The Sun. — London, England, 1836-11-09 00:00:00

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Due. 1 France 0 .1 Lisbon 0 0 Guarn.&Jersvy 0 0 Malta 0 Hamburg 0 0 Mexico 0 0 Holland 0 Jamaica 0 Leeward islands 0 , 1 Waterford 0 HIGH WATER AT LONDON BRIDGE 'fa-MORROW. Morning... ......52 minutes after 2. I Evening 13 minutes after 3. On the Ist January will appear, No. 1., with Embellishments, of T HE HUMOU R I S T; A NEW COMIC PERIODICAL. To be continued Monthly. This Work will be Edited by one of the MOST DISTINGUISHED WRITERS OF THE DAY, Assisted by a numerous Circle of Literary Friends ; among whom will be found— THEODORE HOOK, Esq. HAMILTON REYNOLDS, JOHN POOLE, Esq. (the Esq. Author of " Paul Pry.") LAMAN BLANCHARD, Esq. JAMES SMITH, Esq. DOUGLAS JERROLD, Esq. CROFTON CROKER, Esq. &e. &c. Henry Colburn, Publisher, 13, Great Marlborough-street. HAMBURG, SEPT. 28, 1836. OUR Friends, and all those who may have to w r ite to us, are requested to be particular in directing, HEINE BROTHERS, in HAMBURGH, _ and to observe, that a letter with one inclosure doubles the Postage only, but several inclosures would by far increase the same. Thus 10/. 201., or 30/., for instance, if remitted in One Bank of Eng land Note would only cause double Postage, but 10/. remitted in two notes, would be liable to a much higher charge. It is there fore most advisable, for any Person having to remit Money to Ham burgh, to forward thc amount in One Note; or having to receive Money from Hamburgh, to receive the same in One Note, when ever possible. Of course remittances from Hamburgh to England, surpassing the usual amount of One Bank of England Note, may rather be made in Bills of Exchange, on London. To save expenses that may as well be avoided, we request our Correspondents not to overlook these particulars. HEINE BROTHERS. The publication of THE SUN NEWSPAPER commenced this day at 10 minutes past Three o'clock. M' .~~ `~iyy~ ~~ ~~'`~ )1 1 M LONDON, WEDNESDAY EVENING, NOVEMBER 9, 1836, Spain cannot be saved unless her Government inflict summary punishment upon her treacherous Generals. They are her betrayers ; and to their treachery, cowardice, and moral incapacity, is Don CARLOS mainly indebted for his past successes. The capture of Almaden by the Carlist chief GOMEZ, on the even ing of the 24th, will fully justify the Government, not only in depriving RODIL of the command of the army, but likewise in subjecting him to trial for treason against his country. On the night of the 22d, Ge neral RODIL addressed a despatch to the Government dated Argamasilla, eleven leagues from Almaden, in which, after boasting that GOMEZ could not escape him—that the rebels were paralysed with terror at his approach—that he would soon clear the country of them—and a mass of other bombast to the same effect, he concluded by stating that in two days he would concentrate the whole of his forces at Almaden. Well, in the mean time the gallant Brigadier-General FLINTER received orders from RODIL to defend the town at all hazards against a rebel force, 13,000 strong, commanded by GOMEZ, although the War Minister was certain that FLINTER had only 1,000 infantry, worn out by constant military duty, and 130 cavalry. GOMEZ attacked the town on the night of the 22d, but such was the gallantry with which FLlNTErede fended it at the head of his handful of troops, that two days—:he time mentioned by RODlL—elapsed before he consented to capitulate. He was then re duced to the last extremity, and to add to his distress, the town was in flames. His comrades held out as long as there was any hope of succour, and had they not at last implored him to spare a further useless effu sion of blood, the heroic General would have perished in the flames, rather than yield to the rebels. But where was the valiant Rom r, all this time ? At Argamasilla, to be sure On the 22d he was eleven leagues from GOMEZ, and on the 27th he had gained on the rebels—one league ! While GOMEZ was sacking Almaden, capturing its intrepid garrison, firing the town, and filling up the quicksilver mines in its vicinity, ROD IL with his division was hotly pursuing the enemy at the rate of one league in forty-eight hours I When the news of the capture of Almaden reached Madrid on the morning of the 2Sth, the excite ment that followed was excessive. The eyes of the Cortes were opened to their real danger ; for not till then was it discovered that no efficient force was sta tioned to prevent the march of GOMEZ upon the ca pital. At noon the Cortes held a secret sitting, at which the ad interim Minister of War, and the Mi nister of the Interior, were examined; but of their statements nothing transpired out of doors. In the mean time the liberal Press is loud in its demands for the punishment of the Generals, who have betrayed by their treachery or supineness the cause of the Q UEEN and Constitution. The following extract from a letter from Brigadier-General ELI NT ER, to a friend in Ma drid, has made no slight stir in the Spanish capital:— " OCTOBER am here at Almaden at the head of 1,000 infantry and 150 horse, with orders to dispute the entry of Gomez into Estremadura, and to defend this rich establishment to the last extremity. I have been three days in front of the formidable division of Gomez with my small force, and I am hourly expecting to be attacked by his whole force, which is quietly, and unmolested by our divisions, consuming the provisions of the surrounding, country. I have taken every measure necessary to expel the rebels and to sell my life dearly ; but I have no provi sions, very little ammunition, and an open town to defend, commanded by hills at musket-shot distance ; however, I have cut trenches in the streets, erected barricades, and I am resolved to eat the horses of my cavalry sooner than submit to the degradation of capitulating. with the savages. The soldiers I command are Estremenos, and are resolved to stand by me ; therefore, if I am attacked, you may de pend that the honour of old England will not be tarnished. In a reconnoissance I made two days ago on Poze Blanco, distant six leagues from this town, the head quarters of Go mez at the moment, I made four prisoners (lancers): they say, and their assertions agree with general statements, that ~. e fo cc of the factious amounts to 13,000 infantry, and 1,300 cavalry, 5,000 of the former good troops, and of the latter 800." " Six O'CLOCK, EVENING.—The advanced guard of Go mez has this moment attacked my advanced post. I can only say that, if I am vanquished, it will be owing,- to the number of the enemy, and this will be the last line and the last farewell of " GEORGE D. FLINTER." From the tenor of this extract, it is evident that the "orders" mentioned in FLIN TETI'S letter emanated directly from the Minister of War, and that Rom', was perfectly aware of the state of the garrison at Al maden before G OMEZ approached the town. The following are the significant observations which ap peared in the Liberal—a staunch Government Jour nal—of the 30th, respecting the blame attached to ROD IL with regard to the capture of Almaden by the " Yesterday it was believed that Gomez had entered into the town of Almaden ; notwithstanding, neither the news received by the Government nor private ones confirm such an unfortunate event. What is too true is, that on the 22d that valiant garrison, headed by the valiant English Brigadier Flinter, was defending itself, disputing the ground by inches—that the faction had already pene trated into one part of the town, and that they had burnt some houses, our troops having retired to the edifices that they had fortified, besides the fortress, which would be she last point of defence. The 21st, General Rodil was .A Cruz de Modela. If we attend to the short dis in Sat. -a n this and Almaden—if, as it cannot be doubted, tance betwt., -ew already of the attack of Gomez—if it General Radii k +be dates of the news of yesterday, be defended itself thirty hours that true, according to that Almaden had alreat.., ' - qwn ought to have been im against the rebels—either this t ;nto the enemy's power : mediately succoured, or it has fallen . ”sible with his head in this case the Minister of War is respo,. ' , filch the occu fin• the blood spilt, and for the enormous loss z, eying of Almaden by the rebels will occasion to . flie üblic P u on treasure. Resolved not to imitate risked judgments pup on proceedings upon the doubtful operations of we., notwithstanding we cannot find anythinc , to excuse the mili tary conduct of the Minister of War, if Almaden be an im portant point, an open town with a small garrison has fallen beneath the attack of the enemy's forces at the distance of seven leagues from our head-quarters of a brilliant division of from 9,000 to 10,000 men—of a division, which, in case of a quick march, had at its disposal 500 carts to convey the soldiers. On the 22d, in sight of the guerillas of Gomez, the valiant Brigadier Flinter said to the Com mandant-General of Estremadura, The most excellent Minister of War orders me to detain the enemy ; and only by passing over my body shall they enter.' The immense responsibility which involves this order, lies entirely upon Ge neral Radii. If the brave Flinter—if the garrison which he commanded, have been sacrificed by the barbarous rage of the rebels, who answers for this barren sacrifice? Who answers for the immense resources of which the enemy de prives us by occupying Almaden, and the destruction of the works of its rich mines ? Who ?—The military chief who orders a small garrison to defend itself, under the impres sion that it would be succoured ; he does not succour it, and it perishes." The purport of this language cannot be mistaken. To some extent it breathes the very spirit of the Govern ment ; for both CAL A T RAVA and MENDIZABAL hare more than once expressed themselves averse to the system which prevails in Spain, of inflicting no other punishment on a General suspected of treachery than the mere deprivation of his command in the army, without even a nominal deprivation of rank. The Re vista, another liberal journal, is not less severe upon RODIL " The news yesterday that the garrison of Almaden had surrendered, to-day has increased. Notwithstanding its being received by ofeio, the smallest idea does not offer itself to the imagination upon which we can found a hope of its not being true. If it be true unfortunately, we are inclined to believe the blood of the chiefs of the columns situated in the immediate neighbourhood of this unfortu nate and heroic town ought to run upon the smoking re mains, and the in fanzous heads of those that have looked with criminal indifference upon this disaster, without lending that succour which they ought to their companions in arms, should be without the least delay separated fronz their shoul ders by the sword of the law. It is impossible for this magnanimous nation to suffer any longer the effects of per fidy and treason. It cannot permit with decency and dig nity that contemptible hordes of assassins may organize and extend themselves, and take a respectable and threatening attitude ; rob her of her riches, and assassinate a multitude of her bravest sons, in the sight of chiefs whom she herself maintains with great difficulty and sacrifices, to obtain the extermination of the factious, and to restore the peace that is so necessary for its prosperity and happiness. Fathers of the country! Do not forget that you are its only stay. Vr'e expect that, in union with the Constitutional Govern ment, you will show yourselves deserving of such an exalted mission, taking care that the perfidy and treason may be quickly and exemplarily chastised." This appeal to the patriotism of the Cortes will not fail to make a deep and salutary impression upon that assembly. The injury done to the quicksilver mines in the vicinity of Almaden will necessarily compel the Government to institute the most rigid inquiry respect ing the conduct of the War Minister. These mines produced a revenue to the crown of from 30,000,000, to 60,000,000 of reals annually—a source of wealth which is reported to be now entirely destroyed, the Carlists having filled the mines with water, which will prevent the possibility of working them. The Eco del Commercio, remarkable for its moderation upon every subject, after dwelling upon the gallant conduct of General FLINTER, and summing up the plans so pompously put forth by General RODIL 7 thus con cludes its account of the Carlist victory : This, then, is the result of all those grand plans which were to embrace everything, and to provide for everything. We will not deny them whatever merit justly belongs to them ; but, judging from what we have seen, we must say that their effect has hitherto been to allow a rebel band, sufficiently insignificant after its defeat in La Mancha, time to recruit its strength, to sack the great towns, to occupy a populous and rich capital, and to create the grectest con sternation throughout all the provinces of Andalusia. If to these unfortunate events be added the pernicious moryl effect, which they cannot fail to produce both within and without Spain, sonic idea may be formed of the fatal result of such operations. This state of things cannot be suffered to exist much longer. If tho Government tolerates these things much longer, it will subject itself to a very heavy responsibility, and the Cortes, we are sure, will not fail to adopt the necessary remedy. Unless exemplary punishment, or just reward, immediately follow on operations upon which the salvation or ruin of the country depends, we cannot hope to see henceforward more favourable results than those which we have already so much cause to deplore." Thus among the whole Liberal Press there exists but one impression as regards the recent conduct of RODIL. On the 23th, GOMEZ left Almaden and marched in the direction of Guadalupe, whence it was supposed he would proceed to Toledo, if not inter- cepted by the QUEEN'S troops. We repeat, that Spain cannot be saved, unless her Generals are made to answer with their lives for their treachery in the field. Generals RODIL and ALAIX ought to be brought to trial instantly. Whatever may be urged in favour of their plans, their conduct, since the former took the field, is more than suspicious. They combine their movements so as to drive GOMEZ upon the capital, and yet they leave it without a garri son sufficient to protect the QUEEN and Cortes ! Why not at once hand them over, bound neck and heels, to Don CARLOS ? At best it looks as if the crime was one of omission only. Letters and Papers from Madrid to the 31st ult. have been received. The Address of the Cortes in answe r to the Royal Speech from the Throne was agreed to, and sixteen members appointed to present it to her MAJESTY. It is merely an echo of the Royal Speech, and therefore requires no further notice. The Cortes are resolved to support the present Cabi net. The Regency question has not vet been finally adjusted. The following intelligence from San Sebastian, con firming the accounts published in The Sun of yester day, relative to the raising of the siege of Bilboa, is copied from a third edition of the Times of this morn ing. With regard to Lord PALMERSTON'S dispatches it is not in our power to offer any comment. General EvAtis is well aware that he•has now nothing to de pend upon but the good faith of the British Govern ment. The withdrawal of the 2,300 Spanish troops from San Sebastian, with the avowed purpose of in- Per Share. 40 3.•! 133 47 .'590 THE SUN, I,..k: )NDO N , WEDNESDAY, NOVEMBER 9, 183(. ta)tino SANZ in the Asturias, was in reality b ut a to expose the Legion to the wn 91e power of th e Carlists, and so ensure its destruction. 'We state this advisedly. 'We know well that the majelty of the QUEEN'S Generals would prefer the loss of San Sebas tian to its preservation by General EVAN'S. TheGallaat Member for Westminster is as honest and high-minded as he is brave—this is his crime in the eyes of the intriguing gang who monopolise all honours in the ranks of the Constitutional army. RoDIL would sa crifice EVANS as readily as he has done the gallant FLINTER, if he had an opportunity : _ ST. SEBASTIAN, Nov. 1,1835. —Intelligence so anxi ously expected from Bilboa, which for some time back has been invested by the Carlists, was brought here to-day by the Comet, British Government steamer, Commander Otway, which left Portugalette this morning. The infor mation brought by the Comet is to the following effect : The force investing Bilboa consisted of 15 battalions, under Villareal, as chief in command, with Eguia as his second. 'The forts and batteries they erected at Salve, a little beyond and commanding Begonia, a hill with a church and chateau, whereZumalacarregui received his death wound, were armed with twenty pieces of artillery and three mortars. On Tuesday night, the 25th ult., they commenced bombard ing the place, and continued doing so until the following night, when a breach, extending from the Mallona battery to the cemetery (a distance of about '2OO yards), having been effected, the order for storming was given. The prin cipal attack was directed against St. Augustin's Gate, and executed by three battalions of the division of Alava, to whom four hours' pillage, &c., was promised in case of suc cess. The garrison, however, consisting of 6,000 men under arms, including the Urbanos, acted with so much determined courage and firmness that the Carlists, after twice attempting the assault, were found to retire, leav inr, 200 dead and wounded in the breach. One street in the e town was nearly destroyed by the shot and shells ; not, however, much to the chagrin of the townspeople in general, as, by a strange fatality, the street destroyed was almost exclusively inhabited by persons well known for their Carlist opinions. On Thursday, the 27th, the ca ,- . l i.sts withdrew all their guns from around the town, w i t h the exception of two in the Campo Valentino, which a party o r the garrison made two att em pt s , b u t w ith ou t success, to cap Lire. During the bombardment one of their had burst. On the 28th the Car mortars, it was saiti, lists were seen busily employ,;(-1 in entrenching Berrecalda hill, which commands the bridge of Zaehano and the high road from Balmaceda to Bilboa, by which Espartero was expected to march. This General, with a strong division, was on the 29th at Villacaio, at Villasanca on the 30th, and was expected before Bilboa on the lit of November. On the 31st ult. the river of Bilboa was still blockaded, but in the afternoon of that day an English gun-boat forced her way past Oliviaga in spite of a heavy fire of musketry from both banks. On the same clay at one p.m. the signal station on the Bandera, a high hill looking down upon Bilboa, telegraphed to the British vessels of war at Portu gulette, " Siege raised, enemy retiring." At the same time the Carlists in great numbers were seen winding up the hill between Artigua and St. Domingo. In the afternoon of Saturday last the Rhadamanthus British Government steamer came in here after a short passage of less than three days from England, and just in time to escape a tremendous north-western, which began blowing about three o'clock p.m., and continud with in creased fury till late in the night. The Rhadamanthus, it is said, brought out despatches from Lord Palmerston to General Evans, which required so much haste in their delivery, that the vessel was not allowed to stop to take in a quantity of arms and stores which has been lying ready for her at this place. The Rhadamanthus will start to-morrow for England with the answer to their despatches. The Adjutant-General of the Legion goes to England in her, charged, it is said, by General Evans with a very strong representation to Lord Palmerston of the very painful and precarious position in which the Legion is placed, in consequence of the apparent utter inability of the Spanish Government to pay the ar rears due, or fulfil its other engagements with the Legion. This representation, it is said, is to be followed by an en deavour to get Lord Palmerston to propose an arrange ment to the Spanish Government, by which the English Treasury would take upon itself the payment, &c., of the Legion (it is to be hoped on good and solid security from Spain); and it is further said, that, in case this plan should prove abortive, either by the unwillingness of Lord Palmer ston to entertain it, or by a refusal on the part of the Spanish Government to accede to it, that then it is the firm resolve of General Evans to embark himself and the Le gion, and return to England. Nov. 2.—The Salamander, British war-steamer, arrived here late yesterday evening from Portugalette, brings addi tional particulars to the information given in my preceding letter. A French gun-boat, which had gone up the river on the 26th ult., had been stopped by the Carlists at Oliviaga, and has not since been allowed either to proceed to Bilboa or return down the river to Portugalette. The officers and crew were in fact prisoners. A still more un warrantable and unmanly act has been perpetrated by the Carlists, in the carrying off from Oliviaga, and taking up the mountains (already covered with snow), the wife and daughters of the Swedish Consul, for the purpose, it is supposed, of extorting a large sum of money from the hus band and father of these unfortunate ladies for their ransom. The Paris Journals of Monday have all been re ceived. According to the Journal des Debats the in surrection at Strasburg was plotted in Switzerland several months before its actual occurrence. The ex tent of its ramifications is still unknown. No intelligence of any moment was received in Paris from Switzerland. The Correspondents of several Journals were, however, of opinion that the Diet, satisfied with what it has already done to prove itself incapable of intimidation, will make the concessions demanded by France. The King of the FRENCH has refused the Spanish creditors (whose meeting on the Bourse, to prepare a petition, praying his - MAJESTY'S intervention, was reported in this Journal some ten days since), an opportunity of presenting their petition in person. He has stated, however, that the petition should meet with due attention. Advices from Lisbon to the tat instant, have been received by express, and published in a second edition by one of our Morning Contemporaries. They will be found copied into another part of The Sun. The great excitement which prevailed in the capital, in consequence of the appearance of so many foreign vessels of war in the Tagus, was beginning to sub side. A change of Ministers, and the restora tion of Don PEDRO'S Charter, were among the most prevalent rumours. The Prince ROYAL was gloomy and discontented, but the QUEEN appeared perfectly reconciled with the new order of things. Till the Cortes shall have assembled, it is impossible to do more ihan speculate upon the future destinies of the Portuguese nation. The Miguelites are hard at work to excite dissentious throughout the country; and there is reason to fear that they are acting under direct instruc tions from the PRINCE himsel, who is said to meditate a descent upon the Algal- s. The EX-EMPRESS is likewise accused of engaging in intrigues against the QUEEN, with a view to promote her own aggrandise ment. Such accusations ought not to be credited on slight grounds—we regard them as more than questionable. We refer our readers to a report in another part of The Sun for an account of the Church-rate proceedings at Bungay. We are not sorry to see matters take the turn they are doing, with respect to this most iniquitous of all exactions. The Dissenters complain, and justly complain, that they are compelled to support a system worship, which they believe in their consciences to be not only unauthorised by scripture, but in many re spects directly opposed to its authority. If this be not a violation of the rights of conscience, we know not what is. If it be not a flagrant infringement of that liberty wherewith the Author of our religion has made us free, then the New Testament speaks not the language of truth. To force a man to support a reli gious system of the truth of which he is not « per suaded in his own mind," is to make him obey men rather than GOD, and is, in point of principle, not to be distinguished from those persecutions for conscience' sake to which the early Christians were exposed by their pagan oppressors. That Dissenters from the State religion should ob ject to the payment of a tribute, which identifies them with all its unscriptural and anti-scriptural observances, is anything but wonderful. The real wonder is that they have submitted so long, and with so much pa tience, to the yoke of bondage. They have been accused of not being sincere in the professed religious grounds of their separation from the Church, and if anything could give a colour of probability to such a charge, it is the indifference, we might say the apathy, with which they have, as a body, hitherto regarded the question of Church-rates. A better spirit, however, is now abroad among the Dissenting community. Associa tions for the purpose of doing away with this abomina tion are forming throughout the country, and placing themselves in communication with the great Central Association lately established in the metropolis. This is the true way to get rid of the grievance. If you want relief, show that you feel the burden—if you seek redress, prove that you are in earnest. Agitate—give not sleep to your eyes., nor slumber to your eye-lids, until you have done all that in you lies to obtain your rights. A well organised plan of operations has been laid; let each in his individual capacity, exert himself to give it effect, and success is inevitable. All unite in praising the noble conduct of Mr. CHILDS, of Bungay, but how few follow his example I Were it generally followed, Dissenting grievances would soon vanish. The burning of Mr. CHILD's letter by the Chair man of the Meeting is a fine incident. This Gentle man is an ecclesiastic, and has given an excellent specimen of charitable feeling towards those who are without the pale of the enclosure within which he riots and fattens on the produce of their labour. He is, we believe, the same person who, on a former oc casion, declared that he would pay to any religion, provided it was the religion of the State, and that he had actually paid to the Catholic religion in a foreign country. This is in one sense following the apostolic injunction of " becoming all things to all men." The Times of this Morning is more: than usually elated by a circumstance which-4s a Correspondent assures this estimable Journal—took place at the Devonport Conservative dinner, of which, it may be remembered, we made honourable mention a few days since. Our Contemporary's Correspondent observes, that no sootier was an allusion made, at the feed in question, to the House of Lords, than the company rose to a man, and cheered and shouted, as if they were cheering and shouting for a wager. On this the Times remarks, " The Constitution, civil and religious, of this great kingdom is safe." Wonderful ! So, Devonport has saved the Constitution ! Why, the cackle of the geese that preserved the Roman Capitol was nothing to this ! It beats even the braying of the asses that warned LAKU, King of Siam, that his ene mies were close to his city. We say nothing about the consistency of our Contemporary's rejoicing in an anecdote that four short years since would have filled him with tribulation—we allude of course to that period when he was the first to inveigh against the monstrous effrontery of a hundred and seventy-four Tory Lords presuming to set their opinion in opposi tion to that of the community—but can he account for the enthusiasm of the Devonport Conservatives on no other principle than that of patriotism ? The truth is—and heaven knows with what reluctance we again allude to the ungracious fact !—the truth, we repeat, is, the Devonport Conservatives were all drunk ! President, Vice-President, Lords, Right Honourables, parsons and all, were obfuscated to a degree that no soda-water could alleviate ! As for their ability to understand, or even hear, any thing that was spo ken, the Devonport Telegraph expressly assures us, that the very President himself was " inaudible ;" in consequence of which " untoward" circumstance, the remaining toasts "were got through hastily." And yet these are the men on whom the Times relies for the preservation of the Constitution I " The Consti tion" (we repeat our Cotemporary's words), " civil and religious, is safe." Safe, because a few hundred so phisticated Conservatives roar out, in the key of one of those cannons that are now dinning in our ears that it is Lord Mayor's Day, that they will stand—they stand ! —by the House of Lords to the last moment ! Heaven help our Contemporary, if he has nothing more sub stantial to lean on, than a straw like this ! A tTairs must indeed be at a low ebb with him and his party, when their redemption is only to be worked out by the drunken energies—which the next day's head-ache will be sure to dissipate—of a few score tipsy Con servatives I CHANCERY COURT.-(THIS DAY. METCALFE V. THE ARCHnistior OF YORK. The LORD CHANCELLOR gave judgment this morning in this case, which was an appeal from the decision of the Vice-Chancellor, declaring that the plaintiff, Mr. Metcalfe, had a preferable charge on the vicarage of Leek, to the de fendants. The defendants were the judgment creditors of a person named Warrington, who in the year 1811 was the Vicar of St. Lawrence Jury, and St. Mary Magdalene, Milk-street. In that year he charged those livings with an annuity of NU, to a person named Cotterell; in 1813 Cotterell assigned that annuity to the present plaintiff. In 1814 Mr. Warrington exchanged the two livings in Lon don for the Vicarage of Leek, and the defendants, upon that, instituted proceedings against Mr. Warrington, declaring that as judgment creditors they had a preferable claim to the plaintiff. The Vice-Chancellor thought they had so, and decreed accordingly. His Lordship thought that judg ment was right, and dismissed the appeal of the defendants, with costs. LUMSDEN V. FRASER. The LORD CHANCELLOR also gave judgment in the case in which his Honour the Vice-Chancellor allowed a de murrer for want of parties. The suit was instituted for the purpose of taking an account of the estate of a Mr. Farquhar, to which the purchasers of certain parts of that estate had not been made parties. The defendants put in a demurrer to the bill for want of parties, and that demurrer was allowed by the Vice-Chaneellor, against whose decision the present apppeal was brought. His Lordship thought the decision of the Vice-Chancellor perfectly correct, and dismissed the appeal with costs. ROLLS' COURT.-(THIS DAY.) MAYHEW V. IMMINGHAM. The further argumenss in this part-heard case occupied the whole of the morning. It is expected, however, they will be concluded to-day. KING'S BENCH.-(THIS DAY.) (Sittings in Banco.) THE KING v. THE TRUSTEES OF THE NORWICH AND WALTON ROADS. This was a rule, calling upon the trustees .appointed un der an Act, passed in the third year ofhis present Majesty's reign, to provide for repairing certain roads ; and also un der an Act of Parliament., the 3d George I V., for amend ing the laws for the regulation of turnpike trusts, to show cause why a writ of certiorari should not issue, directing them to return to this Court certain proceedings of an in quisition taken before three of the trustees. The rule had been obtained on the ground of several objections raised to the proceedings of the trustees, in taking possession of cer tain premises, and impanelling a jury to assess damages. Mr. KELLY (with whom was Mr. Palmer) now appeared to show cause against the rule. The Learned Gentleman contended that by the 87th section of the 4th Geo. IV., which provided that where any party felt himself aggrieved by the proceedings before the inquisition, he may appeal to the Justices at the next Quarter Sessions, whose determi. nation shall be final, and shall not be removed by certiorari, or any process whatever, into the superior Courts : Mr. ANDREWS (with whom was Mr. Austin) were heard in support of the rule. The arguments on both sides were extremely lengthy, and of a very uninteresting na ture, as they tur ne d a lt oge th er u p on th e construction of the various Acts of Parliament. The COURT having conferred for some time together, Lord DENMAN said the first objection taken to the pro ceedings of the inquisition was, that it did not contain such a notice as was required by the Act of Parliament—and the cause of the King v. Bagshaw was conclusive upon that point. It was contendod that the 87th sec. Geo. IV. took away the power of issuing a certiorari, but that provision applied merely to the acts of the trustees, and not to the proceedings of the inquisition. Another objecti on was , that in a case w h ere th e i n t er ests of five different persons were concerned, the jury found a gross sum as a remunera tion for all, they being impanelled and sworn to assess da mages according to the separate interests cf each. On these grounds the Court could not allow it to stand as a judicial proceeding, it being in contradiction of the terms of the Act of Parliament. The other Judges expressed themselves in similar terms. 'Rule absolute, _..~1~ BAIL COURT. Mr. Justice LiTTLEDALE sat this morning to bear mo tions. Mr. HOGGINS applied for a rule to show cause why an award should not be set aside, on the ground, that the matters in dispute b e t ween t h e parties wife referred to the arbitration of three persons, with power for two of them to hear and determine on the case. The evidence on both sides was heard by all three arbitrators, and af terwards two of them made an award, from which the other dissented. He contended, that as all three had heard the case, they ought all to join in making an award. Mr. Justice LiTTLEDALF—Take a rule, GUEST V. ELWES. Mr. mored for a rule directing the Master to re view his taxation in this cause. Ile made the application under the 3d and 4th William IV., c. 42, which gave the Court the power to order judgment to be entered up according to the justice of the case. The present action was brovht against the Sheriff for an escape, and the de fendant pleaded not guilty. Thetury found for the de fendant on two of the issues, and for the plaintiff on the third, and that the defendant had been guilty of a ne gligent omission to arrest, and on that ground gave plain- ' tiff damages, 301. The Master on taxation had allowed the full costs of the cause, although on two of the issues a verdict was found for the defendant.—Rule granted GOMI'ERTZ V. BURFORD. Mr. HUMPHREY applied fora rule ef:ing upon the plain tiff to show cause why the rule r a sp ec i a l j ury i n the cause should not be discharged. It. was admitted that the rule was obtained for the rr:apose of delay in consequence of plaintiff not being-Milo to procure the attendance of a witness. 'r defendant's affidavit stated that he himself had submeaod the witness that plaintiff alleged he could not find, and informed plaintiff where he might find him if ho wished, but notwithstanding, which he had not thought proper to subpoena him.—Rule granted. COMMON PLEAS.--(THIS DAY.) DAVIS V. CURTIS. The LORD CHIEF JUSTICE delivered the judgment o, the Court in this case. It was an application to make a rule absolute for the discharge of the defendant from cus tody, under the 48th of Gee. 111., c. 17, he having snffered an imprisonment of twelve months for a debt not exceeding 201. The application when first made was not consistent with the rules of the Court, which required that ten days notice should be given to the plaintiff, and therefore it was in fact no application at all. He would, in the first place, ask the prisoner whether he would give in a schedule, in doing which he might use his own discretion, and imme diately after the Court would make the rule absolute for his discharge. The prisoner, who was brought up in custody, said he was not prepared to give in a schedule. LORD CHIEF JUSTICE--.DO you wish for time to do so, or do you refuse to give in a schedule ?---The prisoner sig nified that he would not give in a schedule. Mr. MAuNetta. said that the 'ld of the 32d Geo. 111., c. 42, regekireci the Court to Q; der the prisoner to make an assessment. LORD CHIEF JUSTICE—The Court can make an order to that effect, bat they must now make the rule absolute for the discharge of the prisoner, and he might if he pleased make an assignment. The rule was accordingly made absolute. BEER V. MOORE. Mr. THESSIGER said, that in this case an action had been brought upon a bill of exchange for 300/., to which the de fendant pleaded that he had received no notice of the dis honour of the bill. In order to obtain a speedy trial the action was set down to be tried at Guildford ; the defen dant did not appear to support his plea, and the plaintiff obtained judgment, with execution for 1004, being part of the sum and damages. When the parties went before the Prothonotary he refused to allow the extra costs of the ease being tried at 'Guildford instead of London. He said that the parties ought to have taken the trial in Lon don, and that they had no right to take the case to Surrey. The LORD CHIEF JUSTICE said that it would be a very hard thing upon parties to increase their expenses by driv ing them to a distant county. I !Mr. THESSIGER said, that there certainly might be case where it would be a great hardship to take a case from the place where the witnesses resided, but there were exceptions to this general rule. In the present case it would have been impossible for the parties to have proceeded in Lon don before the present term, and the object of trying the cause at Guildford, was to obtain a speedy judgment. It was the fault of the defendant that they had been driven to trial at all—it was in consequence of his putting a false plea upon the record, by which he forced the plaintiff to trial. He never appeared to support his plea, and under these circumstances, it was very hard to say that the plaintiff should not be at liberty to take advantage of the opportunity offered him to obtain judgment. Mr. Sergeant WILDE appeared for the defendant. He said that in one sense it was always the fault of the defen dant that the plaintiff went to trial. His motion was against the inveterate general rule that when the Protho notary disallowed an entire entry the Court might be called upon to interfere, but when it was a question of amount it was universally left to the discretion of the officer. There might be cases of vexation, but if the present application were allowed they would have a motion in every case to discuss, whether this or that particular proceeding was correct, and conducted with due economy ? The CHIEF JUSTICE understood that the Prothonotary laid down a principle on which he acted. Mr. Sergeant WILDE said that the Prothonotary did as he would do in all cases. He allowed the attorney in this case the same costs which he would have allowed, had the case been tried at Guildhall. If a party, for the advance ment of his own interest, either for speed or security, takes an expensive and unnecessary proceeding, it was very hard to call upon the other side to sustain the expense. The Prothonotary exercised a sound judgment, fbr had he allowed these costs, there would be no ground for refusing the extra costs of cases tried at Newcastle, or at Lancaster, or at Laun ceston. The plaintiff had no right to speculate upon a speedy judgment. If the plaintiff were in a situation to get it in the ordinary practice of the Court, he might get it in town. Supposing the case had not been taken to Guildford, it would have been tried at the first sittings in London, and he would ask if there was here such delay as justified a de parture from the ordinary course ? The plaintiff was not entitled to take proceeding s at the expense of the defend ant, for the purpose of getting the chance of the earliest possible trial and judgment. The question was, whether the Prothonotary had allowed a sufficient sum for the ex penses of the attorney's attendances? This was a matter strictly in the discretion of the Prothonotary, and he sub mitted to the Court that that officer, in the present instance, had exercised a sound discretion. The PROTHONOTARY said that of course it was for the Court to decide upon the principle on which he had acted. It was the uniform practice of the officer, in cases of this sort, to disallow these extra costs ; and it was only yester day, before Mr. Prothonotary Wray, that a similar case oc curred, when the case had been taken to a very distant county, and the costs thus multiplied beyond idea ; but Mr. Wray had reduced the costs as they had been reduced in the present case, to what they would have been if the trial had taken place where the cause of action arose. The LORD CHIEF JUSTICE—Is the practice in the King's Bench the same as in the Exchequer ? The PROTHONOTARY could not undertake to say wha the practice was in the other Courts. Tile LORD CHIEF JUSTICE said that the question was of the first importance, as forming a precedent in future cases of this kind. Looking at it as a question of law, he felt a difficulty in laying down such a principle as that adopted by the Prothonotary, as the plaintiff had a right to lay the venue where he pleased. Before giving any opinion, he would inquire what the practice was in the other Courts, as it was of the highest importance that the practice should be assimilated as much as possible. CORNISH V. KEENE. This case, which was part-heard on Monday, was then proceeded with, Mr. Scrjeant Wilde following on the same side as the Attorney-General. SHIPPING.-(THIS DAY.) (FROM LLOYD'S.) DEAL, Nor. 8. —Wind N. W., fine.—Arrived and sailed for the river tlie Kyle, Fletcher, and Tamerlane, M'Kellar, from Calcutta ; and Lusitania, Gibbons, from Oporto. Arrived from the river the Osbert, Dalrymple, for Demerara, and sailed this morning with the rest of the outwarci-bound, with a light breeze from the N.W. PORTSMOUTII, Nov. 8. —Wind W., fine weather.—Arrived his Majesty's brig Serpent, from the Eastward. PLYMOUTH, Nov. 7. —Wind W. N. W.—No arrivals. Sailed the Meg Merrilies, Skinner, for the Cape of Good Hope ; Protector, —, for Mauritius ; and Apollo, Milne, Grenada. FALMOUTH, Nov. 7.—Wind N. W. to S. W.—Arrived the Alert Packet, from Lisbon—sailed the 31st ult. Sailed the Manchester, M'Lcod, for Lisbon, Cadiz. and Oporto. STANOATE CREEK, Nov. B.—Arrived the Diagos, Obila vich, from Trieste. MARGATE, NOV. B.—Off port the Percy, Nicholls, from Honduras and Havannah ; and Europa, Young, from Quebec. DARTMOUTH, Nov. B.—Arrived off port the Aburton, Shut tleworth, from Calcutta—sailed the 2d July, and the Cape of Good Hope the 12th September; and London, —, from the Cape of Good Hope. Dovaa, Nov. B.—Arrived off port the Governor Harcourt, Droughty, from Sydney. The Lord John Russell, from Sunderland to London, is on Size Wall Bank. The Lord Mayor's show went off this morning with its usual ecl a t. The day being fine, the crowds were enormous. The procession by water, including most of the city barges decorated with flags, took place at the usual hour, FINE ARTS. .2br ILLUSTRATIONS OF HEAT'H'S BOOK ° II BEAUTY. We have just received a copy of these Illustrations: but as we noticed many of the more prominent one: in our r ev i ew o f t h e A nnua l to w hi c h they are AP' pended, a f ew d ays s i nce , we ma y b e brief in our pr o f', sent remarks. " Vill a Ilealle, Naples," is Ci lif i ! worthy of praise f rom th e tw o female figures ill 111 ' foreground ; one of whom is in a recumbent position, full of ease and grace. " Ilrancesca" has a Lo d i countenance, such as " youthful po e t s fancy when th e / draw," all swe e tness an d seren i ty , without a trace° C' raving. successful in the insipid. Her long, lustrous, black hair fin,;vs dol" her swan-like neck in natural wavy rinio, ets —an effe c , t , by no means easy to achieve in is from a design by 1'4147 /, H o noria giving expression 4.- ..o female beauty. The flowing 01 11 line of this D who is very succes. 14 r ~ • agure is in the artist's best manner.. The _,ountess is more remarkable for quaintness of CO: tume than anything else. It is, however, tolerably well engraved. Of the remaining Illustrations we hav e already spoken. ILLUSTRATIONS TO THE PICTURESQUE 4NNUALS. re- As we n o ti ce d these illust ra ti ons a l so when we viewed th e " Pi cturesque Annual, " we may be bri ef in ou r p resent o b servat i ons. " The Irish ga°d shows a p re t ty young f emale face peep i ng out r 001 o f beneath a most un b ecom i ng mantle, the th i c k fol d f which about the head are engraved with singula r 5, the The " Custom House" is a full front view of one cu finest publi c b u ildi ngs i n Dublin, and with the g r° ; l i f es s in the fo re - groun d , t h e quay and the shipping' 1:il-ainil, the subj ec t o f a very animated sketch. " Lug e ver County Wicklow," is as lovely a scene as eve r h as conceived or painted by a Claude. The g lean' ta l n t little lake, with the thick, hanging woods, the i s ,, es mountains, a n d th e d e li c i ous valley or glen thatiy. beneath th em , are rep l ete with picturesque beau l „r The oth er engrav i ngs o f the " Picturesque Ann'hey have alre a dy b een ment i oned in such t er ms as ta deserve. PORTR AND HARBOURS OF GRE AT BRITAIN. PAR? 3. Tilt, London, 1836. gg ll Each Numbe r o f thi s wor k conta i ns fi ve plate,' re. engraved by th e Fi n d ens , ill ustrat i ve of the 01°'.10,(1 markable sea-ports and ha r b ours o f G rea t Britain In the accompanied by brief literary descriptions. ar to present N um b er , w hi c h i s t h e third and of fol l q u , size, there are t wo str iki ng engravings of I)°llsvi. borough Ca s tl e , t a k en f rom different points °,` vie teri av e That from th e eas t war d presents the most Picture-ct'he sketch, with its long, rugged range o f r ocks, °n see ,; summit of whi c h th e cast l e i s b u il t ; the spraYeY. ou, and the vessels wearing off the coast under the l er , ence of a stiff breeze. The distant groupeS ° f the men who are hauling a small boat to land, break s 4. monotony of th e scene , an d g i ve i t an a i r o f great in mation. Considerin g the numbe r o f engra v f' t bey each of the se Parts, and the skill with which c og are executed, th e wor k i s remar k a b ly chea p ' co no more than a monthly magazine. MEMORIALS OF OXFORD. No. 46 ' Parker, Oxford, 1836. geld This work furnishes us with the moat detailed try minute a ccoun t o f t h e topograp hi cal and other Pe-pr, liarities of Oxford, of any we have yet met with' the Ingrain, President of T r i n i t y, i s t h e e di tor ; a n ' ve to labour o f super i nten d ence i s evidently one Of I ° ll the him, for thi s i s th e forty-sixth N um b er , and 54 p o e subject does not appear to be half exhausted. f $ are only two pl a t es i n t h e present Part ; one is ': tig dull, form a l co ll ege , S t . Ed mund ' s Hall, whic'''still if it w ere not g l oomy enough in itself, i s made ot; more so by a funeral which is passing along the cot or, and the o th er , o f S t . Alb an ' s Hall, who; elte".jog. though quaint and old-fashioned, is still very THE FUNDS. —(THIS DAY . ) 0 CITY, TWELVE O'Ci„- 0 „zed Our arrivals this morn i ng are F renc h an d ri a ,r„d ou Mails ; a l so a M a il f rom Li s b on, b y the Alerl--- 01 ,r' a les , the 31st October, and ship letters from N ew South " 4th May ; Cape o f G oo d H ope, 10th September ; cutta, 15th, 16th, an d 29th:J une ; an d Bom b ay , Otbo the From the C a p e o f G oo d H ope P apers we extra s following : at 8 " EMIGRATION FROM THE C APE.-- It is kllO - tabout number of men, women and children, who have left ° r • the to leave, the C o l ony , t o sett l e or wander sor newher% 0 interior, is considerable ; but this is all that is k °° "jaa° the public respecting them. Various reasons are : 5 ,1 5 .° for their fli g ht, res p ect i ng t h e i r des i gns, and final °W THE FUNDS. Consols which c l ose d yester d ay at 88f a for tI, "e Jo' c loivO count, opened a t 88 1 I—for Money, , 88 1, vono, as yet ; Ex c h equer Bill s 4 to 2 di scount ; 5.51 par to ; B an k St oc k, 204 2 05 ; India, 2 . 5 ' 1 , !PO, - * Spanish Active c l ose d a t 191 at present 19 treepe sive, 51 ; Deferred, 81 ; P ortuguese , 541 ; Cents, 34i 35 ; Dutch, 53f. HAL.F-PAtS- eO5 Consols, whi c h were i n t h e morn i ng at 881, an d A „ c ove' 88, may be quo t e d at present at 88 i 1 f or the frs to cr , o . Exchequer Bill s , lid., 5 di sct . ; 2d 4 disct. ; B ank 205 ; India Bo n d s , 1 prem . ; India Stock, 255. Pat In the F ore i gn M ar k et, S pan i sh Active, 19,1 - 4 sive, 8 ; D e b en t ures , 54 ; Th ree per Cents ., 3 3 t,, 4 sxt caer Stock has receded 1 per cent.—Colombian, 22 ; 221 ; Dutch Two-and-a-Half per Cents., 53 . a l % THREI O' C L Consols for the Account, 81Ik 1. Monday, at eight a.m., the thermometer, -- as ° a at 18 a d t ur a re s e ta s ti F on a few miles south-west of this indicated 26 degreesbse t g Bot • ante Gardens, it fell low previous A ow , so as 16 degrees• ... „ n or , . Contemporary states, that at six o'clock on Mondal - io tli• 'n the ; lannEddoinnbuthrgeh at the same bo t to 1 g thermometer at the Botanic Gardens there o dr cated 15 degrees. At Blair Tummock, at 7a. 0b , .. 1 „ oil s grees. At Mainhill, at half as fairly up, 24 degrees. At the Botanic Gardens at l thatr'of ' o 30 degrees. Last year the coldest morning we s _ A a t I" the 19th of January, when the p I 8, when thermometer atom . - t be degrees. In 1833 its lowest • or degrees °° point was -.) 19th of December.—Scotsman. n tlie T h 1 ,14 ::. r i a . t y e e r n , Pendergast, .. and the , k i ; i d s t ,: When the new Barristers were about to be c alled ° one cl , to first day of Term, in Dublin, the Lord Chancellor 51;0 i n the l e taining the names of the new e ßa h r i r m iste ‘ r i s m , ,as ~ three, udew:ll a dded nrowca L ie‘ntlr e y3'nea.jadsglsibtFi;:it'lan s eici t ieg°rtht°'et..i. t the 5.-throd detain us long, for they are chiefly lunatics." It that t he cases set down in the ordinar way for hearing 0 0 0 Noble Lord referred to ; the mistake, however, was theloo% of a considerable titter among the gentlemen of robe.—Dublin Post. , ec ,i , o o BRITISII LEGION.--The estimates for the . J-' o l, l els have been made out up to the 31st of the m onth , by_., o ot, it appears that there will be then owing to the Legi°"oo,ol including the expense of the depot at Santander) a the re upwards of 86,0001. sterling. Besides this large i to o'n/0 will be due to the officers and men of the two war-steamers, the __ issa eo 11. and the Reyna Gobernadora, no pay having been to them for the last fourteen months—both surnsiartlieg in Spanish money upwards of 10,000,000 reals--a ' St sum in the present financial state of Spain. call' te ' 1 Every arrangement is making by ivi. Le ino 0 Paris, with the British Government, to ta rry hi s ,f for having the mail packet station between Calais 110'..ce o f tern, ~,,oh land transferred from the narrow and difficult ent ra `;‘. 0 10 Dover to the commodious port of Ramsgate early ' l ' , r's next season. This day is th e 385 t h a nniversary of Lard the 3! °) '9 ll ' day in London, th e fi rs t ce l e bration of which Wes eo day of Novemb er , 14.53. 1 rtl et r '- An exc ee di ng l y sp l en did and verybeautif° ut .o3m was obser ve d at D er b y on Sunday even in g , abo notes before 8 o'clock.—Derbyshire Courier. Ad t ° The late frost in the neighbourhood, vve ar e ;oral learn, has not materially injured the potatoes, g beta,. to get OP vi bieP s p eaki ng , which the farmers were unable the frost set in. This is attributable to the sn ° T.,jlea c "' covered the ground to the depth of several inches. . elp aro clesfield Courier. Yesterday morning, about one o'clock, a r u l i l e c ida , 11 named Bodd, of the M division, committed.; 0 datf o : jumping into the river, near London -bridge, wi lt in st. 5 His body was found at seven o'clock, fka tig viour's dock. 1 •~: R _.•-~