The Sun. — London, England, 1825-04-12 00:00:00

THE LONDON JOUR N ALS. • , DMLY xtracts , from the Morning-Pvers, 4pril I'l., 1825. ,[tuttisit PRESS.] • Colombian Papers,.lately Tecelied„ we observe flat great irritation had . been paused * dettaration ..made by the , Lord : Chancellor .in hia_jiadicial capacity. lathe:coarse of stittne ar gurneni in Chancery, his Lordship . thought fit. to Qtvierve„that ' heknew no such Republic,as that of . „Cplombia.". ,This. bToad And positive, denial e)ti§tence. of the new State was thieved under circumstances which certainly to f a t e igners. would not seem to have c:.lled for i:. ri'pibe'ir judgments the tone would not. appear to 1 0, - , Oa!! :9f .a Judge, • situp ly stating, that he ,cou ld i.t recognise an authority which the Govra- Wu! .h 4 not as yet_ formally acknowledged. Tia..#hean,.it would rather seem the, tone of a •inl.4lcal : advarsary, who availed himself of a fa tactual* opportunity to strike ; w,ith effect. It is. to , be regretted that, public officers, Judges espe .*;l4y, should not avoid the use of those . intliscreet ex prer.sicps, which are calculated, as : in this in. f.1.14i1,0, 10 .produce very extensively, evil :impres sions .broad.. The. Lord Chancellor usually ac c,l:94.rties.the statement of his propositions with all : the limitations with which it , is proper or ne ces.ary to qualify them; and it is therefore the more ~4, m arkable ,that at such a moment, when tb.e Av iestion of recognition was in fact almost de cid'ed iu the Cabinet, and when Consuls and Corn siiSli!nera , had been, actually dispatched to the , Authorities of the new States, he should deem it advisable to deny the existence of the Republic of Cploa;bia,, in terms .aa express and clear as those ht which he would have spoken of the pre `tended State cif Poyais. Zs _the Lord Chancel roe Wai understood to have been Opposed to the 'rkirgriitiort. of the new American Republics, it had; besides the unfortoriate appearance of a Judge Mixiag up hi's particular opinions with his duties on the-Bench, and making them form part of his administration of justice. [THE TIMES.] T:te struggle in the French Chambers, it would. seem, is not yet wholly at an end. Some hopes are entertained from the Chantber of Peers, but they are wholly confined to that Chamber, with regard to a. more favourable issue than had for same days past been,anticipated of the two great awasures—the indemnity, and .the reduction of interest—which go in fact to . the very root both of . policy aitti.of.society, throughput France, such as they, had been constituted ten ye.ars ago by the Charter. Both parties in the .House of Peers are hen ting / up for reinforcements. The opposi tion members encntirdge each other by areference to the triumph . gained last year, and to the public enthusiasm which it excited ; as if enthusiasm could be worth one farthh'lg id - 16110S transferred in the course of a week from objects the most trupcirtant to' the most frivolous. The • Minis ter on the other hand, plays off. the Royal flitiktrevery-'iihere against the consciences of a fifr i , and the ambition and selfishness of a far greater number among his adversaries. The French Properly speaking, no aristocracy,-none, o but little of that independent fortune and. per. coral inffirt!rmei which help, throne" a mixture of pride and shame, to confirrn,a politician in his declared flur pose* and ,xerPder bribery ofl that - account', a, more expensive process . to de, ~,,Y.41,11e is ,said,, the re fire, to have met with very flatterintr, success in his tv?gociltions. The insignia of the Holy . Il7hCiSt zitid Of - S'aitit touis. — are 'promised, vilwrtossile; to be hispensad -at: or after the Co. I'l/tallow; -prefectures, • monopolies, pensions, titles,-and .cao4,?stre to.-be the ',prizes awarded to this grand .race of prostitution. it is calcu i4ted to cost his Majesty IGO ells of blue riband, arid at least 500 of red. • How much in , aponey, Bala be guessed at only by the managers of the " secret service" fund. Upon the -whole, it is presumed that . the Law of the Indemnity witl not F4s's the eeera without considerablearnetidnients. 'rhese arnendments must be sent back "to the Deputies, and the dliccussions there will prolong the" session, as - probalyly to potpone the Corona.. flop until near the end of June. So much for borne polHci. What the- views 'of the - French Court may be, - in relation to .the . Congress hinted atfOr Italy- -arid'respecting a'6.rtain quadruple alliance," to which it is sUrinised that. France &Ili been invited, while - the . stracised: nature •of it -- is` such ' that' Iriltianti mtst Of course cluded,—we do 'it - ot'afrect . to - offet'the'ptiblie: any Brterrnbiate ticiriet We' are . sure that if the Tray - A trante he not - withh'eld 'Lxy - their fears, iti k ere is nothing in their - prideiples to obstruct fie fOrmation of any - league. or . project-- in op. pioFilitm to British :policy. But, as we said yesterday, letthese Kings and Emperors beware. England has the hearts of their subjects in her keeping; -she. , has with her the public !Iliad of pircTe—that.mind which it. „is her aim toen-; ligliten,and the aim of despotism to Mislead. and tl-trepuss... iRtelllW/f;:a.ti the publiq virtue all nationalletarests of mankind, are 401.0;1%z enaharlt - kp.a caTroolt cause w4at Reglanit• It ~.(Ikft, .the "bipst4css of that 's"mallgrattp of Kings and.:Dsliiaisters..whose ends' and: sordid appetit s ii pliee them itt troiellitY . With Abe nuiVersal . their. ma: vilest game, we repeat, to. ofter as little proyoca. Von as may be to the great.'though "tadt confe. ' - 'this_ one -free and powerful tlo l v'erntiiint and an hundred .trations liarifing - to be - free.- it is the•plain ifdteiki ertito 'Holy Alliante to deprecate the irresistible wrath" f England. • Ctrrw, wthics.l The. recent intelligence received front the tslauds does not excite in us inuel3 u r Seei.n dispos e d to follow the example el4lies,9l2ctit Aforrica.ll,:olonies, throwing • off d o .p git deur,e,on their common Mather Coun tpr—Spin. Thrr is not to .he attributed alefely tip oppillntment of a . new Governjt ; ,lftii b itises fr...qr card. mare dAtep.ll seated in the . • itittifirits cit:the cot/airy.. Idand4, lying to e least aT -Chiria; carried trade ..with China and the East Indies; • in order to sup port which, they had to await the arrival of the . specie conveyed by the. galleons from Acapulco, on the Western coast of Mexico. ;Spain furnished nothing,and receivedfittle from thew). Now that not Acapulco only,but.eirery other portiivSouthArne rica, is thrown open to their trade,their prosperity (if • independent), must hourly increase. This consideration farnishes.the true secret of their late proceedings ;,and when they hear of the wise mea sures adopted by Great .Britain, both with regard to the. Spanish Colonies, and also to her own, it is to ter pre•urned that they will altogether' abandon. their connection with Spain. There was formerly, and perhaps still is, iu Spain, a great trading Association, called the Royal. Philippine Company ; . but_ it did little, or nothing, for the real benefit of these islands. It had fac tories at s Catiteit and Calcutta ; and pur':.:rased commodities _there. According to Char ter, the Philippine,- Company should .`-rue made all its imports direct fro:n its own estal:.;ishrnents; but, in fact, it used to. buy large gaantities of goods in London, from the East India Company ; so that, as we have alr.-atly said, there was little veal connection between Spain and the Philippine Islands. It must not be forgotten, that while our policy tends to detach from the Spanish Government nine!een millions of persons iu South America, and three millions in the Philippine islands, Spain, and the other Continental. Powers, are disposed, in return, to promote the. separa. -Lion of Ireland fr&m the British Empire. Our wisest policy is, no doubt, to counteract those views by a liberal and indulgent treatment of the Irish people. Nor is itto be overlooked, that the great nsajority of Irishinen are members of the same communion with the South Americans.- It would he singular, that while we maintain the cause of liberality towards Catholics in the Wes tern Hemisphere, we should act on opposite principles with relation to our own fellow-sub jects in a neighbouring island. The Continental enemies of Great Britain, no doubt, anticipate this inconsistency in our conduct, and flatter themselves that the result will be another 1776. [MORNING POST.]. Those not acquainted with Mr. Hume's pe culiar notions of law may suppose that in the Act of encouraging Combination, the repeal of the Common Law upon that subject was a mere accidental blunder of the lawgiver, and not a pre meditated radical innovation. But on the even ing that Mr. Secretary Peel moved for leave to bring in the Juries' Laws Consolidation and Amendment Bill, the Right . Hon. Gentleman having stated that he did .not intend to meddle with Common Law relative to .Juries, how did Mr. Hume receive the intimation ? With no thing less than mingled regret and censure. The Common Law he declared to be, in his opinion, no Law at all ; and, notwithstand ing the marked sneers with which his friends Dr. Lushington and Mr. Bright treated the anunciation, the Honourable Member Proceeded to inveigh against so harbarbous a relic of anti quity being retained in any modern Code pre suming to hope for his civilized-sanction. 'So it is that Quackery " plays its fantastic tricks be fore flight Heaven," and that brazen Ignorance contemns, and attempts to trample upon the pro foundest emanations of wisdom and the most sacred shrines of justice. Should Mr. flume [ again nbtain, leave- to legislate,_ we therefore hope this notice of his fundamental opinions of our most venerable [ and valuable laws will serve as a warning to Parliament that some poisonous reptile proviso lurketh in the clause's of are the unguis in he rba which has been discovered in the Combination Act. For the benefit of the Honourable ; Gentleman him self, and to prove to him how absurd is his con. clusion_that the Common .Law is no .law at all, we subjoin an extract from the Reports , of the Lords' Committees on the Peerage in 1820, which ma..y. enlighten hiM a little on, the matter; as it thence appears that the Cammon Law, as well a..s the Statute Law—the unwritten as well as the written laws, of the country, were so far back as the reign of Henry - 111. considered to have emanated from and to have been 'sane tioued by Parliainent. " kapPears (says the Report, p. 96) from the •treirtise attributed to Bracton (a learned Judge), that ; the - laws of England were at that time (600 years ago) prin cipally what in his treatise are termed 4 'Leger Non' scriptus,' the foundation of what has since been generally called the Common Law, as dis tinguished from the Statute Law of the realm . ; and this tends to confirm the conjecture, that after the partial adoption, 1)y -the Conque- I tor . , of the Saxon law, and • before- the reign of Edward the First, few changes were made in the ordinary law of the land, by any legislative provision. But from the, treatise of Bracton it appears, that all the un written, as well as the written laws of the coun try, were considered as having emanated from the same ,authority ; or, to use his words,, Con -Genscnsu Alf agnalum, et rdpubilece con; O. • mu= ,sponsione, aucloritate Regis, sive P rin.cipis, prece4nte :' and he adds, that, the laws thus established could not be alteredavithoutahe com mon consent and advice of those.by whose advice consent they had beew made—,words which. [ plainly infer an •acknowledged constitution of 4 legislative power, whose authority was supreme." [MOUNING How Vinglandris changed ! Her Ministers are liberal, most liberal,,—her Ministerial Journalists, that used to be the advocates of evtry oppressive and unjustifiable measure of the Continental, Despots, are now almost_ as greatly changed ,as Ministers themselves. The Courier never treated the French.Jacobins more irreverently than ~he ttow.trrats the. ereat.Poivers. Really if we had not the; file of our contemporary to refer to., so complete is the transformation which has !Alm) place, that we should. be , -alltiost...,terhpted ; to doubt :our recollections . of . . the past. use cannot altogether forget the past, we ,forgive,. and . that . .is ,hetter... , .We hold eat'-the -.right baud of:Sellowshiv.' -60. on as in the fa lowrn ; part‘graph--tannt thA;,f:loly Allies with their, egregious folly, iiu , Aiti,king;they can regulate the Continent without us. (By the bye,. did not Mr. Canning once say something about the preponderance of certain great Powers on the 'Continent, and that we must be contented hereafter to move in our own orbit ?)—tell them, that if they are like school-boys, who give themselves a holiday without the con sent of their master, they must make up their minds to be flogged like school-boys.— But to the point. " Most of the Ministers, we are told (says our contemporary), of the German Princes to the Austrian Court, will return to their respective countries while the Emperor is in Upper Italy, but the Ministers of the ' Great Powers, such as Russia, France,and Prussia,' have received an invitation to go to-Milan about the time that theEmperot will arrive in that city. How quiet ly the name of England is here thrust out of the list• of the great Powers! What are we to infer front this? That the remaining four—Austria;Russia,Prussia, and France, have some business in hand, with wl►?'ch they are well assured England will have nothing to do, and, therefore, they do not think it necessary to mention her at all. Perhaps this Vienna article should he appended, by way of explanation, to another article in the Quotidienne of Friday last, which we have given in our ex tracts from the Paris Papers, where there is some talk about • a quadruple A Mance, to watch over the tranquillity of Europe.' The idea of these Royal and Imperial conservators of European tranquil lity, electing themselves into such an office (sup posing so absurd air intention to exist) with a perfect disregard of what England may approve or disapprove, would be like school-boys giving themselves a holiday without the consent of their master. They might have their day ; but the master would be sure to have his also." [MORNING HERALD.] From the number of prosecutions for smuggling and bribing Officers , of Customs and the Pre ventive Service, which have been brought into Court lately on the various circuits, it is not to be wondered at that Mr. Iluskisson should have been so bold in striking at the cause of this smuggling and bribing system. Had our present enormous taxes on foreign goods continued, England might have got into the same relative situation as Spain—her people might have re solved themselves comparatively into .bands of illegal traders. In a general respeCt, it is bad policy to encourage home manufacturers by too heavy a tax on imports ; it causes them to be careless as to what they manufacture. It causes many. to be cheats, if the protecting duty be very high. Who can now purchase a pair of woollen stockings which his boots will not wear through in a week ? Who can use a cotton night shirt, but in a quarter of a year it is ready to fall to pieces. Even a linen shirt does Hot wear half the time it used to do some 20 or 30 years since. It is difficult to procure a penknife or a razor that shall last a. month, without its wanting set ting again or grinding. Thousands of hats are sold plated ; that is to say, a good outside appearance is given them, which wears away after a little time. The system, of excessive protection to master makers, which, in too many cases, ope rates as a bounty to make them cheats, extends also to the men they employ. They, in their turn, become lazy ; and in order to remain idle, and to receive high wages, they combine, as we see the well-educated Scotchmen did not long since. The system of cheatery on the part of master manufacturers and work-people might last as long as there was war, and prohibit ed goods,. or highly-taxed goods, could not he easily got into the market, and.when smugglers, if caught, were pressed into the sea service. This system of making_things for show, and not for ex cellence, might do till other nations found out our cheatery. In consequence of the bad iron-Work exported for a series, of years from Birmingham, Wolverhampton, and other places, to the United States, the people became so tired of them, that at length they manufactured the articles themselves, A. reasonable tax on all goods imported from abroad is but fair, not only as the best mode of deriving a revenue, but also a fair protection to manufacturers at home; but an excessively high tax, or a prohibitory- law, with a view to the pre venting the introduction of a foreign manufac tured article, is neither decent with regard to other nations, nor is it expedient as it respects ourselves. [TILE PUBLIC LEoGEn..j -The was art arrival yesterday of New York, Boston, and also of Jamaica Papers. In the former there is a statement of so curious a de scription, that we are loth to believe, and yet cannot bring ourselves to reject it. If any other name but that of the Spainsh Monarch appeared coupled with the alleged transaction, we should, without the least hesitation, pronounce it a hoax; but the character of that amiable personage throws over it at once an appearance of consistency, aod even of probability. The association, too, of French agoncy,'so meddling and immoral, does certainly ans,:thisig but invalidate it. The two Powers, it is stated, had invited Bolivar to declare himself Sovereign, and pledged themselves to uphold him, should he comply. The reply is so much :in unison with the character of this great man, that it is completely in keeping with the rest of the statement. But if the Liberator were merely an "ambitious man, the overture would not be so ridiculous as it is now; and as neither the French nor .Spanish Cabinets have a high opinion of human worth, they may not have thought. Bolivar an ,exception. They have since found their mistake, it is said, and 'have been undeceived, too, in a way that will 'not lessen their chagrin, Bolivar, having lost no time in laying before the Colombian 'Congress the papers containing the overr ture. had the manceuvre, however, succeed ed, the consequences could not have failed to be most injurious to the cause of liberty in the New World ; though in the end, the fate of the usurper would probably be the same as that of Iturbide. But in the interval all C" 11- deuce would be shaken, and discord would b e the order of the, day; whichthe partisans of Spain would not fail to ',turn to their account. autt even if the latter part of the calculatio“ol,o,i er secured still the and thesecurhis prize? pr i nc iple would adoption of the monarchical be a clear gain; and Ferdinand would be no longer harrowed by the spectre of po pular rule in his rebellious Colonies. At the ; same time the new . Sovereign would at tatli himself to the PO‘Too, 'U whose Sugges tiOn he had :betrayed. the 'confidence of his fel lowcitizens'; and-the alliance of England would be as stodiously,discarded. The supposed plot is therefore not in the least discreditable to French and Spaoish diplomacy ; and if it want probability, it is not_on account of the part, which is assigned to these two Powers in the transaction. The play, however, of foreign intrigue, iaall but ex tinct. in the . new Transatlantic States ; and the latter wilt be soon as unassailable in this respeet, .as their northern neigh boers. The mere suspicion of a bias towards Spain is followed by ex pulsion ; and as her standard is now every . where torn down, there will not be the same. temptation as there was formerly, to incur risk in `her behalf. We learn,too, by a letter from Panama, in the Jamaica Papers, that a Br'itish frigate h a d a r rived there, having on board the fifteen Generals made prisoners in the last battle in Peru; together with the whole of the Royalist a rniy, A' the whole were stowed on board of single vessel, they must have had very bad ac commodation on the passage, or, what is more likely, very feW of the troops clung to the for tunes of their Chiefs. Their departure is worthy of the promptitude that distinguishes Bolivar; whilst it is another instance of his good faith. The Peruvians, delivered from the sight of their former oppressors, will 'enter on their new career, with unalloyed hopes ; and the re collection of their fornier yoke has. probably ceased before now to excite any other feelings but those of execration. LONDON MARKETS. PRICE OF BREAD. The highest price of Bread in thy Metropolis, is t I (I. for the 416. loaf—there are cthers who sell from a halfpenny to three halfpence below that rate. SEEDS, April 11. New English R.Clovcr, per cwt 47,, 56s 765—fine 80s Old Ditto .... . New Foreign ditto s4s 69s 83s—fine —s Old ditto ditto 285 40s 42sHine.68s New Whiteditto ',"'s 74s 78s—fine —s Old ditto 395 48s 635-6 ne 70i New Trefoil.. per cwl 65 17s ,ios-r-tim,_ , 243: Oitl ditto 4s 88-14,s—,finet , 2ls New Ribgr ass , Old ditto 216 30f 3.3 s—fine 4;:s English •Carraway Seeds 40s 445.4,35—tine 95: Foreign ditto 3s 40 . i 441-15ne --s .. Coriander do. ..7"s (id ;-is Ins—lint• . ---s St .Foin....per rii Ilyc-Grass IS, 24s—true als Pacey ditto Linseed for feeding 424 43s— , fine 43s' DUI o, for crushin;r: 3ss 40'---fine 45S Canary Seed ‘ViliteNlllsUird'Seed.. per bushel 7s 95—fine lls Brown ditto , l2s 14 s —ti nt! I6s l'arnip Scuds . 5s 75.0 d—tine 'iOs Tares ItaPe Sued . ~. per last - .--l'—i 251.291 0:.4 . . W(i.V.VE AND 1,63.1)k . ...NHALL AMAtiti.LTS,, 11 By -t be Carcoyt beef........ 3s 4d to 44 Od Veal' -4s Od to ai 4d Mutton 3s 4d tu4s Rd Pork 4s 0,1 to J.,i001), Us Qd to:7g 4d. SMITHFIELD HAY INIARKET, Aptil 9 Clover, 0. tOOs Od to ‘07 . 9 ad Hay, Old 99: Oil .1 97s &I —1tt1...... BOs Q k i I.+ 95s.Pd_ I ., —..Ncw ltd. Oiss od to ..8.55 , 0d —Scw.... —s Od tv —s Oil Straw .... 4.2 s Od tu, 504,0 d ST. JAMES'S. ' . Hay "Os Od to ioos oil I Clover :... bt.),, Od to 1 tos od New,Ditto —s Od to -,s .„ 7 Od ittatv. ~...;:itis Od to Gds Od WHI'I'ELHAPEL. -,. • Ciorcr ....84s ad to I 15s 04 I Hay ' C' Od.to JS¢ 0 . 4 Straw• 42; ad to 50s ad Inft riot —s•ad to —s ad PRICE OF LOPS, per:Cwt., Aptil.ll, i .`• • Kent Pockets Sussot Pockets .. Essrex,.Poch els Faroh.tin, fine 9! Os to 111 Os—Seco:l,s. 81 Os Cu 91 9s Kent P., , tr,s Sussex. lAags I'9s. to 12n. to 1.26 - s. per cwt. Essex Bugs . , Rest heifers & Steers, per st. •Ordtriary ...... es Ed' tn , 2s . Sd 3s 2.1 to_Ss 4,1 Market Calf ...tatty.; 'es oii Middlings is 4 Ott to 3 , (hi. Lambs.... .Os ad to Os Od It A W IDES. SUI EEP • Gs 0,1 to 8403: I)oivils , 33 6,1 to 513 Os SKINS. Sbeitriings O. to-65 no Larnhs-• Cs. oti:Ttfi.sstOcl PRICE OF LEATHER. Bqlt,s, 50 to 411/s each .... :..... per 11) Igti to 20d Ditto, 56 to tit;ll.s cacti 2id to V.3d Dressing Hide* 19d to 2ip' Coach Hide; ' • ' - Ititl to 1 ; 811 Crop Hidt:;,,;:o to.llFliOs for .cutting .. .Itid .• to 17d. Ditto ..,. 41.1 to 4llbs '7.d, tp 19t1 Calf Skini% .:15 to 4011. is Ditt0...... 45 to 6511)6 94d to 30d - Ditto Sniali Seals (tircvnia p l6d t., 1 d d) 17d to IFld. ti . Large ditto • - ... __.. Horse liltle.6 134 to .14;.11 Spanish Iforie Hide.; PRIGF,S OF TALLOW, SOAP, &c. per LieHL—April 11. Town T.ailow 43s Od —s Od Yeiloiw Soap l'62 Yollow Russia 41i Oli —s. Od Willed B4s White ditto.. 40., 0;1 Cord Soap PAR trt,l —s = t)d Gi-aves Nicking - Stuff 35s 00. —s od Gt:od Ditto Itoug-4.. tld --1 Od PRICF, OF CANDLES, FROM TALLOW CtfANDLEICE HAW— Price of Candles, per dozen, Gs 6d 6tl per dozen allowed for ready money. PRICE OF HAW FAT, per Stone of Sib.—April It. Price 'Fallow (as- stated by the Tallinv Mclfersl 2s - 41 d . COAL MARKET, .APAIL 1!. Ships at Nlarket. Shins sold 30 L Noricastle - i4i 25- Sunderland Price. 295 Od to 37s 9d th 6d to 395 6d cstti:de t Of; Sunday night, Mr. WYNN, a gentleman of fortune, re siding in St. Luk e 's parish, W e nt, ac.. o by his ostler,. t o vi s i t his 'stables in King-streets g p _ a r i Bath-street, situated near the .burial ground of St. Luke's workhouse. Observing a under a cart opposite the stabie-door, he desired the ostler to see what it contained ; and on e xamination they found a human body. Mr. WY:4'o; much shoeked; proceeded to the watchhouSe, and gave notice of the ciicuthstaoce to Walker," he watclihouse-keeper, and the body was conveyed to the waichh ou s e . O n ex amination : it turned out 'CO be the : b o d y of a y oung f e rn*, and appeared to have been recentlyturie(! , Wynn states, that he obieried a hackney-coach near the spot, 'previous to fiudintr the body• The churchwardens, gof the circurp ;stance, ithnirdiatelikave Orders• for the re-inter ment, of the body,- which accotdingly took 'place yesterday, in the wurkhon. - e harlai-ground. •• LAW INTELLIGENCE. COURT OF CHANCERY, APRIL 11. P.IUNTLEROY'S BANKRUPTCY. The Soe.icreon-GetterßAL stated this Was a petition's' th e matter of Marsh and Co., which his Lordship had permitted t , - come on to-day in order that the; import a nt que s tion it involve s. _ might be discussed, and the principle upon which it watt to decided might be'fully considered, and the decision become ." sure precedent to be followedin similar cases. It was. ; the Ps' t ; - tion of Messrs. Stone a nd o th ers , j o int tr us t ees " w i t h the lat Mr. Faentlero;e, of a sum of money which had been invested ra the Bank of England, amounting to 16,0 m.; and che.petiti ° prayed that the petitioners might ha allowed to prove chemist: l e°' 16,0001. under the commi ss i o n issued against Marsh _and c o '• The Learned Solicitor-General proceeded to state the ewe, °, whkd: this is the outline. The p e tition e rs and M r . FatiPtie.n. were trustees of the property in question, and in the month - o f :May, 1619, ti power of attorney, purporting to- be thepheet: , all the trustees, was given to Mr. Stacey, of the firm of and Co., authorising-,ltim to sell out 6,060/..,. A remand portion of the money of which Mr. Fauntleroy, his partner, was a cc '.. trustee., The transaction weer - teenaged in the usual way, throuf"_ the medium of Mr. Spurling the b ro k er , w h o trans f er red property of the•bank, and paid the proceeds into the house at Martin and Co., the bankers, in Lombard-street, who acted "wh l- .' and as the agents of the bank of Marsh and Co. i n Borners-sts o4 : , —Threug'nout the !hole of the transaction it was admittedtelli; Mr. Stracey, wlio was the instrument, had no suspicion that t_'„ e power of attorney under which he was acting had been- forg7 by his partner, Mr. Fauntleroy e The Learned Solicitor Litt.; stated a proceeding exactly similar in all its ciretrinstances, wins regard to the remaining 10,0001. part of the trust,money. part of the transaction the person who attended at the BO with the ;weer of attorney was Mr. Graham. He, i n like men: nets through the agency of Spurling, the brok er , t rans ferred the 10,0001., the whole of which w as in lik e manner l o d g ed in t at hands cf Messrs. Martin and Co. Up on th e b an k ru ptcy ° Marsh and Co., and the 'discovery that the transfer bad been made by means of forged powers of a tto rne y, S tone an d his " e , - , trustees, the petitioners applied to be at lib er ty t o prove the saw of 16,0001. under the commission ; but .the Commissioners, re ' fused to admit the proof, upon the ground th a t th e transfers ° f the stock not having been effected by legal instruments, tsatit the contrary, by instruments whi c h t urne d out to b e f or getse-' the stock remained for :the original proprietors, who copse' quently had lost nothing, or who, if they had lost Leant had their remedy against the Bank of England. The Solicitor said he understood that the resistance of the petitiime e r . claim to prove their debt unde r th e c om m is s i on Was founu e upon the cleetrine laid down by the Chief Justice of mon Pleas, in a eese. or " Davis a. the Bank of England." ' l _7 o case he had not read, and therefore h e , cou ld n o t conce lye• o 7,„„ what principle it had been d e t erm i ne d, t h at a Baretting•hc°'" e who had received the. actual hard money belonging to:ou'r e persons, were not to be called upon to make restitution, tue e re because they might have been themselves divested of "the F t° ,. perty by their negligence or the criminality of one of the a lte ners. In the present case the firm of Marsh and Co: had / M I .the touch and grasp of this physical substance—the 16, 00 "" ; „, hard money ; they had had the corporeal touch and posses;, of it ; and yet he was to be told that, by the effect of the degs l 'a of the Common Pleas, that touch or grasp was to be considelt as aerial and fugitive, operating no liability .upbn the firft' the hankers so possessing themselves of this money by tbefra.m; and forgery of their partner, and was to confer on the Patt`,c' who had been defrauded, no right to claim or recover their ps; perty of the partnership 'by whom it had been possessed, or , the event of thei r b an k ru pt c y, to prove the.amount undei e commission. ' The Learned Solicitor proceeded to state th a e , the facts contained in the petiti on were f u ll y su p po rted, affidavits. e . HEALD here interrupted, by stating that the case: cot supported by any oflid a eit s w h at e ver - t h e r e 'w e re nothing but the examinations .of certain persons taken before the Col'' , missioners, and he insisted that before this case could be lowed to proceed those exam i nat i ons oug h t to +be turne d in'. the shape of affidavits. The.Lehue Ciemecientott„obserVed. e that if it should bA fotind necessary to tart the examination s into the form of e fl davits, it might. be done hereafter s but for the present thi.De' -- way would be to let the case proc e ed. • ~4 The sULICITORZEgEItAL'arguedV that nOtw,t..e stal3do the liability of the Ilenk of Englund tp trmke.good this ito p c t still the petition ers had a r i g h t to p rove the amount ,•,sd-•, against the estate of Marsh and Po. • Mr. Hoax>r follOWed on the same - side, observing, tha t vesting this case of that sor t of i mportance. w hi c h veos attac"ep to the ;dime of an unfortunate individual, it ant but a sil t! , question of appeal •to 'his. Lordship from the judgment of 0, UommiSsioners, who .had refused to l e t th em p rove undere .a ie, bankrupts' estate. The Learned 14entl eman re -et a t e d the facts , and supported by acielitioaal arguments those. which had a:chin - Ceti tif the Solicitor-G e n er al, f o r t he purpose o f stiet7 e that this was a debt provable tinder Marsh's estate, hotlY, t ee standing the liability of the Bank - o f Eneand _to replan ` o eie money transferrefil by means of forged instiurnenta, Serjeant BOSANTQUET eaid, that as representing recs - e l oti terosts(of tbatank - "of Erfgland, it was hh 'duty tcan t l4 t:',W the rights of the petitioners to prove their debts; he sOltrP e r,,, to admit that the proof was intended to be made tot the civt`,4o ofthe,Bank of . Englund, who. bade inetiersaleee to . sepliteee r e4 money, arid whd by nieans of such preofi eug ht Net:Ana:ln ineleneseity fote the loeties they had sustained - by , the transi tioni of the late - MI. Fauntleroy. The Learned. 50 47 applied himself to a n swer i ng an objection whfclf: e ee stood, was ipteoded to be brought fortva4.. • The, obleT•' o . Was, that as the claim on the part of the' petiti o ners . a rose of a erect - tit:al eptifeloreious„ trepeeetion, the .Cport cqui t . 4 ,l4 ' To spew the instability Of th is Objection he srw er 'tig cite i re number of cases;, eliewing'that the ri g ht o f proPPros ~ not taken" away by the commission of a f e l on y, b ut that, c',17610 contrary, the party rgblied might at a ny . time redaiill:tith' s rt d possession of his stolen property or geods wherever, he .046 them; or might maintain an a ctio n Of trover agairst . th'e unjustly maintainhig them. With reference to thiepOiPt.'" — the eases were cited from Rolls Abr., 'Winer, Hall's Pleas ei te i l s Crown, Souders, Noyes, .Sir. Wrn. Jonses,, and,yarieitts RepOrterA, imaintaihing the PrinciPle at considerable lengo with Wt skil and ability As a lawyer. ,A Oq Mr. PHILLIZI e I ORE and Mr. DICICERsTETH were hea rd the carne side - • - • •• • •0 5 ' Mr. HEALD addressed the Court on behalf of the aisit e a e agi The bt;sis of hi s argument was; that the partnerehip . of it and. Co. never had the possession of the. money at had nev er beery plated to the account of th e partnership- Apr ther it had been . exclusively appropriated to tliejlie-efe tleroy hirnaelf, Was a question he could not de t ermine,; uloas. conceiyedit •to,be a'suffieleat answe:r to the•preseni wpPlict thin Cr, e tel sums of 6,000/. and 10,000/. he e d been dte l " . .e;rg of the banleingt-housa o f Me r ti n and Co. , withotit ever h't been tran s f e rre.tf in to the firm of M ars h and Co. ee Lerit Mr. Po naocic was beard on the same side, but as he 710 e concieded ,his argqinept by the time it was near t , his Lard4hip prevenfed,hiin from enteTing•upOp tbesitbs,-cm4 the eSarrilnations *taken ,under: the ,bepttruptcy, - steti p ,g e i tal tvolil4: himself Pei-rase then, „cearefuilye as he considered I„, ° nine 'and' itheiorfarti . quesiionS hinged Upon the e pactwf e pressione contained in them. Lordship then desitv' e matter might be f ur th er - heard op Wednesday, ,a,;a the meantime, tire eratiiiMttiOns should be put in ttiej‘ ll. of • , COtiRT OF IKING'SI,3tCII; :Adjourned -Sittings after Barer, Term. ~ &fere trio". JUSTICE and. a Comnion Jury.) This day, pursuant to ,e4,tourti.Pacht, the 4•?oltr 4- 4' e ve . Jul''. ten ' eesonred his Sitti ng . at Prims ? and Cyiet! causes, none of which po.4 . qe"setl . tureipiiblie itrtere •Op Saturday, the 9th inst., 131ri.1 ajaittin Lyon c 0 r of, a dagghter. ; ' On tha7th ins; Cockaitny-house Fifeshire ttie, Lieut.-(3o1one1 IVIO - whray, of a snn. ' • ' "•- • )0 6 ' the 7th inst., at Tynemouth Church, Northumb;. c iort by the Iteverend the Vic ar , P an i e l Stephens, Esq., to Jere, 4 toprgqst ~flaughter of Wiliiam •Aletcaltz, txietith' Ouse, ' " • " Q4 . tbq,lith iast., at the parish ,chu:ch of §t,' 0' Mt. ',lames — glad," of • Norion-falg,ate,::to daughter of ?15.,Fraticis Jolt, e l :ol3.Broad-stica.., On•Satuidiy;tlie 9th inst.,atistriktiiii t hili""ch;q l fir: „ n g,F 4 Calvert ,ciiatin, .sutge,on 2 , of .isii.vori f • daughter orlili.•Cliiirliii•HavVaid;'of 'Blitto ls : On the 7th inst., 'at St. St6phefeti"Colethan, Mr. Jo, la ii n atite r wen,. of Giest E astc h eo , to, Al i ts Piiteth, • Oi rci ;Tera °P. of 'the rate Mexander . Di t .Croisq.; bf . idok-streOs , 1)T 1:1) ' ow , isi i On Friday morning, the Bth - inst., Eit'lrilton•loug e l o te,° Tauntort, ; Ann, wife of Alexander Thomas Cox, I:sq" putney, Surrey. oot h.4 ' ,On the ,94A Inst., , at Snaresbrook,. ~,t E ssex , a ged V 2 `— George Sn4, 4 rlo.foo t i, only eitild,of :John Uspper, Es (- „ 0 On the Oth inst., at, Hoxton, Mn.s Robertson, aged /h e 1 4 l'a yea Y i es o t t er 4 44 6 l :B4e llt i le u rliou K se ern in bi ' c Gain . wihderowweloii.grtheeveia, late pi‘viir Kern hie, O N . - ' Of', Oa 61.wday, the 10th inst., in the „War year of his 6 g c seS l ' Moines GoilissOn, of the boiough of Southwark; hop and factor.". - . . stle fli On Sunday, the 19th hist, Miss Sarah D.uby, Per c y , nedf9ixt-struare, agsd 70. _......./--- . . Aial)l4ll,e4 for PAPPR LE T ° .2 AO' , 71 ' 0 FICE, 112; Strand, by J. B.