The Sun. — London, England, 1830-03-04 00:00:00

DAY). ) be heard ea behalf of the used. hint had filed ice both as W he conduct of to hear those hat the cage ion whatever eived hintself rty in whose Ire pocitiPM. fined charge; t conduct on UP. It WO tltas attacked 'fendant who unless with that consent !fendant took amts. r to this prod Lave the cliSo pportunity of e of motion, lays) to have Ist this. the ease nerving that Id be prejs er directions .ke could be +posed of till Ivided notice for the :no.. I ndition that , 1111. . 'ME IcArrgs. U)tATIC. etion of the 7 Years WI in extent iii to character, t the atten that thoaa , rnment Ol lesion of Is out, he wsg ttee were sp- mic into log ed in 1824. land for the a was a surg Mini on that le deceased'o Court, and widow for rdered to be to the Tal, n. Mr. F. rmeat aim's variably re he Treasury Lnces. Mr. his money, L small saM actual, and red by dic e and so our instance out e could oat ow. After :him on the . condition should the Inand. 'OLEO £$Q• r ion brought f one year . 0 ealpany, of :tore The ut to South hen he had sent action Francis De• induced to ants would . He did not returned a Y). II CORN, the Return* in England .... We. 9d. Me. 7d. PARCEDING. 318. Od. ... 355. 2d. ......22.. Od. ......163. 9d. f a Thura- ' 'orkers, but somewhat tbe latter Pork very )PTALS. 4. to 9. 4. , 0 0 0 0 . 0 0 00 ;4 fi 410 ,4 8 6 0 o a 4 , 4 0 4 4 . to 32e. each/. . to 184. each. r. Pigs. ltO ortecl their her small OUCKSTKR, ther yester joined the re Princess Great n Tuesday, wake their .13 to town. ISTERHA.Z _ ,ins, in Li n Tnesdal acted buei. State fur the Con te Foreign wence, and linister at I the Ex. the Duke Sugar Re. Board of the Cus. It the Ad• ►l Officers. Alinisters in Privy- with only Bills were House to there was ," by pro ):sox, to the table, RouutsoX r ularly ad lis HOUSE OF LORDS, MARCH 1, 1830. . 01 °BIRT GORDON, =Q., OF LARGLANGLIE, WRITER, XIRCUDBRICHT, AND °TRIMS, •PPELLANTS. 3418 3 MARY ISROWN, LATELY RESIDING AT THE NE': HER. WOOD, NOW AT LAWEICKNOWE, NEAR. DUMFRIV., RE. sroNnExT. (Copy from Mr. Gurney's Short-hand Notes.) LORD CHANCELLOR--My Lords, there was a case argued some time since at your Lordships' Bew, in ..which Robert Gordon and others, the trustees of John Brown, we're the appellants ; and Miss Mary Brown was Oue re spondent. This, my Lords, was a case of an appeal from certain interlocutors of the Lord Ordinary, and the first division of the Coutt of Session in Scotland. The main question in the cause arose out of the will of William Brawn, who appeared to be by birth a Scotcliman, but he had resided a considerable time at Lynchburgb, in Virgi n i a , being domiciled in that country; he bad made hie will in 1805, and died in the year 1811. By that will he bequeathed as follows :—" To my father and mother, James and Margaret Brown, I leave one-fourth share of the balance of my estate to them or the survivor of them. To nay sister, Jean Muir, I leave one-fourth *hare of the balance of my estate, at her death to be squally divided between her children. To my sister, Isabella Black, I leave one-fourth share of the remainder of my estate, to be at her death equally divided between her children. To zny sister, Mary Brown (who is the respondent), I leave the remaining one-fourth share of the balance of my estate, at her death to be equally divided between her children, Should she have any." James Brown was the grandfather of John Brown. John Brown was the illegitimate son of the younger son of James Brown, ty Margaret, his wife. James Brown, in the year 1815. by a deed exe cuted by himself, and by Margaret, conveyed to John Brown all hie interest in the one.fourth share that he had tinder the will of William Brown, his son, together with any other interest that he might be entitled to under that Will, or together with any other interest that he may he entitled to in right of representation or otherwise of his eon William Brown. I think he died in the year 1815, and after his death, in the year 1817, Margaret Brown, Who was his widow, executed a deed of confirmation of the former deed of disposition of the property made by her, jointly with her husband, James Brown. Some time after the death of William Brown a suit was instituted in the Chancery Court of the Virginia district an America by the present respondent and one of her sisters, Jean Muir, who was one of the residuary legatees under the will. In that suit, in the month of May, 1916, a decree was pronounced, and the decree, as far as it is necessary to state it, or to advert to it, for the-purpose of the present cause, was in these terms. It deemed " that in consideration of the premises, the Court is of opinion that Jean Muir, ono of the sisters and one of the plain tiffs in that suit, Mary Brown, and Isabella. Black, by . the will of the slid William Brown, the ex hibit referred to, are entitled to one-fourth of the estate remaining of the said William Brown, after the pay ment of the just debts and the legacies, amounting to 10,000 dollars, bequeathed to others; but that the payment of the share of the said Jean Muir and Isabella Black, " both of them having children," ought not to be made unless security be given that at their respective deaths their said shares should be divided amongst their children, GS provided by the will of the testator, and doth accord ingly adjudge, order, and decree, " that the defendants, Archibald Robertson and William Black, surviving exe cutors of the said William Brown, do pay to the said Mary Brown one-fourth part of the residuary estate of the testator ; and to the said Robert Muir and William Black, in right of their respectia e wives, each one-fourth of the said residuum, upon their severally executing, in person or by their attorney, bond to be deposited with the Clerk of the Court, payable to the surviving executors, in the penalty each of 70,000 dollars, with condition that at the death of their said wives their legacies shall be di vided amongst their children." So that, according to this decree, as far as related to the present respondent, she having no children, it was directed that she should have her one-fourth share of the residue paid to her 41 4°14111 Y- As far u related to th e o th er s i sters, they having children, and with reference to the terms of the will, it was directed that the executor should pay them also their fourth shares, or that he should pay their husbands the fourth share, on security being given that on their deaths those shares should be divided among their ehildren agreeable to the dispositions of the will. This decree was pronounced in the month of May, 1816. In the month of October, in the same year, a power of attorney was executed by the present respondent, Mary Brown, authorising John Brown, and Robertson, one of the executors, to receive on her account the money that she should be entitled to under the will of the testator; and, in pursuance of that power of attorney, and in con formity with the decree to which I have adverted, the money was afterwards to the amount, I believe, of be tween Four and Five Thousand Pounds, the precise amount is not material, paid over to John Brawn es the attorney for Mary Brown. It seems, therefore, extremely difficult to say that Mary Brown is not, under these circumstances, entitled io an account against John Brown for the money he has so received— money received in pursuance of a decree of a competent Court in America, pronounced upon the subject of this Will in a suit instituted for that purpose, directed to be paid over and received by John Brown, under a power of attorney for that purpose, from Mary Brown, It is said, however, on the part of the appellants, that Mary Brown was entitled only to a life-interest. in this property, and that she being entitled only to a life-interest in this property that the residue was disposed of, and that it would pass therefore to James Brown, the father, and and through that father, by virtue of the disposition to which I hare adverted, namely, the settlement made by him and Margaret Brown, the subsequent confirmation b Margaret B rown , that it would pass to John Brown fory construc tion p ur p ose o f establishing that that was the true • ; tion of th e w ill a document was r offered in evidence, opinion of an-English lawyerupeonntelntactets.NubLe i ,and t a b l e t English lawy er undoubtedly of nil but the Co ur t i n S cotland justly observed, that3country, nothing to do w i t h t h e law of England, - was no evidence in the cause to shew that the law of Vir giuia corresponded with the law of England with regard to_ the matter in questi on , w i t h respect to the rules b hi c 'II au instru men t o f t h at kind was to be construed, y W and therefore they paid no attention to the opilion relied upon on th e part of the appellants. It was f urt h er urged, and a petition was presented for that pure, that the opinions of American lawyers of that particularef district of America should be taken, for the guidin g the consideration of the case • the Court r c u n .g w r h e t vie; orrefejeeecttieid„.. that petition,. and I think ' they were of this case. T u lle or petition, under the circumstances tion of the will hadqueetion with respect to the construe year ISI6 the been before the Court in America. In the went as to the construyetio had t : pronounced in effect a judg creed t h at My tra of that will, for they had de arhad ;n was entitled absolutely to this P ro perty, they her, arid it veal directed that property to be paid to hpaid accordingly to her agent, appointed by her to receive that which she was entitled to under the will ; it seemed pas:sdipaofnt eertszelocnagtherefore, under these circumstances, an interval of time, not right again to evidence as to thu"for the purpose of taking further waslt urged a real and proper construction of the will. i b l e am b t o u w n a d s owever, that John Brown ought not to lumypothna'tthdecision, he was a party to that suit, his his absence, ew: record, but the decree was made in pro nounced. dilsthion Scotland at the time the decree was cannot be r. d u9h. sitting here your Lordships is . :se prectsely of what the law of America at Wtliiias.rtspect_, yet it is not unreasonable to suppose th John Brown alleged is correct, that the decree bei ng made in his absenc e he might have gone to America sod obtained a rehearing of that decree; but it i 5 not sug papers,that. geat e d th Jolla Brown was not apprised of that decree et the time it was pronounced in the year 181 6 ; he lead received from the executor the money under that deer pertad ee e. , h . e had taken no steps front the year 1816 for therefore, years,..firteznh to call that decree in question, and t take the Court below rightly judged that Ally Lords, th gees„ju4 and that decree as the foundation of their decide accordingly. which I shad beere was another point also insisted upon, to mutated that Mar g leav e a l so shortly to advert. It was in fa c t only ehtrtißrown had herself admitted that she was facts of the cas e , :11 to a life interest of this property. Ihe shortly thee e ; far as they relate to this point, are very was in E ng/and. Part of the property of William Brown was taken out b Y to th a t Prop Admini s t rat i on, w i th the will annexed, er 14 et Brown, the moth er , i n regar d erty, discharging ii 4ir .r:• r the sumplus of that property, after hand Paid over _ , /unmated tu1,650/., and that 1,6501. and, of joh:°ll,nii Brow n , or rather was paid into the tics tcok pl ace, a :wo• At the time when that transae ri alarm zb.ow n e ed was executed between John Brown oubtedly stated n ; in the recital of that, it was un life interest, float as . Mere s t, „ d sly Brown was entitled only to a in this prop erty to J • r akeounied t h e whole of her interest ditri lof " 1 , Pi.ft B rowse for an annuity during on, tan t aut annifit ounds, with this clause and con the time that she residYetildlould be payable to her during case orr beh a lf of the e with him. It i s a Fait o f t h e 0 1 weak understanding: N liable to th a t s h e was a woman to be cotuteculled, and go . verned, and imposed upon, by persons round her ; and these circumstances, to which it is unnecessary for me to advert at present with respect to her having gone away with a man of inferior tondition of life, imposed upon, and induced to enti r into a marriage afterwards consi dered null by the Court of Scotland, to which I wit; not particularly advert ; but it is quite evident that she was a woman of weak understanding, and the Court below judged that transaction to be a fraud, practised upon her by John Brown, and not growing out of the deed itself. The 1,650/. was, by the terms of the deed, to be absolutely w•signed to John Brown, in consideration of the equivalent of only 50/. a year, that payment of 501. to be suspended in the event of her not residing with John Brown ; I think the Court therefore judged tightly, in considering , this transaction as fraudulent, and that the recitals in the deed ought sot in any degree to operate to the prejudice of Mary Brown, My Lords, I think, under these cir cumstances, your Lordships will be disposed, as to this part of the case, to think that the Court of Session came to a right conclusion, in considering that John Brown, and afterwards his trust. es upon his death, were liable to account for t:e money which had been so received from the executors of William Brown, under the will to which I have adverted. My Lords, there were other .coordinate points in the cause consisting of matter of detail in the progress of it, particularly with respect to the mode of taking the account as to the allowances to be made on the one side and the other, as to the costa, as to the charges, and other matters of that description, which were argued at great length at your Lordship? Bar. I confess at the time the argument was going on I enter tained little doubt as to the propriety of the decision of the Court of Session as to those matters. I have since looked through the whole, and I see no reason to depart from the opinion I entertained at the time, I shall therefore, under these circumstances, humbly re commend to your .Lordships that the judgment of the Court of Session, consisting of tiese various interlo cutors pronounced by the first division of the Court of Session should be affirmed, and under the circumstances of this case, with your Lordship? permission, I would re commend that they should be affirmdd with certain costs. Judgment affirmed, with 501. costs. LITERATURE. DR. LARDNER'S CABINET CYCLOPIEDIA. LONDON', 1830. The fourth volume of this valuable periodical has just made its appearance, being the second volume of Sir Walter Scott's History of Scot land, to which vte shall confine our observations, as the first volume must be well known, and if we may judge by the reported extent of its sale (10,000 copies) thoroughly appreciated. The volume now before us is pregnant with interest and novelty. It contains matter which has been unsparingly dealt with by an innumerable host of literary characters. The poet, the dra matist, the biographical vindicators, have all used the events of Scottish annals for their several purposes. But we have in this volume a book which may vie with the dramatists, the poets, the vindicators, for interest, and which transcends them all in intrinsic worth and originality. It commences with a description of the convulsed state of Scotland during the minority of James V., whe❑ the Reformers had scattered the seeds of civil discord through the nation ; the author describes them assuming an authority that rendered the power of the Monarch very limited indeed. After the death of James V., during the Regency of Mary of Guise, and the mino rity of Mary Queen of Scots, the growing power of the Reformers is described in a manner that few could do justice to, except Sir Walter. After the demise of Mary of Guise, Scotland be ing without a Sovereign or Regent, the Reformers were driven to the necessity of soliciting Mary, Francis being dead, to accept the fatal crown, which fell to her by inheritance. Thus we are prepared for evil consequences, for what could be expected ? When we consider Mary, a rigid inflexible Roman Catholic, brought to the throne by the solicitations of a body of stern Presbyterians and profligate Ministers, and ar riving at a period when the very air was infected with rebellion and discord. The following extract will illustrate the state of the country, at least the religious feelings of it, on her arrival : " As Mary made her solemn entry into Edin burgh, she was conducted under a triumphal arch, when a boy came out of a hole, as it were from Heaven, and presented to her a Bible, a Psalter, and the Keys of the Gates, with some verses now lost, but which we may be sure were of a Protestant tendency." Such was the mockery and insult that preluded her unhappy reign. Dur ing the melancholy story of Mary's career, we get a side view of Elizabeth, which is, as a stolen glance into the domestic life of an illus trious personage, whose public character is un impeachable, but whose private is that of the wolf, having thrown off, for domestic comfort, the lamb's skin. Our author gives her character as follows :—" It may be said of Elizabeth, tha t if ever there was a Monarch whose conduct seemed according to the speech of the old heathen, to he governed alternately by two souls of a very different disposition and character, the supposition might be applied to her. Pos sessing more than masculine wisdom, magnani mity, and fortitude on most occasions, she be trayed, at some unhappy moments, even more than female weakness and malignity." This work will make its way through every path of civilized society as long as history exists. Such histories must do more good with regard to the acquirement of knowledge than any other plan that could be adopted. With it the learned will be fascinated, and the unlearned both charmed and instructed. FOREIGN QUARTERLY REVIEW, No. X. This, though not a very brilliant or enter_ taining number, is very replete with information of a practical and miscellaneous character. Each of the articles is written in what we might call a learned spirit, especially the lengthy opening one respecting the policy, institutions, literature, statistics, &c., of the Netherlands, which must have cost both time and trouble, but which we shall not here further refer to, inasmuch as we made it some days since the subject of a leading article in our Journal. " Rossetti's Dante" contrives to render a hacknied subject very readable, and this is no slight surprise. Mr. Crowe, Ugo Foscolo, and a hundred others, for the last century and upwards, have pretty nearly exhausted this subject, so that little or nothing is left for future inquiry or analysis. Few poets have been more fortunate in the number and acquirements of their commentator. Would our own superior Shakspeare had been half as lucky I Wish the a►ble and elaborate notice of " Spix and Martius's Travels in Brazil," we have been both amused and instructed. The two travellers' details respecting this immense— and in many parts untravelled—tract of country, ' are copious, minute, and scientific. We subjoin an extract respecting the diamond district, many portions of which, if not altogether new, will at any rate be acceptable to the majority of our readers. • " The travellers next reached Villa do Principe, a town of some size, laying near the edge of the Diamond District, into which they were admitted by virtue of an order from the King. This tract of country is entirely occupied by the Government, for the sake of its mineral treasures. I n 17S0 diarnon Is were declared the property of the Crown ; and this district being particularly abundant in them, h as been subjected to a most curious system of exclusion. Lines of demarcation are set around, guarded as strictly as those of an infected city. No person is permitted to pass these, in either direction. without an order from the In.. tendant of the Mines. Every one, on going out, himself, horses, and baggage, is subjected to a most minute exami. nation ; and in case of suspicion that a diamond has been swallowed, may be detained for twenty-four hours. The Intendant is Head Judge in all cases, and Chief of the Po lice; he may send any inhabitant'out of the district on bare suspicion. Nor is there any appeal from him and his Council, Junta Diamantina, except to the mercy of the King. Every member of this Board, if he knows of uny person having diamonds in his possession, he is bound to give notice to the Intendant, who immediately issues his search-warrant, though, in eases of emergency, the sod diers are permitted to search without such authority. There are also strict rules with regard to the registration of the inhabitants, the admission of fresh settlers, the erec tion of new inns or shops, and the hiring of slaves. The members of the expedition being acquainted with the In tendant, who, though a native Brazilian,' had studied tnineralegy under Werner, in Germany, were invited to a sitting of the Junta. The order of proceeding was as fol lows :—First, the whole stock of diimonds was laid before the meeting : it amounted to 9,396 carats 2 grabis, and was divided into twelves classes (lutes), inclosed in bags of red silk. The division was made by means of a brass box, iu which there were eleven sieves of different size, so ar rauged that the smallest diamonds were collected in the lowest, the lareest in the upper sieve. '1 here were eleven stones of more than eight carats in weight. Some spurious diamonds were rejected by the Junta, and given for the sake of accurate examination to the travellers. These are now preserved at Munich, and were found to be several beautiful varieties of chrysoberyls (chiefly those called in Brazil green aqua-marines, and sapphires), white and blue topazes, rubies, quartzes, and other stones. After the whole collection of the year had been examined, and a list made, they were, in the presence of all the members, packed up in bags, and deposited in a small red morocce, box. This was fastened by two locks, of which the In. tendant and the Officer of Crown Revenue had each a key, and then given in charge, together with the minutes of the proceedings, to a detachment of dragoons, and addressed to the King, to be forwarded by the Governor of Villa Rica to Rio Janeiro. '• The diamond-washing is performed by slaves, who are hired by the Government from private proprietors, at a rate of from 300 to 600 rees a-week. They are under the controul of certain inspectors, named feitores, of whom there were, in ISIS, one hundred. These persons have the more immediate care of the slaves, and receive from them the diamonds. The feitores, again, are under the ei , ntroul of ten surveyors (administradores), who weigh the diamonds, deliver them to the Junta, and have the ma nagement of the works, machinery, &c. The Government had formerly prohibited the washing for gold in the dia mond dist:let : it is, however, now permitted, as a favour, to individuals; but if any precious stones are found, they are given up to the Juilta. The most formidable enemy, however, to the Government, is the diamond smuggler, or grimpeiro. These persons, who are frequently runaway slaves, being well acquainted with the country, are able by night to elude the vigilance of the Royal Guards. The diamonds thus smuggled are generally procured from the slaves, who are able, in the presence or the inspectors, to secrete them in various manners, between their fingers and toes, in their ears, mouth, or hair, or they swallow the stones, or throw them over their' heads, so that they can find them again by night. When the guards are once passed, the smugglers sell the stones to traders, who easily conceal them in balls of cotton and other similar commodi ties, and send them to the coast." " The Medici Family" is well written and well-informed, and may serve as a useful appendix to Mr. Roscoe's histories of this popular family. " Christianity iii China" is the best article in the number, both for composition and materials. We regret that our limited space prevents us from doing more than briefly recommending it to our readers' particular attention. The same cause compels us to dismiss the remaining arti cles, with the remark that each and all of them support the character of this meritorious periodical. NEELE'S LITERARY REMAINS.—LoNnox, 1830. The Lectures on English Poetry, which con stitute the greater portion of this volume, which has deservedly attained to a second edition, were delivered by their clever young author at the Russell Institution, where at the time they at tracted some attention. Without being re markable for boldness or originality of thought, they are tastefully and even elegantly written. Mr. Neele had a true relish for poetry, and wrote not a few pieces, which are for the first time published in this volume, likely to survive him. The " Remains" constitute an interest ing miscellany of amusement and information. LIFE OF COLUMBUS.—Leamox, 1830. This interesting piece of biography, which forms the eleventh number of Murray's popular Family Library, has been abridged from Mr. Washington Irving's larger work on the same subject, by the accomplished author himself, who of course has retained all that was really useful and novel in his original publication, while he has lopped off, parca, quod satis est, mane, a few of his favourite redundancies in the way of expression and description. This, we think, is a great improvement ; the Life of Co lumbus, as Nr. Irving originally wrote it, was rendered cumbrous and elaborate by much needless verbiage ar.d imagery, which are here ably retrenched. We have no doubt conse quently that the abridgment will be generally . _ liked ; it is full of information, clothed in the garb of the most graceful and picturesque lan guage. We annex a sample : CONDITION OF THE INDIANS OF HISPANIOLA IN THE ABSENCE OF COLUMBUS. " Deep despair now fell upon the natives, for they found a perpetual task inflicted upon them, enforced at stated and frequently recurs ing periods. Weak and ludo nt by nature, and brought up in the untasked idleness of their soft climate, and their fruitful groves, death itself seemed preferable to a life of toil and anxiety. They saw no end to this harassing evil, which Lad so suddenly fallen upon them; no prospect of return to that roving inde pendence and ample leisure, so dear to the wild inhabitant of the forest. The pleasant life of the island was at an end —the dream in the shade by day ; the slumber, during the sultry noontide beat, by the fountain or the stream, or under the spreading palm tree; and the song, the dance, and the game in the mellow evening, wken summoned to their simple amusements by the rude Indian d►um. Or, if they occasionally indulged in a national dance, after a day of painful toil, the ballads to which they kept time wire of a melancholy and plaintive character. They spoke of the times that were past, befbre the white men bad introduced sorrow, and slavery, and weal y labour among them; and they rehearsed prophesies pretended to be handed down from their ancestors, foretelling that strangers should come into their island, clothed in apparel, with swords capableof cleaving a man asunder at a blow, under whose yoke their race should be subdued and pass away. These ballads, or areytos, they sang with mourn ful tunes and doleful voices, bewailing the loss of their liberty and their painful servitude. Th e y had flattered themselves, for a time, that the vi,it of the strangers would be but temporary, and that, spreading their ample sails, their ships would soon waft th e m back to their home in the sky. 111 their simplicity they had repeatedly inquired of the Spaniards when they intended to return to Turey, or the heavens. All such hope was now at an end ; and, finding how vain was every attempt to deliver themselves from their invaders by warlike mea!,s, they now resorted to a forlorn and desi,e rate alternative. Knowing that the Spaniards depended, in a great measure, for' subsistence on the supplies which' they furnished them, they endeavoured to produce a fit mine. For this purpose, they destroyed their fields of maize, stripped the trees of their fruit, pulled up the yuca and other roots, and then fled to the mountains. " The Spaniards were indeed reduced to much distress, '•gut were partially relieved by supplies from Spain. They pursued the natives to their mountain retreats, hunting them from ?De dreary fastness to another, until thousands perished in dens and caverns of famine and sickness, and the survivors, yielding themselves up in despair, submitted humbly to the yoke. So deep an awe did they conceive of their conquerors, that it is said a Spaniard might go singly amid securely all over the island, and the natives would even transport him from place to place on their shoulders." RYE BOROUGH. (From a Correspondent of the Mites.) An animated scene took place in this borough on Monday la3t, in consequence of a contested election which occurred on that day, for the return of a Member to Parliament, in lieu Gf Henry Bonham, Esq., who had accepted the Chiltern Hundreds. It was expected that, according to a custom too long followed in this borough, the candidate to be proposed by the Patron would make his appearance just at the tnoment of election, and, without even his name being known by the few corporators en titled to vote, until proclaimed in the Town-hall, would be returned as duly elected. This...expecta tion, however, was happily defeated on the present occasion by the activity and spirit of Colonel De Lacy Evans, who arrived in the town on Sunday evening, and early the next morning commenced an active canvass among those who styled themselves the freemen. His success with them was of course such as might be anticipated, for the greater part had, as usual, promised their votes, although they had riot seen the candidate for whom their support was required, and some of them did not know his name. Soon after ten o'clock their favoured candi date arrived, and upon his name being announced he proved to be Frederick Pusey, Esq. Immedi ately after his arrival the election proceeded, when the Mayor declared the freemen's choice to have fallen upon Mr. Pusey. Colonel Evans then de manded a poll, and speedily obtained the votes of three freemen, besides a large body of respectable inhabitants and persons born in the town, paying scot and lot, all of whom claim u right to vote, and whose votes, if established, will give Colonel Evans a very considerable majority. The whole strength mustered by the Patron and his myrmidons amounted only to 14 votes, but the Mayor declared the corpo ration candidate duly elected. We understand Co lonel Evans is determined to try the right of those whose votes were rejected, and should he succeed in establishing it, he will not only secure his seat in the house of Commons, but greatly contribute towards restoring this once-flourishing place to its pristine vigour. The bribery oath was freely administered, and as freely taken by certain of the electors, and the can didates were respectively questioned as to their prin ciples, which, in a borough so perfectly rotten, de serves to be recorded as a remarkable effect, pro duced by public spirit. But the most singular anomaly, was the nomination, by one of the freemen who had always marched under the patron's ban ner, of Mr. W. Cobbett as a candidate. He of course met with: no fellow corruptionist to second his motion; but as he avowed his object to be the support of radical reform, we presume he will no longer hesitate to adopt the wholesome practice of reforming himself, and will use his utmost endea vours for the future, to restore the franchisses of this town to those respectable inhabitants who have been so long and so unjustly deprived of them. Mr.SHEIL and theCLOsi MEL BOOT-MAKER. WATERFORD ELECTION. I should not omit to mention the narrative of the incidents of this day, a very odd and ludicrous assault which was made by a boot-maker from Clonmel upon Mr. Shell. While the number of votes were calcu lating, a sallow, haggard-looking man came forward to the front of the centre gallery, and cried out, " Shell, a word with you." This exclamition excited universal attention, and the orator obtained silence. He then lifted up his hand, and directed it to 'Mr. Shell, who was seated next to the Sheriff's assessor, nor was his gesture the lei s impressive because his coat was out at the elbows, and the fragment of a dirty shirt was visible in the rent under his arm. Altogether he appeared in a truly patriotic condition. After having surveyed the object of his antipathy for a moment, he exclaimed, " Sheil, do you know me ? lam Maher, the boot-maker from Clonmel. Often I used to shout for you at the meetings, you little deserter. I remember one of your speeches at the chapel about the mountain of Shevanamaun. On the summit of that mountain that overhangs your city, Cromwell bade his soldiers stand, and, stretch ing forth his truncheon, as he pointed to the fertile vale in which it is situated, the warrior exclaimed, Men of Israel, this is a country worth fighting for.' He was right, arid shall we not fight for this country ? Those were the very words you spoke. I got them by heart out of the Tipperary Free Press, and if the country was worth fighting for, why did you desert it? Ah ! you little villain, you're the Devil's little finger !—(Roars of laughter.) I wish I had to make a pair of boots for you, and I'd put pegs enough in them to make you tread light enough. It's. you that have ruined the pause, bad luck to you !—(Loud cheers.)—Oh, Shed ! I'm sorry for you; after all the victories you won, to see you go even to the pitch-caps, the triangles, the shrieks, the howls, and the groans. You Member for Louth ! No, by J —s, I'd rather vote for Nero or Dioclesian. —(Roars of laughter.) And I'd hop on one leg from Clonmel all the way to Dundalk to vote against you. ' You're a rotten branch,' as the Scripture says, and you'll be cut down and cast into the fire. You look very pensive : here, will you have a pinch of snuff—it's real blackguard, just fit for you.— (Roars of laughter.) Oh, Shell ! if you get into Parliament, it's you that would put in a good word for the Minister. You'd like to be at Dan ; but he'd treajl on you, you little viper, and squeeze your venom out of you. You wanted to be cock of the walk.—(Loud cheers.)--You thought that we ought to subscribe for you, and because we did'nt, you took the base Beresford money. Ali, Sheil, you'd be Member for Waterford yourself, if you had'nt taken the dirty yellow boys from George. I wish I had ye both in the same bag, and I'd duck you well; and, mind me, keep out of my way, little Penenden—(Loud laughter)—for I'll not leave you weighing two stone, and I'll peel every scrap of flesh off your bones. Good bye to you! I'll meet you at Philippi, I believe they call it. I'll be your evil janius ut Clonmel assizes, and bring out the boys to meet you. What a welcome we'll give you." —(Loud laughing and cheers.)—From a Cor respondent to a Morning Paper. The SPEAKER'S second Parliamentary levee, for the present Session, will be on Saturday next, the 6th flstant. The name of Sir GERARD NOEL was erroneously inserted in the division on Lord JonN SSELL'S motion. Mr. POWLETT MoMSON and Mr. Hos" nousE were tellers for the minority who voted for refer ring the Newark petition to a Committee. Their names were omitted in the list given yesterday-. Mr. GRANT has given notice that on Monday next (the Bth inst.), he will move for leave to bring in a Bill for the repeal of the civil disabilities affecting the British -born subjects professing the Jewish • b religion. The Duke of RICHMOND will, on Thursday next (the II th move the appointment of a Select Committee " to take into consideration the condition of the working classes." The Lords are ordered' be e specially summoned on the occasion of such motion. SPIRIT OF THE PUBLIC JOURNALS, I'Whilst the libel prosecutions against the Morning -,Luc cal were actually in course of trial, the voice of this Paper was raised on behalf of the public Press as earnestly as . that of any other of its mem bers. Triere seems, among iiepartial and reflect ing persons, to be less difference of opinion every day as to the impolicy of prosecuting for libel him who does no more than employ strong expressions in characterizing public men, on arguments tlm awn from his own view (however false that view mar be) of the merit of their political actions. If free dom of opinion be worth any thing to a free people, its value is highest when the conflict of opinion runs most violent. Opinion on public affairs is com paratively of little importance, when there is no treat practical object at stake, and when there is no effect likely to be produced on the measures of a Government by an avowal of the subject's feelings but where important measures are impending, or, if executed, where their principles and consequences are topics full of interest for the minds of men, we can conceive nothing more abhorrent to the genius of our free institutions, or to that national spirit which has hitherto preserved them, than an attempt to stifle, by mere power, the mere exclamations which burst ft om impetuous and reckless pas sion, and which afford at once the least dangerous vent for its violence, and the fairest guarantee that nothing " more is meant than meets the ear." We do not believe that a prosecution for political libel was ever advantageous to the party which had re course to it, or ever failed to strengthen the party prosecuted, except only in cases of palpable and ex treme sedition, where the brute force of the multi tude was directlycalled upon to act against the state, and the libellous address was avowedly a prelude to unlawful action. Sure we are, that had the expe dient of contemptuous tolerance been fortunately adopted towards the Morning .Journal, the career of that fooli,h and worthless print would long since have ruts itself out. The nuisance would have been abated by dint of its own palpable grossness, nor would the amateurs of malice and licentiousness have been daily feasted, during the last four months, with diatribes against the Duke of Wellington and the Attorney-General in one column, and, in the next, with impudent demands upon the latter officer, urging him to institute against other prints, the very same power of ex-qtricio information which, when brought into play against the most libellous paper in the Empire, he had been reproached with as an un pardonable crime. We pass over the modesty of Sir Charles Wetherell, in charging upon Sir James Scatlett, as a " Whig" Attorney- General, practices more oppressive and tyrannical than any of which his predecessors had been guilty. sit' Francis Burdett gave a specimen, from the year 1704, of the virtuous efforts of a cer- taiu Tory Attorney-General, to bring about what would have been no less than the murder of whole dozens of his countrymen, on the (now abandoned and universally execrated) pretence of " cumulative treasons." But, in truth, the first and most im portant of the late prosecutions was one which it was scarcely possible to avoid bringing forward against the offending party,—we mean the case in which Lord Lyndhurst's integrity had been attacked with such iniquitous but plausible falsehood. The Attorney-General here pursued, in the first instance, that course which was most trying for the persons aggrieved, because it required a positive denial by them on oath of the corruption which they had been reproached with. This, however, would not satisfy the defendant, who defied the Attorney-General to file an ex-officio information, as a measure which he durst not attempt. The challenge was accepted, the ex-officio was tiled ; and now comes the chums pion of the libelling paper, and rails against the At torney-General for that very conduct which he was invited, and perseveringly provoked by the Tory libeller, to adopt, its one for which he had not cou rage. We repeat our regret, that the Attorney- General seems to have embraced views of political libel considerably different from our own. We feel that if one part of the Press makes political misre presentations, there is always an oppos:te portion of it ready and able to correct them ; but that libellous language, if laid hold of by the Attorney-General, is apt to obtain a popularity and currency which were never attached to it before.—Times. We are well pleased to see Members of Parlia ment ready to press reductions of all the official estimates upon his Majesty's Government, even where, as iu respect of the Navy Estimates, we might have doubts respecting some of the particular cases to which the proposition of a diminished ex penditure had been aplied. The lesson of economy, if not on every distinct occasion attended with im mediate s•tccess, cannot fail to operate indirectly, by keeping the public spirit up to the mark, and show ing Ministers that the " school-master is abroad," to instruct the ignorant, and possibly to chastise the disobedient. It is our belief that the chiefs of the present Ministry mean fairly and honestly towards the nation ; and if they have not (as we are well aware that they have not) yet gone to that extent of economy which the people have a right to insist upon, the defect must be attributed to the harpies who live by preying on the resources of the State, and whose support, in the actual constitution of one branch 'of the Legislature, is necessary to every Minister, lest the national business should be left undone, and the public service, in all its branches, become a heap of irregularity and confusion. The marine of England is undoubtedly that department of which the people are least jealous, and have least cause to be so. if the aspect of the world be such that its tranquillity would run the risk of being disturbed by an enfeeblement of the coercive power of Great Britain, let Ministers be responsible for the midi of the representation, but let the fighting part of the navy be kept up. It is said, by official persons, in defence of the magnitude of our corps of minims, that although the numbers now on foot may not be immediately want ing, they could not be created in a moment, and that soldiers could not supply their place, being for a long time sea-sick when on boats!, as to be quite incapable of doing any warlike duty. Well, then, if soldiers should be sea-sick, it does not follow that marines are disposed to be land-sick. Why not, therefore, reduce a certain prtion of the army, and supply their places, in insular garrisons, from the (confessedly superabundant) ranks of the Royal Ma rines ? It was truly said that the most objection able portion of the Navy Estima , 'es was the civil branch of them. The superannuations may well rouse the vigilance of Parliament, when gentlemen of the families of Dundas and Bathurst, sons (prop pudor) of Ministers, were pointed out as in the re ceipt of pensions of 5004 a-year, after being three or four years in office ! Now it is not enough to say that an Act of Parliament permits such abuses. No Act of Parliament enjoins the King's Ministers to make such improvident grants of the public money. It is true that the Act may not refuse the power, for in that case no Minister would dare to advise the Sovereign to affix his signature to the Treasury war rant; but if the power of granting such costly fa vours be discretionary--as all the world knows it is —are not the Ministers bound to justify such a use of their discretion on better arguments than its "not being contrary to law ?" 'lt is in vain to look for adequate retrenchment from Ministers, until they shall be permitted by the House of Commons to.cf feet it ; nor from the House of Commons, unless it be goaded and compelled from without; and the Press must be indefatigable as well as temperate on this vital question, if it would successfully stimulate the public to a strong and unanimous effort.— Timm The Duke of Newcastle, when he defended the t l u a 1. 1 i a a t t i e o n t inhabitants i n lat ‘li he o ty f r N a te‘ilyalekxebryci;ehtel overcelebrated the u " had a right to do what he pleased with his o wn ," will not aware that the time might come when pe o pl e would say that his Grace had " ca ug h t a T artar. " tit l e Mr. Poulett Thomson introduced on Monday to the House of Commons a petiti on f rom a body of the inhabitants of that town, the pray e r o f w hi c h went to take away front the enlighteneil ai;d liberal Duk e the power of CQliiilliling to torm en t them. It enume rating their grievances, to a pratisainarr to the prayer of the petition, the applicants for Justice, or rather for mercy, state that the very origin of the Newcastle interest in the borough was branded with a gross and sordid maladministration of a public trust. It appears that the buffoon Minister of George 11. and George 111., the Duke of Newcastle of the year 1760, bad the effrontery to advise his Sovereign to grunt a lease of the Crown rights and property, in and about Newark, to the Earl of Lin coln, who had married his Grace's sister; that the property comprised within the said grants consists, besides houses, of 960 acres of land, encircling almost the whole area of the town; that the comEe. (pence of such a property being let, from mere favouritism, to one political individual, instead of being put up like other estates held in trust for the nation to public competition, and let or sold to the highest bidd er , h as b een the conversion of the lease to political uses on behalf of the favoured tenant, the extreme inconvenience and oppres sion of the people of Newark, and the absolute frustration of every improvement which might, under a proper system, have been bestowed by inert of ca pital and independence upon the landed property o the Crown. We leave the details of pubiie griev ance alleged against the Newcastle-maring•tromt: of this borough, to be collected by oar readers fr om f the . words of the petition we now present to thew, h is utterly impossible that any Ministers, under the present state of public opinion in England, should be corrupt enough to renew a lease of national pro perty on terms so utterly unjustifiable, or on any terms but that of accepting the highest offer which open competition can obtain fora trust estate. Lord Lowther's declaration on this head is sufficiently dis tinct : but we regret to see that Ministers opnosed the appointment of a committee for reporting on the case of the petitioners. Mr. Peel's reaious do not touch the real merits of the case: the object of the petition being, as was well observed by Mr. Thom 'on in reply, an inquiry not iutn motives but into facts. We have not room to dissect or comment upon the debate which followed on the Nat y Esti mates on Monday : m the course of the db‘cossion, however, one agreeable fact was atinounced,—viz., that the Duke of Northumberland had voluntarily proposed the reduction of the salary of Lof d Lieu tenant of Ireland from 27,0001. to 20,000/. The principle on which this reduction is recommended would apply to many other offices with large sitiaries in all branches of Gomm:neut.-71'7nm , It looks very ill for the linearity of the promises of retrenchment and economy which bliiiitters have made that they object to the reappointment of the Finance Committee. The answer which the Duke of Wellirgton gave to Lord Winchilsea on this sub ject, in the House of Loods, on Monday night, was as abrupt and decisive as the most devoted admirer of military dominion and lavish expenditure could wish. It is not long since the " Finance Corn• mittee" was pointed out as the hope and In ure sal vation of the country. Who were izs warmest admirers, and the most eloquent prophets of the beneficial results which the nation was to deri% e from the application of its political arithmetic to the profuse prodigality of our system of govern ment 1' Those very Whig politicians who now ad mire, applaud, and uphold the Statesmen who re joice over its untimely en►l, and pledge themselves that the phoenix shall never again arise from its ashes ! If ever there was base inconsistenev—if ever there was sordid adoration of power, at the expense of every claim to public virtue—it is this ! The Chancellor of the Exchequer has given us his plan of reduction. As a relief to the suffering in• terests of the country, it is ludicrous and con- temptible. Is he afraid that the pruning -knif e , in the hands of the Finance Conimittee, would lop off more of the luxuriant brandies of costly and corrupt patronage than his circumspect sad delicate patriot ism can afford to lose? Is he apprehert.ive that more than the salaries of petty clerks an,i nfliciut subalterns might be reduced ? and doss he dread that bloated sinecures might be cut away a 4 foul and unwholesome excresences ? Whatever may be the reason, it is quite clear that a Finance Committee is looked upon as an inconvenient, if net a dangerous thing, by those immaculate Ministers, who have ever economy on their lips, and a love for et er n a l profusion in their h ear t s . We have no doubt that the renegade Liberals will find that this interdiction of their applauded project of a Finance Committee is founded in the strictest virtue and the soundest wisdom. They can no longer see the people suffer ing, that their rulers may revel in the luxury of pro fligate enjoyment. They look through a reversed political telescope, and see the snarly made for the: few, and not the few for the many. They are already qualified fur power, by worshipping its vices.—Morning Herald. Among the interesting topics which were dis cussed on Tuesday night in Parliament, was the motion of Sir Charles Wetherell, on the lste prose cutions of the Press. The Learned Gee?!emelt made no allusions to the partiality which gave so peculiar a character to the proceedings of the Attor ney-General. We did hope that when these pro ceedings came to be discussed in Parliament, that Sir James Scarlett would be: required to " show cause" why he did not deal out even-handed justice by putting Ministerial newspapers on their trial for the atrocious libels which have been—to use the phrase of one of the libellers—" thundered forth" against the brother of the Sovereign, with the ob vious intention of exciting against him such a storm of public indignation as would drive him from this country for ever I Let it not be. forgotten that our pure and consistent Whig Attorney-General gave as a reason for the exercise of the "tender mercies" of hip office to the Press, that he wishc-d to cheek it licentiousness, in order to preserve its respectabi lity. Was it then in his eyes licenticusness to im pugn in strong and vehement language the policy of a Minister, to deny his capacity, or to arraign him . of the " glorious crime" of ambition ? and was it no licentiousness to set up the brother of the King, day after day, in the pillory of public scorn—to load him with the infamy of charges, which, when only whispered against a private individual by the lips of malice, are deadly and exterm;nittinci" to deavour to call forth against him, by (huh inFintri t . tions, the disgust of society and the execr a ti on o f an universal people; and ell for the base purposes of party, and the gratification of prAitical vengeance? Was it decent and proper and moral to do this, and shrink from the test of such dreadful accusa tions in a manner as dastardly as the charges them selves were malignant and ferociort. ? Did the Whig Attorney-General see nothing in thosq things which compromised the respectability and degraded the character of the Press ? Thia'alode of destroying the reputation and peace of salmi of a political opponent of the Duke of Wellington was, no doubt, within the limits of fair and legitimate discussion, or the liberal dispEu.er of ex-djicio pro tection to the Press, would certjnly have thought it necessary to interfere, and, in this east:, as well as in others, bare prevented tine Press front becoming ure of is to he Raid to the recent at , licentious , o , a r b i it t a l e e s o r a f zi i i t n s g ow emanating from the Fame quarter ? fear Sir 'pe t e : o i o' c ii k :.i s eeerrn:' o ep n eat.ni what character id t d h ejl e 3huebtyex;l of the Sovereign 444 self, James's law of political libel, like 141 w. fluskisso: 4 l ll free trade system, liss a " one-sided reciprocity I 'l'- 4 only affords the blessings of penal pro:cello's to that portion of the Press which is or,osed to the policy of the Duke of Wellington, \\ldle, it allows the newspapers which, in their fulsome sycophancy to him, savagely assail the characters of others, to Gill ;Is low as they plcasw in public opinion, without a single ez-cylicia rope or drag being- thrown out to the sinking culprits, to raise them out of the mire of their own drip adation St, much for the Attorney- General Searlett's mode of curbing the licentious ness and preserving the respectability of the Press.— ..Horning Herald. . . Ewl Stanhope's motiou on the internal condition of the country, though negatived by a majority not more decisive of the lute of the que.tiwi than of the character of the jiouic, woe of 4dvautuge in one