The Sun. — London, England, 1830-04-24 00:00:00

less did he see the trinkets, which were never worn by the wife in his presence." But all this was of no avail; the Jury, after consulting together for a few mi nutes, found for the plaintiff for the whole amount of the balance claimed. The case of Mr. Espinasse, who, in a• case of abusive credit, was obliged to move Ores times for a new trial, shows how intimately this improper credit is connected with the know ledge pOseseseed by tradesmen of their power, PA Jurymen, of taking the law into their own hands. One of the reasons urged for placing the law of Ireland on a different footing from that of England with revect to sub-letting, was, that no Jury in Ireland Watld give effect .to the stipulations in a lease or corinent; when against a tenant. If it be wished to protect the public against invasions of property, through abuses of credit, which cannot be guarded against by any degree of prudence, a devia tion from the ortniary mode of forming Juries should be resorted to. As well try a case between a revenue officer and a smuggler by a Jury of smugglers, as a case between a tradesman and a gentleman by a Jury of tradesmen. Every tradesman should be carefully kept out of the Jury.—There can be no question, that the law never contemplated that one man should be completely at the mercy of another, who chooses to task his ingenuity to tempt his wife with what few women can resist—with costly ornaments. Women, whether civilised or savage, are little able to resist the desire of finery. All our circumnavigators used to take care to have a good assortment of feathers, beads, &e. Mr. Herriott, in his struggles through life, tells us that he found a leather always sufficient to gain from an Indian savage his mistress. Against this, all-powerful passion for finery in the fair sex, the law his interposed for the protection of the husband; but in vain does the law throw its shield around him, if tradesmen are to be judges in their own cause.— Hence few men bare 'courage to come forward, like Mr. Espinasse and Mr. Gargrave, to expose their wives I Many an estate has been taken from the owner through the artifices of tradesmen with silly women, and the unwillingness of husbands to go to law, when the consequence is the exposure of their wives. What are the depredations against property, for which we appoint a police, compared _with the invasions of tradesmen ? Shopkeepers ought to be taught that they are not at liberty to ruin men through the instrumentality of their wives; and that if they will sell to women without the knowledge of their husbands, it is at their own risk. This is en abuse of credit that calls loudly for a re medy. It is an abuse peculiar to England. What a history the Insolvent Debtors Court would give of wido-spread ruin, through the readiness of trades men to give finery on credit to wives, if the cases of that Court could be but thoroughly known ! Morning Chroni:le. We insert some extrae:s from the Kingston Pa ts lot, a Paper published by a Member of the House of Assembly of Upper Canada, because they relate to a subject of considerable importance to our co lonial and general commerce. It appears that Mr. Buchanan, the British Consul at New York, had been accused of making some propositions to Go , ye:lament fur opening the navigation of the liver St. Lawrence in favour of the United States, along the whole line of that great river to the ocean ; that the Canadian Legislature took umbrage at this scheme, and passed a resolution of censure on Mr. Buchanan, fur having " too successfully misrepresented the in terests" of the colony, and having held out advan tages as likely to accrue from the measure, which, in the opinion of the House of Assembly, was a chimerical; impolitic, and absurd one. In the letter of the British Consul, which will be found below, that gentleman neither admits the charge of having suggested the change of poliey in question to Go vernment, nor do we conceive that be was bound to do so. A Consul is responsible to Government alone for the erroneous information or opinions which he may convey to it : and there does not seem to be a great deal of sense or decency in a motion for recording upon the journals of the House of Assembly a violent though informal accusation against "a public functionary of Great Britain, who had no duty to execute with regard to Canada, save only that of protecting such of the colonial ships as acight enter for commercial purposes the port of New York, and was in no manner amenable to the House of Assembly for his communications, whether open or confidential, with his Majesty's Ministers in this country. With respect to the proposal itself for opening the St. Lawrence to United States' ex ports, we consider it one of but questionable value. The • author of it, who we assume is no other than 'Tr. Buchanan, however unbecoming it may have teen in the Canadian Assembly to stigmatise him formally on similar grounds, recommends the mea sure for its tendencies, political and commercial. — The political argument is founded on the command ing position of Quebec, which would at all times leave it in the power of England to seal up the St. Lawrence at a minute's notice, when she might have sufficient inducement fur doing so, and the deep stake which the northern and western states of the 'Republic must thenceforth feel in the maintenance of uninterrupted peace with England, in whose hands would be laeki the key of so fruitful a commerce. Let the Americans bordering on, or connected with, the lakes and liver, feel they have an interest in the open trade of the river, and the general government of the United Statek will find it difficult to enter into a war so long as we possess Quebec, thereby wielding such power of checking or promoting the interests of their commerce; nor will they readily support any President, or any mea . scree which may endanger their commercial prosperity. Ilia to leave tbess high and momentous questions to the statOtuan, it may be fitter to meet the objections which will flew - from the adoption of the proposed measure." The cemenercial object held out is, to draw the trade of the western states of the Union from the course of the Mississippi to those of the St. Law rence, aud to establish an easy access to the republi can markets, for a variety of articles which are now prohibited, as well by the tariff which the Ameri cium have imposed upon themselves, as by the clos ;ps tip tha route of the river through British policy. But 3/Yg3 do not believe that the St. Lawrence could ever sustain an equal rivalehip with the Mississippi els a channel for the transit of commodities---Ist, because the northern river does not flow through legions so inexhaustibly rich and fertile ; 2d, be cause (end it seems unaccountable that Mr. Bu chenan should never have touched upon a circum stance so obvious and important) the Mississippi is navigable at all seasons of the year, while for nearly eight months out of twelve the St. Lawrence is frozen up and impassable. It is by the route of the Misissippi, therefore, that goods from the western states will be despatched of necessity for two-thirds of the year, and, during the short remainder, from habit. An objection to Mr. Bu ehanati's plan which, with us ut least, ristist be al lowed to go for something, is, that the Canadians themielves ate averse to it, and have exhibited strong proofs to Mr. Buchanan of the indignation and alarm with which his proposal has inspired them. Even admitting that the privilege of transit by the eq. Lawrence were to ceder upon the United States facilities superior to those. presented to them by the Misissippi, it is not calf-evident that we are bound to grant to the commerce of the United States an unrecompensed participation in those ad vent ages which are now in the exclusive possession of Eng. land and hLr colonies. It would be (Efferent if America were to give us any reciprocal benefit, but to be merely un an equoVfooting with the English will not, so far as we can judge by experience, at all satisfy the republican desires. (From the Kingston Patriot, edited by Mr. Dalton, Member of the House of Assembly of Upper Canada.) COFY OF A LITTER raosi J. BUCHANAN, ESQ., TO THE brE.amia Os THE HOUSR OF AStiRMBLY OF UPPER cANADA. " Ilia Majesty's Consulate, New York, Jan 26 " In the proceedings of the Houle of Assembly on the 18th iust., a resolution appears to have been offered in relation to the West India trade, and free navigation of the St. Lawrence, i• which the following appears : .# ' We have reason to fear our colonial interest may have limn bat too successfully misrepresented—the more so, as our Cori at New York has stated advantages as likely to accrue, which r:lran to us altogether chimerical, imp Aitie, and absurd.' " II the right due to the humblest subject of his ?,:a jesty, namely, the right of being heard before condemned, prevails in Canada, I have reason to complain it has not been extended to me in this instance. " I am not an are of having ever advocated any policy that I fear to avow; and I feel conscious of never having, to obtain the favour of others, advised any system that had not British interest, Pritish connexion, and the prosperity of Canada in view. "My unwearied exertions in behalf of Canada, the thousands of industrious and loyal settlers I have been mainly instrumental in sending thither, and the fact of having adopted it for the country of my children, are too well known, I should Lope, to require any effort to prove my devotion to the province. " It is presumed, that before a grave assembly pro nounces a censure upon a public servant of his Majesty, not subject to their controul, evidence should have been adduced to justify it. I had, before this imputation was cast upon me, hoped I was so well known to several mem bers of your Honourable House, and to the people of Canada at large, that I should have been the last indi vidual deemed capable of successfully misrepresenting' or betraying the interests of the province. " If any expression herein, Sir, should appear in any way disrespectful, I beg leave to disclaim any such inten. tion; and I humbly hope that what is just will be done. I have the honour to be, Sir, your most obedient humble servant, (Signed) " JAMES BUCHANAN." " REafaxxs.—lt appears to me that the proper way, 'or Mr. Buchanan to meet this matter is, to declare whether or not he is the person who submitt:i to the British Go eernment the plan of giving to the United States the free navigation of the St. Lawrence to the ocean, in exchange for the privilege of sending flax seed to Ireland by way of New York. Has he submitted any plan at all? It is asserted in the Times newspaper that a Mr. Buchanan, a British commercial functionary at New York, has submitted a plan, of which the propositions above named form the prin cipal features. Mr. Buchanan either is, or is not, the person alluded to. If he is nut the person, and has sub mitted no plan, he should say so ; and if he be the person and have submitted a plan, he should be ingenious enough to let those provinces know what his plan is, that it may undergo discussion on the spot whereon it is to be operative. " However acute and sagacious a person may be, the world has become wise enough to think, that the sugges tions of no individual whatever should pass7as the ground work of legislation without examination. However much it may be thought a proof of cunning in any one to offer plans for the regulation of the commerce of a distant people, without previous consultation with that people, it will never be judged to be proof of his wisdom or his can dour. If Mr. Buchanan has really had the folly to make the propositions to the British Government, imputed to a British commercial functionary, he can hardly be supposed to possess the penetration necessary to perceive the propriety of their public and utter reprobation. The resolution, however, offered to the House, was not adopted, but amended to suit the exactly-alleged fact of the case. The disapprobation of the House of Assembly is levelled at the misrepresentations of a British commercial functionary ; and Mr. Buchanan, the British Consul at New York, knows whether or not he is the man. If he be the man, lie has nothing to complain of; and if he be not, let him so assert. It is well known that many of his Majesty's colonies have, at various times, suffered egregious wrongs from false legislation founded on the information of persons assuming to know the interests of the people better than themselves. It is always much easier to commit errors than to repair their consequences. "T. D."— Times. The popular nature of the institutions of England is not more overrated on the Continent than it is ill understood at home. How frequently do we meet foreigners who express the utmost admiration of what is called the liberty of the press, the right of free discussion, the publicity of judicial proceed ings, the openness of Parliamentary debates, and the facility given by both Houses to the conveyance of all that is said and done therein to the public. All this appears beautiful and attractive enough like some virgin queen of the drama when looked upon at a respectful distance. " This must be a free country !" might be a natural exclamation in a man whO for the first time surveys London from the top of St. Paul's at noon-day. He sees a vast mass of moving things all driven against each other accord ing to the established principles of equality and re ciprocity ; the peer jostling the chimney-sweep, the driver of a soap-cart taking the wall of a duchess in her carriage, and not even a gendarme keeping order in the streets. These gentry have not yet pe netrated into the city. He might, on descending from St. Paul's, take tip a newspaper, look at the Parliamentary debates and the police reports, see some Honourable Member called an apostate, and some not much less honourable lady called a drab or a thief, and he might again exclaim—" 'lbis must be a free country I" Next he should visit the Old Bailey, and, after seeing twelve citizen cordwainers sitting in judgment upon a case of bigamy or bur glary, he might, for a third time exclaim—" This 772115 i be a free country !" If he should walk the following day into the Sheriff's Court, he might see the same twelve shoemakers trying an action for crier. con., wherein Jeremy Huggins, Esquire, reco vers, by virtue of their verdict, two thousand pounds from Captain Jonathan Longbow, for ridding him of a wife who was a nuisance to her husband and a disgrace to her sex—and he would, perhaps, exclaim a fourth time—" Heavens I what a delightful coun try I" There are many people who inhabit these islands, and who are considered sensible enough persons in their way, who estimate English liberty by the same rule, and see it through the same gross abd delusive medium. The liberty that is said to exist in England is a fiction. It is not guaranteed or ensured to us by any charter which is recognised, by any bill ef rigt is which is not deemed obsolete, or by any Act of Parlia ment that is capable of being rendered intelligible. The liberty we enjoy is actually obtained by an in fraction of the laws. We are freemen because we live in England in a state of rebellion, and usurp, er force, that which the laws withhold. For in stance, the reports of Parliament are stolen. The man who takes them knows he is committing a soft of larceny, called breach of privilege, for which he is liable to he sent to gaol, on a moment's notice, and without even the benefit of a trial. The per son who writes reports at Bow-street is liable to be turned out of the office should the Magistrate feel so inclined. A Judge, by his fiat, can clear his court and hear the case before him without a public audience. The twelve men who are called independent jurymen, never, in one case out of a thousand, have any opinion of their own, or if they have, the force of subserviency induces them to yield it to the sup posed better judgment of the Judge. Every man who owns or writes in a newspaper retains his pro perty or publishes his opinions with something like a halter about his neck. Truth in England is a libel. The greater the lie the less the libel, accord ing to the admitted rule that the greater the truth the greater the libel. If you speak the truth con cerning a public functionary, or even the greatest villain upon earth, you are liable to imprisonment for a few years, and a fine which it may be impos sible for you ever to pay. There is no statute law on the subject. The offending party is at the mercy of the couit—the court is paid by the Crown—the Judges are promoted by the Minister—and there fore, if the offence be political, woe be unto him who dares to speak the truth. If you presume to laugh at a Cabinet Minister you are liable to be seized at a moment's notice and held to bail, which means being committed to prison, to answer a charge which is not propounded till it suits the conve nience of an official pettifogger called the Attorney- General. Every man who walks the streets of London is liable to be seized by a ferocious-look'ng rogue, with spattered top-boots and a dirty face, committed to a spunging-house, where he is robbed, by virtue of a writ obtained by a fraudu lent attorney, w ho is no attorney at all, on the ground that you owe a small debt to a person whom you never !lewd of. It is true that if the arrest be illegal you have what some professional scoundrel calls a remedy, but from feat, shame, and exposure you may cut your throat meanwhile. A hackney-coachman can rob you, and dun abuse you for not submitting quietly to the robbery. • You have your remedy of course. It costs yots some hours' annoyance and the risk of a typhus fever to recover the half-crown which you were overcharged. The raged may be fined five shil lings or a pound ; but what is that to you ? If the butcher to whom you owe a few pounds happens to overreach you, which he is likely to de, you may demur to his unjust bill, but he arrests you at half-past eleven o'clock on a Saturday night, and you must either pay, get bail, pay heavy fees, or go to the detestable spunging-house aforesaid. This is what is called English liberty! These are the blessings of a free country I This is the system that works well ! These the privileges which our bold barons wrested from the tyrant King John This the legacy of our ancestors ! These are the rights and immunities which render us the freest, happiest, proudest, and most enlight ened people on the face of the earth ! This is the honour we derive from being the electors of the noblest assembly of freemen in the world!— Gracious Heaven ! was there ever such profanation ? Was the human language ever so prostituted before ? English law is the most atrocious tyranny in the world, and knglish justice, to the disgrace of Eng land be it said, is rarely worth its cost. In the first place there is no such thing as justice within the reach of the poor. If a poor man, living on the con fines of a rich man's estate, have a cottage and a paddock which the latter wishes to possess, it is his from the birth of the wish. It is better to give it to him on his own terms than go into Chancery to bear the expence and wait the judgment of a Chancellor who is a total stranger to equity. If you are falsely arrested, and shut up in a legal brothel, it is better to bear the disgrace and tolerate the insult than go to law with the rogue who injured you. You may recover fifty pounds damages at an expence of a hundred, excluiive of the cost of time, anxiety; hackney-coaehes, and Wellington boots. Our po litical institutions are as execrable as our laws. One man sitting on a woolsack at Westminster has the power of reversing the decisions of all the Judges of Scotland and Ireland, and that upon questions which he it supposed to decide the more impartially, simply because, he does not understand them. Where ignorance is power 'tis 'folly to be learned. We are supposed, as a people, to have the privilege of electing our representatives. This also is a fic tion. Sir Massey Lopez, an apostate Jew, who has been in gaol for sundry, gross, and nefarious acts of corruption, can send as many Members' to Par liament as the whole county of Middlesex or the county of Kent. The mayor of Dartmouth, who is self-elected, can send as many members as the county of Devon. Nay, what is worse in this instance, the Member elects the Mayor and the Mayor the Member. An old woman who is blind, anti a little non compus, can send her two Members as well as the citizens of Bristol. The borough members of Scotland are returned by about a dozen old half-crazy and tippling bailies. The Anti-Slavery Society, being composed of pious persons, bought a seat for one of their canting members the other day from a retiring Glasgow merchant. We know an Irish Baronet whose borough has been in pawn for the last twenty years, his bankers returning the Mem bers, and advancing the price to the Baronet from five to seven years before their accession to Parlia mentary honours. Many patriots sit in the House by virtue of contracts founded in fraud. We know one Honourable Member who very nearly lost his seat last election from being over liberal. He sent a hundred pounds more than lie bargained for; through mistake of course ; but a certain portion of the burgesses, thinking that the negotiators had been acting collusively, threatened to return another man. The mistake was explained, and an additional 50/. provided a dinner, at which the second toast was— ' " The independent electors of !!!" These are foul, repulsive, and degrading blots in our elec tive system, which one day, sooner or later, must be eradicated by the ordeal of a terrible convulsion. And yet the English people are so besotted that they never lose an opportunity to force such insti tutions and such laws upon foreign states. Every monster in society, the more hideous he is, is the more desirous to procreate his deformities. It is from this principle, or rather from this instinct, that the British spare no means in thrusting their cor rupt and demoralizing systems down the throats of foreign nations and dependent colonies. We gave a constitution to Portugal—we are giving tinkers' law, trial by jury, to the Maltese. The object of all this is either to gain an ascendancy for our selves, or forward the views of needy lawyers whom we deport to . the colonies. Even what are called our legal improvements at home all originate is the same sonnets of selfishness. Sir James Scarlett's alterations are calculated to bring more fees to him. The abolition of the Welsh Courts is to increase business in Westminster-hall. The Chancellor's embryo new Judge is a matter of patronage and self-relief. Trial by Jury in Scotland was considered a boon, vulgus a fee, to the Edinburgh bar. The people did not require it—they never asked for it—they now detest it. The contemplated increase in the salaries of the Scotch Judges is a mere job. For what they perform they are already too well paid. The abolition of the Consistory Court is an attempt to amalgamate the Scotch law of marriage and di vorce with that of England, which is an insult to common sense, and which is made to privilege the rich and exclude the poor from any participation in its benefits. One object is to make the Judges of Scotland more powerful and independent than the Nobility and Gentry with whom they associate. Scotland is suffering extreme distress, and yet this time is chosen to augment the salaries of the Judges and heap heavier buithens on the people. The Scotch Judges are at present much better paid, in reference to the income of the aristocracy of Scotland, than the English Judges with higher salaries are to the same class in Eng land. In 1774 the Lord Justice Clerk received 500/. as Justice, and 700/. as Lord of Session ; in all 1,2001.; whereas at present he receives 4,0001., and 8001. for his son, who fills a subordinate situa tion. The office of Lord Justice Clerk in 1806, and preceding years, during the paper currency, was 1,1001, and as a Lord of Justiciary, 1,2801.,—in all 2,3801., besides the attached office enjoyed by his son. The present Judge receives 4,0001., and 8001 for his son. This we say is too bad, arid yet these greedy dignitaries of the Court of Session . ask for more, at a time whets the income of every proprietor in Scotland and the price of every article of pro duce are rapidly falling. We say this is a shame, and the word we are sure will be echoed on every hill and in every dale in Scotland.— The object of all just Governments is to render justice as cheap as possible. It is an unjust Government, therefore, which taxes justice. The English lawyers, from vanity, from ignorance, and from a love of dictation, deem their forms of legal proceedings the purest and the best in the worl'i. They wish, therefore, to extend them to other countries. They are, nevertheless, just the reverse. The Government tax these forms, and the bad system becomes a source of revenue. They natu rally for this reason join the English lawyers in ex tending these taxed forms to Scotland. The Scotch lawyers acquiesce, because they consider them likely to be more profitable. It is trite the people murmur —they bate the system ; but the people are nothing —the lawyers and the revenue are every thins.— - The same oppression is menaced towards Ireland. The Government have resolved to equalize the stamp duties, and make justice as dear in Ireland as it is in England. But what is attainable here is inaccessible in Ireland. What is dear here is ruinous there. The Irish are the poorest people on the face of the earth, and yet they are called upon to pay as heavily for their justice as the English. Mr. O'Connell, in a speech on this subject, very truly observes J object to stamps being put upon legal proceedings at all. It is in my o; inion not only a violation of the letter but the very spirit of Magna Charta, by which the King continued upon his throne, and those who succeeded him, on condition of not selling justice to anybody. / do not mean by selling justice that Judges were not to take bribes frim either party, for this would be, with the ma jority of them, selling injustice, and not justice. By putting a stains duty upon legal proceedings you make a man pay for justice. Government, I say, ought to ad minister justice without its costing the subject one farthing. Tn the imposition of stamp duties there is a direet viola- tioa of that which is most necessary to be performed.— (Hear. )—What has been the great evil of Ireland ? That the poor people have not bad money enough at command to enable them to incur the expense of paying the stamp duties that are imposed upon the necessary transactions in which they were engaged, and the consequence is that they have been satisfied to accept, instead of leases, pro posals on what they call plain paper, and when they came to require a specific execution of them they must pay a penalty of 201., and it is not pos.ible for the poor man to pay that, and there is no remedy for him.— There is another duty which is found most injurious—the stamp upon awards. The people would be glad to settle their disputes by arbitration, and if a stamp were not necessary the award of the arbitrator must be obligatory upon the parties. If a civil Bill were brought it would be a substantial defence or an irresistible ground for an action; but a twenty-shilling stamp is required for the lowest award. Now, every one who knows the peasantry knows that the most of their disputes are for sums of money which in general do not exceed five, ten, and twenty shillings, and for an award upon every one of these there would be required a twenty-shilling stamp. Even as it was the stamp duty was felt to be a dreadful grievance to the people here, and that has now been aggravated by an increase upon stamps of every kind and description. England is one of the wealthiest, Ireland one of the poor est, countries in the world ; and they compliment Ireland by taxing its pecuniary dealings, its legal proceedings, and every transaction, to the same extent that they are in England." So much for this all-important subject. We find we have already trespassed too far on our limit•, and perhaps as far on the patience of our readers ; but it is now time to speak out plainly on these matters. It is, therefore, our intention to return to them.—Morning Journal. A return was printed the other day of " the num ber of Midshipmen promoted to the rank of Lieu tenants in the Royal Navy; of the number of Lieu tenants promoted to be Commanders ; of the num ber of Commanders promoted to the rank of Cap tain, in each year between the Ist January, 1828, and the Ist January, 1830; and of the number of Officers in the Royal Navy on the Ist January, in the years 1828, 1829, and 1830 :—Of the number of Gentlemen appointed to First Commissions; of the number of Promotions of Lieutenants to be Captains ; of Captains to be Majors, and of Majors to be Lieutenant• Colonels, in the Royal Mantles, in each year, from the 25th Jan. 1827, to the 25th Jan. 1830; of the number of Officers on Full and on Half-pay, in each year, on the Ist Jan. 1828, 1829, and 1830 ; of the number of officers who have been brought from Half-pay to Full Pay, in each year, from Ist January, 1827, to Ist January, 1830; and of all Officers who have been allowed to sell their Full Pay Commissions, since the 21st Febru ary, 1827,"—which, if any thing could possibly prove to the people of England how sadly their affairs are occasionally mismanaged, and the interests of families and individuals preferred to those of the public would assuredly demonstrate it. In the list of Midshipmen, Lieutenants, and Captains we meet in almost every page with the names of Tollemache, Fitzroy, Kepple, Grey, Codrington, Wellesley, De Roos, Russell, Hay, Courtenay• and numerous other " Sirs and Honourables," whose names may be set down as fashionable, and their pa trons as supporters of the Government, either now or in time past. What is also worthy of remark is, that these " Honourables and Right Honourables, seem to be possessed of much greater talent than their humbler and less fashion able colleagues. For instance, among the number of Commanders we find that the Hon. William Wellesley was promoted to that rank on the 2d of January, 1828, although he had only become a Lieutenant in 1825; while his next neighbour in the return, who was a Lieutenant in 1800, was only honoured with the same promotion in the same year ! Charles Henry Paget and Lord Henry Paulet shewed, unquestionably, equal abilities, and honoured of course, with similar promotion ; and, were we inclined, we might continue the list ad infinitum. Were we to judge, in fact, from the details of the return, the whole talent ,of the country seems to be vested in the Aristocracy, and the absence of it to be chargeable, somewhat oddly, to the score of the middling classes. But is such the fact 2—M. Adv. LAW INTELLIGENCE. COURT OF KING'S BENCH, APRII, 23. HALFPENNY AND OTHERS V. SMITH. This was a question brought to establkh the right to ply at the ferry from the Isle of Dogs to Green wich. Ths plaintiffs are trustees for the Society of Free Watermen. The plaintiffs' case having been gone through, the Court decided that the evidence was insuffi cient to bear out the declaration, and directed the plaintiffs to be nonsuited. MAHONEY V. ASHLEY. This case turned upon a point of law. The question wag, whether a bill drawn in Ireland for acceptance in England, and vice versa, could be considered as an inland bill of exchange. By Act of Parliament, all inland bills of exchange can only be valid with the acceptance endorsed upon the face of then, which was not the case in the present instance. A similar Act was passed by the Irish Parliament relative to inland bills in that country. If this bill could not be considered an inland bill of exchange, the plaintiff was entitled to recover. This was the simple point at issue. Lord TENTERDEN had no doubt on the subject, and therefore would direct a verdict for the plain tiff, with liberty for the defendant to move to enter a nonsult. COURT OF COMMON PLEAS, Arm 23. CATHERINE SIMPSON V. BARROW AND ANOTHER. This was an action brought against the defend ants, representatives of the Globe Insurance Com pany, to recover the sum of 1,500/., being the amount of a policy of insurance effected on the life of Lydia Jane Simpson, the daughter of the plain t i ff. Mr. Serjeant TADDY stated, that the insurance was effected in September, 1828, for the term of seven years. The young lady died in March, 1829. She had previously been in good health, but early in that month she paid a visit to her half brother, a Mr. -Edwards, t►nd .returned home suffering from what appeared - to be an attack of bilious fever. She was immediately attended, as .they would hear by a medical man ; but her illness defied all the efforts made to preserve her, and she died in about a week afterwards. Her body was opened, but no latent cause of death was discovered, and, as iometitnes occurred, the medical gentlemen were at this moment unacquainted with the cause of her dissolution. Under these circumstances, he was unable to antici pate the nature or course of the defence. It would be most distinctly proved that her's was an insurable life, and the verdict must be for the plaintiff. The policy was read. It was dated on the-10th of September, 1828, and effected on a declaration made on the Gth of the same month. Mr. Thomas Edwards deposed—l live at Ken nington ; I knew Miss Jane Simpson ; her mother married my brother; her daughter was the child of a second marriage; Miss Jane m as the eldest of eight children; her mother lived lately at Plymouth; I knew Miss Jane at a very early age; she came to join my family at Christmas, 1827; she was then in a fair state of health ; she had been living at IVan tage, in Berkshire; she died in February, 1829; Miss Jane had been at the house of her half-brother when she was taken ill. She had sometimes com plained of what was called a determination of blood to the head. Mr. Edwards, her half-brother, lived in Brunswick-square ; when she came back she com plained that she could keep nothing on her stomach. She was attended by Mr. Edwards and by Mr. Handy, who resided on the Surrey side of Waterloo bridge. She died in a week or ten days ; I did not know until after her death that any policy had been effected on her life. In September, 1828, she was in general good health. Cross-examined—When she came to my house she was under 20 years of age; I had not seen her for seven years before she came to my house; I never heard of leer living with a Mr. Bradbury ; the lady with whom she lived at \Ventage was Mrs. Pearce ; that lady kept a school; she came at once from Mrs. Pearce's to my house; she had been there nearly two years ;• I understood she had been subject to these little complaints in the head—a weight in the head; it used to come and go ; I never heard any thing about her fainting in consequence of these complaints ; she was a pale weakly-looking person. I understood she bad had a very severe illness at Wantage—an illness of some continuance. When absent from my house she was always at Mr. Henry Edwards's. I never heard that Mr. Edwards had effected a policy on her life ; I was on good terms with Mr. H. Edwards during 1827 and 1828 ; I re ceived 15s. a-week for Miss Simpsen's board and lodging; it was all paid, and 'paid regularly each quarter ; I received payment from Mr. H. Edwards; I received also a few pounds for teaching her music; it was not until after her death that I became ap prised of the circumstances of her having had a child, nor of her having miscarried; the child died soon after its birth, at least so I understood ; her eldest brother was a year or two younger than she was. I understood he was apprenticed to Mr. Edwards; that gentleman was about 30 years of age; I never knew he had been a refiner; I heard he was once a stereo type printer, and afterwards a medical man ; he had a chemist's shop in St. John's -street, at which his brother, George Simpson, attended; Mr. H. Ed wards had a brother named 'livid Edwards. He was about 25 yeats of age. Mrs. Catherine Edwards deposed—l am the wife of the last witness ; I knew Miss Jane Simpson ; she came to our house about January, 1828; I consi dered her perfectly well ; she was delicate, nothing more ; in the September of that year 1 went from home for some time ; I left her perfectly well ; she went several times on visits to her brother ; she went in February, 1829 ; when she came back she was exceedingly unwell ; she had not had any , illness at my house between September and that time; Mr. Handy attended her till her death. Cross-examined—She was always delicate. Her appearance was always very pale—rather cadaverous, perhaps. She could not bear walking very well. She was moderately strong. She was at her bro ther's four or five times for a week at a time. She frequently took medicine. Always by the order of Mr. H. Edwards. Mr. J. Handy deposed, lam a surgeon. I reside in Stamford-street. I was slightly acquainted with the family of Mr. Edwards. I was introduced to Miss Simpson in June, 182.5. She was a person of pale complexion, but rather of a full or pluMp habit of body. I had no reason to suppose, from what I saw of her, that she was a vary healthy young wo man. I attended her on Monday, the 9th Feb. I saw her then in Brunswick-square. She came into the room, and said, " What do you think of me, I have walked to Hampstead and back ?' Oa the 9th of Mach I saw her at Kennington. There was great nervous irritability and sickness of the stomac'i, and general excitement ; I mean fever. On Tuesday her pulse was exceedingly quick, and she could not keep the medicine of the day before on her stomach. On the Wednesday she was much in the same state : the medicines were repeated. On the Saturday the medicines had operated tolerably. She complained of great debility of stomach. On the Sunday morning I saw her at about nine o'clock. As near as I can recollect, I called about seven or eight in the evening. Miss Simpson was then dead. I expressed the greatest surprise, and said I should wish for a post 2110 T tent examination, not being &aut.- fled as to the cause of her cleat's. I obtained the consent of her family, and I called in Mr. Franks, and he brought with him Dr. Wilmot. The ex amination took place on Tuesday morning. There was nothing to lead us to judge that she had been affected with any latent disease tending to shorten life. Cross-examined—Mr. H. Edwards was an old friend of mine. I don't recollect any dispute be tween him and me as to the young lady's life. I i believe I did ask him how he came to nsure her life. I have been about 25 years in the profession. I once used this expression to him, " Henry, what could induce you to insure the life of the girl ?" conceiving her to be so healthy and well. I thought her a good life. This was in consequence of being applied to by one of the insurance offices. His an swer certainly was not " I considered her health bad, r.nd that she could not live," or that he thought she was not so good a life. My opinion that she was a good life, was confirmed by the post mortem exa mination. I think I called his attention to the fact, and said, " See, I was right." This was one of those cases where we cannot tell the cause of the death. They often occur. When I was first intro duced to Miss Simpson, I observed that for so young a person she was very stout. I did not then know nor suspect her pregnancy. Mr. H. Edwards was with me taking a tour in the West of England when I first saw her. He then told me of her preg nancy. I did not attend her in her confinement. I learnt of it before the child died. I can't tell the date of that event. I did not learn who was the father of that child. Dr. Byam Wilmot, a physician, residing at Ken nington, deposed to the circumstances attending the post mortent examination. There was nothing to make him think the deceased had any disease to shorten life. The fact of her having had a child was mentioned. He should not otherwise have observed it. That would not, in his opinion, have accelerated her death. _ Cross-examined—lf a woman has had a very bad delivery the first, that is likely to influence her health in future life. I should consider it somewhat material to tell that fact to persons who applied to me on the subject. Mr. Serjeant WILDE, on behalf of the defendants, said, that the defence of the Globe Insurance Corm parry was, that the whole transaction on the part of Mr. H. Edwards was one of fraud and con spiracy. The Learned Seijeant then detailed the circumstances which, be said, he should prove in evidence. Among other facts, he said, he should produce the letters of Miss Simpson to a young school-fellow, written both before and after the date of the policy. These wculd show that, at that very moment, she believed her constitution to .he quite undermined, and that she should not live long. , It would be proved that not, only Mr. H. Edwards must have known of the bad state'of her health, but that in disposing of this and other po licies among his own creditors, and for his own benefit, as he did immediately after effecting them, he actually told them that the policies were valuable, for that the life would not last.. The CHIEF JUSTICE stopped the Learned Ser jeant, and said that, if these letters contained what was now stated, he should consider that these ex pressions of Miss Simpson's opinions, with respect to her own health, as quite decisive of the cause. He was also of opinion that the concealment of the fact of the pregnancy, especially when one of the plaintiff's own witnesses had stated the necessity of mentioning that circumstance to the insurers, was of itself sufficient to vitiate the policy. Mr. Serjeant TADDY, for the plaintiffs, submitted to a nonsuit under these circumstances. A crowd of witnessesAvere in Court ready to have been examined for the defence. SPRING ASSIZE INTELLIGENCE. CHESTER, AP 90 ItIL --. NAYLOR V. CLARKS. This was an action for trespass and false imprison ment against the reverend defendant, a magistrate of the county. The general issue was pleaded, with a plea of tender of 5/. amends to the plaintiff, under 24 Geo. 11., c. 44, sec. 2. The plaintiff replied, that the amends tendered were insufficient, upon which issue was joined. In consequence of plaintiff reject ing 51. as amends, it had been paid into Court by the defendant, under sec. 4 of the statute. The Jury, after hearing evidence, returned a ver dict for the plaintiff—Damages, 101. LONDON MARKETS. Suoan.—ln British Plantation Sugar there is butliSti e j business doing at present, and until the arrival of som e the new crop the market is expected to remain inactif . Prices are, however, very firm. Colour) , Sugars scarce, and are purchased with avidity ; but the' 8 31 ° since this day week are under 1,900 Ws. In fOreir Sugars there is snore disposition to purchase. Havanas 4 and Pernams realize full prices. Mauritius Sugars car, tissue to arrive freely ; the sales this week have amount ' to 10,200 bags, at fair prices, and though some' quantities remain for future sale, the muket appears Ml* Some fine yellow and low greyish white sold as high , 575. to 625., and brown from 435. 6d. to 465. 6d. 1: cwt. Some Bengal Sugars have been_ disposed of it advance on the last Company's sale prices. In refiei packing lumps there is a good demand from 31s. 9) 325. 6d. ; crashed is from 355. to 395. per ewt. ; supply is limited. Ross.—The Government contract for 100,000 g4 1141 _, of Rum, five per cent. under proof, fur the use of t. Navy, was taken yesterday afternoon, at a fraction Abe Is. 10d. per gallon, which is nearly one halfpenny gallon higher than the price given for the last con tract.,/, The market for Runs is devoid of interest; the denaae for the home trade and for export is at present limited. 4 COMM.-This masket is firm, and the qualities broil? forward publicly have gone fromls. to 2s. higher : Sol . . good middling Jamaica realized '7os. to 72;. ; fine a . fine ordinary, Ms. Dominique obtains high prices, from 435. 6d. to 455. ; St. Domingo, new crop, but I maged, sold from 255. to 31s. In old St. Domingo p vate contract business is doing at 31s. 6d. per cwt.' INDIGO Sam—The sale has prOceeded steadily, up to this morning 2,771 chests have passed. Prices going higher than last sale. Hors.—There is a better deinand for pockets for country trade. ,New Sussex are quoted from 1205., 1265. ; Mid-Kenta from 1265. to 1465. ; East Ke from 140 s. to 2005. , per cwt. ; Kent and Sussex of 11 are from 100 to 112 s, per swt. • In the Corm* 7Varket there is a slight re-aetio'n, pri 9 being quoted U,d. per 11?. lower. There is good doing. In Woons there is also business transacting to rowel tent, and for good qualities higher prices are demanded.: In the SILK trade the transactions are very languid.) ltosszA TALLOW is 545. :3d. per cwt. ; Bristles dulb Rout Pocks PRICES OF HOPsl...—Aprl 1 211. 51 15s. 64 12s. to 41 'OP 51. 16s. 6/. to M. Cl' Si. 15s. 61. 6s. to 73. 106 01. Os. 91. Os. to 11/. 1 2e. 0/. Os. 71. ON to 131. 51. ss. 61. 6. to 71. 06 .. 5/. Os. 51. 12.5. to 51. 1 ." 5/. ss. el. 04. to 61. Ct. Suyscx Ditto Fitex Ditto Fatobam Ditto, Fine.— Seconds Kent Ilags— Essex Ditto,. Sussex Ditto PRICE OF POTATOES.—ApriI 23. Kidneys 4.1. 15s. to 5/. Os. per to& Scotch Reds 41. 15s. to Si. Os. ditto. Osnobles and Slimes !1/. ss. to Si. 10s. ditto. PRICE OF OIL. Rape Oil, brown Us. Raised Linseed Oil .. ... 11 x.„) Linseed Oil Cake at the Mill, per th ousand ....1 . 0 Rape Cake, per ton •••••••••••••••••••••••••••••••••••••••••••••••••••WOW•V**O LPATHER. Per lb. d. 1 : 8 Tanned Hone Hides.. 1 6 gi Spanish Ditto S 1 Per dollen. 0 Calf 5kim...36 to 4tlib. 1? 0 Ditto to 701 b. /1 1 Ditto to'Bo l / 3 . 18 0 Small Seals, Oreonlaad PRICES OF Per lb. d. to d. to 561 b.;. IN 191 Ditto 60 to 661 b.— 21 22 Dressing 14 16 Fine Coach Midas ........... 17 19 Ciop !fides. 35 to 40Ib. 14 151 to 501 b. 141. 171 Ditto WHITECHAPIIII. HAY MARKET.—rri thy 50c 01. to 904. Oil. Clover tO 1 1 ° 1 Straw*. 455. Oil. to 50s. Oil. RAW RIDES. Per Stone. s. d. to s.d. Per Stone. mi. d. to di Best Heifers & Steers 2 10 30 I Ordinary 18 e, Middlings. 2 4 2 8 Malta 0 et_2,..f•CP SHEEP SKINS. Polled 3s. (U. to 5-. Od. 06.0 d. toot. f I D0wn5„...... 2 0 3 0 1 3 PRICE OF TALLOW, SO . Town Tallow 398. Od. Yellow Russia 378. Od. . 37s. Od. Soap Ditto 318. Od. Melted Stutl*,— ...2tts. Ditto Itougli—...l7s. Od. &c. per 1121b.--A , Pr,,, • Yellow Mottled wenn* me........N,••• •• white.. Graves Good 1) ,144• PRICE OF RAW FAT, per stone et Stn.—April 21.: Price of Tallow (as stated by the Tallow !deters) • PRICE OF CANDLES. The price of Store Candles, in the retail shops, is as follows l; Candles, per doa. 7s. Od. to Bs. Cd. I Moulds, per duxes COAL. MARK Beaumont _ 29.3.01 Bensham Main 26 9 Charlotte .nree....reow "ow. 31 9 East Percy. 27 0 Holywell., 3O 0 Kenton West 32 0 Killingworth 32 6 Ord's Redhugh 26 0 Pelaw l'ontop 26 6 Shipcote 27 3 TanOeld 29 0 Tanfield 27 6 Townley 27 6 Wylam , 30 0 Wharucliffe 27 0 WallsEndßewicke&Co. T 3 6 Ditto Bell Robson & Co. 32 6 Ditto Clarke and Co.—. 30 6 Walls End Carr and Co. 29 6 Ditto Cranalington.......... 26 6 Ditto Callerton 31 9 Ditto Gosforth 34 0' Ships at market, 864-3hl .I:T.—April 23 Walls End N intonate-b..' Ditto f„,,; Ditto Hilda Ditto A Ditto Nortbusebertaud 32 Ditto Perkins and C 0... 31. 9 Ditto S.l Ditto Ruston's ." '"4" ' Ditto Walker 3s Larribton's Prinrwas „:„ Walls Eud Helton 3 6 ' Walls End 1auabt0u......, 9S p Walls End Lyons...—. 93 , Walls End Stewart's .., 35 9 Ditto Russell's Lyott's.. ~„3 2 Cllllll Trimsaram w oo.* . 3 Hartley Si Pemberton Llangenneeb Stone Coal o .•' 0 Hebburn small 11 Al Old Etberley small j Wall's End small 0 Stobart small dpi sold, 51--th,,,,w, ' COUNTRY CORN MARKET 3 DURING THIC WSFI Wheat. Barley. Oats. BO P Per Quarter. , 56 62 34 36 24 29 48 Basingstoke 52 80 24 36 19 27 35 Bath 4l '72 22 40 29 30 38 Bridgewater 64 68 24 37 120 32 Bristol 64 68 34 36 22 . 26 38 Chesterfield 60 70 30 36 20 23 40 Derby 70 74 30 34 .26 SO 51 Devises 56 72 `24 40 22. 81 ss Doncaster 60 '7O 18 40 19 ; 29 Dorchester 54 54 76 30 38 24 • 94 72 34 36 22 24 44 59 '74 34 36 19 25 34 Hungerford 56 89 20 36 11 33 F 7 Leicester 72 33 25 48 84 17 36 23 33 36 noinsey 56 68 27 37 23 28 42 Shaftesbury —, 60 91 26 Shepton Mallet 48 62 26 33 20. 26 40 - ' 58 66 24. 32 20 29 44) 40 74 18 SS- 16 28 t - Yeovil. 6O 68 34 38 22 24 . Per Bushel. s. 8. s. d. s. d. a. d. s. d. s. d. , S. d. - Shrewsbury 10 8 11 2 4 0 6 0 4 0 6 6 0 0 There have been more dissentients, it is 3 31 to-day to the reduction of the 4; per Cents., than der' the whole period since the books were opened at Bank ; but according to the best information that co l gained, the whole amount does not exceed 600,000 1 . , there remain only two days more for receiving the P 3( of dissentients. In the state of the market, it is per t ' more remarkable that there are any dissentients at all, i that they are so few_ Any holder of 4 per Cents. w ° ' surely do better in taking 102/. now for every 100/. 9 0 than by waiting till July, and then receiving the same 61 (including the dividend) from the Governmerit.--,Vr* BIRTHS. On the 21st inst. at the Rpetory, Forant, Water lady of the Rev. G. Dewdney, of a daughter. . L . On the 22d inst. in Maneheiter-square, the Lidy 0 ' J. Coney, Esq., of a son. On the 22(1 inst. in E.ssx - -street, Mrs. W. D. Ne w sole, of a son. ' • On the 22d inst. in Park-square', Regent's-iiark, the of I. A. Tulk, Esq., of a ton. MARRIED. On the 17th inst. at Paris, at the Chapel of the BO Ambassador, the Vicomte Loue de Brous, to Heirie the eldest daughter of the late J. Worthy, Esq. , Brighton. On the 21st inst. at St. Philip's Church, Liverj John Southern,. Dig., of M diameter, to Frances , eldest daughter of Peter Thomas Huggins, Esq., ° I island of Nevis. On the 19th inst. at 13uttevant, J. V; Botwhette , of the 68th Light Infantry, aon of Col. 13)ushette, veyor-General of Canada, to Mary Frances, only chit Major Baines, 86th Regt. and of Dedham Lodge, bury, Glouceaterahire. DIED. On the 23d inst. at his' father's house, In Grosve sv square, t L e On Wilton. b or 22d d lost. G only son of the Earl and Couot ° g Jai in Henry -street, Pentonville, Brown, Esq., in his 67th year. 1 On the 22d inst. at Kingston -on-Thames, Mrs. •••• Rowlls, widow, aged 73. On the 20th inst. Mr. Joseph James Mawe, of Bee street. On the 21st inst. at Mortdon, Surrey, Eliza, the ° of Mr. I. Rutter. On the 21st hist. at Peckham, Caroline, eldest droll, of Mr. G. F. Marsh, of White Hart-court, Lo m e street, in her 18th year. On the 21st inst. in Stamford-street, BlachfriarP r° Mary, the wife of Mr. John Crippa, in her 33' Y leaving a family of eight children. On the 19th inst. at Bowdon, near To taregy Adams, in her 80th year. PRINTED AND PUBLISHED BY MURDO YariG' THE SUN °Fries, 112, STRAND, LONDON• „ :yi N VIC 111 cm nava, ceive Teu following One now to weigh ki - ve Thou ?two The T It OW OheIDUCK, H uti , Ten Th One Thou °tie Thou TeQ TLIOU Five et t l A / t e l le r O i uki n : l One Thou sama teu COATS Ave Hun I)RAN N Two Thot °4O Thot alstre-rai ditiout • Each length, appointa some Pe called foi T '' T AVE' His Roy Mr. Blau Mr. Hill, Mr. Capr Mr. H ari Boroup Mr. Hap Mr. Hei Lisson Mr. Hill, Mr. Jack, Mr. Kei Baker_i Mr. MT, Ticke each, to the TdVI 15, Old HOU N 0.57, HE t ronage period c .the int Departs lag tho, braeing Easttrn No. 5 in coon preoeu t poFi r situatio and woc A S auperb fig, r.,A, FI: , at the hatneni hours c Judges The 9,700 itupeti the pu upon besides valued The Registi gardiui Accou Write' Old Georg The Estate Edi sold k of titre titre WI C` /7 - AI bitua Fsc_ conat znati and the] attac requ, Cold Bott