The Sun. — London, England, 1821-11-30 00:00:00

TILE LONDON JOURNALS. DAILY EXTRACT§ FROM THE MORNING PAPERS, • November 30. . . [MORNING CHRONICLEa] Letters from Berlin, received by ihe, last mail , again distinctly affirm that the Emperor of Russia longer had. it in his power' to giVe up his pro ject against Turkey, ...which would certainly be acted upon, although it was.prohahle some delay would take place,by which he would be no loser, as, in the . mean time, the Turks were weakening themselves by their exertions against the Greeks, and consequently would hereafter become an easier prey. The.same letters also al lude,in a mysterious manner,, to.the discovery of a plot in Poland against the Grand Duke Constantine.; w hicb,.they add, has possibly been got" up on purpose to dis sande the Emperor from hostile aggressions, nder an idea that he is not altogether secure at home. It is further stated, that it was the wish of some of the Allied:Powers. to have had another-Con gress, and that the King .of . England's visit to :Hanover was connected with this project.; but the Emperor Alexander and King of Prussia ~ ?.intediy refused to join in the measure. [MORNING rosr..) We have received a file of New 'York Papers to, the 3d inst.. They bring no additional intelli gence from *South America, and - are yet silent . .especting the fall of. Lima and the establish- Ment - of Peruvian iS dependence. This silence, - which a few 'days since - would have .almost turned into certainty the doubts entertained -of the occurrence of those important events, on)y . shews the impropriety of .deciding that things are not; because confirmation does not flow in at 'onCe from every quarter. The doubts arose from the circumstance that three arrivals had taken place from the United States, without making any addition to the original Report. How much stronger would they not have grown, had a fourth occurred, like ..the present, to a much later date and with. equal sterility., before the official de tails had reached us .? We rejoice to find by the contents of 'these, Papers, that the. ravages of the yellow fever are neither SO .extensive nor so deadly.' At Alexandria, the Mayor had been empowered by the Board of... Physicians to declare that the town had been restored to its usual health. At Savannah the diminution in the'num her of cases and of deaths was considerable. All the infected places were in fact rapidly recover ing, with-the exception of Frederickton, and the -county of that .n.atne, where not less than 4000 in diViduals were still on the sick list. [MORNING HERALD.] • - One of the most important changes of the pre sent times, is that which has taken place over a vast section of the western world in South Ame rica. Whether it be that the absence of frequent or close relations with that part of the new world, or the agitation, and extraordinary conflicts of interests in Europe, have caused, the gradual.but rapid progress of events in South America to pass comparatively unobserved amongst us, so it. is that a population of, we believe,. above seven teu-millions, and a vast territory, have,.within 113 very long period, burst from a state of colo "f. milli dependence to practical, and now nearly acknowledged independence. The recent vic tories have given the last blow to the power of Spain. The Royalists having lost Carthagena, cannot hope .to maintain themselves much longer on the. Spanish Main. .It is not im probable that Cutnana and Puerto Cabello have fallen by this time. The union of Gra nada and Venezuela under one Government, -which we announced yesterday, is an event of great interest to England and the other countries of Europe. .It hastens the establishment of new relations between them and this great western Power. We see no obstacle to the establish ment of these relations. with the British Empire. ----The commercial treaty with the Spanish Ad miral Apodaca, .which indirectly pledged this country against. the Insurgents as they then were, wolld no longer be insisted on by Spain herself. Tltv mother 'country—at least the Cortes, have abandoned alf•hope of ultra-marine dominion; and daring . the -Contest it is ,notorious. that any ad vintage which the trade of this country ob tained in that quarter was entirely owing to the successes of the ,Independents. This., perhaps, finest portion of the known world, now tranquil and independent, opens a great . sphere for com mercial intercourse. , The Independents have the best disposition towards this country. British sollers have' bled gallantly in their defence ; British capitalists have also contributed to their success, with liberal enterprise. .They are natu rally desirous 'of establishing re.lations.of amity with. a nation renowned for its freedom.l., and tioir means of 'consumption and Production, even LitlortorcOnsiderable;will,,itr.their new state, be -rapidly increased in a:very slioct period,.. There cannot be a nobler field for commercial enterprise. [BRITISH PRESS.] The Irish •-Gove'rnmint' has resblved to call into active. service some of , the militia regiments of the south of Ireland;: and the' corp of yeo minry. The want of an ef fic ient magistracy in the disturbed districts sought to be re;• medied by placing military men, as, low as of the rank of Captaiits,liiion.the commission of the peace. This is . a desperate expedient,. shewing the inefficient condition 'of the local magistracy, but which we fear is almost justified by the-cir cumstances of the country: Abuses must, ..hoiv ever, be expected to flow from so preposterous an unier. of powers that are essentially oppOed to each others and - that' are in tact now United. merely as a paltry evasion of the law, and for the pur pose of concealing the-bitter truth, that the civil power must yield in the existing emergency to the paramount necessity of enforcing tranquillity by the unrestricted .vigour of military execution. We must confess , that., if this necessity really exists, and if it .be found expedient to silence law and justice by the din of arms, we should prefer to see the matter boldly-avowed, rather than to witness this insidious attempt to overwhelm the magistracy by artfully confoundingin one person the civil and military authority. Stich a pro seeding tends to establish a precedent which is ikely to become highly dangerous to the State. LT:IE TIMES.] . - . . We are sorry that Ireland - should occupy so large a space in our journal,—should offer so many subjects of 'painful feeling to our readers and ourselves. Another murder, and perhaps less tranquillity, may seem to be the summing-up of this day'S news. We present a copy of the proclamation, offering a reward of two thousand pounds—inexplicably portioned out—to the dis coverers of the murderers of the Sheas. This is matter of technical dryiress ; but the murder of Major Collis probably borrows a little from ro mance. However, we must leave these matters to the reflections of our readers, who have all the facts that vie have before them. If we were asked our opinion of the probable duration and effect of this horrible evil, there is no doubt, we apprehend, but that it may now be speedily, not extinguished, but smothered. The mur derers of the Sheas, perhaps, occasioned more mis chief than all. of them intended ; and among the half-unwilling and wholly penitent agents, we hope some discovery of the most guilty will take place. Major Cows appears to have been murdered for his money ; and such an occurrence would not have been surprising in other times and in other nations. Our information, however, is scanty, and we can only reason from what we know. But if thellame of this Irish commotion may be speedily smothered with ordinary efforts, and the common powers of Government, we think very differently of the total extinction of the fire. This latter •is a task wholly above the talents of the present men ; and they will probably not attempt it. A little temporary quiet may be im posed by dint of an armed force ; and we shall then, in homely phrase, " rub on," externally tranquil. We think it necessary to notice to our readers, as they may see (what we know to be in circu lation) letters from Hayward and Cadman, as serting in the one case, that the offence for which the writer was condemned was his first offence ; and in the other, that the writer was compara tively -innocent, as he was not a vender of notes to others,—that we have made inquiry upon. both these subjects, and decline publishing the letters, from our full conviction, or rather absolute know ledge, that they are not such as should have been written.by men in dying circurn,tances,—in other words, that they contain falsehoods. Still we must guard ourselves against any misinterpreta tion of our opinions upon the subject of capital punishments, their frequency, or extent : all that we mean to assert is, that under the existing prac tine, these men were not the fittest subjects for the Royal clemency.—(lbid.) [NEW TIMES.] We should hardly feel inclined to interpose any observations of ours, in a matter situated as the pending prosecution of The Times is, were it not for •the very extraordinary and unprece dented'. tondlict of that print not only toward its prosecutor, but toward - a most honourable body who• have no sort of concern or connec tion with the prosecution. A more shameful abuse of the power of the 'Press cannot well be conceived than this—The Times publishes a libel on Mr. Sharp—he prefers an indict ment against the publisher, which is found a true Bill; but' the latter instead of awaiting his, trial with decent tranquillity, begins a new series of libels, in the manifest hope of prejudicing the Jury who are ultimately to decide on his guilt. We are afraid that there are persons weak enough to believe the base insinuations of The Times, solely because that Joarnal has the effrontery to repeat them ; but every man of sense must see through and despise so gross an artifice. We feel it due, however, to the Constitutional associa tion to state, which we do on the best informa tion, that not one farthing of the funds of that Association has been advanced toward the cost of any prosecution instituted by Mr. Sharp ; .that no application has ever been made to them for any such purpose ; and that they have never preferred any Bill (as has been falsely as serted) for a libel on their Assistant Secretary.— It is true that Mr. Sharp has preferred several successive indictments against different Jour nalists, not for the same, but for several succes sive libels. And will it be said that an English man shall be run down by the Press, without daring to appeal to the• laws of his country for redress . ? The libels against him have been " most violent and abominable." They have been so declared by several able law authorities, and they cannot in reason or common sense be thought otherwise. Why some of the Bills have been throw.n out, we certainly :cannot pretend to guess. -Possibly the continued system of defama tion pursued by the libellers themselves mayin some degree help to account for this circurnstance. FROM THE AMERICAN PAPERS. FROM MEXICO. MANIFESTO ADDRESSED BY HIS EXUBLLEisTCY THE CAPT.-GENEIt AL TO THE IIiffABITANTS, THROUGH —•TIIE MEDIUM OT THE GOVERNOR OF THIS PR.O— •'INCE. • " O n the evening of this day I began my march towards the city of Cordova, with the view of having 'therein an - interview with Signor Don Augustin Iturbide, Principal' Chief of the Impe rial Army, upon the three gurantees. Let us treat therein of the reciprocal . interests of both Spains. My attachment to' the Americans, the love of my country the desire' which animates me for public good, and the rectitude of my in tentions, I flatter myself, are already well known ; and that the people will rest persuaded on the preceding supposition that my voyage is indis pensible for the only means of insuring the pub lic tranquillity, and cementing the felicity of these Realms. Before I go I consider it a debt that is now demanded by the affections I owe to the well-deserving Citizens of this place, to take leave of them ; for which purpose. I address my self to your Excellency, assuring them that for my own part it should always appear_ that in 'no negotiation into which I may enter can the 'legitimate interests of Spain be corn 'promised, that is to say, such as can be claim eci without inl:•rfering with those which na ture has pointed out to every man; anci grant mg the rights of man to united soci e ti e s that a secure guarantee of the persons and fortauesl of the Europeans established in New Spain is one of the most sacred objects which I haVe intended to sustain, which, accordivg to the cor respondence with the said Chief, he appears dis posed to coincide with my opinion, as far as they are natural and just ; that 1 must be guaranteed by American honour, that there is nothing to fear for their persons or my own, as little for their interest, or that there should be done the slight est act against my character and representation ; that I warn them as one in authority, and intreat them as a friend, to dismiss ill-grounded fear and reports, scattered by restless spirits and movers of evil ;,that they make every effort to preserve the public tranquillity and respect the Authorities ; that they repose confidence in their Chiefs; and if any of them should doubt,from some irremediable fatality, I take upon myself to con vince them thatrhave had much experience, and do not yield to them in sincere good wishes ; under which idea the alterations which have not been made, need not be discussed, because they are not in question. It is not given to every one to have an intimate knowledge of public affairs. If it were possible that an evening party could investigate matters, like a Council, the measures of Government would seldom be found to merit distrust or criticism. " To you, Seignior Governor, I now particu larly confide,. to make known to the public the contents of this letter, contributing on your part , that what is therein expressed may have - a proper effect. The want of time does not allow me to address myself directly to those inhabitants, nor officiate with the corporate bodies or authorities. Be pleased, Sir, to communicate this to such as may be proper, assuring them all of my gratitude for the kind reception-I have met with among them, and I trust I shall have it in my power to recompense their hospitality by more interesting services. " Of the Chiefs, Officers, and PublicFunc- tionaries who have accompanied me from Europe, few follow me. The most of thein remain in this place. I ought to acquaint you, Sir, that they are all persons selected by myself, and that they deserve my confidence. Under this im pression, those who do not march to-day on ac count of their health, are left more particularly recommended to. your Excellency, that a speedy march may - be made by them in health, and by the sick as fast as they recover, paying every one their just dues ; taking into consideration that this is my order, that it is my recommendation, and that they are remarkable for their good qua lities, their excellent deserts ; and, in considera tion of their want of means, occasioned by the expences of the voyage, which should be at tended to, and for which they shall be reim bursed. God preserve your Excellency many years. . " J 'CAN O'DONOJU, Aug. 19. Governor and Civil. Chief of this place." NEW YORK, . OcT. 25.-I'l6..follaiving inter ligence is copied from 'llavannah Papers - to the 17th ult., received at St. Augustine by the schooner Stamper, Lines :- 46 Vera Cruz, Aug.27. = LefterS from Alvarez, the Secretary of State:of Getieral O'Donoju, from Don Lorenzo . Murphy, and from the Trea surer of Valladolid, Doti Miguel Bellide, dated at Cordovo, the 24th inst., - are received.—lt ap pears by them, that upon. the 22d, General O'D.onoju entered into Cordovo, and on the 2.3 d, at night, General Iturbide, between two rows of - wax torches, the inhabitants forming tr .street ; and several illluminated triumphal arches, firing of cannon, music, and every thing that could manifest the rejoicing. lie pro ceeded to the church, and thence to the house, where General O'Donoju was waiting for Lim, and where they held a courteous and satisfactory interview.—General O'Donoju had returned but a short time to his house, when Iturbide went to call him with all his suite, which was brilliant and numerous.—On the 24th, General Iturbide repeated his visit, and they entered upon the conference,. which was no 'sooner over than Bernd° entered to see 'General O'Do noju, who said to him, full of delight,— ' Every thing is conclnded, and.l are. transported with a feeling of joy, which the testimony of the most glorious actions alone can produce. 'I have proposed nothing which has not been. acceded to, and nothing has been requested of me *WI is not founded in _reason. Our treaties will be published to-morrow, and the, whole kingdom will witness the union of the reciprocal interests of two great nations.'—General Iturbide dined at the house of General O'Donoju, who gave the first toast to the former Chief, and he returned the second to him, and the third was drank to the whole cornpany by them both. The dinner lasted till six in the evening. -:—Murphy writes word, that on the same evening of- the 24th, or at day-break of the - 25th, Iturbide set off for Puebla, and that General O'Donoju will depart . immediately.—The Riquebne is ready, and only • waiting for two. Commissioners, 'wit& ai - e"to carry to Spain the Treaties of Cordova t they are ex pected.. every moment.—Don Juan O'Donoju offers, to. employ his authority that the troops of the garrison of. Mexico shall take their departure under an honourable capitulation, in concurrence with the wishes of the first Chief, to avoid the spilling blood and making use of force." SuicinE.—An Inquisition was held yesterday, at the Horse and Groom, Mount -street. Lam beth, before CHAILLEi JEmmurr, Esq. Coroner, on the body of Mr. KING, aged 83 , who put a period to his existence on Tuesday last, by cut ting his throat. It appeared by the evidence ad duced, that the deceased had for some time past resided in Mount-street, and lived on his proper ty. A few days since a sudden chang e was ob served in his temper and conduct : he became reserved and peevish, and frequently when alone was heard.to talk very loud and incoherent. an Tuesday morning he rose at his usu a l h our, an d appeared completely lost in thoUght. lie shortly afterwards went into his bed-room, where in a few minutes he was discovered with his throat cut. Verdict--" Insanity." LAW !NI. ELI,CG FNCE. II(f CO U:::: OF ADm I RAL,TV, Nov. 23. THE 311IP DUNDEr.". This was a ease of oaliat.ion ; a.nd turned upon the qu;:stion of the liability of the vzss;fl by which the accident was c;:ca sioned. It appeared that on the evening of the Ath of MP.rch, 1820, it being then twilight, and there be:ng several stars visible, the smack Princess Charlotte, of the bsrrlo.n of about lta tons, And on her voyage from gerwizic ' to. London, was working up the Passage called the Swin, near" tue Mouth : of the river, her course being' west and by south, when she perceived on her starboard bow, a brig and a ship. coming dovM upon her, Wearing east and by nor h. The brig, which proved to be ••tlie.Ativenture, was hailed at the distance of about 200 yards by the Princess Chntl4tte's Peoile and thouei the brig nearly fouled. her, yet - she •passed to.vmdward, (at the distance, how ever, of a few. feet only), without occasioning any accident to her. The ship, which was pursuing precisely the same course, and which proved to be thepundse, Holmes master, of between 300 and 400 -tons burden., unfortunately. encountered the Princess Char :Otte by running her bowsprit right into her star. board side, under the main chains, in such a manner that the water poured into the smack 5-. feet water in the hold were found upon sounding. The Dundee, - .which was going through the water at the rate of sor knots an hour, carried the Princess Charlotte, whose and mainc.iil had gotentangled'among the rigging of the bunde.o, .for a considerable distance on her bowsprit $.lll it bfoke : and then the.. 'smack want " down . .head. foremost. • • The evidence was of an exceedingly contradictory character. On the part of the Princess Charlotte, it was alleged that the accident Was not unavoidable, but, arose from the mismanage ment of the Dundee, which did not starboard her helm in time, notwithstanding that she was repeatedly hailed by the smack's erew to do so till the very. last. On behalf of the Dundee, it was deposed that the loss of the Princess Charlotte was . purely accidental, or if attributable to any mismanagement, attributable only to the unscamanlike conduct of the Princess Charlotte's own people, who, if they had continued to wean on, - in the same course which they were keeping at the time, instead of porting their helm, would have escaped all damage whatever. Dr. Arc ors, who appeared for the owners of the smack Princess Charlottes opened the case. Lord STowELL was assisted by two of the Trinity-masters. Dr. ARNOLD stated, that after this accident occurred, the owners arrested the ship Dundee, on account of the damages, and entered an action ; appearance was given, and bail entered into. But he now understood that a question might be raised with, respect to the extent of the Dundee's owner's liability. This question it would not be necessary for him, in the first in stance, to address himself to. A libel had been given in, con taining the charges advanced on the one side with respect to the cause and extent of the damages ; and an allegatiorrhad been , furnished by the other .party, embodying the defence which was to be' set up against those charges. These respective pleas he would endeavour to go over as briefly as he could, in order that the Court and the gentlemen by whom it was assisted might be the better enabled to form their judgment on the relative merits of the case. It appeared. that the Erincess Charlotte at the time of the accident had on board a cargo of grain and some mer.. chandise, and was manned with her full complement of ineh to act-12 men, besides four passengers. On the 6th of March she set sail from . Berwick, rind proceeded on her voyage, being bound p London, until the evening of the 9th. On that even ing, having entered the Sarin, and being at a distance of about two miles and a half'above the Beacon, she was wearing up her course, being W. and-by S., the wind blowing from the S.S.W. It was not a moonlight evening ; but it was in proof that it was clear, end that the stars were sliming. A little before seven o'clock, she observed two vessels bearing towards her : the one la brig, called the Adventure, and the other a ship, which proved to be the Dundee of London : they were both wearing in a course E. and by N. The Adventure was about a quarter of a mile a-head of the Dundee, and both were holding the same course. All hands on board the smack were on deck ; the master and two of his crew keeping a look-out before the windlass. At this time the three vessels (the smack, the brig, and the ship) were in a line one with the other. Upon the Ad venture's .nearing the Princess Charlotte, the latter hailed her to keep " her helm to . starboard;" with which the Adven ture's people immediately complied, and afterwards bore off, clear away. In a few.minutes afterwards, the Dundee bore down close to the smack, but though the smack's crew repeatedly hailed " Ship, a-boy ! starboard your helm," the ship return ed no answer, and no notice being taken, and she in fact refus ing to do so, as the Adventure had done, the Princess Char, lotto's : men.proceeded . tp make every exertion that was within their power iii order to get clear of her. Having repeatedly Called out to the crew of. the 'Dundee, they at length perceived some slight alteration in her course adopted, which induced the 'smack's men to believe that their hailing had been heard; and was attended tb, by the ship's having at last starboarded her helm ; but immediately after, the Dundee ported her helm . ,and came - right on board the smack, striking her - with the Utmost violence on her starboead side, and driving her. bowsprit through it, near the main chain. The, Dundee was going about six knots;' and the smack at not more titan three ; and the litter, which was literally hung up by the ship's bowsprit, continued in that state fbr some time, till it broke, and then she went down head foremost. The ct ew were promptly got on board the Dundee, but it was found impossible to save any thing out of the cargo or materials of the smack. It was further alleged, that when the men were got on board the ship, the master.(W. Holnies) and the pilot were foubT to be in a state of intoxica don. They both acknowledged " that the accident was alto gether their own fault, but that it could not be recalled ;" meaning thereby that the Dundee had occasioned the damage. The pilot added, " I shall be a ruined man ; for I shall be broken, and- what will become of my wife and family ?" He also said, that when he had run forward to. the forecastle, he had left the helm to starboard, but that at his return he found it a-port, and he wished that the person who had so altered it had had his head under the ship's bottom. It was further alleged on the part of. the smack, that, just previous to the accident, the master and the mate wer . e.below in the cabin, pricking off her course on a chart. that hearing much noise, they ran on deck, but that when they arrived there, they found the ship so close aboard that it was impassible to prevent their fouling. Then the libel went on expressly to impute-the disaster to the want of skill of the master and.others on board the Dundee, and to the want of a proper ,look-out on their part. The 2d article pleaded, that the burden of the Dundee was about 450 tons, and her draught 15 feet water ; that she had on board a Trinity pilot, but not duly qualified to serve on board any vessel drawing more than 14 feet. The value of the smack, taking it as on ship, freight, andbargo ' was about 9,0001. The remaining ar ticles were in the usual form. They pleaded the Court's juris diction, and prayed compensation. The, Learned Counsel ob served, that he had now recapitulated as briefly as possible the facts laid in the libel. • The CotritT suggested, tifat itloi.ild be inexpedient to open them in too brief a manner, because much_ of the evidence•was derived from the statements of ,parties . who . were present at the occurrence; and whose evidence wds thetefore, perhaps, the most iiripartant. . Dr. An.NoLn explaThed,' 'that by saying -" briefly," he did not mean to imply thi,t , .lie had omitted any thing material to the case. but only . a few technical forms. The allegation - on the other side given in, set forth that the' Dundee was 'a -new s ip, completely foinitLin storts'and pinperly manned; thatfsbe had on board at the time'of.theT.c.cident.her captain (Mr. Holmes), two mates, a pilot, anal a competent crew; amounting in all, including szven apprentice 3tll..rnen--a' . number which was • her fair complement: It wateallage.d that , the Dundee - had taken a river pilot but had act him ashoife;.auil took on' board in his swad a Trinity pilot ; .that;.a. the ..SiiiP'was. 'proceeding 'on her with all , these %persons. oft board; andsteering, on the evening of the Niftif esst..and by north, a 110:teenier *brig came i.Ol t • a-head t • A' the:La - v.11:e; keepingthe'sarrie course ; that. aliortly after this' - .collierhich. was' the ,brig had so passed tb - Duiltlct;;,,she was observed. by:the master t the pilot, and the of the •giindee. suddenly to alter her course by putting her •to starbeiiirct: that thereupon the pilot - of the Dur.dee.ortt.ai Ler 68 put :to starboard, which Was •immediately clone, and. tihnot- in - 711te same moment a smack, which.proved • tit be' the 'Princess Charlotte . , • Was seen for the first time, barely cleaz of the - Adient‘lie. It was fuxther al leged, that the altering ; the the . Dundee was a proper and se amanlike measure ; both die Adventure. and Dundee hav ing adopted it in brder to pass (In the lee side of the Princess Charlotte ; that the smack pOrtell her helm, and endeavoured to go to leewardof the. Adventure.; .hailingthe brig; an4desir ing her to go to the WillflVlta . ra. ';'112.4 snrkaek thereupon ported her helm a-tce, and did go ioloetyr.4l • of the said brig. .It was contended in this allegitiori that the, manoeuvre of the smack was unseamanlike ; .and. titer. ne,twitlotanding the.great•eker dons which were inq.de.on heard7the Adventure to obviate acci dent, it was witti • the ;greatest diffieulty..that she could be pre vented from running ,dovirf tlicksmdCk.: that the - smack by this wrong measure, placd.herself in it' situation whereirt'she became perfectly unmanageable,. her Mend being in the wind: that her crew were °lodged to'be in great .cOnfuiton :at this time ; and. ..that if the Princess Charlotte, imniediately upon seeing the Ad. venture alter her coursiN lxr,i continned.her own without altering the helm at all, she would . have - gone clear by the Adventure by many yards, and by the 'Dundee by many fathoms. The filth article denied that the people on board the Princess Char. lotte. did at all hail the Dundee, or call out " Ship a-hoy starboard your helm - :" and• equally denied that the Dundee ported her helm. It alleged, also, that the Dundee, upon see. ing the brig Adventure • alter her' course,not only immediately P ut tier helm hard to starboard, but continued to keep it so • • still, and so held it at the dine that the accident happened; that not more than thirty minutes altogether elapsed frog' the time at which .the smack • cleared the Adventure and the Dundee's coming.' into contact with her ; that the rig ging and mainsail •of the 'smack got entangled with those of the Dundee ; .after whieh the Dundee became -so un govetnable, that there was no possibility of getting . 129 x of • the smack. The sixth article dented in express ~ toms that any of • the Dundee's people, at the coming aboard of the crew of • the. smack, were• in a state of. intoxication ; and that the master and pilot had 'made any - such declaration as the libel imputed to them. it pleaded that all the Men were perfectly Sober,, and at their respective stations; and. that the master, the pilot, and upwards of lb' men were on her deck At the time of the accident. The seventh article, 'in corroboration of the last, set forth the prompt and effective measures which were taken for the securing the crew of the smack. The eighth article denied the statements contiLlileci in the libel with respect to the .Dundee's tonnage and the pilot : - the burden was rated st 35t; tons only : it was admitted that Wing's (the pilot's) cense.extended only to the pilotage of vessels not drawing more than 14 feet water, on.voyai, , es from London to the North Seas; and that the draught of the Dundee was rather more than 14 feet ; but it was submitted that Wing was a perfectly compe tent and proper person. for the office in which he was engaged- The Learned Counsels then observed, that in these proceedings a great number of witnesses had been examined; 15 on the past of the Princess:Charlotte, the smack run dowu, and 21 on the past of' the Dundee, The Court would feel, that it would be A drievous amsuinption of time, if he were to attempt to open in etail evidence• of such. extent. Besides, the Court, and the Gentlemen by Whom it si,iS assisted, would find that there were many facts, on which the witnesses for the parties inte rested, both on the one side and the ether, were perfectly agreed, and in fact 'admitted. The time and place at which the accident in question occurred werenot disputed. The state of the wind and weather, that it wasa fair evening, that there was a mode rate breeze from. the SS, W., and that there was an ebb tide ; all 'these were Points no more in dispute than the different courses. in 7/hicli ,they were sailing. Upon the whole of the facts that .would. appear from the evidence to be read, the Learned Counsel submitted it would clearly appear, that the mni iSfortie • in which this su it h a d or i g i na t e d arose from the Dundee's- not having done that which it was alleged to have been her duty to do ; namely, the putting her helm to star ' board, and - keeping it in that position. Dr. Ana.his ' on behalf of the Dundee, began by observing that his Learn e d Friend (Dr. Arnold) had rendered it unneces sary for hint to go more at length into the proceedings which had been had in thikcaae. His Learned Friend had very pre'' perly ehdria - retirealato impress upon the Court those particular topics on winch the case was . most likely to turn. Several facts, as he had stated, were not in .diSpute between the parties ; and to them, of hoursen'it•was.uhnecessary that he should now ad dress himself. The Dundee, it appeared, was just entering the passage called the S w i n , :When a light collier brig named the Adventure overtook her. Without a struggle for precedence by superiority of sailing.; - the Dundee suffered herself to be passhil by tins ,vessel, and the. Adventure thus shot a-head of her. It so happened thit the-'smack the Princess Charlotte, bound tg London,• had enterednlie - satne passage from the other sida, and was bearing„directly . towards the Adventure, which was upon precisely, or almost so, the same .couese as the Thial dee. The faCh was, therefore, that all the three vessels were in a line... :.The.. Dundee - and the Adventure were coining out of, and the, Princess Charlotte was going into, the river.-- The wind and weathei at the time, were matters very little dis puted between the parties. It was very clear that the vessels were in courses directly contrary the one to the other. The tide was the first of the ebb, and he (Dr. Adams) w ag informed that at that period it would necessarily run to the eastward. .It was also to hi remarked, that being all three in • a line, the Dundee was placed,•as it were, behind. the Adventure; so that the Princess Ch a rl o tt e an d th e Ad venture must have been, is some degree, inxisible to each other. was, too, evident from the testimony of the principal officers on board both the vessels: the Dundee and the Princess Charlotte saw one another, just 0 the time when the Adventure, by starboarding, had got a hal" oat of the line. The ships were all sailing at a very moth:tate. rate, 'and' when the Adventure had passed the Dundee, the hit ter kept her way at a reasonable distance eastern, quite enough: in short e for all reasonabl e purp oses o f sa f e t y . F rom th e whole Of the evidence, it would be clear to the Court and the Gentle men by whom it was assisted, that it was the duty of the Ptia dess.Gharlotte to have " kept her wind," to hold on, and nut to alter hencourse ; as little could it be doubted that it was the duty both of the Adventure and the Dundee to do every think which might be piefitalele to be done for the purpose of getting put of the way of the smack. The main question therefore was , whether, in thocase of the Dundee, the starboarding her helm was that proper and reasonable thing ? Now there WF.S . Ont fast which his Learned-Friend, Dr. Arnold, in opening the cass , had not in. the slightest degree alluded to; but which to hits' (Dr. Adinis), seemed, in truth, very material and easentihi- It was this—that though the Princess Charlotte did starboard .her helm -immediately before she pasSed the Adventure, yet she had before that ported her helm. The, other side, indeed, de' nied this in their plea; but the fear was clearly proved by Ales ander Elliott's deposition ; and of that he need only say, that Elliott's was the very hand that did it. There were shewn ua 11aVe been serrie other circumstances in th e con d uct o f t h e smarm to which he should now call his Lordship's .attention, .because they seenied . to him be very important ; . and their effect ihs s this ' • that ny the contrariety of manoeuvring on board the Psill‘ cess Charlotte, she threw herself so completely on board th e Adventure, that it was only by a very short space indeed that the vessels at length passed each other: The ()diet side de; nied all this ; but he must contend that 'it was clearly prove* against them in spite of that denial.. It was proved. that the smack had. ported her helm : but 'finding that the 4-0 - venture would starboard her's, she' 'wa.a- obliged t do the same thing ; thus losing time, by mismanagement, at a hie? : critical period. In consequence of this, the smack was the greatest possible- danger of running on board the Adventure' and only cleared her by a very few feet. The confasiori oe _ 3 °, board the Princess Charlotte wa s s h ewn t o have'been such, it must have been almost impos s ibl e f or h er peop l e to see 'bat was doing in- the other ship. She was with her head in the wind, and was in that state that she became qUite unmane.' t able. At this time the Dund ee was p rocee di ng a b out 50 tec from the other vessels. Now it had been represented as a. her/ strange thing, that because the Adventure, a light collier blip had been able, by atarboarding her helm, to pass and clear the smack Princess Charlotte, this (Sreenlander, the Dundee, * much duller sailor, should not have answered thebehn au resi dily'as the light collier, and cleared the smack with equal 66' lity. He did apprehend that-the Gentlemen by whom the COO!t were assisted would be of opinion that it was not to be expected that she should. The Dundee did what was right, bat unfore tunately it was-too late. It could not, of necessity, be effectest in time enough, by reason of what . had passed on board th e smack, and of the fatal position in which that had placed het' The Court and the Gentlemen would perceive how strongly th 4 evidence went. to shew, that if the Princess Charlotte had CO tinued its her course without alteration, she would have pair on without danger or damage, but instead of keeping her heo n straight, she threw herself right atlawart . the course of the DO' doe. Ilse trusted that.he had now shewn that no reasonable fererice, applying to . the• Dundee, could be drawn from OA thing which inight , have been done by the Adyenture. It wit** be fhand, by the general result of the various depositions to be read; that at-iso time had the Dundee ported .herhelrn ; a nd he (Dr. AdaMs) would readily admit, that if sire had done so st ie Would inte done'Very wrong ; but the evidence went quite th e other way—it went to shew that her helm had; in fret, itarboarded from first to last ; yet the ocher side had ventured . toauggest that the Dundee, in the most improbable way, to be sure, that•eould be well imagined; had ti e st parted an d CD: , starboarded her helm. This was a thing lassitivelTdenied every peason on board the Greenlanderht tnitinse..Upon thes e -facta, it would in his argument be his dtify to submit, that th e accident sustained by the Princess Chatiptte : and. Which all ps i r . ; cies must' unite Msdeploring, was Of that detcription, that it i to* been impoSsible . to be prevented ; 'and that it' the #essel h a d bees worked rightly no such accident would hhve befallen her. 11j . to the monstrous facts which had been put into the plea on the oppoSite side, aelatiVe to the irhoxication , of the master and trw_ e mete, ,they .were triunaphehtly answered by the Mass of evidehet tending'. to.,ptdve, , in the clearest. manner,' -that there' was r ev, , liquOi off,bor t ad the' Dundee at all, eaceptiog one bottle. • whi ttle Was secured in the :master's locker; and-Loath -ati Ihr• final t he s master; die rate, and part of the crew latirenreally intoxicate:a:, nothing but small.beerbeal been servs4 out in. the,.aaaesea.if whole Thetotiriwohld not fail to uhaerve; niereuvet, tr' pionipt.ineakrai that Were adgpted by thesDandee itninedhatoi s after, flier accident, in le wering her boats,seehrinn the shiad ee people, .and so forth, front all which it was established that St''' lookhau k oti board tier was mesa vigilant andaenple. . In hoe: elusion, •the Learn:al COutiael .aulanittedahatit was quite IP' a possible that the Dundee could• prevent the misfortune wh.g unhappily tilde occur, and quite impossible that any rasponai o , kitty. for that accident should lie pronounced to have attached . 1 . this Diu:d;A. (The evidence, which was voluminous, was then read aria Dr.. Adams, by "the desire of the Court, .proceeded with his ae gumeht Upon the facts, . which he discussed in wiliest *" e r speech ; we shall defer reporting it,,liotreFur, till we are anair-7; to lay the remainder of the argument of Counsel before public.). At its conclusion, Lord ST owEhn consented to take the farther hearing on tl ' l by-clay of the term. 'f i che Court was occupied with this case all day, and did rise till half past four. Printed and Published, for the PaotinlET4ilt3, at the St'.: - OFrICE, 112, Strand, by J. B.CAUSTAIIIi