The Sun. — London, England, 1825-01-28 00:00:00

Ilication, the Government in Council will be under the necessity of directing you to quit India without delay. 3. Although the general nature of the mis-statements corn. plained of has already been communicated to you, yet to leave ho ground for pleading ignorance of the particular passages misrepresented, the Governor in Council has. directed the fol lciwing to be communicated. It never was asserted, as is reported in the Gazette, th at " there was no doubt that it was tho daily practice for the At torney-General at the direction of the Court to file informations for these kind of offences." ' The statement of Mr. Shaw's case, which was brought for -ward in illustration of the opinion g iven from the Bench, that a contempt, such as the Court ought to notice, might be com mitted within the precincts, although out of its immediate view, is represented in die Gazette as if it-were solely introduced for the purpose of censuring Mr. Shaw, and the whole of _the.rea-, • zoning founded on it is omitted. The repeated declarations of the Court that there was no in tention to treat Mr. Shaw with harshness are omitted, and the etiole of the latter part of the proceedings, in which he was shewn particular indulgence, is suppressed. The result of these omissions, together with other passages imperfectly re ported, is to produce a false impression as to the temper and f e elings of the Court, and this effect is still more directly at tempted by an allusion to the personal demeanour of the Judge --on the Bench : such an allusion, which in all circumstances .would have been disrespectful, and which was entirely •unne eessary in reporting the case before the Court, could only have been introduced for the purpose of lowering the character of the Cccat, and is considered by the Governor in Council to be peculiarly reprehensible. 4. The precise mis-statements which have attracted notice having now been. pointed out, the Governor in Council hopes that you will be ready to make every reparation in your power for them, and will relieve Government from the disagreeable raecessityof proceeding further against you. 1 have the honour to be, Sir, your most obedient Servant, J. FARISH, Secretary to Government. BombatCastle, 19th Aug., 1324. G. D.—TO C. J. FAIR, ESQ. EDITOR OF THR BOMBAY GAZETTE. SIB—No reply having, up to the present moment, reached me to the letter I was directed to address you on the 19th inst., I have now to express to you the expectation of the Honour able the Governor in Council, that the apology therein required will he handed up in sufficient time to-allow of its being sub mitted for the consideration -of Government, and if approved, returned, to be published in the - Gazette of Wednesday 25th instant. I have.the honour to be, Sir, your most obedient servant, J. FARISH, Secretary to Government. Bombay Castle, 3 p. m. Aug. 21, 1824. (CoxY.)—JAME&FAIISH, ESQ. SECRETARY TO GOVERN- WENT ? Bombay Gazette Office, Aug. 23, 1824. SlR*-I have had the honour to receive your letters of the 16th, 19th, and 21st instant, the last indicative of surpnse at the non-receipt of a reply to the one of the 19th, and commu -nicating to •me the expectation of the Hon. the Governor in Council, that the apology, which has been required of me, will be handed up in sufficient time to allow of its being sub mitted for the consideration of Government, and, if approved, returned, to be published in the Gazette of Wednesday the 25th instant. I beg that you will have the goodness to assure the Hon. Board, that my silence is not to be attributed to a disregard of the call you had been instructed to make on me, or in any dis respect to Government; and I cannot but indulge the hope that the Hon. Board will ,give me credit for the sincerity of this declaration, when it recollects that your letter of the 19th inst. had not been more than eight and forty hours in my possession when that of the 21st was delivered to me; and that I had in the interim to deliberate and determine on a matter deeply af fecting my prospects in life, and on which it was of the utmost importance to my future welfare that I should come to a right decision. I can safely and with perfect truth assert, that I entered on the consideration of this, to me, momentous question, with an earnest and anxious desire to meet the wishes of Government, to the utmost of my power; and I trust that the Hon. the Go vernor in Council will. in reference to the difficult situation in which I have been placed by his recent commands, excuse the detail which I find it neccessary to enter into at this time, in explanation of the causes which prevent my compliance with • his wishes to their full extent. The Honourable the Governor in Council, having been pleased to intimate to me in the second paragraph of your let ter, of the 16th, that he considers the statement of the Su preme Court to be conclusive on the subject of its own pro • ceedings, and that he cannot admit the production of any tes timony on a point which he considers- as fully establishet and to repeat this intimation in your letter of the 19th, with the further declaration, that he can allow no statement supported -by the authority of that Court to be called in question, it is in vain for me to offer any thing to the notice of Govern - ntent, in explanation of the alleged mis-statement in my paper of the 11th instant, or, indeed, to advert in any manner what ever to the proceedings therein detailed. But„I must, in jus tice to myself, take leave respectfully to state, that on under .taking to publish the proceedings of the Court—a task of no .ordinay difficulty in this country—l was influenced by a de sire to render my paper interesting and useful to the public, and a belief that so long as I felt, in my own conscience, that my reports were substantially correct, and that I could offer satisfactory proof of their being so, I could never incur the , :ensure of Government, or render myself liable to punish meet by any legal tribunal,- -I now learn, for the first time, that I have been mistaken in these suppositions, and that the Ace:oration of the Supreme Court is considered conclusive by the Honourable the Governor in Council, in all matters connected with its own proceedings ; thereby precluding any hope of exculpation or justification on the part of those who may, like myself, have .the misfortune to experience its dis ,pl,,:asure._ Had I been aware at an earlier period that such was the .opinion of Government, I certainly never would have exposed .myself to the risk, which, it appears, I have unconsciously incurred for some time past; and I confidently appeal to the justice and liberality of the Honourable Board, in support of my hope, that it will not give retrospective operation to a deci. sion which it was not in my power to have anticipated, and for which, consequently, 1 have been altogether unprepared. It is far from my desire to seem to offer resistance to the au thority of Goverment on any occasion : my habits and in =clinations forbid such a course ;—and in the present instance it is more particularly my interest to conform to its wishes ; but feeling that my situation at this moment is one of peculiar .difficulty, and conscientiously believing that my report of the proceedings of the, fith instant does not deserve the character -which the Court has attributed to it, and confirmed in the opi nion by the testimony of many of the most respectable persons in the settlement , who were present as well as myself on that occasion, I really feel myself at a less how to draft an apo l(agy, which.l could hope to be satisfactory to the Honourable l:cerd. But if the Honourable the Governor in Council will do me - the favour to allow of one being transmitted to me, in such terms as he play think adapted to the circumstances of the ,case, savinic my conscience, it shall have the best and most at tentive consideration on my part, and shall be published with , out delay : Of:it prove, as I trust it will do, of such a nature as I can give to the world consistently with my character as a Gentleman; and. a.man• of veracity. In the meantime, as I have ascertained that some conversa tion took place in the Court between the Bench and Bar, sub sequently to Mr. Irwin's moving that Mr. Shaw's recognizances - might be entreated, 4Pld that Mr. Shaw's being allowedto an swer may, perhaps, be the indulgence to which allusion is made in your letter-of the 19th instant, Ide myself the hon our to enclose a statement of that conversation, taken down at -the moment; and shall be happy to give it a place in my next paper, with an expression of regret for its omission in that • - of the 11. th• instant, if its insertion in Wednesday's paper meets the approbation of the Honourable Board. I have the honour be,-Sir, your most obedt. Servant, C. J. FAIR. Mr. Iwatti moved that the recognizances be entreated. It was granted, and the motion paper handed• to the officer =by Mr.-Irwin. Air. ADVOCATE-GENF-14.11L stated, that perhaps he was in -coudition to she cause in the first instance, and lie would be entitled to do so. But he would only take the liberty of saying, that Mr. glivf had never any intention of declining to answer the interrogaiorlds: he only wished to have the opportunity of appealing to the Court first, to know whether they were legal and such as he was bound to answer, and he acted in that re spect by advice of Counsel. He had, now heard the order of Court, to which he of course deferred, an d h e was rea d y to.an , Swer immediatel y. Mr. Justice Cit.,trEns —I think, as it appears that Mr. Shaw acted by advice of Counsel, he is not, perhaps, to be -considered as contumacious, and I think he may be allowed to answer. Mr. lawn( asked if costs should be paid, and suggested th a t ,pexhaps the Court would hold that the King could not receive Mr. Justice CHAMBERS said no. I believe it is a rule that "tile King neither pays nor receives casts. G. D.—To C. J. Fair, Esq., Editor of the Bombay Gazette. Sir—l am directed to acknowledge the receipt of your letter - of the 23d instant. 2d—The Governor in , eolincil car" perceive, in the sub_ _stance of this letter any trace 'of the matron which is conspi mons in the language. 2 4—The expectation that you would be alloyed to dispute atitOrily , (11 the Court co a point of fact relying to its. own proceedings, and to refute its statement by the counter state ments of some Gentlemen, among the by-standers, appears to the Governor in Council so unreasonable and so inconsistent with the dignity of a Court of Justice, that he cannot believe you to have seriously-entertained it ; he therefore regards the declaration, that you would never have :undertaken to fur nish reports, if you had not eXpected, to be allowed that mode of justification, as rathey' a fresh mark of disrespect .to the Court, thanitionid for , overlooking that formerly com plained of. 4th—The Governor in Council cannot discover in your re plying to his desire that you would send a draft-of an apology for his consideration, by requesting that he would propose one for your's, any sign of that anxiety to miet the wishes of Go vernment, which is professed in another part of your letter.— The Governor in Council observes, that.you have in this letter acknowledged a considerable omission, that on another point your accuracy in taking down the proceedings is opposed to the direct assertion of the speaker, who was a Judge on the Bench; and that the publication of your opinion as to the feelings of the Judge, even if it had been correct, was obviously neither re quisite nor -respectful. He is therefore ate loss to conceive on what groundyou can refuse to acknowledge that your report was inaccurate, and to express your regret thatit.was calcu lated to produce an impression unfavourable to the•spirit and temper of the Court, and an appearance of disrespect on your part to that Tribunal. _ _ sth—The - GoVeraor in Council expects that whatever apo logy you make may be so explicit, as effectually to remove the j impression above alluded ta; and ha directs me to inform .you, that unless such an ap?logy is 'immediately transmit- j ted to tie, he will proceed, without further notice, to remove you from this country.-1 have the honour Xo be, .Sir, your most obedient Servant, J. FA.RISII, 3 - Sec. to Gov. • Bombay Castle, Aug. 24;11r4• • - Bombay Gazette Office.; Auguit 25,1824. ,James Farish, Esq. Secretary to Government. Snt-.4 am honoured with your letter of yesterday's date, in reply to mine of the 23d inst., and having been so unfortunate as to add to the displeasure of Government, in every endea vour I have hitherto made to explain the difficulty of my situa tion, and remove the disapprobation of the Honourable Board,' I shall abstain from doing more on this occasion than enclos ing an apology to the effect you require, in the 4th and-sth' paragraphs of your letter, now under reply: and which T am , ready to publish either in an Appendix to my Paper of this date, or an Extra Gazette, if the Honourable Board should' so desire it. I regret extremely that it *as not in my power to trizlsmit this document so immediately as appeared, to be expected by your present communication, and can only assure you, as I have done in a former instance, that' the delay has' not arisen from disrespect to the Honourable ,the Governor .in Council, or disregard of his commands.—l have the honour to be, Sir, your most obedient Servant, C. J. FAIR. Copy of proposed Apology : In publishing a continuation of the Report of the Proceed ings of the Honourable the Supreme Court of Judicature on the 6th instant, which have been already noticed in the Gazette of the 11th instant, the Editor begs to state for the 'information of his readers, that the conversation which this continuation details, took place, after he supposed the proceed ings to be closed, in so low a tone of voice as to escape his no tice at the time, and that it ices not brought to his knowledge till a very recent period. The Editor avails himself also of this opportunity to add, that be has been informed froin high autho rity that his report was in other respects inaccurate, and calcu lated not only to produce an impression unfavourable to the spirit and temper of the Court, but an appearance of disrespect on his part to the tribunal ; he feels it therefore incumbent up on him publicly to disclaim any such intention, and td express his deep regret, that an impression of the nature hi has men tioned should have been created, by the statement published in his-paper of the Ilth, which it was his duty and his desire to make as correct as possible. G. D.—To C. J. Fair, Esq. Editor of the Bombay Gazette. (SIR —I am directed by the Hon. the Governor in Council to communicate to you that your letter of nth instant, and its en closure, has been laid before him in Council, and I have re ceived his directions to inform you,•that the apology offered by you is entirely unsatisfactory. 2d.—l am directed by the Iron. 'the Governor in Council to represent to you that the inaccuracies and disrespect com plained of are stated in the enclosure to your letter, as informa tion received from a high authority ; but that every admission of the• truth of the information is avoided with marked care, and that the only effect of the apology, if published with the sanction of Government, would be to confirm the impression produced by the former publication, and_to establish the right of Editors to reflect on- the personal conduct of Judges, without exposing themselves to the imputation of disrespect to the Court. I have it, therefore, in command from the Hon. the Gover nor in Council, to declare and notify'to you that you have, in the judgment of the Governor of this Presidency, forfeited your claim to the countenance and protection of the Govern ment of the Presidency of Bombay.; and 1 am by the same au thority directed to declare and notify to you, that, by order of the said Government of Bombay, of the date of this day,. thl permission to remain in India, which was communicated to you in Mr. Secretary Henderson's letter of tho 9th of Jan. DV, is withdrawn ; and also that by the same order any certificate or licence heretofore obtained lay you, or which may already have been granted you, orunder which you may have, before the date of such order, claimed to reside and be in the East In dies, is declared to be void, from the 34tth of this present month of August, which order I do accordingly hereby declare and notify to yqu ; and t have it also in command, from the Hon. the Governor in Council to declare and notify to you, that frotn and after the said 30th of this month, you will, if resid ing and being in India, be deemed and taken to be a person residing and being in the East Indies without licence or autho rity, for that purpose, and that you will be proceeded against according to law. I have the honour to be, Sir, your most obedient servant, J. FA RISH, Secretary to Government. Bombay Castle, August 28, 1824. Bombay, August 29, 1824. James Farish, Esq., Secretary to Government. Sir—l was honoured last evening with your letter of that date (28th inst.), advising me, in reply to mine of the 25th, that the Honourable the Governor in Council has been pleased to declare my licence to reside in the East Indies to be void from to-morrow, the 30th of this present month of August, and that from and after the said day, I shall, if residing and being in India, be deemed and taken to be a person residing and being in the East Indies without licence or authority for that purpose, and that I shall be proceeded against according to law. To this decision of Government I have of course no alterna tive but to submit myself without reserve ; but it is of so much importance to me to know whether I am expected to embark for England, by the first opportunity that offers, or if a reason able period will be allowed me to settla my affairs in this country, that I trust I shall stand excused for requesting you will have the goodness to obtain for me the necessary informa tion on these points, in order that I may not, by a longer resi dence in India than the, Honourable Board may think expe dient, seem to infringe the orders you have been directed to transmit to me on this occasion. I have the honour to be, Sir, your most obedient servant, • C. J. FAIR. G. D.—To C. J. Fair, Esq., Editorof the Bombay Gazette. SlR—Having this day received the commands of the Ho nourable the-Governor in Council of Bombay to afford my legal assistance in carrying into effect their resolution of yesterday, to send you to the United Kingdom on board the Honourable Company's ship London, except on conditionof your giving sufficient security before the 31st instant, that you will embark and proceed to Great Britain on or .before the 30th of Novem ber next; I beg leave to know, with as little delay as practi cable, whether you are willing to sign and execute a security bond with a condition of the tenor aforesaid, and whether you are willing to give securities (and who they are) to meet the proposition of remaining till the 30th of November., 2d., I:nder a full consideration of the circumstances of the case, I do not think I can propose a lower penalty than twenty thousand rupees for yourself, and ten thousand rupees for two good and sufficient securities, (tirilo must be inhabitants of Iltinbay), that you will, in the event of your acceding to the offer of Government, quit India on or before the 30th of next November. 3d. It has already been officially notified to you, by Mr. Se cretary Farish's letter of yesterday's date, that in the event of your ref Using to give the security now required, you will he sent on board the Honourable Company's ship the London, Captain Sotheby ; I therefore need not again urge the neces sity of an immediate answer to this letter.—l have the honour to be, Sir, your most obedient servant, W. A. MORGAN, Company's Solicitor. Bombay, 29th August, 1824. P.S. I am further directed to inform you, that the condition of the security bond is to be, that you are to leave India when ever required by Government so to do, on or before the 30th of November next. W. A. 111 ORGAN. Bombay, Aug. 31, 1824. To J. C. Fair, Esq., Editor of the Bombay Gazette. ' SIR-1 have the honour to enclose you a copy of a letter from. Mr. Secretary Farish to my address, and to request your im mediate answer.as to the subject marker therein contained. I have the honou r t o b e, Sir, your most obedient servant, J. R. SNOW Senior Magistrate of Police. Bombay Office of Police, 30th August, 1824. G. D."---To J. R. Snow, Esq., Senior Magistrate of Police. Six—T am directed by the Hon. the Governor in Council to transmit, to you the. accompanying Extract.from the ',Proceed ings of Government dated the 28th inst., in conformity with which 31r. J. C. Fair, the editor-of the Bombay Gazette, is to be sent to the United Klugdorri. on board the Hon. Company's ship London (Capt. Sotheby commanding),- which ship will sail on or about the 3d of September next, under the provisioris of the Act 43 Geo. 3. c. 255, s. 104, should he reside and be in the East Indies after the 30th of the present month (Aug). 2d. I convey -the commands of the Hon. the . Governor in Council that you give effect to the resolution of Government now communicated to you, acting in all respects according to the advice of the Hon. Company's Law, Officer., 3d. You will, however, l e t M r . F a i r kn o w . that he will be permitted to remain at Bombay for the apace of three months, from the 31st of this month, viz. until the 30th day of Novem ber next ensuing, if he-chooses to give security, that he will embark and proceed to the United Kingdom, at -the end of that time; and the Hon. Company's Solicitor has been directed to have bonds ready for signature with such penalty as he may deem sufficient, to be executed by Mr. Fair if he should prefer thatrourse. _ 4th. Notwithstanding your having given this intimation to Mr. _Fair, and his having assented to that course, the measures for sending him on board the Hon. Company's ship London are not , to be suspended by you, and you will be pleased to inform him, that unless the Company's Solicitor reports that he (Mr. Fait) has executed such a bond as the Hon. Company's Soli citor considers in all iespects binding and sufficient for the purpose, he, Mr. Fair, is still to be sent to the United Kingdom by the London.—l have the honour to be, Sir, your most obe dient servant, (Signed) J. FARISH, Secretary to Government. '(True copy) ' J. R. SNOW, Senio r M ag i s t ra te of Police. Bombay Castle, 28th August, 1824. W. A. Morgan, Esq. lion. Company's Solicitor. SIR--I have to acknowledge the receipt under yesterday's date of,your letter of -the 29th, advising me of the instructions you had received from the Hon. the Governor in Council re specting the carrying into effect of their resolutions of the 28th, for my transmission after the, 30th instant to the United King. dom e and propoiing to me certain conditions, on complying with which this resolution will be suspended for a time, and permission given me to remain in India until the 30th No vember next, subject, however, according to the postscript of your letter, to the contingency of being obliged to quit this country on or before that period, if required to do so by Go. vernment. For the fulfilment of this engagement you require security in the penalty , of twenty thousand rupees for myself, and ten thousand rupees for two good and sufficient securities, who must be inhabitants of Bombay. It is now my , cluty to state, that the security you have thought it right to require of me is of such a nature and amount, that I feel it not only impossible to comply with it in my own per son, but equally so in respect to the few friends I have at this place, and that I must in consequence prepare myself tbr the only other alternative left me, that of embarking to the United Kingdom in any ship, in which the Government may be au thorised to order me to proceed to that quarter. As it has always been far from my desire to seem to offer any opposition or evasion to the orders of Government, I trust that it will not require me to hold myself in readiness for embar kation, without giving me twelve hours' notice, and that in the :the mean time, my word of honour to oppear after such notice has been served upon me, and will be received as sufficient se curity for my appearance.—l have the honour to be, Sir, your most obedient servant, C. J. FAIR. J. R. Snow, Esq. Senior Magistrate of Police. Bombay, August 31, 1824. SIR-1 have been honoured with your letter of yesteiday's date, handing me a copy of one from Mr. Secretary Farish to, your address of the 28th of the month, and Ftake the earliest opportunity of advising you that 1 have been obliged to inform the Hon. Company's Solicitor that it is quite out of my power to furnish security to the extent and of the nature he requires, and that I am consequently prepared to embark in any ship to the United Kingdom, on which the Government may be autho rised to order me to proceed to that quitrter. As the execution of this latter part of the Honourable Board's coismands appears to rest with you, it may be adviseable for me to state, that 1 hope you will consider my word of honour to attend you for the embarkation at any time you may direct, after my receiving twelve hours' notice of your wishes, as a suf ficient security for my appearance when required. I have the honour to be, Sir, Your most obedient Servant, C. J. FAIR. To C. J. Fair, Esq. Stß—l am duly honoured with your communication of yes terday's date, and rest perfectly -satisfied with the assurances you have given me.—l have the honour to be, Sir, your most obedient servant, J. It. SNOW, Senior likagistrate of Police. Bombay Office of Police; Sept. 1, 1824. ; G. D.—To C. J. Fair, Esq. Editor of the Bombay Gazette. SIR—In reply to your letter of .yesterday's date, I - am di rected to inform you that the senior Magistrate of Police has received orders to send you to England _on board the Hon. Company's ship London,..which will sail on or about the 3d instant- but that if before the sailing of that ship you give full and sufficient security tb embark, whenever you are required to do so, you will not be ordered to leave India for three months, or until the 30th November next, unless you give new ground of offence in the interim.-1 have the honour to be, your most obedient servant, J. FA RISH, Bombay Castle, Aug. 30, 1924. . Sec. to Gov. James Farish, Esq.. Secretary to Government. Bombay, Sept. 2, 1824. Srit—l had yesterday the honour to receive your letter of the 30th ultimo, in reply to mine of the 29th, informing me of the directions that had been issued to the senior Magistrate of Po lice, for my embarkation in the Hon. Company's ship London, but that if before the sailing - of that ship I give full and suffi cient security to embark whenever I am required to do so, I shall not be ordered to leave India for three months, or until the 30th November next, urless I give new ground of offence in the mean time. The Honourable the Governor in Coun cil will doubtless have been informed that I had, previously to the receipt of the letter now under acknowledgment, been called on in one from the Honourable Company's Solicitor of the 29th ult. to enter into securities, which I found it impos sible to comply with, and that I had in consequence expressed my readiness to surrender myself to the senior Magistrate of Police whenever required. . I have since been made acquainted with the orders that have been issued for my transmission to the United Kingdom, on board the Hon. Company'S ship London, as a charter-party passenger, and having failed in my endeavours to obtain a cabin and accommodation at the Commander's table, at my own ex pence, I find myself reduced to the necessity of proceeding on a long, circuitous and uncertain voyage, limited to ship's pro visions and accommodation only, and subject, of course, to all the privations of a common soldier or sailor, for a period of ten I or twelve months at the least, contrary, apprehend, to the intention of the Legislature, unless the Hon. Board will so far modify the terms or security formerly required of me, as to accept my personal bond, binding myself to proceed to Eng land in such other ship as the Government may consider itself authorized to send me. I take the liberty to repeat, what I have already stated to the Hon.' Company's solicitor, that I have never intended either to opposdor evade the orders of Government on this oc casion, and I trust, therefore, that the proposal which the cir cumstances I have mentioned have rendered it necessary for me to make at thii time, will be, deemed satisfactory to the Hon. Board. I have the honour to be,. sir, your most obedient Servant, C. J. FAIR. Captain J. B. Sotheby, commanding the H.C.S. London. Stu—Understanding that orders have been issued to the Senior Magisttate of Polices, Mr. Snow, and yourself, for my reception on Board the Honourable Company's ship London, as a Charter Party PdS!,enger to the United Kingdom, and con cluding that I shall in consequence be limited to ship allowance and accommodation, I shall esteem myself obliged by your in forming me, if vou can make arrangements for receiving me at your table, and accommodating me with a cabin during the period I may be retained on board the ship under your com mand, for which I am ready to make such remuneration as you may think just and proper. I am, Sir, your most obedient Servant, C. J. FAIR. Bombay, Ist Sept. 1824,. 5 p.lll. To C. J;Fair, SIR—In answer to your letter of yesterday's date, I beg to state to you, I cannot conveniently offer you a cabin or the ac commodation at my table which you request. I am, Sir,'your obedient Servant, Sept. 2,1824. J. B. SOTIIEBY. To C. 3. Fair, Esq. SlR—May I request the favour of you to attend at my office to-morrow (Saturday), at 11 o'Clock, to embark in the Hon. Company's ship London, agreeable to your promise. Should your coining to my office not be perfectly agreeable, I shall be most happy to meet you at any other place you may wish. I have the honour to be, Sir, your most obedient humble Servant, J. R. SNOW, Bombay Police Office, Sept. 3. Senior Magistrate Police. G. D.—To C. J. Fair, Esq. Slit—Under the circumstances represented by you, I am di rected to inform you that Capt. Sotheby has been directed to accommodate you on the footing of a Subaltern Officer, and to allow you a cabin 7. 6. by 6. 6. a b a f t the ma i n mast , and to be admitted at the Captain's table. I have the honour to he, Sir, your most obedient humble Servant, J. FARISH, Sec. Bombay Castle, 3d Sept. 1024. G. D.—To C.. 1. Fair, Esq., Editor of the Bombay Gazette. Stn—Capt. Sotheby having represented the absolute impos sibility of alloting you a cabin until the troops on board the Lon,don are disembarked at Calcuta, that part a the arrange meet, communicated to you in my letter of yesterday's date, will not have effect until that period, and in the. mean time you will have accommodation in the steerage. I have the honour to be, Sir, • Your most obedient Servant, J. FAIRISH, Secretary to. Government. Bombay Castle, 4th September, 1824. James Farish, Esq.'Secretary to Government. Bombay, 4th september, 1824. Sin—l was honoured last evening with your letter olyester day's date, advising me, that Captain Sotheby haul been di rected to accommodate me with a cabin, on the tooting of a subaltern officer, and to b e a dmitted t o th e Captain's table, and 1 am this moment in receipt of your further letter of this date, infbrining me that Captain Sotheby having represented the absolute impossibility of allowing me a cabin until the troops on board the London are disembarked at Calcutta, that part of the arrangement will not have .effect until that period, and that I shall in the mean time have accommodation in the steerage. _ _ Situated as I am at this moment, I must, of course, comply with any directions that. Government may think fit to issue re specting me, but I must at the same time take leave re spectfully to observe, that I cannot but feel that the alteration just made known to me will materially diminish the comforts I had hoped to experience under your letter of yesterday, and that it is in itself a measure, for which I was but little prepared at thislate period. I have the honour to be, Sir, your most obedient servant, C. J. FAIR. G. D.—To C. J. Fair, Esq. SIR—I am directed to acknowledge the receipt of your letter of yesterday's date, and to inform you that arrangements have been made, in consequence of which, Captain Sotheby has been ordered to allow you a cabin. - -1 have the honour to be, Sir, your most obedient servant, J. FA lIIS 11, Secretary to Government. Bombay Castle, sth September, 1824. 11. C. ship, London, 6th Sent. 1824. J. R. Snow, Esq. Senior Magistrate of PoliCe.• Sin—l request that you will do the last favour to cause the accompanying. letter to be sent to Mr. Secretary Parish, on your return to the shore. Permit me. at the same time to re quest your acceptance of nay thanks for the considerate manner ner •in which you have executed the unpleasant duty with which you have. been charged in respect to my person. I am, Sir, your most obedient servant, J. C. FAIR. James Farish, Esq. Secretary to Government Stn , --Following the orders of Government, and the warrants of the Honourable the Governor, of the Ist instant, to the Se nior Magistrate of Police, and Commander of the Honoura ble Company's ship, London, I am now a prisoner on board that ship, and although I have considered it desirable on every account not to any sort of resistance to the authority of Go vernment, or to raise any question of law at this place, which might disturb the peace of society, I should be wanting in justice to myself, if I were not thus to avow My belief, that the whole of the proceedings against me on this unfortunate occasion; are illegal, and more particularly my transmission to the United Kingdom in a ship not bound direct to that quarter. I desire therefore to enter my protest against those proceed ings before I leave this harbour, lest silence should be con strued into an acquiescence in their propriety, and operate to my prejudice hereafter, in the endeavours which it will be my duty to make, to obtain redress from the proper authorities in England, for the injuries which I consider myself to have suf fered, and to be still suffering from the acts in question. I have the honour to be, Sir, Your most obedient Servant, J. C. FAIR. H. C. S. London, Bombay Harbour, Sept. 6, 1824. SPAIN. tFrom the Quotidienne.] MADRID, JAN. I2.—The Minister for Foreign Affairs received, two days since, news of the act by which the English Government recognizes the Independence of Mexico and the Kingdom of Terra Firma. Thus vanishes the hope which our Government still clung to, of re-conquering, with the aid of foreign support,its revolted possessions in America. It was.impossible to give. a more fatal blow to the Spanish Monarchy ; and the principle adopted by the Holy Alliance, to pre serve to each Power the integrity of its posses. sions, could not be more openly violated. Every one, in deploring the ruin which menaces Spain, is compelled to admit that this evil has been pro duced by a long train of faults, and especially by the little harmony n hich subsists between our Cabinet and one Power, whose commercial in terests are entirely bound up with ours ; a fact which seems not to be known north of - the Pyrenees. If, after the restoration of the House of Bour bon, France had possessed another Vergennes, or, yet more, if the virtuous Louis XVI. had left the tradition of his ideas on commercial econdmy, what we see to-day would never have oecurred. But, thanks to the philosophical spirit of the age, all political views are directed to theories, more or less futile, more or . less dangerous.— After the fall of Cadiz, for example, the Go vernment, instead of occupying itself to re-open the almost dried up sources of our prosperity, o n ly thought of giving us a new public law, because it is held to-day by sophists, that a people which has a written constitution possesses all the elements of happiness. They have sent us Am bat•sadorsand Generals, who have beset the Spanish Government, to make it adopt systems which the nation, and .which good sense, equally re jected, and these have caused it to lose precious time. To chastise Spain for the resistance which she made, they have refused her the aids which she required to re-conquer her colonies. England, seeing that from Cadiz nothing was em barked fur South America, conceived the project which she now realises, of working the mines which we seemed to abandon. To this we have been led by ridiculous theories, conceived by men without capacity, and without knowledge. At the present moment the shores'of the Pe ninsula are insulted with impunity. Nothing can equal the audacity of the insurgent: corsairs, of the Algerine cruizers, and 'of 'others armed by the rebels.—The Straits of Gi:liialtar ar e s o infested, that our merchant ships cannot pass from one sea to the other sithout being exposed to the reatest dangers. The garrison of Gibraltar seems to contemplate with pleasure the disasters of which we are the victims, and which pass under its eyes. NEwsvENDERs.-- Yesterday, at Union-Hall Office, William Gerrard, a newsvender, was summoned be fore L. B. ALLEN, Esq. for unlawfully keeping open his shop, and exposing goods for sale on the Lord's Day. One of the officers, at whose instance the information was lodged, stated that on Sunday last the defendant's shop was open during the time of divine service ; all the shutters but one were down, and books and pencils exposed, as he supposed, for sale. The de fendant said he was unconscious of having offended; his shop was open on Sunday for the sale of Sunday newspapers : as the papers were printed and published on a Sunday, he considered he had a right to sell them; he had a wife and family to sup port, towards which the profits arising from the sale of Sunday papers contributed materially, owing to the working class of people purchasing them on that day to read the last week's news to their families. The defendant was jnformed that lie must not expose any article in his window, as passengers pass ing by would naturally suppose they were for sale, except news papers, otherwise he would again subject himself to be sum moned, and the penalty would be inflicted ; but in this case, as the defendant had acted not upon an intentional but an errone ous principle, he would only fine him in 45., being the amount of costs only, which was instantly paid. Two other newsven ders were summoned for a like offence, and their cases were similarly disposed of. WILL of Me LATE KING of NAPLES. The Journal of the Two Sicilies contains the following details respecting the Will o f . th e late Monarch ; " CHARLES 111, son of PHII.TP V, and great.graridson of Loins XIV, was the first BounnoXtvlio reigned over us. This excellent Prince deserves to be considered as the founder of the-Kingdom of the Two Sicilies under its, present fon - ra When the right of his - birth called him to the throne of Spain, he placed in that of Naples his third son, Fer dinand, of whom death has just deprived us. Desiring, then, to secure the legitimate order of succession in the kingdout of the Two Sicilies,_Charles the Third fixed all the la' tions by a solemn Act. It is by virtue of this Act of his august father, that. Ferdinand First began his ,Testament by calling to the thione his eldest son and legitimate successor , Francis, Duke of Calabria. Religion and love for his people were the two predominant sentiments of the deceased 'No narch ; the first recommendation which he addresses to his son is constantly to protect with all his power the most holy Cs' tholic faith ; the second is to love his subjects like his oict l- children. Intent on the salvati on o f his soul, Ferdinand ,• expresses a desire that masses should be celebrated for hint st well in the capital as in all the provinces of the kingdom, an(' especially in those places where he was accustomed to reside' He enjoins the ecclesiastical authorities to prefer the poor' houses for the celebration of these masses. 44 Very considerable sums of money will be distributed to the poor. Acting like a good father of a family, the King. eon' firms and even augments the donation of his secOud son tile, Prince of Salerno, to enable hi m to su pp or t th e s pl e ndour 0' his rank. A special article in like manner confirms and aur ments the appanage and the domain of the Duchess of Florida , his Majesty's widow. Not forgetting any member of his augus t family, his Majesty, 'after having made particular mention of the Queen of Sardinia and of her itoyalllighness the Duchess of Orleans, leaves to each of the Princes, and. Princesses article's of value as the last pledges of -his affectiiin. Shewing himself the best of masters to the end of his life, Ferdinand I. orders that all the persons 'attached to his service, without any excel , ' tion, shall continue to receive during their lives the salaries and pensions which they enjoyed from his munificence. His Ala' testy, wishing more particularly to show his gratitude to some of his oldest and most faithful servants,' leaves something t° each of them by way of - remembrance. His Majesty r eeorrt- - -: mends to his august heir in th e name o f Ch r i s ti an Charity, thw poor, who received from his Royal hand monthly alms or relief. . GRAND MASONIC FESTIVAL. The Anniversary of the Birth of His Royal Highness the Duke of SUSSEX, Grand Master of the Loyal' Ancient and Hon. Fraternity of Freemasons, was vesterdry, as usual, celebrated by the Craft at the Freemasons' Tavern, by fl grind dinner. About six o'clock His Royal Highness entered the Hal and repaired to the grand table, preceded by the ordinary proces sion • immediately after which Colon e l Vir u p staN , MX. wok the Chair. On the right of the chair we observed Lord Montfor4 and Sir \V. De Crespigny ; on the left, his Grace the Duke of Leinster, and several other distinguished of the Brethren. The dinner was excellent ; and although the tickets were Poi/ 15s. each, the wines were admirable and in profusion. The cloth being removed, Non Nobis Donzine was sang in admirable style by the musical Brethren present; amongst whom we observed Messrs. Attwood, Bellamy, Broadhurst, Collier, Clarke, Hawes, Leete, Pyne, Chas. Taylor. Terraib &c. &c. Sir George Smart presided at the piano- forte. • Im mediately after that beautiful grace— The CHAIRMAN proposed the health of " The Kinp—the Patron of the Order," with three times three. Drank Wih en thusiasm. Music and air—God save the King—the whole of the Birthro standing and joining in the chorus. The next toast proposed was—" His Royal Highness the Duke of York, the Worshipful al aster of the Prince of Wales 'A Lodge." with three times three; drank with acclamation. Tur —The Duke of York's March. Glee—How merrily we live that Masons be. To this succeeded—." The other Members of' the Roy's Family who are Masons." Drank with three times three• Glee (by A ttwotxl)—ln peace love tunes the shcpherd's reed. The next toast was—" The Members of the Royal Family who are not Masons." Drank with similar testimonies of re' spect. Glee—Marked you her eye of heavenly blue? The CHAIRM A N next rose to p ro p ose t o th e b ret h re n assem bled the grand toast of the evening—" The health of flair Il lustrious Grand Master, his Royal Highness the Dulte . ef Sus ssez ;" 'the anniversary of whose birth they bad assembled to' celebrate. To refer to the service done to the Craft by his Royal Highness would be in him (the Chairman) superfuous- To dilate upon the advantage derived not only from the illus trious name, but the exertions in the cause of Masonry br the illustrious, amiable, and most respectable Prince at his right hand, would be in him (Col. NV.) presumption. The' Gentlemen whom he had the honour to address were Masons, and could as fully as himself appreciate the obligations con ferred upon the Craft by his Royal Highness. It was not az little remarkable, however, that only in this country Oterx the Princes of the Blood Royal—nay the Heir Presumptiis ttr the Throne—were Masons, that here only was the Craft recap" nixed, and here only did it flourish.—(Cheers.)—He should not longer detain the Brethren, but would again repeat the We: - with which he had commenced—" His Royal Highness the. Worshipful Grand Master, with hearty congratulations upon% that happy return of his birth-day."—Drank with acclamatioo- His Royal Highness the Duke of SUSSEX rose to returo his heartfelt thanks for the-kindness with which the toast ha& been announced from the Chair, and for the warmth wits' which it had been received by the Brethren assembled. To re turn thanks in his situation with sincerity and effect, he must be allowed to state the mixed feelings by which he was impel led. To be thanked by a meeting not only equal but superior' iu numbers and respectability to all those which had preceded it upon similar occasions, was a grateful task, still the recollec tion that it announced the addition of another year to one's' life must necessarily bring with it a grave reflection. He hat's early in life entered into the Fraternity, but he had done so with caution and with circumspection. He was equally proud and happy to say, that from that moment the cause had become increasing in interest and respectability. Be could remember the time when the Craft were suspected, pur sued, and hunted down—he had the pleasure to witness its rer storation to importance and respectability in the public estima. tion.—(Applause.)—He trusted that perseverance in the same cause would always insure to Masonry the respect in which it, was held in this fr ee country.—(Applause.)—The Hon. Chair man had briefly referred to the recognition and support of Masonry by Members of the Royal Family of this country ; and he (tlie Duke of Sussex) believed that Masonry could only exist with freedom: butin congratulating the assembly which he had the honour to address upon the progress of the Institution, there was one poweiful drawback—the situation of the Masons of a most interesting portion of the empire —Ireland.--(Loud cheering. )--The operation - of a recent Act of the Legislature was supposed to extend to the Freemasons of Ireland ; they accordingif submitted—they met no longer in Lodge—•-- (Cheers)—and in that act of obedience to the laws he trusted would be recognized that which had not before been doubtful —the loyal and admirable foundation of that system of which he and those who heard him were enthusiastic supporters.-- (Cheers.)—.lle trusted that in that circumstance would be found an unanswerable argument for the restoration to the Masons of Ireland of the privilege of which they had been deprived.— (Cheers).—He had nothing more to add than the repetition of his best thanks and best wishes for the welfare of all assem bled.—(Continued applause.) A manuscript Glee, applicable to the occasion, the music by Brother Sir John Stevenson, was next performed; but the words and music were common-place. • " The Grand Lodge and Brethren of Ireland" was the next toast, and was received with great enthusiasm. His Grace the Duke of LE is . s'r E 11,G rand Master for Ireland, returned thanks. Under the extraordinary circumstances in which the Freemasons of Ireland were placed by the recent Act of Parliament referred to by his Royal Highness the Duke of Sussex, he had felt it his duty to consult that Illus trious Princo, and by the advice of his Royal Highness he had recommended to the Masons of Ireland to meet no longer in Lodge. He trusted, however, that the day was not far dis tant, when the loyalty and fidelity of Irish Masons would be duly appreciated, and rewarded by the repeal of that part of the law which prevented their meeting.—(Cheers.) Air—Pairi,Ms Day. " The Grand Lodge, and the Masons of Scotland"--" The Ladies"—" Chairman"—" The Stewards"—and other toasts followed, accompanied by several fine songs and glees. At a quarter to ten o'clock his 'loyal Highness the Duke of SUSSEX rose—again thanked the Brethren present for the ho nour conferred upon him, and being exhausted by constant oc cupation during the day withdrew amid the applause of all the Brethren present. The gallery was crowded with elegantly dressed ladies. On no former occasion were there so many of the Fraternity pre sent, and we never witnessed a more, orderly or respectable as semblage, and have rarely experienced so delightful an enter tainment. After, the retirement of the Royal Duke Colonel Wildman left the Chair, which was immediately filled by an o th er di st i n . guished Brother, under whose auspices the festivity of the even. ing was kept up to a late hour.