The Sun. — London, England, 1827-04-12 00:00:00

year upwards of 150,000 perms appeared at the bar of the Courts of Justice, of whom more than 122,000 were convicted, and sentenced to punish ments of different degrees. How humiliatingto human nature, and to polished France, is this Picture, which exhibits proofs of one in every two hundred of her population having been brought to trial in one year ! Extracts of these papers are given in another c olumn, and we subjoin the price of the Funds in Paris on Monday : Frtlxc x Funds.—Five per Cents., 100 f. 100 f. se. ; Three per Cents. 70f. 80e. ; Bank Actions, 2,020 f. 2,0 22 f. 50c. Foluticx Funds.—Renter Nap. Cert. Falc. 77f. 30c. "c• ; Ohl. Nap. Em. Roth. 1. s. 25f. 50c. ; Spanish lientes, 10 1 . ; Royal Spanish Loan, 54. 54k. ; Perpetu a l sPanish Annuities, 42.; liavtian Loan, 637 f. 50e. Wc beg to offer our sincere condolence to the Brute Creation on the result of the Galway -Election Committee. It has been too much the fashion to laugh at the useful but unpretending labour s of Mr. MARTIN, but the House of Commons could have " better spared a better Man." What will now become of maimed bul locks, overdriven horses, and tortured donkies : In short, of all dumb animals who are cursed with cruel and unfeeling masters. Their vigi lant and uncompromising- champion has again shrunk into the condition of a private indi vidual, and most Statesmen have too much supposed dignity to compromise it by taking his place, and standing forth as the protector of those who have no votes to give, no cheers to bestow. W e d o not mean to say that Mr. MARTIN has not occasionally made himself ridiculous by carrying matters too far, and by treating the mi series of a quadruped with an importance which a biped is apt to think quite uncalled for, but error s of the head are more easily forgiven than those of the heart, and over anxiety for the happiness of dumb animals, has dt least the merit of not being a vulgar failing. There is one branch however, of Mr. MARTIN'S vocation Which we hope some Honourable Member will deem worthy of notice, we mean the condi tion of the hackney-coach horses in this metro polis. No cruelty can well exceed that of work ing animals to death—allowing bull-dogs, game cocks, and other pugnacious animals to follow th e natural bent of their inclination, is not to be 'ftpared with it. It is heart-rending to hear t he unceasing application of the whip to a horse w ho seems not to have fed for a week, lame on t wo or three legs, blind of at least one eye, and, w ith scarcely sufficient strength to prevent his fa lling even if he had no carriage to draw. No indn need be afraid of encountering ridicule by a dl'ocatin g the cause of the noblest of animals. Demerara Papers of the 28th February, have b een received at the North and South Ame rican Coffee-house, from which we make the f o n "owing extract The Legislature of St. Vincent had addressed the Go qaer of tbat Island, stating their rejection of certain - l auses of the Consolidated Slave Law Bill, submitt e d by Excellency for their adoption, (agreeably to the instruc v;z°,l?' of Earl B a th urs t) ma explaining the ground s u p on h they consider such clauses cannot justly or con iently be carri e d i n t o e ff ec t ; thi s a dd ress also gives a 4 1 and clear exposition of the ameliorations already effect, by Legislative enactments, which in a great measure i si iPate the wishes of his Maj es ty' s G overnment . cit ice had been posted at the Custom-house, Ge orge t own , that the principal Officers of his Majesty's C us to ms 'ad received the directions of the Honourable the Com j]ialioners of his Majesty's Customs, to admit to entry in I etch vess els, goods the produce or manufacture of Hol aild or the Dutch colonies, not being among the list of Pr ohibit e d art i c l es. Thi s perm i ss i on exten d s on l y to D utc h P "iletion and not to that of any other nation whatever, and that consequently American or other foreign articles %not be admitted ; the importan tio of such articles being 41tr ained enti re ly to British ships. The D utc h P apers w hi c h arrived last night, t o the 10th instant, contain nothing important. Accounts from Batavia had reached Rotterdam, 1 ? the 13th December, announcing the submis- Z it of Prince MANGICOE DI NINGRAT, and at he and his troops had joined the Dutch r eeFi for th e purpose of opposing the Insurgents. The d e b ate on t h e new organ i zation of the Courts of Justice in the Netherlands had been ' "tinucd i n t h e S econ d Chambe r o f t h e States ' genera l , and was to be resumed on Monday. Royal Decree of the 28th ult., appoints a thCommittee to revise the regulations under which DePartment charged with the care of th e Dikes and Canals now acts. Extra c t of a letter from Pictou, dated Februa r y 11 :—.. " Clo the 10th inst. we had one of the most severe snow " ; °lll ' 6 een here for a long time : it commenced about tw o .e :°. lock, and co ntinued till e ight. The going on t h e sat week b eing good, great number' of people had been & c. elli n bringi ng to market coal, por k , flour, hay, A bout f our o'clock the storm was dreadful, and the cries of h t-e People on the • t h e more awful ; the ice ma d e scene Cla.urch and College bells were kept ringing, and field-pieces firing every eight Or ten • The • habitants of the town minutes. m formed lines from the shore at a small distance from one to the other, extending out on the harbour, and by which means saved the lives of ten men, who must have perished : some of the people from the shore are frost bitten, but not badly. lam af bein lost raid we s h a ll h e ar of many g . A man of the name of John APlntire was lost : h e was found nearly covered with snow, and would not ha ve been discovered but for his dor', who remained with th e cor p se of his master. He has left a poor family, con sisting o f a wife an d three small children. The wind v aried from E. to N.E. ______,_____ W e received this morning the zeineine 4 itu n All gof the sth inst. It contains a — very in tferre te ati ng and satisfactory article in favou r o f t h e navigation of the Rhine. I n f ormer times th th e t n t . n of this great river bei ng aviga io ope n to la rge cities in the i nter i or of the country, 4 frord arid vv -e a " them the means of amassing much wea l th, 48 the source of comfort to the inhabitants. I ' l fact, by the , Cologn e had grown into vast importance freedom of access to the ocean ; but its tcho:nnereial checked, when prosperity was soon sinc_navigation was closed. The Dutch have ~ e assumed the exclusive right to restrict the Thatio n of this important inlet into the centre Pro ern ut Germany, but Prussia h as l a tely very pro py questioned the right of Holland to this advantage. W e d, - • ple of justice the heanaviga A elusive j urisdiction over th can cl a i m an ex ijiat.hsee upon what pruici- Rhine, merely becaus e they tion of the its ccrumunication with the peen to comman d they Link it very desirable to per.pett)tedtoliliebirt enjoym ent of privileges so beneficial to tional i nterests, b ut in wishing to do ee, h the na - Should not f orget that these advantages are tey ob tained at the expence of their neighbours. It may be all very well for the Outcli to amass wealth, by usurping the right to the exclusive na vigation of the Rhine, but those who suffer by this usurpation have good reason to complain, and just cause to demand, a participation in the commercial intercourse on a river common to the inhabitants of the countries bordering on its banks, and to the free navigation of which they have all an equal right. with No thing i n t er f eres so muc h the happiness of mankind, as the attempt of one nation to take advantage of another, merely because particular circumstances are favourable to the commission of injustice, which ought not to be committed with impunity, and which, sooner or later, never fails to defeat its own purpose. AUGSBURG, ArRIL 4. A very interesting report on the free navigation of the Rhine was presented in December, last year, to the assem bly of the provincial estates of the Rhenish provinces, which victoriously refutes all the sophisms of the adversaries of the free navigation, and discussing the matter with the most scrupulous impartiality and regard to truth, places in the clearest light the justice of the demands of Prussia. The Committee having represented the freedom of the navigation of the Rhine as an affair, the decision of which is intimately connected with the national honour of all Germany, and the welfare of the country, which has suf fered in the highest degree by the shackles that have been imposed on the Rhino for these two hundred years, recapitulates the advantages which the free na vigation of this river in former times conferred on the Ger mans, and how they gradually lost even the recollection of these advantages, which when the question was latterly brought forward, were comprehended by very few persons. For it was almost forgotten that Rhenish ships formerly navigated the ocean, that there was a time when Cologne vessels took on board at that city Walloon and Rhenish soldiers, and conveyed them to Alexandria in Egypt, to take part in the siege of St. Jean d'Acre ; that in the time of the Hanseatic League the ships of Cologne passed free and unmolested to the mouth of the Rhine, through the Ne therlands, and exported wines, corn, flour, malt, beer, linen, woollen-cloth, and other German productions, to all parts of the North Sea and the Baltic, to England, Norway, Sweden, and Russia, where they were exchanged for the productions of the North, which latter were brought with the same facility, through the mouths of the Rhine, to the markets of Flanders and Germany. The extensive foreign maritime trade, had given to Cologne a degree of prosperity and wealth, which for some centuries attracted the respect and admiration of all Europe. Kings and Emperors negotiated loans at Cologne. But towards the end of the sixteenth century the States of the Netherlands suddenly stopped the navigation of the Rhine, and thereby destroying the direct maritime commerce of the cities on the Rhine, and put an end to their prosperity. The young Republic had scarcely thrown off the Spanish yoke, when it was itself guilty of the most revolting despotism. The weak ness of the German Empire, and the wars both foreign and domestic in which it was engaged for a long series of years, favoured this arbitrary measure, for which Holland cannot produce any legal title whatever, as it can for the close of the Scheldt, which was sanctioned by the treaty of Munster, 1648. This arbitrary act has cost Rhenish Germany at least twice as much money as ever was at any time in circu lation in all Germany. For if we reckon the import and export trade of the Rhine at 50 millions of florins annually, and calculate that the Dutch toils, local expellees, and pro fit, amount to no more than 10 per cent., this makes, during the 230 years in which the trade of the Rhine has been in fetters, a sum of 1,150 millions of florins, the loss of which solves the enigma, and shows why Holland is so rich, and the countries on the Rhine so poor. Napoleon, by his Decree of the 21st Oct., 1811, had declared the trade of the Rhine into the sea entirely free, on the pay ment of a navigation duty, which was the same as tht (Octroi) on the Rhine, all other duties, of every descrip tion, being abolished. The war, which suspended mari time commerce, prevented this Decree from being carried into effect ; and, when the present King of the Nether lands returned to Holland, in 1813, the Decree was re voked. The Allied Powers, however, were of a different opinion, and both the Treaty of Paris, of 30th May, 1814, and the Act of the Vienna Congress, determined the free navigation of the Rhine. In another part of our Paper we have given a full report of what occurred yesterday in the Court of Chancery, to which we beg to direct the attention of our readers. We shall probably offer some observations upon the sub ject of ex-parte reports to-morrow. Letters from Tampico of the 17th February, and from the Havanna of the 11th March, make no mention of the Tweed, the former merely state, that the merchants at Mexico were forwarding their despatches to meet ker at Tampico. The premium on this risk has not, however, risen at Lloyd's, but on the contrary, the alarm for safety has be come less in the mind of nautical men. She is supposed to have on board property to the amount of 1,000,0001. sterling. THE FUNDS-(THIS DAY). CITY, Twelve o' Clock. The British Funds have again an appearance of being on the rise, and a good deal of business has been transacted ; Consols closed yesterday at 834, and opened to-day at 814 for account, but have since gone rip to 831 and are now 83-i 1, buyers, for account, and sellers for money. There is no alteration since yesterday in the premium on India Bonds or Exchequer Bills, the former continuing at 69 70, and the latter 46 7. This is settling day in the Foreign Funds, but the little business which has been done will not, it is supposed, cause scarcely any bustle, the busi ness in the market being very limited, and the members so thinned by losses and other causes, that it is not only ill attended, but almost become deserted. Mexican Bonds are stiff 71/ # ; Colombian, 41 1; Portuguese are better, being 784 9 ; Russian Bonds 884 9. In Shares nothing new can be reported, Real del Monte are quoted at higher rates, but Bolanos, which were quoted some time since at 80 pm., appear now at 25 10 die. There is no further account of the Tweed, which continues to engross the attention of the Underwriters and Merchants connected with the trade of Mexico to a great extent. Three per Cent. Consols, Mil; Ditto for account, 834 ; India Bonds, 69 70 pm. ; Exchequer Bills, 46 7 pm. Foactom FuNns.—Brazilian, 644 ; Buenos Ayres, 58 8 Chilian, 36 7 ; Colombian, 1824, 404 1 l ; Danish, 60 4 4 ; Greek, 154 164 ; Mexican, 5 per Cent., 58 9 ; Ditto 6 per Cent., 714 4; Peruvian, 34 5 ; Portuguese, 78i 9 ; Russian, 884 9; Spanish, 124 13. MINES. —A n pm. ; Bolivar, glo Mexican, 40 35 die. ; Brazilian , 1 2 par ; Colombian, 15 16 per Share; Pasco Peruvian, 17 16 die ; Potosi, 28 30 per Share; Real del Monte, 90 100 p m . ; Tlalptualma, 20 25 pm. ; United Mexican, 13 12 dis. ; Bolanos, 25 10 dis. Two o' Clock. Within this hour n ear l y a million of Stock has been so ld . Caused by a report that Mr. Peel, the Duke of Wellington, and the Lord Chancellor, have sent in their resignation.— Consols have been done at 83, but are now 83 to 4. THREE 0' CL 0 C.K. Consols, 83i, the price. FOUR O'CLOCK—CL Creek Do . I PRICES. B2SI Consols 834 Danish Bonds Do. for Ac. 834 Brazilian Bonds 641 Mexica n D o, 1825 71 It Buenos Ayres Do. 57 Peruvian D. Chilian Do. Russian Do. 884 Columbian, 1824, 404 Spanish Do. 124 ELECTION COMMITTEES - (THIS DAY. COUNTY OF DUBLIN ELECTION. Colonel White having produced witnesses, who contra dicted all the material allegations sworn to by Mr. Hamil ton's tvitne.ses, the latter produced a fresh batch, to-day, to contradict Colonel White's—thus there has been a joinder, a sus -rejoinder, a rebutter, and no doubt there will be a sur-rebutt er . W hen or how this contra di c t ory sys t em w ill terminate, it is difficult to conjecture. With regard to the respectability of the witnesses, it is entirely on the side of Colonel White. THE WESTMEATH ELECTION. The Committee were occu ied with the scrutiny, this day, being th e l ast of their Siting, until the Report of the Commission, which is to go to Westmeath, to take evidcnee, shell be made. We understand that Mr. Tuite is in a minority of between 40 and 50. THE I‘.lARKET_______________ DAY.) __,.... m5......{Tms HAY MARKETS J A —(At MES 's. per Load of 36 T rusace. ) 1' $. X. s. X. a L. s. L. s. Lowland: l l'W. Hay 4 sto 5 5 Clover Hay 5 0 tn 7 0 Upland Ditto 5 5 610 Oat Straw 2 2 2 6 Rya -grass Hay...... 5 5 610 Wheat Ditto 2 6 210 supply short, trade rather brisk, and prices as last quoted. LAW INTELLIMNCE.-(T1118 DAY.) COURT OF CHANCERY. MORNING HERALD. CLASSINGTON V. THWAITES. When the LORD CHANCELLOR took his Chair at ten minutes before eleven o'clock, Mr. Glassington craved leave to remind the Court of this case. His Loansnir had not forgotten it. Mr. Glassington was sure, that if his Lordship only knew of the manner in which he had been persecuted, the Court would excuse his having mentioned the case. He had been arrested, in the presence of his Lordship, while he was attending at the hearing of his own cause—while that cause was actually in the course of being heard, and by his own former solicitor. too, who had now became the avowed agent of the defendant. His LORDSHIP assured Mr. G. that if a proper com plaint had been made to him, that any body had dared to arrest him while his cause was being heard, that that in dividual would never have ventured to have made such an arrest again. With respect to the case itself, in which Mr. G. had been engaged, the Court could not believe there was any gentleman at the bar who had ever seen a case conducted as this had been ; blunder had. followed blunder, until the thing had got into the most entangled and encumbered state. His Lordship had, in part, drawn out the minutes, as he meant the order to be, which he should almost immediately finish, and let the parties have. Mr. GIIOIII24 . CTON regretted that his Lordship had been so much troubled, and that he himself had been made the victim of such delay. SITTINGS. His LORDSHIP stated, for the convenience of parties, that the First Seal would be on Tuesday the 24th inst., but that he would sit here on Thursday next and on the fellow ing Saturday, for the express purpose of giving judgments, letting the Solicitors on both sides know the cases in which he would give judgment. GRANT tt. (12lANT-1E EXIEAT P EGIC3. This matter was again spoken to. By one calculation that had been handed to the Court, it appeared that only 500/. and a fraction was due to Sir Alexander Grant, by another 16,0001., and by another, 6,000/. His Lordship felt unable to reconcile these calculations, but it did appear to him that the last sum ought to be the sum to which the writ ought to be reduced. Mr. HART'S client then consented to give bail for the 6,0001. TAILORS' BIGHTS TO HAVE EE-rARTE INJUNCTIONS.. Mr. Silsanwzr.r. moved a few dap, ago before the Vice- Chancellor, ex-parte, for an injunction, on behalf of one tailor against another. H His H onour cons id er ed, that if he granted the injunction, it would ba abusing the principle on which the ex-parte injunctions had been granted, by applying the principle to a squabble between two tailors. We believe the parties live at Bath, and that the plaintiff is the father of the defendant. Mr. SHADIVELL applied yesterdry, et the rising of the Court, to his Lordship, in the shape of an appeal. As his Lordship was then on his legs, just going out cf the Court, he desired the learned Counsel to follow him into his room, whither he went, and stated the circumstances. His LORDSHIP said to-day, he wished to know what he was to do about the tailors ? Mr. SnAnwELL considered the only question to be, whether the Court would grant the injunction or not? His LORDSHIP thought he could not refuse it merely because the parties were tailors. The next point was, whether the sum of 250/. stated to be in dispute between two tailors, WAS a sum too small for the jurisdiction of this Court ? And upon this point, his Lordship did not feel authorised to say that one tailor was not entitled to have the interference of the Court against another tailor, in con sideration of that sum, (laughter) and therefore the injunc tion would have to go. WILLESLIEY V. DUKE OF BXAUFOLT. Mr. SHADWELL said that this was a petition, which stated that the law expenc,es which had been incurred in this cause amounted to about 5,000/. ; that they would be considerably more, in consequence of tho appeal Mr. W. had carried to the House of Lords ; that the receiver had a clear sum of 6,0001. in his hands ; that he was about to receive another half-yearly rent, amounting to upwards of 50001.,and that it prayed the Court to order the receiver to pay out of the money in his hands to Messrs. Hutchinson and Holdsworth, the solicitors of the infants, the sum of 20001. on account of their bill of costs amounting to 2,6001. and that the same might be allowed to the receiver in passing his accounts. The Learned Counsel could not conceive that there could be any serious objection to the making of such an order. Mr. TRrsi.ovr. appeared on the same side. He stated that Mr. Wellesley, the father of the children, had hQen served with a copy of this petition, but he could not under stand why it was thought necessary to have served him, or what objection he could have to make. The eldest child was entitled to an estate in tail worth 17,0001. a year, subject to certain charges to be paid for the benefit of the younger children. Mr. Wellesley had no personal interest in that estate, nor in the fund in Court. Mr. HART, contra, felt surprised to hare heard the pro position, that the father of children had no right to inter fere for the purpose of seeing that his children's property was duly appropriated. It was the first time he had ever heard of a proposition so extravagant, as that Mr. WeHee- Icy ought not now respectfully to submit to the Court, that his Lordship would not throw a lumping sum of 20001. into the lap of the attornies, without any bill having been delivered, or any statement made, chewing that such a sum had been incurred. If the few hearings that had taken place, had incurred costs to the amount of 2,6001., he felt perfectly satisfied that if the same propor tion of costs were incurred in the future progress of the cause, before it could possibly be concluded, every farthing resulting from the estates belonging to the infants would be swallowed up in law charges ; and it was upon this prin ciple Mr. Wellesley now contended, one shilling ought not to be paid at this moment. His LORDSHIP would certainly not lay down any general rule whatever with reference to the cases in which Mr. Wellesley should or should not have notice. This was an extremely delicate point, and notwithstanding the atten tion that had been paid to Mr. Wellesley's rights of authority, as the parent of his children, yet it was due, that the Court should take care, itc inter ference was not of a harsh nature. At the time the subject of giving notice to Mr. N. of this petition had been mentioned to the Court, it had struck his Lordship that a question might have arisen upon the receiver's in ability to pay the sum now asked for, on the ground that Mr. NV. himself had admitted that he had re ceived some of the rents of the estates, instead of the receiver, which were, as he had alleged payable to mort gagees. This question, however, had not been varied.— On the present occasion, the Court could not interfere on behalf of the children, without liberating Mr. Wellesley from their maintenance, and the dry question certainly was, whether it would he for the benefit of the infants that the prayer of their petition should now be granted, or whether the matter should be referred to the Master in the first place to tax the costs, which would certainly be an additionally ex pensive proceeding. The Court had no objection to order the immediate payment of 15001. to the solicitors, they undertaking to account for it. Mr. SH►DW'YLL expressed himself content with such an order. Hie Lonnsitir adder!, that he had no objection, if it was liked better, that the solicitors should carry in their bill to the Master's Office, and that the whole that was allowed upon a taxation, should be forthwith paid to them. Mr. HART did not object to this, provided Mr. Wel lesley was permitted to attend the taxation. Hie Loansme enquired, whether Mr. Wellesley would himself bear the expense of his going there ? Mr. HART was not prepared to say he would, and there fore the leave was not granted. LUNATIC PETITIONS. Hie LORDSHIP said he would read again all these peti tionP, and such orders upon them as he could send without hearing would do so on Saturday n on the day before or afte r t he First Seal, wh ene ver Counsel igthtohsee that adverse required piaredrtie arguing, he ng, would have to be taken chose. His Loimsgir rose at 20 minutes p as t 12 o'clock, stating that it ,was not in his power to sit longer. VICE-CHANCELLOR'S COURT. JUDGMENT--COVENT - GARDEN THEATRE. JAAARIS V. XEMBLIS, WILLICT, IO R BE9 , AND OTHEILS. The Vicit-CstaNcruoa gave j u d gment this morning in this case, which was argued at consid era bl e lengt h i n th e course of last term, and occupied the Court for nearly a week. His Honour observed, that in March 1822 the plaintiff, Henry Harris, who was proprietor of 14-24 shares of Covent-garden Theatre, entered into an agree ment to which the defendants, Charles Kemble, Messrs. Wdlet and Forbes, were parties, as well as Mr. Conet, who Maimed three 24th shares, as executor under the will of the late Mrs . li ar t en d a l e . This agree ment prov id e d t h a t the plaintiff, and Messrs. Kemble, Willett, and Forbes were, in the first instance, to ensign their respective shares to a Mr. Harrison, and that m oan . Kemble, Willett, and Forbes were then to take a lease of the Theatre from this gentleman, for ten years, commencing on the first of Mpg, 1 822, at a rent of It6oo/. a year. The effect of this arrangement Would be that the plaintiff was to receive 7000/, a year for his own share. This rent was to be paid him by Harrison, who was a trustee, merely for the purpose of facilitating the arrangements. There was at this time a heavy debt affect ing the estate, and it was agreed between the parties, that no part of the rent should be paid to the plaintiff Harris, until that debt was discharged; all the profits of the theatre were to be applied in the first instance to the payment of the incumbrances. It appeared, however, said his Honour, that the plaintiff had no other property but the theatre, and it was therefore agreed that he should in the mean time re ceive for his maintenance certain rents paid to the proprie tors ; he was to get the rent paid by Mr. Roswel for the use of the fruit-room ; and also the rent paid for the use of the theatre for concerts; he was to have the 210/. a-year paid by Sir E. Antrobus for a private box ; making in all about 13601. a-year. This KIM be was to get in the nature of a loan, to be accounted for by him out of the 7,000 a-year, when the debt of the establishment was discharged. The plaintiff's father, who was proprietor of half the theatre, died in October, 1S20; he had for several years been the manager of the theatre, at an annual salary of 1,0001. ; he was succeeded in that situation by hie son, the present plaintiff, who having been educated for the bar, relin quished that profession, and for some time before his death assisted his father. The defendants being, as it appeared, dissatisfied with the management of the plaintiff, and with the salary which he was receiving, entered into an agreement with him for his share of the establishment. At first it was proposed that the annual rent to be paid by them should bear a proportion to the profits of each year ; this was objected to by the plaintiff, who offered to take th e shares of himself and the defendants, at a rent of 13,5001., the effect of which would be, that each of the defendants would receive a portion of that sam corresponding with his share. The de fendants questioning the responsibility of the plaintiff, refused this offer, and the agreement which it was now sought to enforce was entered into. The defendants ex pecting that Mr. Const as the proprietor of 3-24ths would consent to this arrangement, introduced his name into the draft of the agreement. In this they were disappointed, and immediately after, the plaintiff retired from the super intendence of the theatre, and the defendant tucceeded him, Mr. Const filed a Bill in the Court of Chancery, for the Purpose of .earrving into effect a deed executed on the 15th March, 1812, by the then proprietors of the theatre, and provided among other things, that the profits of the Es tablishment should be solely applied to the payment of cer tain debts affecting it, until the whole were satisfied. An order was in consequence made by the Lord Chancellor, that a receiver be appointed, and that the profits of the theatre be applied by him according to the provision of the deed. Four days after this order the defendants, Kemble, Willett, and Forbes, caused a letter to be written to the plaintiff, in which they repudiated the agreement altogether, stating as a reason the appointment of the receiver, under a dead to which the plaintiff was a party, and the existence of which lie had wilfully concealed from them. The deed of 1812, had been acted on for a year or two only, and 10,000/, remained unpaid of the debts intended to be pro vided for under it. On the 11th of March, 1824, the plaintiff filed his bill in this Court, for the specific performance of the contract for the lease.--- To this Bill he made Const a party, not because he had been an executing party to the deed, but on the grounds that he had subsequently identified him self with it. With respect to Const, continued his Honour, I am bound to say, that, in my opinion, no case has been made out against him by the plaintiff, and that as far as the bill concerns Const, it must be dis missed with costs. Now the defendants say, and by the defendants, I mean Const, Kemble, Willett, and Forbes, that they were induced to enter into the agreement solely from a desire to have the exclusive management of the Theatre, and that having lost that by the proceeding of Coast, to which Harris was a party, they are no longer bound by the deed of 1822. Now, it is to be observed, said his Honour, that in that deed the plaintiff declares he is not to be in anywise affected by it, unless as far as it is applicable to himself, whilst the defendants not only covenant for themselves, but as far as it can thise apicable to Const. With sixth a provision as in the deed, it must be impossible to consider the 1 plaintiff as bound by the act of Const. Now, the defen dants attribute to the plaintiff a wilful concealment of the deed of 1812, to which they were not parties, and say, that this deed has since defeated the agreement, as well as their motives for entering into it, and therefore they insist that they ought to be released from it. The plaintiff could hardly be, said wilfully to conceal the existence of the deed, for it had been long lost sight of by all the parties to it.— The persons from the defendants derived had signed it as well as the plaintiff. The fact of the concealment, Ido not think material, said his Honour, but if it were material, would b e judicially bound to think that the defendants ought, in this Court to be affected with notice of the deed. It had been charged against the plaintiff, that he assisted Const, while the proceeding was pending in the other Court, but if he did do so, that support cannot he considered as evidence of the plaintiff's intention to abandon the agree ment. He got notice from the defendants that they would repudiate it, and having a large share in the theatre, it was but natural that he should wish to have the profits placed in safe hands, in the event of the defendants suc ceeding in their attempt. I am therefore of opi nion that the conduct of the plaintiff, in this re , spect, was no waver of the agreement. The next charge alleged against the plaintiff was, that he had misrepresented the profits of the Theatre, and raised in the minds of the defendants expectations which were not founded in fact, and which led them into the agreement. It appears that the accounts of the theatre, were for many years, kept by a person named Brandon, who was suc ceeded by his son James. The elder Brandon it seems admitted on all hands, kept the books very imperfectly, and the defendants also acknowledge that the plaintiff was a bad accountant. He took his statement of the average profits from Brandon's account, and not being, as the defendants themselves say, a person skilled in calculation, it cannot be attributed to him that he wilfully mis represented. Besides, the books of the theatre were open to all the proprietors, so that the defendants had the opportunity of examining them. The plaintiff, it appeared, had written a letter to the defendants, in which he stated the average receipts for twelve seasons to be 82,0501, and added, that one-third of that sum might he considered as clear profit. The defendants now say that this sum tva4 partly made up of the receipts on benefit nights, and that a great part of it was subsequently paid over to the actors. Hie Honour here proceeded into a variety of details, for the purpose, as he said, of showing that the plaintiff had not wilfully misrepresented either the profits of the theatre, or the probable reduction which could be effected in the expenses of it. The first he had taken from Brandon's books, and it was clear that the reduction to which lie alluded, was according to his own statement, partly effected through his connection with the Dublin theatre. The next charge against the plaintiff was, that he concealed from the defendant a transaction which took place between him and Sir Edward Antrobus, with respect to a private box in the theatre. This box had been let to the Duk e o f Glou ces t er , for every alternate week, at an annual rent of 2101. The elder Mr. Ifarris sold the box to Sir Edward Antrobus for the alternate week, during the term of 21 years. At the same time, he represented to the other Proprietors that he had let the box at the same rent the Duke of Gloucester paid for it, and Mr. Harris accounted to them for that sum. His son also, after the death of his father, continued that practice. This was not discovered until the defendants got the Theatre into their hands under the agreement of 1822. to the table o f ann u iti es I find, said his Honour, that e aena cent. is worth' 26251., which is some whatnnoity of 210/. for 21 years, at the rate e On r f fi t peryefrring than Mr. Harris received from Sir Edward A ntrobus. Now , it appears , th a t Mr. Harri s more was the pr opr i etor of one h a lf th e th ea t re , a n d sure ly th a t property Must b e cons idered a sufficient security to his co proprietors f or the due payment of either the pur chase-money, or the a nnuity which he undertook to pay in respect of it. In the same manner the plaintiff's share in the e stablishment, became a sufficient security. Unless, therefore, it could be shown that the case, therefo re , sa i d his this concealment w as w i e n r e e ju e d g ie u i a a r l iy to itnhoepeinratteiryees.ts of Undertlte defendant, i t could not, hi s H o nour thought, op era t e as an aalnlswtehr.ctoireuthilnveshtißacnhilcle., of f here were two other charg es o f concealment Honour, I am of o pinion, that the plaintiff is entitled to a decree for the s pecificperformance of the contract against Messrs. !Celt - 11)1e, Willett, and Forbes. I will therefore refer it to the master to settle the form of a deed, having regard to th e fact that Const might not he made a party to it, and that his interest must not therefore be affected by it. I shall also direct that a new trustee he appointed in the place of Benison. With resp ec t to Trotter, who h as been mad e a par ty to the bill, i n consequence o f his bei ng executor to Mr. White, wue ose daughters are married t o t h e defendants, Willett and Forbes, I think that ther e wa s no necessity for making him a party. The bills Must therefore be dismissed as against him, with costs. Harrison, the trustee under the agreement, was, I think, a necessary party; I shall therefore direst that hie costs b e taxed and paid by th e plaintiff ; I shall then direct that the plaintiff's costs be taxed, and that those costs, as well as the costs paid by him in the first instance to Harrison, be afterwards paid over to the plaintiff by the defendants, Messrs. Willett, Kemble, and Forbes. FASHIONABLE AND M/SaLLANEOUSI The Lord Chancellor had an audience of the King yesterday morning. Earl Bathurst, Mr. Huskisson, and Viscount Granville had interviews with Mr. Secretary Canning yesterday morning, at his residence in Downing-street. Soon after two o'clock Mr. Canning went to the King. The Duke and Duchess of Gloucester enter tained the Duke and Duchess of Clarence and a select party to dinner, on Tuesday, at Gloucester House. _ The Princess Augusta, the Princess Sophia, and the Duchess of Gloucester, took an airing together yes terday morning, and visited the Dowager Viscountess Mel ville, at her residence in Portman-square. Mr. Wynn entertained the Cabinet Ministers to dinner yesterday, at his residence in Whitehall-place. The Marquis de Palmella, the Portuguese Minister, transacted business at the Foreign-effice yesterday. Mr. Wynn had an interview yesterday with the Chancellor of the Exchequer. The Earl of Westmorland transacted business at the Colonial-office yesterday. Mr. Wynn visited Mr. Canning yesterday. The Earl of Harrowby transacted business yesterday afternoon at the office of the Secretary of State for Foreign Affairs. The Earl of Sefton had a grand dinner party on Tuesday, at his house in Arlington-street, were—Lord A. Hill, Gener a l F ergusson , C ap t a in Fergus son, Colonel Fraser, Colonel Frema n tl e , Captain Hill, Captain 1n.., Mr.Creerey, & c . among whom The Marquis of Lansdowne entertained Lord and Lady King, and a distinguished Party to Dinner yes terday, at Lansdowne House, Berkeley -square. The Marquis of Clanricarde had a grand din ner Party yesterday, at his I:,r , use in St. James's-square. Lady Gresley entertained a large circle at Dinner, on Sunday, at her house in Conduit-street, con sisting of Lord T.tynharn's Family, Lady Mountfort, and Colonel anti Mrs. Talbot, of Malahide Castle, &c. The Right Hon. Charles Grant has trans mitted ten guineas, and Mr. Robert Grant, M.P. five guineas, for the use of the soup kitchen in Inverness.— Edinburgh Observer. The Lord Bishop of Ferns has challenged the Right Rev. Dr. Keating to a religious discussion.—Frce man's Journal. The Catholics are in activity all over the country. An Aggregate Meeting is called in Cork for Wednesday next. A Meeting will be held in Tipperary on Sunday.--Freeman's Journal. The death of General Douglass causes General M'Leod, the Deputy Adjutant-General, to become senior officer of Artillery, and therefore removes him from the Deputy Adjutant-Generalship, in which he is succeeded by Sir A. Dixon. Yesterday were removed from Sloane-street to the family vault in Norham, county of Durham, the re mains of the Ladies Blake, the mother and the wife of Sir Francis Blake, Bart. M.P. Yesterday, a ballot was taken at the East ruse, for the election of six Directors, in the room of Sir to verge Abercrombie Robinson, Bart. ; Richard Chicheley Plowden, Esq. ; William Stanley Clarke, Esq. ; John Thornhill, Esq. ; George Raikes, Esq. ; and Henry Alexander, Esq. ; who go out by rotation. At six o'clock the glasses were closed, and delivered to the scrutineers, who reported that the election had fallen on Wm. Astell, Esq. ; Campbell Maijoribanks, Esq. ; John Masterruan. Esq. ; Charles Elton Prescott, Esq. ; Geo. Smith, Esq. ; and Sweny Toone, Esq. Yesterday a Court of Directtrs was held at the East India-house, when the thanks of the Court were voted unanimously to Sir George Abercrombie Robinson, Bart., Chairman, and to the Honourable Hugh Lindsay, Deputy-Chairman, for their zeal and attention to the Com pany's interest, during the last year. Captain Walter Hor•- rocks Whitehead, of the ship Duke of Sussex, took leave of the Court previous to departing for China direct. DUEL PREVENTED.—Yesterday evening, in consequence of information received of an intended duel to be fought in the neighbourhood of Phippsborough, the Police of Henry-street division were on the alert ; on corn • iug near the place, about six o'clock, they perceived two or three carriages and some horsemen at a little distance. The parties, on observing the police, immediately made off, and have not been since heard of. The principals are said to be a Mr. O'G—y and a Mr. D—y. The spot chosen for the rencontre was the field at the rear of the Bishop's dairy, where Mr. Brie met his untimely end.—Freeman's Journal. IRISH LIEUTENANCY.—A rumour is be coming very prevalent, that it is the intention of Govern ment to abolish the Office of Lord Lieutenant of Ireland ; anil that Lord Wellesley has been suffered to remain here, the better to withdraw the minds of the people from those expectations they had hitherto been accustomed to indulge. Mr. Goulburn, it is said, does not return to Ireland as Chief Secretary. —Dublin Evening Mail. MISS FOOTE'S PORTRAIT.—At the side of Mr. Hayne's property, by Mr. Phillips, yesterday, the ce lebrated miniature portrait of Miss Foote in the character of Maria Darlington, in the farce of A Roland for ass Oli ver, painted by Stump, expressly for Mr. Hayne, was pur chased by Captain Mortimer at 35 guineas. Mr. Phillips stated, that it cost Mr. Rayne from 150 to 200 guineas. It is mounted in a splendid solid gold frame, chased, and enriched with emeralds and rubies. It bad been inspected by a great number of persons, and excited considerable in terest in yesterday's sale. Mr. Phillips proposed to put it up at 100 guineas, but only 25 were named, after much hesitation. The sale of Mr: Hayne's property has been well attended. Among the company in the rooms yester day, we noticed the Marquis of Hertford, the Earl of Cas silis, Lord Hartland, Lord Howden, &c. Serious apprehensions are now entertained fo:. the safety of the Tweed. One individual has opened poli cies to a very large amount, which are termed Gambling Policies, as he has no interest whatever in the cargo of the Tweed, and should any accident have happened to her, will realize a considerable sum of money. The Chain Pier is again, as the fine weather approaches, becoming a favourite promenade. We trust that preparations are (also making to conduct the Royal Gardens with spirit and vigour during the ensuing season. —Brighton Paper. BASK COIN.---During the last week, Mr. Batty, superintendent of Police, observed a well-known personage in this city, anxiously watching the arrival of the Manchester roach for several nights ; and thinking there was something in the wind, Mr. Batty also watched. Nothing, however had arrived to ezeite suspicion; but on looking amongst the luggage on Wednesday night, Mr. B. discovered a travelling trunk, directed to Miss Ann John ston, to lay till called for at the Coach-office, Carlisle. This trunk was opened, and found to contain 660 base shillings, and 72 half-crowns, ready for circulation..... Carlisle Patriot. POISONING BY OPIUM.—On Sunday last, destroy ad erherself.re t The desiredcri curing the effeMrs. —, of Douglas-street, Vauxhall-bridge- roa d, a beautiful and interesting young female, proc ure d a very considerable quantity of laudanum, by purch as i ng sma ll pressing l e a s : si i s t go i tooth-ache), a rb t ecr d oa i r ff m e inSe apparent r o e n l o i t i r e rle t r sho i i n to the by s t an d ers ; an d, a ft er to (u the e she very the painful fact. M r . H ast i ngs, a surgeon, in the Vaux hall-bridge-road, was immediately Bent fn u r; a l l i t f l disclose d the wu the , i ebbing fast, b ut through the prompt application of the stomach-pump, the poison was completely withdrawn, and she is now in a convalescent state. SUICIDE.---A day or two ago Mr. Pagden, of the King's Head, St. John's Common, was found hang ing by halter from a peg in the stable, quite dead. The peg was not more than four feet from the ground, and the halter was two feet long. When found, his head was not more than two feet from the ground.—A Coroner's Inquest has been held on the body; verdict—Lunacy.—Brighton Paper. MELANCHOLY CIRCUNISTANCE.—A very fine and fast-sailing fishing-smack, named the Blucher, b e _ longing to Newlyn, and manned by six men and a boy, left Mount's -Bay for Bristol, with about 9,000 mack ar d w hi ch they had taken, on Wednesday last, with intent of disposing of tt, fish. When off Padstow, in the evening of that day, blew very hard, and the unfortunate crew thought it best to make for that harbour, in doing which they run on the Dunbar-sands, at the entrance, and in a short time, the smack became a total wreck, and all on board perished. Five widows and eighteen children are left to lament the disastrous event that has deprived them of their natural protectors ; the unfortunate deceased were all men of ex cellent character. —Exeter Alfred. A scythe, bent in the form of a ring, an d a large iron hook, were last week discovered in the middle of an oak tree by John Wyatt, of Taunton, who was em ployed in sawing the same. A DEFINITION.--.A Scotch political econo mist being asked the meaning of metaphysics, explained it as follows :—" When the party who listens dinna ken what the party who speaks means, and the party who speaks dinna k en what he means himself--that is metaphysics." ginPPINCI INTELLIGEN, FROM LLOYD'S. :THIS DAT.) DEAL, APRlLn dfrom Lou don, the Africa, Hooper, for Jamaico. Al eo arr ived, the C. Hamilton, from New York. PORTSMOUTH, APRIL 11.--Wind S. to S.E.—.Arrived, the Caroline, Kitson, from Calcutta--sailed from Calcutta Nov. 5, the Cape Feb. 2, and Ascension Island Feb. 20, with lost of top-mast, head and main-top-mast. Sailed last June, and was dirnasted in the Bay of Bengal, hove up to Calcutta to repair, and sailed as above again ; received damage, and put into the Cape to repair. On the l lith of March spoke the Sov , erby, from Liverpool to Vera Cruz. Sailed, the Homburg] Castle, Denny, for Madras and Cal cutta ; and the Han ,et, Williams, for Quebec. PLYMOUTH, API-IL 10.—Wind N.—Sailed, the Bo livar, Henzill, for St. John's ; and Kitty, Orswell, for Copenhagen. FALMOUTH, AP :'IL 10.—Wind S. to N.—The Tyrian packet, from the Leeward Islands, is working in. The Pero, Ruter, from St. Helena, and the James Daly, —, fron Jamaica, have arrived off Brighton. NORTH and SO`3TH AMERICAN COFFEE-HOUSIL MAURITIUS, Pic. 30.—Arrived on the 16th inst. the Shaw in Shaw, Robertson, from Calcutta, Nov. 16. 18th.—Freneli ship L'Edonard, Mallet, from Marseilles, Aug. B. £oth.--The flip Orpheus, Duff, from Sydney, Oct. 11. M.—Robert Qnayle, Roper, from Liverpool, Sept 22.. 24th.—City of Bordeaux, Alexander, from Cape cf Good Hope, Nov. 2a . , sailed the 24th ; the Flamingo, Sinclair, for Cape of Good Hope ; the French ship L'Aituabla Creole, Drouet, for Bourbon. 26th.--French brig Le Francois, Mogens, for Bordeaur. PORTUGAL. The present respite to the military operations in Portugal has given room for several import ant inquiries into the causes which led to the late aggression by an armed force, deliberately organ ized in a neighbouring territory; and the result of these inquiries has been, that Spain, secretly aided and abetted by certain Foreign Powers, and fearing the dissolution of her oven political existence if the Constitution bestowed on his na , tive country, by Don Pedro should become con solidated, had plotted the return to despotic sway, and, in order to carry it into effect, re solved to make every sacrifice short of an open war with the old and faithfully ally of the riza ganza family. Relying on the aid of all those men who live by public abuses, and seek ho nours, distinctions, and employments without deserving them, the premiditated attack was curl vetted into a local dissension ; and hence did it happen that a large portion of the Portligu?sA population and army, with the Queen Dowaget r a e t ig thei n r t l r l i e g ad, becameue, without the stopping p i instruments i i n .o e r n a t s n of rlm t 1 ,:. i n 5; t to inquire whether the ostensible plea, inventej a pretext for a civil war, was founded in reiliv or not. Precedent was called in to the aid atha plotters, and it was soon determined that Spria should act towards Portugal the part which Franca acted towards the former in 1823—that is, Spain was commissioned to carry into effect the decree of extermination which the Holy Alliance had previously pronounced against liberal institu tions, the more readily, as this war to be waged against the liberal system in Portugal, if success ful, would besides curtail the influence of the only power likely to protect institutions analo gous to its own. As a clear proof that the origin cf the present hostility is the same, it is necessary only to re mark, that the leaders of the actual rebellion are the very same persons who were employed in Portugal in 1823, expressly for the above pur. pose. The Marquess de Chaves, and his Un cle, are again paid out of the same coffers, di rected by the same plans, supported by the same intrigues, seconded by the same persons, and excited by the same despotic Governments which, in 1823, became alarmed at the growth of po pular principles in the Peninsula and Naples, and resolved to suppress them. The above conclusions are deducible ,from facts and records of various kinds, which it would not now be necessary to enumerate ; and our at tention has been more particularly drawn to the consideration of this subject, by the confidential perusal of a Memoir recently drawn up with great judgment and local knowledge, and one which, we have every reason to think, was originally put together for a very high and important purpose. Among the most eligible means to destroy the external and internal intrigues by which Portu gal is at the present moment agitated, the paper in question recommends the following decisive measure : " That it being Don Pedro's intention to maintain the political institution/ given to Portugal, ns well as to se cure the inheritanci of his august (laughter, Le ought to obtain the previous consent of the Brazilian Cortes, about to assemble in the: ensuing month of May, nd immedi ately proceed to I.turope, where his presence alone can radically destroy tie conspiracies, and defeat the combina tions levelled against the land of his ancestors." This proixition is supported by various ar guments of a conclusive nature. It is further established, that a temporary Regency, with the Imperial family left at Rio de Janeiro, is a suf ficient guarantee for all parties, now that the Imperial power is so well consolidated in Brazil, and acknowl?d by so many allies. The Empe ror's visit to Portugal is constantly urged as the only means of putting an end to the present fac tion ; and no danger from the measure is appre hended, since his moral strength, Portugal, will hold Brazil in c h ec k . as King of It is reported, that the plan here suggested is under deliberate consideration, and hi the mean while it is also affirmed, that the Emperor will immediately address to Portugal a decree, ex planatory of chapters four and five of the Char ter, which certainly are not very clear, and b y virtue of which the Infanta Donna Isabel Mari a will not only be Regent of Po r t uga l , conform ably to the intent and meaning of the Charter, but also the immediate Representative and Vice gerent of Don Portugal, Pedro in during is l i . ab - s ence, and the minor i ty of Queen Mary ll. This extension o f powers is deemed necessary in the present p o li tica l state of Europe, and con sidered as more urgently required by the circum stances of the Infante Don Miguel completing, in th e ensu i ng month of October, twenty -fi ve years, when, by l aw , h e w ill be of age, and consequently b e yond th e co ntroul of guardian s . It is besides now seen, that he is detained a t . war r en s n e a nt fo o r re s r o t m o Eesupreops expressly f or hi s con veyance special purpose, th e man o f to Rio de Janeiro, with a large estab lishment, being, as we long ago anticipated, left at anchor in a French port. This is a direct at tack against the views and authority of the Fm peror, a nd, coupled with the late aggression crt the Portuguese territory, demands prompt re dress. Considering the oath taken by the ic.- fante Don Miguel, strong measures might nJt, n e o perhaps, be deemed s o essent i a lly necessa r y ; ties mixed up with t h e po li t i ca l intrigues carry ing on against P ortuga l, a nd it is th e i nterest o f the but it Emperor w ror very clear, th a t there are other rtr h that they should be immediately defeated. We are , therefore, inclined to think, that something extremely decisive may be daily expected from Rio de Janeiro on Portuguese affairs—something corresponding to the known boldness and activity of the Emperor, as well a the magnitude of the object in view.--Morning Chronicle.