The Sun. — London, England, 1827-11-10 00:00:00

SPIRIT OF TU PUBLIC JOURNALS. It is now understood that Lotd Stowell's-in tention to retire from the fatigues of his high judicial situation at the,Court of Admiralty, will be executed. We know not whether his Lord ship may have had the celebrated example of the Archbishop of Granada before his eyes, but he has certainly not suffered himself to fall into that prelate's situation ; for few judginents of his younger days were more clear than that given this week, in the case of the slave Grace, though his Lordship was obliged to use the physical 'organs —the eyes and voiceof another. y To himself and his brother, Nature has been extremely in dulgent : they have' also cultivated her gifts se dulously, and relied with confidence to a late period on her undiminished support and favour. Towards the conclusion of that judgment, his Lordship remarked upon the talent and energy exerted by Dr. Lushington..in support. of the cause of which he Was the advocate. "It can not be denied," said (or rather wrote) his Lord ship, " that cases have been mentioned by Dr. Lushington, I know not to what extent they prevail, but in any extent they are cases which must excite the sympathy of every considerate man, and call for remedy to be administered by the mother country, if it be not supplied by the colony itself." We hear, however, that before application shall be made either to the Imperial or ,Colonial Parliament, an attempt will be made to reverse the judgment by an appeal.--Times. We -observe that the Recorder yesterday gave the late Lord Mayor credit for the : proceedings against Taylor. That these proceedings should be warmly eulogized by the Recorder was to be expected. Laudarz a laudato viro, is of course quite in point in this case ; and the praise of him who has acquired such laurels of late, by his improvements on the Twelve Judges and the learned Phillips, in matters of evidence, and who cut so adMirable a figure in the Meeting of the Court of Aldermen, on account of the judg ment and temper he displayed in his commerce wtth Mr. Sheriff Farebrother, must of course Alderman Brown with inexpressible delight. Who would not be. Alderman BrOwn, to be so bepraised by Recorder Knowlys ? It is curious enough, that tkere is hardly a newspaper in the enjoyment of public regard throughout the island which has not condemned the prosecution in question as objectionable both in principle and in policy. If opinions of a dangerous tendency are to be repressed by the pains of law, we open a door to persecution, and sanction the principle of the Inquisition. Men of enlarged minds will never sanction proceedings which involve the principle of combating opinion by any other means than reason. But Mr. Recorder, no doubt, thinks that lie and Mr. Alderman Brown are the very props of the Christian Religion, for he talks with a tone of protection of " our Blessed Saviour." He reminds one very much of one of those officious persons who are con 4stantly thrusting themselves on great men, and who endeavour to make themselves of conse uence by finding out individuals w h o h ave be en deficient in respect, or deference,_ or obedience towards them, and offer their services in order to :indicate their offended dignity, But why do we occupy ourselves with such men as the Recorder or Alderman Brown ? Morning Chronicle. The Catholic Bar of Ireland, as they choose to call themselveS, must be the most ridiculously self-important _people upon earth to make their attendance or non-attendance to the levee of the new Lord Chancellor a matter worth a moment's writing or talking about. But so it is—and we are told, with the most ludicrous mock solem nity, that Mr. O'Connell and the other' spouters of the Association, after grave consideration,.ac tually determined to honour his Lordship's drawing-room with their wigged presence. The very raising a question upon the subject shows Cite cloven foot, and the hostility with which they are ready to assail the new Law Chief as soon as they can find or invent so much as a shadow of excuse for so doing. Yet these are the people who profess.to preach up conciliation, and wish to heal, as they express it, the wounds of past misgovernment. They profess, forsooth, to be scandalised at seeing an Eitglish lawyer placed at their head. If Irishmen were excluded from office in En g land, there might be some excuse for , this spirit of nationality—a spirit, by-the-by, wliiGh speaks but little for that liberalism of which the Irish orators make so much boast. But sup- pose-they had declined attending the it have bee Chancellorn,'s levee, of what consequence. would or who besides themselves would 'have cared one farthing about it ? It would, to be sure, have been a gratuitous insult offered to a per4on who could have given there no offence,and, as such,would have marked pretty intelligibly the wisdom, the spirit , and the discretion of those who hold themselves up as models of all those qualities. Really eon is tired of incessantly , seeing people standing in their own light, and in the light of those whose interests they profess to have at heart. OP this occasion, the very agitation of the question is ktii , surd, senseless, and contradictory in the extreme. Their complaint against Lord Manners was, (whether well grounded or not we do not stop to inquire) that he was a political jute; Now we admit that such, if it were the case, was an evil. But is it the absence of political feeling abstractedly that they wish for ? No ; provided they could have a Chancellor of their own poll mics,, they care not how red hot his zeal may be. Sir Anthony Hart's life has been so wholly pro fessional, that his political. leanings, if he has All y, are scarcely:known to,his nearest ,eonnec /ions; He is evidently sent there with no.poli. L i ca .' bias or object ;and in that respect, indepen- 1 (len d, o f his professional attainments , is just the sort of pa w)) who, if the Catholic Bar were sincere, they would wish to see on tha Wool sack. Yet what is the first proof they give of this sincerity but to debate, m solemn conclave, whether they shall begin by offering this learned person a marked slight and indignotity, m 4 okig vas t merit to themselves for n doing so? Though the new Lord Chancellor has, we dare more urbanity and good sense than to mark this conduct, it will not fail, we itosine, to put him on his guard against the deceptive qualities of people, who, in the spirit attributed to the worst class of their countrymen, in some of our old comedies, would rather pick the most ground less (panel than have no quarrel at all.—MOr);•- ing 'Herald. The new L or d Mayor gave leis inauguration dinner yesterday, and every thing appears to have been conducted on a scale worthy of the splen dour of the City of London. The company too was of a highly Arairacter, and the cross table; was — `''''' ' 't,T v l7.--resence of his 11.4al nig* p - r• ~ ' ace , and his Grace ;fP" , ,:ik s t c - IA . !.,• - rfp --- ~-. ,• 4, .`gip - r ing to -.4 ii.,ftlis gratify pf Engliiiikennkkl ' tlie 'Throne - --:- t • l ' ' 4.aiiil patriotic 4 1 . 4 . 44 , 43"'''' • 1 - 1 ) , ,, i ,y) .14,/zi Warrior of the age paving 'such a tribute to in tegrity and worth. The present Lord Mayor, is precisely one of those men who have a right to entertain and . to express - their opinion on public characters. Enriched by his own talent, Indus tiy, and integrity, he has not only a large stake in the prosperity of the country, but he may fairly be supposed to be able to appreciate the merits of the different candidates for public fame. The admiration he entertains for the illustrious - Wellington may readily be conceived from the few but ardent remarks he made respecting his, great services. The remembrance of the citizens of London (we mean in the genuine acceptation of the phrase) entertain of those services, was also pointedly tyinced on this occasion. No sooner was it known that his Grace would be present than hundreds expressed the utmost anxiety to see . him ; when his name was an nounced the immense hall rung with affectionate applause ; and when his health was proposed, it acted with almost talismanic influence. The tribute of admiration was genuine, and not to be purchased.- Did the Duke of Wellington pos sess no extraordinary talents but those which rescued Europe, and have hitherto made him in vincible in the field, great would be his claims on the gratitude of England ; but happily this is not the case, for in the cabinet of peace, as well as in the tent of war, his superior genius is still " A tower of strength which th' adverse faction want." -Morning Post. We give, in another column, the prospectus of a new Bank, an imperfect copy of which has • been privately circulated for several days, and has, in fact, been somewhat prematurely published by several of our contemporaries. That which we are enabled to present, it will be seen, differs in many particulars from that which has appeared ; and containing, as it does, not the first crude thoughts, but the deliberate expression of its authors' views, affords a fairer and more legiti mate subject for criticism. . From its anonymous character, it is impossible to say what portion of the capitalists in town or country mean to give the plan their support. Neither can we be cer tain, for the same reason; whether this be the in tended establishment to which we' already al luded. Although, in the absence of any other candidate for public patronage, we are perhaps justified in concluding that it' is. It is not our purpose to enter into a detailed examination of the scheme, some of the positions of which we con sider to be hastily,' and some ignorantly assumed. The prospectus sets out with professing its object to be to give a solid provincial currency to the country; yet, throughout the whole of it, there is an attempt to hold up the present race of coun try bankers, as not only injured, but ilkised by the Bank of England branch banks. We profess we dO not understand, if a solid pro vincial currency be a desideratum, why an attempt to give it to the country should be mat ter of blame in the established, and matter of pra i se , i n theprojected Bank. The assumption, that loans to Government, or advances on mort gages,' can ever produce an excess of currency, betrays ignorance of the first principles by which the circulating . medium is regulated. It seems to be the opinion of the authors of the pros pectus, that when Government, or an individual, obtains a loan from :the Bank, the latter has only to set its steam engines and branch stampers to work, fabricate four or five millions of notes, and hand them over to the Chancellor of the Exchequer, or the thriftless landholder, as the case may be. And, doubtless, were either of these parties to lock up the notes in their strong boxes, instead of paying their debtors with them, such a plan might be practicable. But is it not very obvious, that as soon as any quantity of bank paper, beyond the demand of the public, it matters not how much, gets into circulation, the excess must immediately return to the Bank? Were it, indeed, possible, that all the efforts of a hank paying its notes on demand in gold, could force on the market more paper than it required, the establishment of an additional bank would, of necessity a gg ravate the evil. The proposed Bank, we are told, is not to interfere with any description of business injurious to the interests of the existing town and country bankers. In deed, it would be difficult to say what business it means to carry on; for the projectors, although this is not said positively, conceive that it ought to issue no notes but in lieu of others withdrawn from circulation. It is not to receive deposits, not to practise agency, nor to discount—what are the banking functions it means to exer cise, and whence are its profits to come ? Through the haze two objects appear in distant perspective :—one, to unite all the Private Bankers into one great Joint Stock Company, of which they will henceforth, in reality, if not in form, be the branches ; the other, to accom modate the Country Bankers with National instead of Bank of England paper, in the way proposed in the circular published by one of the Bank Di rectors some time ago. What connexion sub sists between either of these schemes and a sound provincial currency, we do not pretend to dis cern. A very tempting lure is held out to sub scribers by a reference to the profits that have been realised by banking in Scotland and Ire- Jam! during the last fifty years. Could we be persuaded that the agriculture and commerce of the country would be as far advanced beyond their present condition, in 1870, as their present condition - is superior to what it was in 1783, we should allow the valitity of the appeal ; but on that head we are somewhat sceptical. The plain -English of the whole matter, could men, and especially projectors, be content to employ it, we take to be this ;—A Banking-house in Lon don, a highly respectable one, happens to have some three or four hundred thousand pounds which it cannot turn to such account as is desi iahle. A plan of a general Bank has been sug gested, we cannot say whether wisely or not, for we have not data sufficient to enable us to come to a satisfactory judgment. Like all other projectors, the parties in question are most disin terestedly benevolent—they have no wish, po object, but to serve the public ; as for serving themselves, they would count it a waste of time to bestow a thought on it. If the plan succeed, which it may, the public will be secured, as far as its jutgro i ts and those of the National Bank ran parallel ; when they cross, the public will be left to its own resources, as it always will be in analogous cases. There is nothing wrong in all this, The principle of repulsion is as necessary as that of attraction for the clue and orderly motion of mortals as well as of the globe they in herit.—New Times. THE ORIGIN OF THE APPELLATION BO ROUGH.—The word Burg or Burgh, in Saxon tneans castle ; hence towns anciently erected in the vicinity of castles for their protection, had This name conferred upon them, and the soldiers ,;11 0 garrisoned these were called Burghers, so the inhabitants of these towns received the same name. These also being formed into a commu nity, th e constitution formed for their regular government was denominated the Borough Laws. NATIONAL BANK. 1. To give a solid provincial currency to the country; of such an unquestionable nature as shall leave no pretence .for the interference of the Bank of England ; to afford the country banks such just and reasonable assistance on emergencies, as is afforded by the. Bank of England to the London bankers, — are the objects of the proposed establishment ; firmly discouraging every species of speculation, overtrad _._ _ _ ing, and unnatural issues; and guiding its operations solely by the legitimate wants of the country, and the prudence and solidity of the parties with whom it deals. 2. lt is well known that, at the period of the panic in 1825, whilst some of the great capitalists had every possible assistance afforded them by the Bank of England, not merely for their own wants, but such as enabled them to take advantage of the wants of others, the very best bills and most unques tionable securities were rejected, coming from in ferior parties (many of whom were thus involved in ruin), in consequence of the Bank having by .its loans to Government,, and its injudicious advances on mortgage, so far exceeded its ordinary issues, as to endanger its own existence. Facts to prove this might be multiplied without number. 3. Since this period, not less than two or three millions sterling, heretofore lodged in the hands of the priv,ate bankers, have been transferred to the coffers of the Bank of England, who alone have pro fited by the unjust and unfounded clam'ours raised against their opponents. 4. The loss of this floating capital to the bankers and to the public, who profited by it whilst in their hands, the establishment, by the Bank of England, of branch banks in the principal towns, and their avowed intention of paying the public dividends at these branches, leave no doubt of their ultimate in tentions. The eyes of the banking interest are, at length, opened to the danger of their situation. 5. For the purpose, therefore, of protecting to mutual interests of the London and country bankers from further encroachments, as well as to give a sound currency to the country, founded on the pre sent metallic standard, it is proposed to establish a National Bank, with a capital of five millions ster- ling, 10,000 shares of 5001. each, to be termed Na. tional Bank Stock ; to be under the management of 24 Directors ; viz., nine London and nine country bankers, and six managing directors (to be nomi- nated by the 18), whose whole time shall be devoted to the establishment. The entire annual expence will not exceed 30,0001. 6. The proposed Bank, if generally supported by the banking interest, will abstain from doing any des cription of business injurious to the interests of the existing town and country bankers ; not purposing to receive deposits or dividends, but intending strictly to confine itself to the objects for which it is to be established. 7. As the whole of the issues will emanate from the National Bank, which will be responsible for them to the public, the failure of any individual bank will not attach the slightest discredit to the cir culation in general. The security required of the country banker will be of a description convenient to him to part with, without unnecessarily cramping his concern, or lessening the protection due to the bank or the public. 8. In order to deprive the opponents of this measure of all pretext for misrepresenting the views of its supporters, it is explicitly declared, that the object is neither to cramp nor to in crease the circulating medium, but simply to place it on a basis of such solidity and steadiness, as shall tend to check those 'violent fluctuations of prices and property, produced by alternate issues and con tractions of the circulation, the most pernicious mode possible of tampering- with the currency of the country. It is further proposed, that the amount of outstanding notes shall be published monthly, 9. The country banker must be aware that, in the attack now made upon him by the Bank of England, the public will naturally side with the strongest, and consequently prefer a note which they have been accustomed to consider national, to that -of any pri vate bank, however respectable. Is it not, there fore,. imperative on ,him to place his notes on an equal, if not superior, footing ? To effect this, even at the expense of a temporary sacrifice, would be preferable, if by so doing he preserved his business; but, by the proposed measure, no sacrifice at all need be made. It is filir to presume that a national bank of unlimited credit and power, to avail itself of all fair advantages arising from political and financial circumstances, will make some profit by its business; witness the example of the. Scotch and Irish Banks. The present state of the Bank of Ireland at once sets the question at rest. The Bank was established in the year 1783, with a capital of only 600,0001.; it is now increased to three millions, after, paying the original subscribers 12/ per cent. for their money, whilst it gives them at the present moment 1,250/. for every 437/.los. money actually subscribed. The annexed official document proves this fact. 10. Now, presuming that 500 country Banks would each take only 10 shares, or 5,000/. stock; it would at once produce half the capital required ; but it is so evidently their interest to keep the whole in their own hands, that it is not unlikely,the whole will be taken. If, nevertheless, the whole should not be subscribed for within a stated' period; the public (who have already made numerous, applications for ►he stock) will be entitled to that benefit which is wished to be confined exclusively to the bankers : and'in that case it might materially alter the whole nature of the establishment. 11. No one can reflect on the various means now afloat for the extension of the circulating medium, without being convinced of the necessity of some limit being assigned to it; who can be astonished at the enormous amount of unemployed floating capital, when he considers that four steam-engines (for such they may be termed), are at work for its still further extension, The Bank of England ; 2. The Joint Stock Banks ; 3. The' Country Bankers, and 4. The Branch Banks of the Bank of England. Who can contemplate the probable effect of all this without Shuddering ? Is there not an absolute necessity for the immediate adoption of measures to check this dreadful evil ? Is not the country yet aware of the important truth, that every attempt to convert Property into a circulating medium, on an extended scale, as was endeavoured to be done dur ing the panic, must produce a violent convulsion ?- 11//ust,in fact, drive the Bank of England notes to a par with the French assignats. 12. So deeply are the proposers of the present measure impressed with a sense of the great danger to be apprehended in the prosecution of any plan by which the currency of the country may be affected, and so fully are they convinced of the great prudence to be exercised in its execution, that they conceive no notes of the intended National Bank ought to be issued, but in lieu of others actually withdrawn front circulation, 13. However disposed they may feel to do every justice to the private and personal characters of the twenty-four gentlemen composing the Bank of Eng land Direction, who can forbear being struck with the strange anomaly that, out of their whole number, not one has been educated to the . banking business ? One-third are junior partners in commercial houses, another portion are almost superannuated, and the remainder not distinguished for a knowledge of the common principles of political economy ; and yet these are the men taking upon themselves to regu late the financial system of the British Empire Ought the public, then, to feel astonished at the panic created in 1825 ? Or, that, during that event- ful period, when it was on the eve (as acknowledged by one of the Ministers,) of being reduced to a mere state of barter, 'the inexperience of such men should have led them to refuse the best paper and , discount the worst ?—to encourage and support the overgrown speculator, and refuse aid to the prudent and industrious, who were ruined for no crime of their own, but purely because the rules, regula tions, and incapacity. of the Bank Directors forbade their interference ! Surely it is high time some coun teracting power should be raised to save us from the consequences of a similar catastrophe. 14. To prevent its recurrence is the object of the proposed establishment. The public are driven to its adoption by a regard for their own security, and to protect themselves against the fatal consequences of the increasing mass of Bank of England issues, which rendersno distinction perceptible between the man of property, and the man without property; the capital of the former being rendered, by such mea sures, nearly unavailable for purposes of income. 15. One of the most important and striking fea tures in the proposed 'undertaking is, the opportu nity now afforded of effecting "An entire union of the London and Country Bankers in one common inte rest," to counteract the unjust and tyrannical mono poly of the Bank of England; whilst it will furnish to the country banker using the national notes, a currency much cheaper than his own (probably cost ing him not more than 1 per cent., including stamps, paper, and printing), with these decided advanta ges, " that he will be under the necessity of keeping a supply of ready cash to meet hisnotes either in town or country." That he will be exempt from the possibi lity ofall runs to affect his lodgments, ( the certain conse quence of a run upon his notes), and finally, be se cure from all the forgeries incident to his present circulation. His business may thus become to him a source of pleasure as well as profit. 16. Should this plan, however, not meet the ap probation of the country bankers, anothe,. is prepa red on the principle of retaining the circulation as it now stands, and merely substituting the national for the Bank of England notes in the drawers of the country bankers. As the principal merit of this plan consists in the gratification it may afford the country banker of still continuing the power of making his own notes, without remedying the sup posed defect in the circulation, by controuling his issues, or affording the public that security they have a right to expect, would it be wise to oppose the prejudices of the people, the Government, and the press, when, by the adoption of the measure now proposed, all the points so ardently desired by the nation, can be accomplished ? Would it not be liable to the interpretation, that the bankers were looking solely to their own interest ? 1. One million sterling will be lodged at the place of establishment (out of the five millions subscribed), to be• increased as the Court of Directors may deem necessary. 2. The amount of circulation apportioned to each country banker will be determined by the Court of Directors, who will endeavour to regulate it as much as possible by his present issues, contracting or ex panding it according the legitimate wants and soli dity of the party. 3. The national notes will be made payable only at the place of issue, but they may and will be paid by any banker in London favouring the establish ment, amongst whom they will, probably, pass cur rent like the notes of the Bank of England. 4. " Method of Exchanging the Circulation."— Upon a credit being lodged in London by a country banker on account of the national bank, the out standing notes of such, country banker will be paid (to the amount of such credit) either at the esta blishment or London, or exchanged for Rational notes, as may be desired. _ _ , 5. During this operation of the exchange, credit will be given to each country bank, to the full amount of national bank stock it may hold ; beyond this, remittances must be made to the establishment, or the London agents, to insure a further supply. SUMMARY. Now there are four parties whose interests will be in creased by the proposed undertaking, viz.— ]. The Country Banker, 13. The'Public, and 2. The London Banker, 14. The Government. I. The COUNTRY BANKER, who will he under no neces sity of keeping funds in his drawer, or in the hands of his London bankers. 1. He will be free from the loss occasioned by forgeries, which sometimes compel hini to call in the whole of his circulation. 2. He will no longer be liable to the "formidable rival ship of Joint Stock Banks. 3. Nor will the Bunk of England have the slightest plea for the continuance of its branch banks. 4. He will save .the commission on his notes paid in London, as well as his annual licence. 5. He will participate in the profit of the whole amount he circulates, no advantage having hitherto accrued to him from his use of Bank of England notes. 6. He will be furnished with the same amount of issues he now has, and on the same description of securities that he has himself advanced upon, at half per cent. less on the amount of his circulation than he now pays. 7. He will be enabled to get his hills discounted at the market rate of interest by the National Bank, which will atfo B r . d him, on oi will he e m f e i r .e g e e n fi ci .o e n s i , e r v u e n t s y andneedful ala i. 1) 1 1 i - s o , te , c , tt l i i o i 1: 1 _ , , it is well known, commence with his notes, and end with his deposits. 11. The LONDON BANKER. 1. A most important source of profit will certainly ac crue to the London banker us . ng the National Bank notes (if a proprietor (f its stock), ital-e, as he must be, that he is a silent participator of the pi3st derived from every note in his possessiOn. 2. He will be freed from the ')le and expense of pay ingEi the notes of th e coun t r y b ai '` for which the trilling commission he receives is no con ation. 3. Above all, he will save Ins g nintry connexions, so valuable to him, from being destroyed by the monopoly of the Bank of England, on whom he will no longer be de pendent. , 111. The Puoric will have a sound and healthy circulat ing medium, free from every species of tampering, by the publicity given to the issues of the National Bank, as well as from the high character of the Directors . ; the poor will not be subject to loss by the failures so incident to the country circulation ; and,the rich will be free from those ruinous fluctuations in property to which they have been so long subject ; whilst the man of limited income will be enabled, from the general steadiness of prices, to apportion his expenses accordingly. . IV. The GOVERNMENT will at length have the satisfac tion of setting the currency question at rest, which the fur ther extension of Joint Stock Banks would render more difficult and dangerous than ever, from their unlimited powers of issue, whilst it would share with the people all the advantages to be derived from the rivalship of two powerful establishments. - STATEMENT REFERRED TO IN PARAGRAPH 9. 1783 Bank of Ireland establish ed with a capital of £600,000 (Raised at par I from the pro• 1 1791 Additional capital • 400,00 0 prietors , i n pro portion to their original stock. . 500,000 at '75 per cent. .1,000,000 at 125 per cent. 1797 Ditto 1808 Ditto 1821 Ditto 2,500,000 500,000 as a bonus. . £3,000,,000 Viz. Stock. .E. s. d. X. s. d. P 782 Paid 1791 Ditto 66 13 4 66 13 4 1797 Ditto 62 10 0 83 6 8 1808 Ditto 2OB 6 S 166 13 4 1821 Bonus - 83 6 8 £437 10 0 £5OO 0 0 Present value 500/. Bank Stock at 250 ............... 1,250 0 0 Deduct Payments ............... 437 10 0 Leaves a profit to every original sub scriber of 100/. of .£812 10 0 Besides baying received an interest of 12A- per cent. on the money paid for many years as dividend—say 50/. per annum. LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 9. FURNIVAL V. BOGLES AND CO. Mr. HEALD applied to the Court for a suspension of an order made in this cause some days _ago, for - _ the payment out of Court of money which had been paid in respecting the subject of the shit. His Lordship would recollect, that an injunction had been obtained restraining the defendants from selling certain shares in the British Rock Salt Company, which had been deposited with then for securing the payment of bills they had discounted. On that injunction being granted, the Court had made the order, upon condition that at the same time a sum of 13,0001. should be paid into Court. When the matter came on the other day upon a motion that the injunction might be dissolved, a compromise was entered into, when it was agreed that an order should be made for payment to the defendants of the 13,0001. It appeared now that the person who was present in Court on behalf of the plaintiff had inadvertently agreed to that proposition, or rather that he had in fact not agreed to it at all. The plaintiff was desirous that the matter should come again before the Court, and as the defendant had given notice that he should this day peremptorily call upon the Registrar to draw up the order, the present application was that the order might be sus pended, and a day fixed for the argument. The LORD CHANCELLOR said the application ap peared to him a very singular one. He remembered perfectly the facts, as well as the circumstances that attended the discussion. A proposition was made by the Learned Counsel who now applied; it was sanctioned by the solicitor, or by the person who represented the solicitor ; and upon being made, it was agreed to by the Counsel on the other side. Now it . was attempted to be set aside, on the ground that the solicitor did not intend to consent to the proposition. If he did not choose to attend himself, but sent some person with insuffici ent authority, or who had mistaken his authority, it was his own fault, and he must abide by any in convenience that might result from the conduct of is agent. Mr. HEALD said the clerk did not consent, he oh- jected ; and it was because he and his Learned Friend Mr. Knight thought, from the instructions then before them, that the proposition was the best that could be made for the interests of their client ,hat they took it upon themselves. The LORD CHANCELLOR said, if the clerk • had any objection to make, he ought to have made it in the face of the Court : if he did not he was bound by the proposition to which he had agreed. Mr. HEALD said, that might be the practice on the other side of Westminster, but he did not know that it ever prevailed in this Court. The LORD CHANCELLOR said, there could be no difference upon a point of this sort between the practice in this or in any other court. Mr. SUGDEN said, the case was exactly as his Lordship had represented. The LORD CHANCELLOR said, that in strictness, the point was clearly against the party making the application. Mr. HEALD wished to explain that the object of his clierit was, as he understood, only to prevent the sale of the shares. That accomplished, the sa crifice of what he and his friend Mr. Knight, con sidered a minor point—the payment of the money out of Court—he thought they might safely agree to. He had, however, been since informed, that in thinking so they were mistaken. After some further discussion, permission was given by his Lordship that the case might be brought on to-morrow. DEARLE V. BROWN. This was an appeal from a decision of the late Sir Thomas Plomer, when Master of the Rolls. The LORD CHANCELLOR said he had considered with great care the judgment given by Sir Thomas Plomer, and the authorities cited by him in support of that judgment. He was so much convinced of the soundness of the decision, that he felt at present no disposition to overturn it. He would, however, consider the case and give his opinion on this appeal shortly. COURT OF KING'S BENCH, Nov. 9. SAMUELS V. THE ROYAL EXCHANGE ASSURANCE COMPANY, This was an action upon a policy of insurance, valued at 1,7001., upon the ship Salmon River, char tered from Sierra Leone to London, with a cargo of timber. The cause was tried before Lord Tenter den at the last London Sittings. It then appeared from the evidence that the vessel • arrived in the Thames on the 18th of February, 1826. It was intended that she should discharge her cargo in the King's basin, Deptford, but the entrance to the dock being blocked up with ice, she was unable to eater. She was consequently moored to the chains of one of the hulks off Deptford, and the captain discharged all her crew except the apprentices, and then pro ceeded to London to communicate with his prin cipals. On the 26th of February it was attempted to take the ship into the dock by the assistance of some convicis, but owing either to the awkwardness or carelessness of those men, she was run upon the slips and perished. The question to be decided was, whether the underwriters could be rendered liable. The Judge left it for the Jury to decide the question, whether or not the voyage was ended be fore the vessel was taken into dock. The Jury found for the plaintiff. The ATTORNEY-GENERAL applied for a rule to show cause why the verdict should not be set aside, and a new trial granted. Lord TEXTERDEN—Take a rule 'upon payment of costs. THE KING V. vitz The defendant was indicted for perjury at the last assizes for Essex. The perjury was alleged to have been committed in support of two Excise prosecu tions. At the trial, the informations were found to vary materially from the indictment ; but the con victions under the excise laws having been pro duced, which recited the informations as they were laid in the indictment, the Judge suffered them to go to the jury as evidence, and the defendant was found guilty. Mr. GURNEY now moved iir arrest of judgment. --Motion granted. COURT OF COMMON PLEAS, Nor. 9. (Sittings in Banco.) BATTIMWS V. CAT.INIM. Mr. Justice PARK informed the counsel for the defendant in this case, who yesterday moved for a rule to show cause why a new trial should not lie had, that Mr. Justice Burrough had spoken with the Lord Chief Justice, and that the Court had in con sequence determined to grant a rule to show cause. LEVY V. MILNE AND DUCKWORTH. This was an action of libel brought by the plain tiff, who is a Jew and sheriff's officer, against the publishers of a minor periodical, called the Spirit (y . the Times, in which was published a number of verses, which the plaintiff alleged held him up to general ridicule, and were calculated to injure him in his professional character. These verses, it will be remembered, were headed " Levy the Bum." The case has already been twice tried, and on both occa sions the Jury found a verdict for the defendant. In the first instance, because they did not believe the publication to be a libel on the plaintiff; and in the second, because they did not believe the testimony of the plaintiff's attorney and his clerk, who were Called to prove that the defendants were the publishers. After they had given their evi dence, the Lord Chief Justice discovered a me morandum endorsed on the back of the publica tion, in the handwriting of the clerk, which he had made immediately after he had called on Milne for the purpose of getting an admission of the publica tion. This memorandum was in direct contradiction Of the evidence which he had just adduced, and be ing unable to account for the difference' when (pies dolled by the Lord Chief Justice, his Lordship left it to the Jury to say whether, after such a circum stance, they could place any confidence in his testi mony, and they replied that they could not ; and there being no further proof of the publication) verdict was returned for the defendant. :Mr. Sergeant ADAMS now moved for a rule t° show cause why that verdict should. not be set aside; and a new trial granted, on two grounds,—first, the the Learned Judge had misdirected the Jury ; 31 ' secondly, that the verdict was against evidence. Mr. Justice PARK desired to know what .evidenel was given by the attorney and his cleric. et Mr. Sergeant Ai?Ams replied, that they g l . l j , called to prove the publication. At the first toed the attorney (Mr. Charles Lewis) was alon e p 10 ,4 in the box, but in consequence of some observati?', made at the time on the circumstance of his be' ve l ' called to support the case,.he bad in the last c to rather shrunk from again appearing ; and in o rder d , avoid_doing so, he had sent his clerk to the &n')e ants. for the purpose of obtaining an admission of 1 , 0 publication. The clerk.at the trial was c alled I L prove that admission, but not doing so substaxitill' Mr. Lewis was induced again. to appear. It after his evidence, had been given that the 1 " e " - random was found. Upon hearing this, the COURT remarked strong terms on the impropriety of an attoole.ifv, sending his clerk to obtain admissions, when be h'ioe self was afraid to appear in the box without °tier one to support him, and they observed tlitit lot such circumstances they did not think the jurY be if acted improperly in disbelieving both, nor did to 3 Lordships think that the Lord Chief Justice, „a left the question of the credibility of the e /juel improperly to the jury. 11' Mr. Sergeant ADAMS insisted that there O s thing to contradict the plaintiff's witnesses. o ct After having consulted for a short time, the L' ° ," refused to grant a rule on the grotto(' of inisd,re•o tion; but were of opinion that enough had 1) 000 t '' to warrant a reference to the Lord Chief .1 05° ,1 1 e notes, in order that they might be satisfied that lit verdict had been given against evidence. Lordships, however, hinted to the parties tP t . r . , would be the better way to put an end to allY ther litigation this case, adding that they sli c) " think a stet processus would be most advisable. COURT OF EXCHEQUER, Nov. 9. a t' In consequence of their Lordships having' t °4l tend to the ceremony of receiving the new rio Mayor, &c.; no judicial duties were discharge fsw i c this court to-day, except for about a quart er ° h ot hour, during which Mr. Baron GARROW sat a few short motions. CONSISTORY COURT, FRIDAY, Nov 9. HARRIS V. HARRIS This is a suit for divorce by rea . son o f. ado lt i c , )' promoted by Mrs. Anna Maria Harris agaia't "jetr husband, Captain George Harris, of the in' s d . 1)/ came now before the Court on a question a s t°,l ''il admission of the libel, some of the allegatictere which were objected to. The acts of adulterY, s'the alleged to have been committed principally West Indies, where Captain Harris was in eOO- ~g e of the Hussar frigate. The libel alleged that st r ' ► ,. bo women were admitted on board the friga te, a the were considered by the Officers and crew Captain's " ladies," in particular Lady Smith, ''''l„/4- he brought in the Hussar from Barbadoes to v'„. land in 1826, and who lived in "'unrestrained I" tercourse" with Captain Harris during the °lgoe: and who was reputed by the persons on hO3! " another of the Captain's ladies ;" that 01 111 ' 5 ,,ith rival at Portsmouth he behaved to Mrs. flarr a ' 9 , o e coldness; and that lie took apartments ill street for himself and Dame Eliza Smith, 8 •: c . p the Dr. JENNER and Dr. LUSIIINGTON OPP°S-airfe, admission of 'some of the allegatiOns, as vag ue ' gular, and unprecedentd s Dr. PHILLIMORE and Dr. JESSE AP - til ettilY Mrs. Harris, contended that, under the c ' stances, the pleas were perfectly admissible- oitt Sir CHRISTOPHER ROBINSON, aftVr ret that a good deal of latitude should be allowt — c i t o case like this,' where the adultery was allege,ici have taken place chiefly in distant countries, 'ca. io a l e t g i e l t P : ; 1 ha re lady libel respect o in the u o t a f trefn"l° prevailed on board the frigate, amongst a descr''och of persons not very nice in their notions tie points. .0y; The libel was directed to be reformed ge itela t e , and wits subsequently admitted in its reformedsratlid It is proper to mention, that in this a nd all 0 1 , cases the report is, in the present stage ° f P o l t ° b e e ing ings, necessarily ex-parte, the defendant D . Is. permitted to dispute the truth of the allegat lot ------""""""'"---- r 0 brought to our office this morninir 1— Worcester .froar ver' Barley in ear, anti peas in fall blossom, werj, A quaker gentleman, covered with his be3,B: was once in company with a lady r ather too m oll ~,,,' covered, who drank to his " broad bottomed be 2 o, The Quaker having thanked her for the honour edictlity, observed, tilling up a bumper, "in return for thy ' MARIA, I drink to thy absent handkerchief." , elle ".' CLERICAL DI L ENI I\l A .—III recently r,,,. # e red m in m d u e l p e e n ndent with her do ing the fortunes of Mr. CANNING, we have had "G C to mention, more than once, the celebrated Geneo l S a c et , ' whose d youngest daughter graced with her hand, 5 %,, r , ° th it is well known of his public career. The Genead wnt was through life noted for P 13Y1 .1 06 owing to his extraordinary sucsess at a particular ~ t he obtained the familiar agnomen of :‘ whist - SCOTT. 11 "1 dower, the late PRO''' . 'reb Bth riches of December, 1776, this Gallant Officer died as 1- , 11 11 o f Cr es as years, at his seat of Balcombie, in the par is .v ill mil, North Britain. At that period it was cuso °l ' 1 / Scotland, when so melancholy an event, as the (ionise (!tto " muckle man" happened, within parochial limits, f.13r..010, clergyman of the kirk to pronounce a sort of f u nera l r , e , gium on the merits of the deceased, as they had he ti , po , emplified in his:past conduct. Among a grave a' 1 i „„fil ritanical people, like our northern neighbours, the p.,,,:i0, propensities of General Scorr, which in that austere gor{ ration had been the subject of n o trifling scautia r'' .ta the above task one of peculiar difficulty and irksomeneltii the Rev. PETER GLARS, the Minister of Crail.l d o g reat shrewdness, s' l , v e e d 0 worthy Pastor, however, to bu mour, which often F 0 1 : 1 c1 , strong spice of eccentric g predicaments, 01/ , v itt' extricate him out of embarrassin proceeded in strict con for o3 %d, t 0 eclat. He accordingly such cases made and provorov the historical recipe in draw a nicely balanced character of the dead Gel 01 0 hi s virtues against his frailties, Gard regularly poising working into a web of continuous moral anthitheses: ‘,, O A ' partial portrait of his late friend and patron. 110111,7rir proached the termination of his discourse, custom pre' deo, (perhaps in order that the auditory might the better ° jo y) their own fate, by comparison of premises and ceme l l tb e that the Rev. Censor should, at least, shadow. forVbeo d es tiny that awaited the deceased in another World, r 11 10 3 . 1. , Nlr. GLASS came to'this important point, lienude 311 , , emphatic pause;—and then proceeded with a sole'll'i, earnest tone in these words; • " my dear friends, "Is'cieos will na alloo me to ten', him to Heev'n, and mY c' t ' tio tl, , win'na let me sen' him to Hell ; but, do thou, ° sa l: thy infinite goodness tak him up ;' gie him a goo d 'ie,emo t I ' l ~e m the bottomless pit ; hut, for Christ's sa ke, di"o3 fa' in. Amen !" For this anecdote, which is liutli 70 pre'i and original, we are indebted to a gentlem an who '`' o pe l i sent on the occasion, and in our opinion it alford'iunui' the best arguments ever advanced in favour of the '7 doctrine of Purgatory !—Leeds Intelligencer . .................. ______ _ _. -- On the '7th instant, a:Chagfortl, by the Be y ' e MARRIED. Vi t tp 'ri : flames, Mr George Crucknell, of Watling-str eet/ of becca, only daughter of the late John Ileanes,k)q. - hampton, Devon. • • i fscl• DIED. p, au , On the Sth instant, sincerely regretted, Wm• —h ► t f / 4, e s , of Hornsey-lane and Clerkenwell, aged 64. On the 7th instant, at Fredville, in the county ° we, John Plumptre, Esq., aged til. bii" Oa the sth instant, at his residen ce in W° 4 f Bath, John Dunkin, Esq. aged 74. o f ° t, On the 30th ult., after a lingering illness of uP, OP e four years, which he bore with the utmost fortitii"%idetico John Langdale Sm:th, of the Boyal Navy, at hi' c ia e tiv ot! in Smith-square, Westminster, aged 60, deeplY o f by On the all who 4th kne instan w him t, in her 74th year, Grace . ifo l► rJi li 'oe . o f 0 George-street, Wool w ich, last surviving ilaugh:_evo t oi late i.llr. Samuel Ha rdin, whom she greatly re-e fictive benevolence end private virtues. t he PRINTED and PUBLISHEI , by M. YOUNG, SUN-OFFICE, No. 11., Strand. VICT UAL TiII Co Majesty' 1,4 THURsDAY, ready to rece i ve fkor th e supply c 4 Se of His maji lendar Months tiler until Six i Inination of the ' The c omiti, Each 'Fonder and be delivered and must lie ; ,ponsible Pers( Party tenderint performance of The Person on his b e h alf; 1 VleT tja FRE Co ll aisty's .:R uksuAy, t h, :° Feceive Tend ' 4 PPIy (0 11 ntß's. 4 m a . BEE] Jesty3 3 shin weiv e m mita , rnpbeltown hath at , 31.1. c a " b,,, ,vr ;" Nita?, Falmouth Greenock Harwich tiolyhead r.i n?stow n , T 11' be ; or b y a riPzouth P and Deal • and tom eat eat , } a , nd ° and be deli Tevnedre i ft ." 'twat b e „' rt sPonible Pe ay I rk 0 cmierin 'le penal f "et'a in the the respecti )11.Person 3 l'half; T EA- a t" TEA other lAMPI het CO VERS, F VENIS„ j ' EVAN' ILL , r lie h as ju: Peet useful , <'mworklll4l-Alt4, iele' s, per Cent, oolidl STOVE }IRE G 4 R,l to litc l N o b;s \Vi m. L. sor IN Poo wicli 41 brQ berb, I s r ? 141) 11ri ore "I. X. " 141 itia e4r en. 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