The Sun. — London, England, 1833-05-10 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. The French for the last three years have been committing the same kind of folly which we had committed for so long a time before the termina tion of the war, and which we have since aban doned, with the full approbation of every sensi ble man in the country. They have been main taining a sinking fund for buying up dividends, or the interest of their debt, with one hand, while they have been borrowing money, or im posing the payment of' new interest, with the other. Ever since the revolution of July, 1830, their expenditure has exceeded their ordinary income 6,000,000/. or 8,000,0001. sterling a year, and yet they religiously abstained from any diminution of their sinking fund. The amount of this fund appropriated annually for the re demption of debt is 44,616,463 francs, or Ndknewhat less than 2,000,0001. sterling, and the Government has been obliged to borrow annually 6,000,0001. or 8,000,000/. sterling. Instead of applying the former 2,000,0001. to reduce the necessity of borrowing in the first instance, or, in other words, to diminish the amount of new loans, they borrowed all the sum required for the public service, or con tracted new debt, to be ultimately paid off by a fund which, if applied in the first instance, would, to the extent of its own value, have pre vented its creation. They thus maintained the Juggle by which we were so long deluded or in sulted, implying the principle that a nation, or hrt individual, may or can get rich, or pay off debts, by borrowing. The present Minister of Finance in the French Government has departed from this absurd policy, and has appropriated beady the half of the ordinary sinking fund to the service of the ensuing year. He calculates the supplies for 1834 at 1,019,000,000 francs, or nearly 41,000,000/. ; while the ordinary revenue, or the annual ways and means, at the disposal of the Government, amount only to about J 80,000,000. There would be thus a ideittit of about 39,000,000 of francs, which he proposes to cover by appropriating 20,000,000 of francs from the sinking fund, and by im posing an additional duty on wine and spirits to the amount of 20,000,000 more. France will still, therefore, have a sinking fund of diminished amount, but it will be a real one, arising from an excess of income over expenditure. Besides the an nual sum of 46,000,0001. arising from the ori ginal per centage set apart for the reduction of debt, the Finance Minister has at his disposal 49,383.539/. of redeemed dividends, which, instead of being allowed to accumulate, may either he cancelled or employed in diminution of the ordinary charges of the year. If joined to the original dotation of the fund, the whole will constitute a surplus of nearly 3,000,000/. sterling for the redemption of debt, even after deducting the 20,000,000 f. to be applied in 1834 to the service of the state. The Finance Minister had expressed a hope to be able in the course of' the present session to re duce the 5 per cents., of which the debt of France mainly consists, to a stock at a lower interest. This project he has for the present abandoned, but as the 5 per cents. are now above par, it would be absurd in the Govern ment to repurchase their own securities at a higher rate than their nominal value, when they can actually pay them off at par.—Times. We select from a very brief pamphlet, but one which has other merits besides that of brevity to recommend it, some passages containing sugges tions for a new management of the public ac counts, which ought to command the attention of official persons. Mr. Jones, of whose plans this book of seven octavo pages discloses the outline, has, it seems, attacked the colossus of of economical method and reform, even Sir Henry Parnell himself, in his citadel, but the Right Hon. Baronet has shown himself disin clined either to make fight or to beat a parley ; and failing the attention of the Right Hon. Baronet on the one hand, and on the other that of his Majesty's Finance Ministers, to his pro posals, Mr. Jones intends, by one means or another, to get them laid before Parliament, Indeed, it seems that no time ought to be lost in putting the Legislature on its guard against the adoption of the French scheme of bookkeep ing, so elaborately reported on, and so vehe mently though vaguely applauded, when, as the pamphlet says, it was but a short time after M. _Laffitte, himself an eminent banker, had pro nounced the French bookkeeping impregnable to fraud, " that Kessner was declared a defaulter to the amount of 450,000/. !" " From remarks made by the Chancellor of the Exche quer, it appears that be intends to bring into Parliament a Bill, founded on a report of Sir Henry Parnell, to improve the Exchequer. The King's commission empowers Sir Henry Parnell, and other commissioners, to go through all the departments of income and expenditure ; and if they ake only the same time for each, it will occupy about 20 years, with the consequent expenses, to put the whole merely on an altered, but still imperfect and false footing, liable to defalcation and fraud ; because the Exchequer de partment and accounts, which are to be the filet to receive the French and Italian dress, will still proceed on an im perfect and fallacious basis. Mr. Jones,* having read Sir Henry Parnell's report on the Exchequer, offered to show him wherein his plan is de ficient, but obtained no attention. Twelve years since Mr. Junes discovered an omission of more than 29,000,000/. sterling in the annual Treasury account laid before Parliament; and he has eversince been endeavouring to draw the attention of the Government to the false state of their accounts— but in vain. He has now memorialized the Board of Treasury of a reformed Go vernment on the subject, and hopes he shall receive the sanction of a reformed Parliament. Mr. Jones has, in his memorial, given to the Board of Treasury a plan di rectly opposite to Sir Henry Parnell's, which awaits their Lordships attention. The plan proposes to abolish the Exchequer as a useless and expensive establishment, and in lieu thereof to establish a Finance Board of Treasury, to consist of Four Commissioners, in addition to the Pre mier and the Chancellor of the Treasury. The arrange ments of this Board would be, to receive daily, from each department of income, audited returns, in brief, of duties and taxes, &c., claimed from each district, and established to be due, and also of the moneys received and expenses thereon, and of moneys paid by etch collector and receiver thereof, into the Bank of England to the credit of ti e Finance Board of Tre..sury. knd also for the said 'Lard to have daily sent to them, in brief, the audited returns of all claims on each department of the Government expenditure for loans, dividends, contracts, raw materials, manufac tured gi.ods, salaries, wages, pensions, interest, bounties, &c. ; all which claims would be enteted in a diary on the days they would respectively fall due ; and thus the Board would know, from week to week, what moneys would be required. The Finance Board of Treasury would then have to sign, in the week previous to claims falling due, distinct cheeks on the Bail( of England for each claim; and the.e being issued to the treasurers and payma , ters of their proper departments, to be by them countersigned, and endorsed by the claimants, 'multi make the round hf regular duties for the Board. This process would make the Board p rac tically acquainted with every circumstan ce as it pro ceeds...-would prevent the estimates for the year being ex ceeded—and would give an opportunity of investigating and controlling the whole income and expenditur e of the Government, in that most efficient manner which cannot be done by any other mode now in operation or proposed by the Government ; the Finance Board of Treasury would tbrre.ore possess these and other important ad vantages, of which the . Exchequer can know nothing." e have, unfortunately, not space to insert more than one of the said enumerated benefits, • Who has been above half a century constantly occupied in extensive mercantile and other trading affairs, and in the bust. ness of a public accountant. ; but we have said enough to draw public notice t o the subject. " All cash hilances would he taken at once from the hands of treasurer., paymaster, sub -accountants, and clerks, ind placed at the Bank of England to the credit of the Finance Board of Treasury: and thus all instances of trod and defalcation would he prevented. a 6 • • • • " The question is of ioo great importance not to de mand the attention of a Committee of the House of Com mons, which should consist of merchants and others, cntlemen of commercial knowledge, to investigate the subject; and Mr. Jones should, of course, he instructed to attend the Committee to give them information. And if the Committee be composed of such gen tlemen as London, Bristol, .Merthyr, Birming ham, Durham, &c., have elected as their representatives, and who, from their extensive engagements in com mercial affairs and matters of account, will be masters of the question, there can be no doubt that the Chancelor of the Exchequer will obtain a plan worthy of a re formed Parliament, and of the commercial knowledge of the United Kingdom. " High-sounding political names are not necessary to the arrangement of the best mode in which the pecuniary business of the public should be conducted ; but the ad vantage of Mr. Jones's practical knowledge, extending through half a century (in which time he has given plans to several hundreds of the first mercantile, banking, ma nufacturine, and trading houses in the kingdom), it must he suopo-ed, does so outweigh the little experience which Sir Henry Parnell can have had in such mattere, that it becomes necessary that both these gentlemen's plans should be most impartially investi;ited before a Committee whose opinions would be formed from long practical knowledge ; so that the plan which, in its combined operation, comes ne treat to mercantile arrangement, supplying the most fficient control over the whole pecuniary affairs of the Government, and ending in the most complete system of perfect accounts, may be adopted as a great national benefit. •• And the positive necessity of this cannot but be ad mitted by every Member of Parliament who will calmly and impartially survey the subject. Fur whether we look at the vast magnitude of the millions of property which is annually passing, at great risk, through the hands of re ceivers, collectors, Measurers, paymasters, soh-aceountants, and clerks, both as income and expenditure ; or whether we look at the vast concerns of Governmaeot in carryine on the most extensive at tnufactories in the world, or in their daily extensive salts, with their ledger accounts against their debtors, constantly liable to robbery and fraud (which have actually taken pl ice), and all which transactions are properly enough branched off into minor departments for managing the detail—yet there is no Beard the daily business of which is to become acquainted with this vast business as a whole; which, from its Own knowledge of passing events, can confirm or countermand, as may be necessary, the transactions of each revolving day, so that no carelessness in col lecting the income may pass unnoticed, and that the estimates may be respected to which the Parliament his agreed, and the expenditure reduced below the esti mates whenever it is at all practic ible. Besides, the ex • istence of such a Board, by becoming the real treasurer o f the public income, would have prevented all the frauds and defalcations which have taken place; some of which have never come before the public, as we think was the case of the 29,0001. taken from the Navy. office a few years since. And such an efficient Board would have taken care to being no false charge against the De puty Cashier at Greenwich, while it would in every va luable respect be equal to the partners in an extensive mercantile establishment, whose important superintendence and acquaintance with the whole cannot be dispensed with, although they may divide the labour among various de p irtments suited to the circumstances. The necessity of a total change from the pres-nt plan is admitted by the Government, both in the existini, commission of the King fur investigation, and by the seniiing of a deputation to Paris to know how the French Government manages its affairs—a mole which was estimated so highly, that a report thereof, consisting of 161 folio pages, was printed and laid before Parliament, commencing with a declara tion from M. Laffit•e that their mode was altogether so perfect as to defy defalcation. And yet soon after issuing that repor► Kessner was di Glared a defaulter of 450,000/. Thus did this embassy end in great expense and us, ess • ness ; because the new arrangement of Government trans actions was committed to politicians, instead of pracical men of business. Practical men would not have been guilty of so preposterous a measure as sending a deputa tion from this commercial nation to Paris for examples how the transactions of levying taxes, duties, &v., and of buying, selling, manufacturing, receiving, and paying money should be conducted, and the accounts thereof kept. Never were we, as a commercial nation, so degraded as in that ridiculous proceeding. Practical men would have looked at home, among men of commerce, for informa- ti on how such a business ought to be newly arranged and conducted. And it is to be hoped that respecting a goes thin of such vast importance, the reformed Parliament will not suffer themselves to be dictated to by gentlemen who have thus shown, by their attempt to copy from the French, that they are quite ignorant how such matters ought to he conducted, and are consequently unequal to the task which they have undertaken. Rather it is hoped that the reformed Parliament, led by a reformed Government, will no longer suffer the millions of money hich are now annually placed in the hands of subor din,te persons so to continue ; but agree to place the same in the hands of a Finance Board of Trea•nry, which hail be a Board of positive business, responsibility, and control."— Timex. We alluded, on Monday, to the corruption of the borough of Liverpool, and this case must receive the earnest attention of the Government and a reformed Parliament. If the notorious iniquities of thefieenten of this borough escape plmishment, if the Liverpool freemen are not isfranchised, the new House of Commons will he degraded in the eyes of the whole country. The House of Lords may daily with the Staf ford Bribery Bill, but a i7eformed Parliament can make no terms with election corruptions. The Select Committee appointed to inquire into the matters of the last election petition of Liverpool reported, last month, " that cases of bribery and corruption had been proved ;" but the Conserva tives rest their defence of the venal freemen on the ground that the Committe equalified that re port by the assertion " that such cases did not appear to have been with the authority of the candidates, or to have been pursued systemati cally or extensively." When we consider the nature of these defective tribunals, Election Committees, we only wonder that any petitioners succeed in proving bribery and corruption. The Committees sit only on an average five hours a day. Each assignment of bribery or treating is a separate issue, and occupies the time of a civil action. The absurd rules of English evi dence and Parliamentary procedure protect agents and offenders, and exclude all the testi mony most important to elucidate the case. Counsel add their customary mystification and superfluity of words, to the defeat of truth and common sense. An enormous expense is in curred by the petitioners. All the municipal authorities of a town, and frequently much of its public funds, are appropriated to defend corruption. A Committee, wearied out, dies with anxiety to " report ;" and this re sult is deemed in common parlance " justice!" Now, t+'itl► respect to bribery or treating being " with the authority of candidates," every tyro in electioneering takes good care to screen his candidate, and the fear of the law induces ha- bitual cunning and secret management in the processes of corruption. In the last election for Liverpool this was necessarily the fact. The disgusting want of principle displayed at the contest in 1830 was notorious throughout the country ; a special report of the Commons' Committee denounced the scandalous proceed ings of that election, and a Bill for the disfran chisement of the corrupt part of the constituency (the freemen) was introduced by Mr. Benett, read a second tune, and terminated only by the dissolution of the l'ailiament. After this immi- vent risk of their franchise, the Liverpool free men would of course be more circumspect, but the venal spirit and " habit" of their elections would unquestionably continue. The virgin purity of a borough once v i o l ated can never be restored in the same generation. Liverpool, also, had been habitually corrupt. The municipal elections for the office of Mayor have been long profligate beyond example. The bribery at elections of Members of Parliament was equally open and notorious; its degree was always in exact proportion to the wealth of the candidates and their parties. A recent contest, it is well known, cost upwards of one hundred thousand pounds ! In 1827, the Grand Jury of the bo rough formally presented the bribery as a nui sance ! Its close corporation was not likely to discourage or improve the practices of the free men.—Election, in Liverpool, is a farce. Poli tical principle is the last and least ingredient in the poisoned chalice of corruption. Local fac tion —party interest—filthy lucre—are the sole component parts of a Liverpool contest. We have alluded to the excellent digest of the evi dence given before the last Committee. Not withstanding the diffi c ulti es a tt en d a nt on " proof," the evidence distinctly est a bli s h es cases of bribery —of refusal of the Bribery Oath, a significan t indication—solicitations for bribes and drink— treating, in every sense—and beastly intoxication. But do we want more than the fact of such a numerous and respectable 101. constituency, created under the Reform Bill, being over whelmed by the old freemen ; and such a waverer as Lord Sandon returned instead of Mr. Thorn ley ? Whatever reasons might have existed in 1830 for the disfranchisement of the old rolen freemen, they are ten-fold increased in 18323. There are now about 12,000 electors entitled to the franchise ; of this gross body nearly 5 ; 000 are freemen. Without the freemen the new con stituency is now sufficiently numerous and intel ligent to return the representatives of the bo rough. A freeman unprotected by the ballot is the worst description of universal suffrage. He is not like the scot and lot voter, possessed of some status and domicile ; but he is generally the most ignorant, poor, and easily corru7ted elector. The close corporation of a borough generally use him as their ready and pliant tool. The local charities are given in exchange for his vote. A new coat, a Sunday loaf, a slice of an appren ticeship charity fund, employment in public works, are irresistible temptations, and lead him a willing slave to the poll—decoyed in buttered ale, and generally with a month's wages in his pocket. Thus the Reform Act has proved a mockery and a dead letter in Liverpool. Will the present Ministry allow such a stain and blot on the reformed system of represen tation to remain ? Is a rising population of 200,000 inhabitants—the second port in the kingdom—to remain thus misrepresented— thus contented with two Members, while Dover, Harwich, and many insignificant seaport towns enjoy the privilege of electing also the like number of representatives ? If the Liverpool "freemen" are to escape disfranchisement, let them elect their two purchasers, and empower the ten-pound constituency to elect their two real representatives. The House of Lords, at least, should have the credit of defending and maintaining this corrupt constituency ; the re formed House of Commons, and the authors of the Reform Acts, can never degrade themselves by supineness in Such a ease. The whole country is interested in the purification of Liverpool. A commission of three intelligent men, authorized by both Houses of Parliament to investigate in the borough the habit of election, with power to send for persons and papers, would in less than one month give a retrospective and present account of corruption, " as notorious as the sun at noon-day." We repeat, that the Ministry and the new Parliament will be severely judged by their conduct in the cases of Liverpool, Stafford, Hertford, Warwick, and Carrickfergus. " By their fruits shall ye know them." If these places are not to be purified by the special re forms of disfranchising the old corrupt consti tuency, and in some by enlarging the boundaries of the boroughs, we would recommend to Lord John Russell and his colleagues the straight forward course of a Bill to legalise bribery and corruption in lieu of the Ministerial measure now before Parliament, for putting an end to corrupt practices at elections. ‘Ve do not doubt that the Conservatives would afford their hearty co-operation.—Morning Chronicle. Colonel Evans is so far in advance of either of his competitors on the first day's poll, that his return appears to many almost certain. There are electors remaining unpolled far more than sufficient to secure the .return either of the late Secretary for Ireland, or of Mr. Escott ; but we do not believe that it is possible to induce the real constituency of Westminster to declare its sentiments. The gentry are active from attach ment to principle, the rabble are active from the desire of plunder. But the. middle classes will not exert themselves until the torch is thrust in at their own window, or the knife drawn across their own throats. We have the means of knowing that to the friends of Sir John Hob house the success of that Right Hon. Gentle man appeared yesterday utterly hopeless. Every leading Whig with whom you conversed, after the close of the day's poll, was sure to amuse you with a suggestion that it would be at all events desirable to keep out that troublesome Radical ; that, after all, the Whigs and the Tories have a common object, the maintenance of good government, though they pursue it by different roads ; that it would be most unwise to sacrifice the public good to vindictive passion or personal antipathy. Let us at once speak out on this point. If Mr. Bickham Escott's chance of representing Westminster be not a whit better than Lord Althorp's chance of ut tering two connected sentences in one night, or Lord John Russell's chance of having his tra gedy read by a milliner twenty years hence, still we say to Mr. Bickham Escott, persevere. It is necessary for the character he values, and it is necessary for the cause he defends, that he should persevere. He came forward with a gallant spirit, for which his worst enemies honour him, at a time at which a perfect canvass of the borough was impracticable. No such canvass has been made. He went to the poll relying, not upon the returns of agents, but upon the supposed good sense and right feeling of the constituency. He has no right to say that good sense and right feeling do not exist until the period allowed by the raw for the e xhibition of them shall have expired. What will be the consequence of his perseverance in the contest ? In the first place, he may yet he the successful candidate. In that case we shall have an honest and able man placed where honesty and ability are just at this moment sadly wanted. In the second place, he will at all events enable us to understand how many of the Westminster electors desire a revolution, how many esteem a renegade, how many love the laws under which they live, and honour the man who is ready to toil in their defence. In the third place, he will teach the Whigs a whole some lesson. How d i d Mr. Charles Wood write to his friend in Ireland ? " Any body but a Tory 1" How did the Whigs vote in Maryle bone ? Sir S. Whalley sits by the help of the Whigs. " Anybody but a Tory !" - It is time they should know that we can make no dis tinction between Repealers and the supporters by whom Repealers are returned,—between Radicals and the supporters of Radicalism. We speak in no vindictive feeling, when we confess ourselves unable to perceive the difference which the Whigs have laboured so assiduously to obliterate. And, finally, he will avoid the imputation of contributing by his retirement to the election of either the" popular and pelted" Secretary or the " Wellington" of of Mr. Wakley. Do not let him affect, or ap pear to make a choice between the well-matched rivals, between the mischief done and the mis• chief meditated, between the Baronet's man and the Doctor's apprentice. The scribes of the Treasury began by abusing Colonel Evans for bringing i❑ a Conservative ; they conclude by abusing the Conservatives for bringing in Colonel Evans. Colonel Evans refutes the calumny they flung upon him by his station on the poll. And for the Conservativess so many grievous cherges are daily urged agains, them that they need not be ashamed to coldest the venial fault of liking the Colonel at least as well as Sir John.— .11orninz Post. COURT OF KI •G'S BENCH, MAY 9. TILE KING V. ROTHERII Or AND OTHERS. In this c4se, which was one of assault, and which was not concluded yesterd ►y when we went to press, the jury found the defendant, Charles Rotherham, guilty, and the defendants Henry Rotherham and George Marriott, not guilty. Char!es Rotherham was.entenced to pay a fine of 5/. Mr. Justice PATTESON then observed that the case ought to have been disposed of at the sessions, and on - being informed that the prosecutor had re moved it by certiorari, he added that he was very strongly opposed to the mode in which writs of that description wen! granted. [This indictment would have only put the parties to the expense of about N. at the sessions, but in tiT King's Bench it must have cost them nearly 1001.1 COURT OF COMMON PLEAS, MAY 9. COOMBES v. SHERVILLE. This was an scion of trespass for seizing the plaintiff's goods under a distress for rent. Although the action was brought and defended in the names of the above parties—namely, the tenant in possession, and the broker who had put in the distress—the real parties to the cause were the represenra , ives of the late Dr. Tice, and those of his father, Mr. Tice, of Hatton-garden. Mr. Tice, who had carried on business as a chymist and druggist in Hatton-garden, died on the Bth of April, 1819. Previously to his death he had made his will, by which, amongst other things, he be queathed two leasehold houses in South -street, Finsbury, to his son, Dr. Tice, who resided at Bruges. The latter, who was married, died at about five o'clock on the morning either of the Bth or 9th of the same month, the father having died at the hour of 11 on the Bth. After the death of Dr. Tice, his widow having represented to the execu tor that her husband had survived his father, arid that therefore the legacy of the houses took effect, was by him put into possession of the pro perty, and she afterwards borrowed of a Mr. Roberts 3001. on an annuity charged on those houses. The interest was regularly paid until some time ago, when Mr. Turner, the residuary legatee un der the will, having had reason to believe vat Dr. Tice had died before his father, and consequently, that the legacy had lapsed before the testator's death, determined to try the question, for which purpose he gave notice to the tenant to pay no more rent to Mr. Roberts, or the representatives of Mrs. Tice. On his acting upon that notice, and refu sing to pay the rent, a distress was put in, for which the present action of trespass was brought. The jury returned a verdict for the plaintiff, thereby finding that Dr. Tice had died on the Bth. COURT OF EXCHEQUER, MAY 9. THE ATTORNEY•GENERAL V. 5311TH AND ANOTHER. The A'PTORNEV-GENERAL tiled this information against the defendants, who are distillers at White chapel, for sending out a quantity of spirits without a permit, and also for omitting to paint on their casks the quantity they will contain, as required by the statute. James Eilrington went to the premises of the defendants at seven o'clock in the morning of the 27th of last September, and saw two waggons going into the yard. They were then empty ; but he saw them afterwards coming out with four calks in each waggon, and go into the rectifying distillery of James Cox Smith, which joins the defendant's pre mises. Witness followed, and as he entered saw one of the casks in the state of being racked, on which he asked the defendant Smith for his permit ; but Smith, after going to his bookkeeper, said there was no permit, upon which witness despatched an officer to the Permit-office, which was between 200 and 300 yards off, to itiquire if a permit had been given. The officer returned and said, " No, there bad not." About eight o'clock some of the de fendants' men handed witness a permit, which he then produced. This permit must have been pro cured after the message to the office. Witness seized the eight casks, and alto eight others which were on the premises, and on examining them, found they all contained larger quantities than were marked upon them—about two gallons more. Cross-ex,mined—Spirits may be legally moved between 5 in the morning and 8 in the evening. The permit-office is not open before 7 o'clock, and on'y by special favour can a permit be procured the day before the spirits ate remove]. There did not appear any attempt to conceal. Lord LYNDHURST observed, that it appeared the defendants were not guilty of intending any fraud against the revenue, although, perhaps, they were not strictly correct in their proceedings. The ATTORNEY-GENERAL would not impute fraud, but the object of the prosecution was to mice distillers and all persons connected with them know that it was illegal to commence the removal of spirits without having previously obtained a permit ; but having effected that o' ject, he should, after his Lordship's intimation, withdraw the record.—Re cord withdrawn. ARCHES COURT, MAY 9. SWIFT V. SWIFT. This was a suit for restitution of conjugal rights, promoted by Mr. William Richard Henry Swift, against Eliza Catherine his wife, for the purpose of substantiating the validity of a marriage, alleged to have been solemnized between the varties at Rome, according to the forms of the Roman Catholic church, on the 25th of March, 1830. The libel and counter-allegations exhibited such an extraordi nary conflict of assertions respecting material and essential facts, that it is necessary to epitomize each, which we shall do as accurately as it is possible, under such circumstances. The libel, consisting of 14 articles, and on which six witnesses were examined, pleaded that Mr. Swift (who is a native of Dublin) was the son of the Countess de Molandi ; that in January, 1830, he was introduced to Miss Kelly (a native of Ar magh), a minor, who, with her mother, resided at an hotel in Florence ; that both families removed from Florence to Rome, where they inhabited the same hotel ; that proposals of marriage were twice made to Miss Kelly by Mr. Swift, and rejected by Mrs. Kelly; that Mr. Swift thereupon suggested to t h e young lady a private marriage, and prepara tory thereto that they should abjure the Protestant rel,gion and become Catholics; that Miss Kelly consented, and Mr. Smith obtained a license for their marriage from the Vicar Cardinal at Rome, and on the evening of the 25th of March, 1830, after the forms of abjuration were gone through, the marriage was solemnized by the Abbe Ludovico Lepre, in the apartment of Mr. Swift; that the marriage was consummated, and Mr. Swift was re peatedly admitted into the bedchamber of Mr:. Swift, and was surprised there by Mrs Kelly ; and that in April, 1830, Mrs. Kelly and her daughter left Raffle and went to Naples, which removal was communicated by the latter to Mr. Smith, who fol lowed, and corn inued secretly to correspond with his wife till they left Naples. The counter-allegation, consisting of 13 articles, and on which 12 witnesses were examined, stated 'he facts of the parties meeting at Florence and Rome, the proposals of Mr. Swift, and their rejec tion by Mrs. Kelly, in the propriety of which rejec tion Miss Kelly agreed; that Miss Kelly did not consent to the proposal of a private marriage, but agreed, upon his urgency, to sign a paper promising to marry Mr. Swift when she came of age (she was then 19); that she never consented to abjure the Protestant religion, nor ever did abjure it, but that she was and is a member of the established church of England and Ireland, and was never admitted a member of any other church; that Mr. Swift did not abjure the Protestant religion, or, if he (lid pretend to do so, it was not bona fide, but a colourable abjura'ion, with a view to the intended marriage only, and that he is still a member of the English church ; that on the evening when the alleged marriage was said to have taken place, which was without Miss Kelly's know. ledge, privity, or consent, she was requested to go up into Mr. Swift's apartments, where she found Mr. Swift and three other persons ; that one or two papers were produced to her, which she agreed to sign, under an Pea that it was a promise to marry Mr. Swift when she came of age, the whole lasting only about five minutes. The allegation concluded with denying- the fact of consummation, and that Mr. Swift was ever admitted to Mi-s Kelly's bedchamber, or was ever surprised there by Mrs. Kelly, or that he procured access to the room by a rope attached to the balcony, as pleaded in the libel. Dr. PHILLIMORE, on behalf of Mr. Swift, stated that the whole case depended on a few dates. In October, 1829, Mrs. Kelly and her daughter came to Florence. In November the acquaintance com menced between them and Mr. Swift. On the 25 h of February, 1830, Mrs. Kelly and her daughter left Florence, arid arrived at Rome on the 2d of March, and on the Bth a proposal was made by Mr. Swift, which was declined by Mrs. Kelly by letter dated the 9th. A second application was made on the 11th arid rejected, and on the 25th the cere mony of marriage took place. The only remaining point was the consummation. This was not ma terial; but if it was, the lady's letters, and one especially, would be convincing upon this point. Sir JOHN NICHOLL—It does not render a mar riage valid or invalid. Dr. PHILLIMORE concluded by saying that the case was one of the strongest ever brought before the Court of the validity of a marriage, and unless all the landmarks laid down by Lord Stowell were departed from, he submitted that the Court must consider the marriage clearly substantiated. The KING'S ADVOCATE, for Miss Kelly, said that this was is question of very great importance, not to the parties merely, but to the public at large. Fraud and circumvention had been practised on this lady, and some persons had lent themselves to the fraud, either to make converts to the church of Rome, or for some other object. lit a case of this description the Court must watch narrowly the con duct of all the parties. It was not necessary to point out the facilities and temptations offered to young persons at Rome, and other Italian stases, of availing themselves of this nominal abjuration of the Protestant religion, where a power of dispensation (sufficiently extensive as it always was) could be extended to such a degree as in the present case. The Learned Advocate then pointed out the incon gruity of the asserted intercourse between Mr. Swift and Miss Kelly, with the circumstances proved in the cause, and particularly the arrange ment of the sleeping-rooms. He submitted that the fact of consummation was not proved by the evidence on the other side, and was completely dis proved by the witnesses on behalf of Miss Kelly. The reading of the evidence and the argument stand over till the first day of next term. WESTMINSTER SESSIONS, MAY 9. GAMBLING. HOUSE. Edward John Hodsoll, Charles Stockwell, atiJ William Charles Hancock were irid.eted, together with John Liffey Bond, Charles John Scott, and James Harvey, for keeping and maintaining a com mon gaming-house. The three latter-named defendants did not appear. Mr. CLARKSON said that the house in question was sltuate No. 54, Regent's-circus, six doors from the house which was lately prosecuted. Lie should have been able to prove that on the 7th, 9th, 12th, and 14th of F•-bruary last, the games of rouge et noir and roulette were played for sums varying from one sovereign to one shilling. He should have also proved that on some one or on all those occasions the defendants acted in the capacities of doorkeeper, banker, and waiter. He (Mr. Clarkson) was in formed by the officers of St. James's parish that at the last sessions there were 27 houses of this de scription situate therein, and out of that number only two had been closed in the interval, but three new ones had been opened, so that the number had been increased, rather than otherwise. Mr. PHILIPS said that those houses had nothing to do with the present case. He would advise these parish officers to go to Crockfurd's, not far distant from the house in question, where they would find Lords and ether Peers of the realm at play. T. 'e COURT sentenced the defendants, Stockwell and Hodson to 3 months', and Hancock to 14 days', imprisonment in the House of Correction. Mr. CLARKSON then made an application to the Court in respect of Harvey, one of the defendants, who had been in the Court that morning, and de parted without making any application. He (Mr. Clarkson) hoped for that contumely his recog nizatices would be ordered to be estreated. The COURT granted the application, and they were declared to be forfeited. During the trial the Court was excessively crowded by persons connected with the various " hells" situate in the western part of the metropolis. Mr. John Philipson, a person respectably con nected, was indicted for having committed an inde cent offence with a man in Covent•garden. A man of the name of Morgan, a constable be longing to the market, was the principal witness, arid he was subjected to a rigid eras-examination by Mr. Philips, when he prevaricated very much in his statement, and admitted that at the last session he preferred a similar charge against another gentle man, who was acquitted. Mr. PHILIPS addressed the jury at great length and with much earnestness. A number of persons who had known the tra• verser from 20 years downwards, declared him to be a moral man, but of retiring and timid habits. A respectable medical gentleman proved that the traverser had been hie patient for years, as he be lieved under extreme nervous irritability. The CHAIRMAN summed up the evidence, and The Foreman of the Jury, without consultation, addressed the Court in an emphatic tone, and said, " We are all of opinion he is Not Guilty?' The gentleman was then congratulated by his friends, but he was seized with violent hysterics, and made the court resound with his cries, and it was with difficulty that four men could remove him. His condition, and a general belief of the falsity of the accusation, caused a general sensation of pity. POLICE INTELLIGENCE. MAR YLEB ONE. Yesterday moininv, Mary Weaver, Martha Grown, George Smith, and ll'lary his wife, were ,gai❑ placed at the bar, having been remanded on Tuesday last, on the charge of stealing linen and other property, to a consnierable amount, from the residence of the late Mrs. Kenyon, Z, Duchess-street, Portland-place. T read Mr. Searancke (Mrs. Kenyon's nep hew, a gri. hoevedrehpyosii‘tli,o.tipsh7ifliptsh.etheseevieerrakl, after ter; iged:olfitee of her executors) expressed his be lief that lor, Kenyon had given the knives and forks to 0, 10 vants; lie, therefore, felt inclined to exonerate completely as regarded the stealing of those artico, Mr. Wooler (for the prisoners) contended deceased had always had a high respect for, e ad ever placed the greatest confidence in, her who had lived with her so long a time , the p r the was that the linen, together with the r est of Pbef perty, was giv e n t o them; he submitt ed that t was no proof whatever to the contrary. . tlf Mary Weaver, the cook, who sobbed blt ter ' t ring the proceedings, was asked by the 1114is trs ; she had anything to say; whets she denied til . ? things found in her possession had been fraullwei;;t obtained, and said that if her dear mis ress wa' s e she would attest the fact Slie said that sbe ee d much befrien ded her long course of servitude, son of a dishonest action, and that she had not oni, occasion wronged the mistress who had alw a ' ( p ie r ' i l so h n e e r. rs in the strongest term' nied their guilt. intention ,ne is to commit all the prisoners for trito.oo 1 y were accordingly removed in CUSIOCIY the t t te l l i ir a e-NeirN t h a..i e rriSit; % o t : • a i :l s trrst' l ;e : l: e errli t e l N:kls t ..e o —ub si( p cel r ' e hn s o s t asregrettedlr facelg h t olyf that a l s e p eh o ve ' l a thi be 118del • e. f ::' r1;111 d he,a p s t a so y t e ie n r it - le , eirnt at hain i m il s e :h s iof a uj m lidi e s: t f, so far") onc e more F e/ Magistrate follow up the prosecution, but he did n ot 06- b age In a h a O e n t ih tt e al e f a a s t e t hour after their remova l fr .lti; bar r prisoners again took their former wh N e l t r '— . HOSKINS said to them—c , The roseeat°' youthl T s ethiserreeticetadnits announcement eitioa e r x eg c oe i 7fi t :l) e m.ree7 d 7dtefiol t eir l sn ie tvseaak a rillid s : t gPnl o oltt i t3hstisgtP-B: : hotricl4°l ' are j all present, and the parties left the office as ect amszed as any of the bystanders at their or'esP escape. UNION. HALL. Yesterday William Richardson , a ta ll, ` e formed young man , a p rivate belong ir belonging t ° ,.!, 11 0 Battalion of the Cold;trearn Gouda' W as .. ri ti ; bvfure Mr. CHAMBER S , c h arge d wlth stes'icV watch an , ichain, tile property of Mr. Hob ils ' l t B re ill m and jewell e r, 142, G reat SurreY' s- Blrielifriars-road.—R eman d e d till ThursdaP HOUSE AND WINDOW TO I. " To John Holmes, Esq., High Bailiff of t' and Borough of Southwark. of ?! " We, the undersigned inhabitant householder§ pol town and borough of Southwark, request you 81 : 1 a public meeting of the electors of the said tl be er borough, at the Town Hill th-reof, to conside r f CAO; pcdieney of presenting a petition to the House ;do' mons, praying for a total repeal of the house an d h ; '' I) 4° ' taxes, and for the establishment of an equitable petty tax." The above is a copy of a requisiti on signed 1 # 0 4 4° electors of Southw a rk, whi c h was y es t er d a y r e f by! the High B tilitf. An tiler requisition, s igns el-ctors, has been also presented for a meeting , same object, and also to consider of the conduct of o 'o 4° Brougham, in voting for Lord Althorp's am od s. °e holl' i the motion of Sir John Icy, for the repeal of t "? a teil and window tax. Tire High Btiliff has aPe O rtO t meeting to be held at the Town Hall, in porsuM° requisitions, on Monday next, at one o'clock. THE MARKETS. CO it t? GENERAL AVERAGE PRICE (. For the Week ended May 3, 11;:33, made up from t!'„ of the Inspectors in the different Cities and "rowns and Wales, pei Imperial Quarter. 306' yy Wheat-- 53s su. Oats -. 17s. , Barley- I 25s 103 Rye 31s. 23,1 I ,IPERIAL AGGREGATE AVERAGES OF THE SIR WEEKS 5.35. 5d.1 Oats 16s. 11d./13eans 53.1 Rye --31 s. 73 I Pease, DUTIES ON FOREIGN CORN. 335. Bd.l Oats Pd.i Beans Barley 10d.f Rye Raj Pease. oci' vr 'o ,4245' SOUTHALL MARKET.—May S. ail, This day's supply of Beasts and Porkers was limited; 14 Lambs, and Calves, go d. T e market . w a s well att r " - buyers, but as most of them seemed di s p ose d t o deals ,„/IFF trade was very dull, at the following prices per stone — sink the ()flats: Beet 3s. Od. to 4s Od tO*, Mutton 4 2 32 I Pork 8 , 0 Lamb ss. 4d. to 6s. 4d. 1 ,0 0 , The foregoing quotations are Mutton and Veal 2d.,,„ 00,01 per stone lower than on this day se'nnight ; prices cs'd , Pork stationary. Beasts, 155; Sheep and Lambs, '4%"ifte', 47 ; Pigs, 29. But a small proportion of the supply , • ket unsold. LEWES M A RKET.—May 7. „t tore Beef 33.4 d. to 4s. 2d: Veal 35.1 0 Mutton 4 4 5 4 Pork 0 ° I Lamb (is. Od. to 6s. Bd. Supply moderate, and trade dull. h v g OltUitil AlAttKt:l.—May d. - a. d. to s. d. v. 6 8 3 .. 0 4 0 Veal ..... ........... 6 • .. 4 0 5 0 Pork ........ amb ss. 4d. to is. 4d. 1 01.1 0 4s. to Dis. Quarter old -tore Pigs , ly rather limited, and trade dull. NG Vl— g Oats. Beef Mutton Suckling Calves, f Stipp] COUN PRY CORN MARKETS DURING Ti - a -j..9',01. 15 1 -Y NI, heat. Barley. Oats. 13, t°36 Per Quarter. s. to s. s. s. s. to A. Blandford 52 25 I 19 31 Brigg 52 60 36 40 19 2 2 31: Cambridge 54 14 33 Chard -------.... 46 54 22 '2B 18 2 0 ‘,..4 Huntingdon—. 58 63 '2O 25 14 21 ., 32 3', Long Sutton_.... 56 64 17 22 32 Louth 50 55 27 32 19 2 0 0 5 1 , Lynn 5O 60 21 28 16 2v 33 Newark --., 49 63 22 33 15 2 8 0 3 1 Nottingham 50 63 24 34 16 2 2 . ,4 Peterborough 48 60 23 33 13 22 Plymouth 50 64 30 34 20 2 :2 i 0, Pontetract--,. 67 43 2 7 _ 41 9 , , Sleaforil Uppinghain 50 60 34 18 24 Wisbech-----.. 44 58 20 3:1 12 ,2.2 s' f i LEEDS CORN A 1 Alt KET.—May 7. t o P >l Wheat, Norfolk and Suffolk, 601 b. 37i. "" gr , .---- York. and Lincoln. 601 b. ‘,„„. to s, , Barley, Norfolk and Suffblk Yorkshire and Lincolnshire Grinding Bean. 631 b. Oats, Potatoe Mealing, For. 12d. to 13d Eng. 91 to 10)o ve r0 i , Sh elling Rapeseed, English, 23/. to 24, F ore i gn , —l. to ."'" HULL MA RKET —May 7. OP ' Wheat, Old —s. 50 s . 56 5 . N ew ...... -' 4 ,* ....i',6 , - Foreign —s. 50s. Ms. In bond... "*" . ..4. A Oats, Poland —s. 14s. 18s. 01d......... "" 5 ',... 0, 4 .." Small or Feed.... —s. 14s. 18s. . .4 9, Foreign —s. 14s. 15s _ a ,'o l . Barley, Norf. & Sul ... —s 21s. 268. Line. & Wold ---,,• i•s,ll. Foreign Beans —s. 28s. 30s. Foreign ..... .... - 27. 9 , 9 Pease, White....... —s. 365. 38s Grey ............ ..0 0 . co Tares —s. 38s. 40s. F0reign......... '' s ' Rapeseed, 911. in bond none. Free, per last '‘'''' 0 In the depressed state of literattirel: h v i o l t during the present winter, has deprived the read s o s k . of so large a part of its ordinal gratificatio lo s k IS 0 0 with pleasure that Lady MonGAN has a new vit a :oo l i vauced proeress, and likely to appear before th e .. vie of season. Its name has not transpired ; but it 1 1 7 0 , CA A , flerstanfl, of a totally original character, and ..... r y F r assigned to any of the ordinary species 0f , f::: .....„ / position. " BIRTHS. f yid' i On the 6th inst. at Devon Cottage, the lady ° . 10 1 l Brouncker, R.N., of a son. t be j ; o oo Ch O a n rie t s he r.h 9t i l l i ip in s :t E ., s a q t , C o h f a a m d p a io u n g . h lo te d r ge, Camberwell' On the 3d inst., at Dunollie, the lady of Capt.. lol R.N., of M'Dougall, of a son. fI P MARRIED. ne." Jo e of O n Gray'stli Bt hln n , inst.,ai,d alorTorrington-square, g Kensington. to.s q u ar e , your Charles G g iv es i 1 1. 1 i ._ ra , o.ls o r o f . ir tli so , Rev. John Jones, of Foy, Herefordshire, to lu!'ll i te " ~e wick, of the Square, Kensington, daughter of the Hardwick, Esq. le, F, LOA On the 7th inst., at Brighton, William John . a S u ed h o a vtifo re fo l tba c t if late of Dough ty-streei.., Mecklenburgh.square, 11,,iekrei, third daughter of the late Henry Jackson, Estl._ o 7 oo , 8 01 4 On the 4th inst., Mr. Henry Jac of DI; Vfi,. 1 4 Miss O. H t a h n e d 6 a t s h yd, in o s f t Ed ., g a b t as s t t o . n, G n e e o a r r gs i:m H in a g n Cooper, Esq., 2d West India regiment, second „ L th Rev. H. P. Cooper, Vicar of Evesham, to Anne, iv of the late H. J. Postlethwaite, Esq., Broadway. PiiiN FEB AND PUBLISH sz ED BS MU It DO YO ••• SUN OFFICE, 112, STRAND, 'ADP" bE 1 114 c 41 RAL 0 4 TE ;: a dY to j"ntr a t , 0 ronts Nit I ton lot at, Exl°:!lot of iri late H. . ost et iwaite, Esq., Broadway. to p DIED T nb ridge. On the 7th inst , Thomas Wes by, Esq., of u Euston-square, aged 76. Rotor eke On the 7th inst., the Rev. Robert Chester, Thto r o- Sussex, only son of the Rev. Charles Chester, nee A so e ' St. s , Peter' Bt s, Hertford at hire aged 39. On the h inst., her residence, Camberwell 01°;00001' relict of the late Robert Curling, Esq., aged 86.__ ar d so " , On the 7th inst., at North End, Fulham, kAg. Esq., aged 68. On the 3d inst., at Lavington, Sussex, the Rev. ,To aged 53. sq.