to any nation mean a "Divine‘ vord or tribe of people in the World , thou g h, as far as res p ected a knowledge of the existence of a Divine Being, no race could be in a act in New Zealand whib e by y f g o r in e : ter had it had been found to app l y to a p iece of mech a nism or to a de parted spirit, and especially to a departed spirit of a Chief. Th e New Zealanders had no Idols—no Images to represent th e D e ity, ig b n ee r i a i n s c u e ;pos T ed her to e w no Temples or places of Worship—no sacred days. They believe in the existence of departed spirits, and there is a place where they go to visit the spirits of those who die. This is the highest enjoyment to which they aspire. They are certainly (said the speaker) a people of a barbarous character— they are capable of committing the worst of actions, and yet are susceptible of the finest feelings. That they are cannibals there can be no doubt; but that the system of cannibalism is carried on by them to such an extent as some have supposed is erroneous. When any of them are killed in battle, the conquering party will sometimes eat the flesh of those who fall ; but they are, neverthe less, ashamed of the act, and will almost' invariably deny that they committed it. On the audience d ge neral notice. u e di o e f nc tl e le at na th ti i N s T: n o ee f t N in e g w , Zealand young man) wag among It is stated that, since the year 1824, no fewer than 21 ,421,9515 acres of land have been ceded by the Indians to the United States. FASHIONABLE AND MIkEICAREoIi:§:77 BRIGHTON, FEB. 7.—Yesterday, Sir Herbert Taylor arrived at the Pavilion, on a visit to his MA JESTY. This forenoon, the Duke of Wellington took leave of his MAJESTY, and left the Pavilion for town. This afternoon, Sir Herbert Taylor took leave of his MAJESTY, and left the Pavilion for town. The Duke of Sussex caught a - cold, whilst attend ing the funeral of his .ate lamented brother, the Duke of . York. which brought on hoarseness, and inflammation of the chest. Blisters were in consequence applied, and we are happy to say his Royal Highness is now better. The Royal Duke was visited yes terday by Dr. Maton and Mr. Pettigrew. Mr. Secretary Canning was prevented from attend ing the KING in Council at Brighton, on Monday last, by indis position. Baron Stiernhold, the Swedish Minister, transacted business yesterday at the office of the Secretary of State for Foreign Affairs. Yesterday afternoon, at three o'clock, a Cabinet Council was held at the Foreign Office, which was attended by the Lord Chancellor, the Earls of Liverpool and Bathurst, Mr. Secretary Peel, the Chancellor of the Exchequer, Viscount Mel, ville, Mr. Wynn, Mr. Huskisson, the Puke of Wellington, Earl Harrowby, Lord Bexley, &c. The Ministers continued in deli beration till half-past four o'clock. Mr. Secretary Canning was prevented from attend ing the Cabinet Council by a, severe cold caught at Windsor, while attending the funeral of the late Duke of York, which con tines the Right Hon. Secretary to his room, at his house at Brighton. Report says, that Lord Amherst will shortly Teturn from India, assigning as his reason the death of his eldest son. On Wednesday last John Smith, Esq. of Bedford row, and of Revel End, Herts,- was called to the Bar by the Honourable Society of Gray's Inn. COURT OF EXCHEQUER.—It is now well understood -that on the resignation of Mr. Baron Graham being accepted by ;his Majesty, Mr. Sergeant Vaughan, who is the brother of Sir Henry Halford, will be elevated to the Bench', and occupy the Baron's vacant seat in the Exchequer. Yesterday a Court of Directors was held at the East India House, when the following Commanders took leave of the Court previous to departing for their respective destinations, viz.: Captain William Hay, Charles Grant, Bombay and China; and Captain William Cruickshank, Farquharson, St. Helena, Penang, Singapore, and China. We are very sorry to inform our readers that Dr. Pelham, the Bishop of Lincoln, died yesterday morning, in con sequence of a severe cold, caught while attending the Duke of York's funeral. Yesterday the remains of the late Lord Duffus were interred in St. Marylabonne Church. His Lordship is succeeded is his title by his cousin, Sir Benjamin Dunbar, Bart. of Hastings. TIIE LATE DUKE OF YORK.—An emergency or. Special General Meeting of the Grand Lodge of Freemasons of England was held at the Freemasons' Hall yesterday, the Right Worshipful Deputy Grand Master on the throne. An Address of Condolence, couched in terms of sympathy and genuine masonic feeling, was, on the motion of two Brothers of the Lodge, unani mously adopted, and resolved to be presented to their Royal Brother the King, on the death of the late Duke of York, in whose lamented demise the ancient and loyal Order of Masons have sustained a severe loss. The grand dramatic fete at Bath, in honour of his Majesty's Accession, which was postponed in consequence of the death of the Duke of York, is now fixed to take place the 21st inst. DUEL.—On the 3d February a meeting took plugs at Calais between Charles King, Esq. and W. Ancratn, Esq.. the former attended by George Talbot, Esq., and the latter by A. W. Ililliary, Esq. After an exchange of shots, the affair was amicably arranged through the interference of the seconds. What a striking contrast does the rapidity of the . works in St. James's-street form to those erecting at Hyde Park corner. DR. DONNE, DEAN OF ST. PAUL'S.--This learned Divine having married a Lady of rich and noble family withdtttiL the consent of her parents, was treated by them with great aspe rity. Having been told by the father that he was to expect no money from him, the Doctor went home and wrote him the fol lowing note :—" John Donne—Anne Donne—Undone." This quibble had the desired effect, and the distressed pair were restored to favour. We hear that a lady of rank, who was travelling from Kerry to this city, in order that she nai , ght have the attend ance of a favourite professional gentleman 'upon an 'expected in teresting occasion, was sudde,nly arrested on her journey by an earlier announcement of a coming stranger than was anticipated, and that she was obliged to avail herself of the shelter of a hutale cabin, and such accommodation as it afforded, in order to the introduction, which was happily completed, notwithstanding the absence of the skilful accoucheur. The lady, we hear, remained in the mud edifice for some days, and then retraced the way by which she came.--Southern Reportei% CLERICAL RECUSANT.—The Rev. Roger Hitch cock, who has for several years been a most worthy clergyman of the Church of England, performing his clerical duties With the utmost zeal, and in return possessing the esteem and affection of his flock, has for the last few months seceded from the Establish:- ment, and become a convert to the' neces sit y of adult ba ptism. — : The venerable Bishop of the diocesi used ever y means, by way of argument, to retain the Rev. Ge ntleman in the Ch urch , but with out effect; and on Sunday week he und e r went the ceremony of immersion at the Baptist Chapel in Devizes.— Chester Courant. MARCHESI.—This singer (vulgarly called Marche-- mini), who was the most celebrated of all the Italian musicians of his class, died lately at Bologna, aged 85. He was a native of Milan, and was many years ago much more famous in London than Velluti recently was. Mr. Price has granted permission to Mrs. Geesin to sing at the ensuing Choral Fund Concert. Laporte is gone to Ireland, where he is enaged by Mr. Henry Harris to perform a few nights in Dublin. Laporte , will after wards return to Drury-lane Theatre, where, it seerus, his re-appearance is in great request. - . Charles M a th ews gave - the Big- Wigs at Oxford a " touch of his quality," in the performance of his excellent enter tainment, at the Great Room in that city, on Monday. The " choice spirits" of the various Colleges left their dinners, or rather their wine after dinner, at an early hour, in order to be present at the opening of his merry banquet. ' - cal culates upon th e. 1 Mt*, - Fates, during the Summer—in addition - to the other star* already publicly announced as having engaged for a which he has The Manager a.ci of an lh a s e . i s English of. Lit Theatre Ter i r n y, P y a a r t i es, s a 4, limited number of nights. ST. MARTIN'S IN THE FIELDS.—SELECT VES TRIES:—A very numerous Meeting of the Parishioners o f S t . Martin's, was held last night, at the Union Hotel, Cockspur-street, for the purpose of r!nunerating Mr. Fenn, of Charing-cross, for the expense to which he has been put in defending a suit, ou the part of the parishioners, against the claim of the Select Vestry of St. Martin's, for rates to which. the parish contend they have no e a:l on a: e l: ga ll1 n legal o w f - D a p s iosot i ri n i, the setr at rate levied on CommitteesoAn ts:eiverei were parish,fo of fo rm e d resolu tions l statedut o tions were adopted to raise a subscription among the parishioners, to assist by pecuniary means 2 , o, lll o r. ol Fenn, iu the maintenance of his suit against the Select Vestry. During the progress of the business, it was said, that the SelectanNd'esatititey after some either under an Act of Parliament, or by Royal Charter, to as s ess '' the on ni. o the promote t e ee s n othrme complained oiisobjects 0 f the Meeting, • per annum, the Meeting separated. from 180anolt.lonft.to ........... to be COVENT-GARDEN THEATRE. The tragedy of Romeo and Juliet was performed last night at this theatre, for the purpose of introducing a Miss Jarman from , the Dublin boards, i n t h e character of the love-sick Italian. fate pretty this young lady is slim and elegantly formed; with s t o st . : pretty indeed, hut not capable of any very deep tragic exc_ s l ive and a voice highly melodious, especially in its moreig Plaintive tones. Her conception of Juliet, aided by these great advantages, was eminently successful; in some few w not so much seemed to have been imitated from Miss Kelly, but so as to offend the most scrupulous criticism. entitled the Hundred A new farce, from the pen of Mr. Peak:, eundoubted producti6n Pound Note—and dull enough to be t cc m essfully produced. The of that gentleman—was afterwards su imt p a e n rs cn o7l t k house was well attended.