The Sun. — London, England, 1821-11-16 00:00:00

THE LONDON JUZP.NALS, DAILY EXTRACTS FROM THE MORNING November 16. • [MORNING CHRONICLE.] Letters from llavanuah, dated Oct. sth, and received yesterday,' mention, that Mexico and Vera Cruz had refused to accede to the late treaty entered into by Iturbide,' and sanctioned by the new Viceroy. O'Donohot. They add, that fresh dissections had broke out among the Independents. Barcelona Letters, received yesterday, afford the agreeable intelligence that the fever was sub siding very fast there, few new cases having oc curred for some days previous to the departure of the mail. They 'also mention that the fever had not. attacked any of the inhabitants of Bar celona who had long resided in South America, and experienced the endemic peculiar to that climate. So little were' several persons of this class now in Barcelona afraid of the fever, that they preferred remaining there, and by their per sonal services,' as well as the fortunes they had amassed abroad, afforded considerable relief to the Barcelona sufferers, when others dreaded to approach them.—(ibld.) order that reigns in the county of Limerick. — These hopes have been disappointed ; and there is reason to fear that the state of society in the county of Cork will be soon as•.disturbed as that of its neighbour. Several houses within its confines have been attacked by ruffians in search of arms, among which we find the house of Mr. Wrixon,' the father of the worthy Representative of the town of Mallow.—lt is now become a practice . with the gentry to send away their arms to a place of safety, thus leaving their houses and persons at the mercy of the depredators. This practice we deeply regret, as it was to the courage curl acti vity of the resident gentry we locked for the most effectual means of restoring the country to tranquillity. [MORNING HERALD.] We are much obliged to a friend for the fol lowing extract from a' letter dated Mahon, Sept. :30,1821 :—" The yellow fever rages in this island and in the Lazaretto, with increased vio lence; the mortality in consequence is very great ; this must account for my not answering your last letter. We haVe had no packets from Spain for upwards of two months, owing to this cruel disorder. Upwards of eighty vessels of different nations are now under quarantine at this port ; not one but has lost some of its crew, and a few without a single person remaining on board. A family, within a feW doors of my house, has been attacked with this dreadful malady, one cf the members of which was carried off in twenty-four hours, the -remainder sent to the infirmary, and, the door of the infected house walled up. Several other places are surround ed by a cordon of soldiers, to prevent, as much as possible, the disorder from spreading, although I much fear this will not have the de sired effect. I - leave you to judge what must be our feelhq. s rs in such a critical situation, more par ticularly after having escaped the terrible plague which raged in Tunis in the years 1785 and 1756, which was calculated to have carried off 150,000 souls, 'where I had also the plague in my own house." A friend has obligod us with the following ex tract of a letter from Gibraltar, dated Oct. 25 : [MORNING POST.] The Court of Common Council did themselves yesterday the honour and the justice of agreeing to an Address of Congratulation to his Majesty upon his return from the Continent, in a manner differing very widely from the character of some of their late proceedings. •We are disposed, however, to view this as an act of redemp tion, and not to detract from its value by look ing again at the measure of past follies or mis conduct. There is only one circumstance to which we will call the attention of the Members of this Court. It was declared by almost all the. Gentle men who delivered their sentiments upon the occasion, and the position was tacitly assented to by those who did not, that the personal acts and character of the Monarch ought never to be mingled with the public measures of the Govern ment; and that those who attempted to, effect such a connection, were guilty of no less an en ormity than that of violating a sacred principle of he Constitution I Now, Gentlemen of the Corn- Council, we call upon you to look back he Press of this Metropolis, only within recent period of your Sovereign's absence return, and tell us whether or not the most indecent personal attacks and slanders have not been lavished upon his character ? And this by a faction professing hostility to nothing but the measures of the existing Ministers, and pre tending every thing that reverence for the Throne and the Altar can imply. We call upon you to act upon the principles which you have now avowed and sanctioned, and you must scout these convicted violators of a Constitution, whose infringement should always excite your jealousy, and whose perfection should ever command your pride. The unanimity which marked yesterday's proceedings constitutes their real worth. One mise rable attempt at disunion served only to increase the value of that unanimity. Au obscure indi vidual ventured upon a suggestion which was.re ceived in such a manner by the whole Court, that was too much ashamed even to hold up his 111 Oil hand in its support. It will be seen by our Court news that his Majesty has graciously appointed this day to receive the Address of the Court of Aldermen and that of the Common Council. " Captain Denham, who served with the Duke of Wellington's army in the Peninsula and at Water loo, arrived here on the 00th, in the Walsingliam packet, on his way to Tripoli, where he will take charge of an Expedition, which has been some time in agitation, for exploring the Interior of Africa : he will be accompanied by a Dr. Oudeny and Lieut. Clapperton, of the Navy; the former, a Member of the University of Edinburgh-, and a skilful and intelligent Naturalist, will find a wide and interesting field for the exercise of his talents by a residence at Bornou, where he will remain as Vice Consul, and by that means a point d'appui will be established nearly 1,000 miles from Tripoli, where the Expedition may rest during their subsequent operations, to the eastward and southward of that place. A Naval carpenter, .from the Dock-yard at Malta, wilt also accompany these G entlemen in their interesting and hazardous undertaking. Captain Denham will have the local rank of Major on the Continent of Africa."—(lbid.) [THE TIMES.] A sentence was yesterday passed upon Mary Ann Carlile. No impudence, in our opinion, can exceed the impudence of this infatuated family. The question is not, whether the efforts of such persons as these can shake the Christian faith, but whether they may not be sufficiently forcible) to seduce some from the belief of Gos pel truths; and a Christian Government has a right to protect the meanest of its subjects against such a calamity, the greatest that can befall mortal man, in a world where every other hope fails him, where every other pos session fades away. With respect to the general feeling of those whom the Carliles seek to convert, the wretched creatures are not con demned by the decision of a single Judge, or the practices of an Inquisition,—their country con demns them ; Jury after Jury finds them guilty, and listens with abhorrence to their profane ribaldry; and if this is a proof that their doc trines gain no ground, it is also evidence of the extremes insolence of those who continue so per [NEW TI M Es.] Letters from Odessa to the 19th ult. were re ceiwed in town yesterday morning. They are destitute of all intelligence of a political nature s and from their continued silence respecting. the appointment of an Ambassador to succeed " 'Lord Strangford at Constantinople, there is reason to apprehend that the report which stated that such an event had taken place was at least premature, if not altogether erroneous. No fears, however, appear to be entertained at Odessa of a rupture between the two Powers : and the prevalent opinion in the City is certainly in favour of a continuance of peace. More at tention seems to have been directed on 'Change to the probability of Mr. Canning's resuming a seat in the Cabinet, than to that of the Russian Army's crossing the Pruth. We cannot pretend to surmise what may be the inclination of the Right Hon. Gentleman or of his late Colleagues in this respect; but sure we are that his great talents and commanding oratory would render him an accession to any Administration, while his truly constitutional principles, render it ut terly impossible that lie should coalesce with any of the miserable factions of the present disjointed and incoherent Opposition. Consols for account left off at 781. They have for some time past remained very steady, notwithstanding the stre nuous attempts to depress them. In all pro bability they would have risen higher, had it not been for the Danish Loan so unexpect edly brought into the market. There seems to be a sort of passion at the present moment for foreign stock of all descriptions; otherwise it would not be easy to account for the demand which this Danish Loan has obtained. Its amount is a million and a half immediately, with the op tion on the part of the Danish Government to take the like sum hereafter in addition. This may be,considered as an actual Loan of Three Millions : and no other reason appears for nego tiating it than the absolute - poverty and distress of Denmark. Under such circumstances some people may be of opinion, that the fee-simple of the Danish Crown is worth very little more than the sum in question. tenaciously to offer them : yet was that last Poor girl induced to swear, in her motion for a new trial, that she believes the Jury would have found her innocent, if she bad not been interrupted in her defence! ! God protect us and ours from doctrines of which these are the fruits. When one thinks of what the female sex is, in other circumstances and under a happier fate ; when one reflects on its delicacy, modesty, meekness; and further considers that, to the early lessons of maternal piety the world owes more than half its vir tue, one could hardly conceive that the heart of a woman could be so perverted by the wicked ness of her principles. But if the Carliles have long excited the general disgust of the coun try, it is on that account the more to be desired that no other feeling should mingle itself with that to which they are justly subjected. Mary Ann Carlile stood before the Court a pauper as well as a criminal ; and if upon such a person the imposition of a fine of five hundred pounds should appear to be nothing less than a sentence of per petual imprisonment, is there no danger that an undue degree of compassion for the sufferer may dull the edge of public abhorrence for the sinner ? Five hundred pounds is a heavy fine ! Abstract edly considered, it may not be more than the crime deserves ; but its effects upon the public mind should he duly considered—upon that mind which is so prone to compassion, and which has hitherto been in so proper a state with regard to the family of the Carliles, the Davisons, and some few others of that cast. EARTIIQUAKE.—LEIPSIC, Nov. 2.—On the 28th ult., at nine in the evening, a severe shock of an earthquake was felt in this town and neigh bourhood. The furniture in the. houses was dis placed ; the dogs were terrifiedy and barked and howled in the most dismal manner. A noise was heard like thunder, or the rumbling of many carriages. Persons seated were throws► from their positions. Its motion appeared to be from .south to north. [BRITISH PRESS.] Professor LEE is preparing, in Persian and Hopes were entertained that the energy and F.nglih, the whole Controversy of Mr. MARTYN _ • activity of the magistrates and gentlemen of the with te learned of Persia, as a Manual for Mis neigbouring counties would have been able to sionaries, to establish the truth of the Scriptures protect them from the spirit of anarchy and art. against Mahometanism. CONSISTORY coura. SMITH, FALSLEY CALLING IfErtsrfs 114,":,7\i , V • - im The following elaborate and able jllogm en t on a most portant subject was the last delivered by Lord ST OW - E. L L in the Consistmy Court: circumstances have hitherto prevented our giving an accurate report of it : This is a suit brought by Walter Reding, Esq., against Jewitna Claaidia Smith, for the .purpose of praying this Court to pronounce_ null and void his marriage had with that Lady under the following•circumstanees She was born at Fort St. George, in the East Indies, on the 2-lth day of December, 1777. his birth took place at Kineton, in the County of Warwick, on the 13th day of May, 1775. In Sept., 1796, she was at the Cape of Good Hope. The Cape had surrendered a year before : for what-. purpose she, came thither, or how long silt: meantto remain, -d oe s not appear ; and at•the same time Mr. Hurling came thither also, in his way to the East Indies, being at that period a Captain in the 12th Re giment of Foot. On the old of October, 1796, they were married by the Chaplain of the British Garrison, under the au thority of a license granted by General Craig, the Commandeea in-Chief of the British forces in that country. When the mar riage was performed he had attained his majority, but the Lady was under the age of 19. The consent of parents or guardians, required by the Dutch law then generally preVailing' at-the Cape, was not. obtained. as regarded either of the contracting parties. Her father had died some years before, and her inoth,r, had marrieda second husband. NOT had any appointment of guardians'taken place. It is contended by the husband, that by the Dutch law at that time in force at the Cape, this marriage. was null and void, and on that .0 -Tound he seeks the aid of this Court to pronounce a sentence declaratory of its nullity. The case of facts which I have. stated, and the Dutch law under which, if applied to these. facts, the marriage list.° be invalidated, are pleaded in the libel, and I think there is little doubt that the Dutch law is fairly represented, and would so proved if the libel was admitted : as little doubt is there that the facts of the case would be established by clear proof ; but the real question- is, whether the Dutch law so pleaded ought to govern entirely this case of fact ; for if it ought not, the libel, which rests the case upon it, ought not to be admitted. In order to maintain that the Dutch law ought to govern the case, they plead first, a stipulation in the capitulation under which the Dutch colony was surren dered to the British arms. That stipulation covenants that the inhabitants shall preserve the prerogatives which they enjoy at present. The meaning of this article, be it what it may, for the term used of prerogatives is sufficiently indefinite and obscure), can never be extended to the British conquerors " ex vi tenni norum." They are the grantors, not the grantees ; they were not in the enjoyment of any prerogatives whatever under the Dutch law. They had nothing under it which they could wish to preserve. It is impossible that' the Dutch could intend to stipulate for them. It has therefore, I think, been nearly ad mitted, that as to the British conquerors, this article has no in whigible application ; consequently', if the Dutch law binds them, it must be some other obligation, by which, independent of this article of capitulation, th Dutch law imposes itselftip-• on them. In order to bring it a little nearer, after pleading in the following articles what the Dutch law of marriage is, they plead that that law hinds all persons whatever within the co lony, foreigners as well as natives, for that their laws say so, and that their learned lawyers will support that doctrine, and that their Courts will enforce it. Now, it that be true, that the law binds the British conqueror immediately upon the capitulation, there being no express covenant to that effect, it must be either from some known rule of the law of nations, which subjects the conqueror to the laws of the conquered, or from some peculiar principle of the law of a llogland, which imposes such an gation upon the British conquerors of the possessions of the enemy. Dutch authority cannot impose it, for it had ceased, and a Dutch Court taking upon itself to force this law upon British parties only, and in transactions purely British, might be thought to put forward no veiy just or mooerate pretension. I am not aware that any such principle or practice exists in the general law of nations. It sometimes happens that the con quered are left in possession of their own laws. More frequent- • ly the laws of. the conquerors are imposed upon them, and sometimes the conquerors, if they settle in the country, are con tent to adopt for their own use such part of the laws prevailing before the conquest, as they may find it convenient, under the change of authority, to retain. I presume that there is no legal difference between a conquered country and a con quered colony in this respect, as far as general law is con cerned; and I am yet to seek for any principle derivable from that law which bows the conquerors of a country to the legal institutions of the conquered. Such a principle may be at tended with most severe inconvenience in its operation. The laws may be harsh and oppressive in the extreme—may con tain institutions abhorrent to all the feelings and opinions and habits of the conquerors; at any rate, can be but im perfectly understood, and that they should all of them instan taneously attach, and continue obligatory upon them, till their own Government had time to learn them, and select and cor rect them, is a proposition which I think a professor of general law would be inclined to consider cautiously, before he unre servedly admitted it. But it is argued to be the doctrine of the law of England : if so, it is not the less hard, as the municipal code of our country is generally admitted to be more liberal and more indulgent than the same codes of most other countries. It would be a most bitter fruit of the victories of its subjects, if they were bound to adopt the jealous and oppressive systems of all the countries which they subdued, and to groan under all the tyranny, civil and ecclesiastical, of those systems, till their own Governmant,occupied by the pressure of existing hostilities, had time to look about it, to collect information, and to pre scribe rules of conduct more congenial to their original habits.— To learn what the laws of a country are, is not the work of a day, even in pacific times.; and to construct a code, fit for such a new and mixed situation of persons and things, demands, not 'without reason, a very serious tempus deliberandi, and conque rors are certainly not the last men who are entitled to the pro tection of their country under new grievances. lam perfectly aware that the law is laid down in the authorities referred to— " Calvin's case, 7th Reports," and Hall and Campbell, Cow per, page 208," that the laws of a conquered country remain till altered by the new authority. I have to observe, first, that the word " remain" has, ex vi termini, a reference to its obliga tion upon those in whose usage it already existed, and not to those who are entire strangers to it, in the whole of their pre ceding intercourse with each other. Even with respect to the ancient inhabitants, no small portion of the ancient law is un avoidably superseded by the revolution of Government that has taken place. The allegiance of the subjects and all the law that relates to it, the administration of the law in the sovereign ap pellate jurisdiction, and all the laws connected with the exercise of the sovereign authority, must undergo alterations adapted to the change. This very libel furnishes instances of this sort.— In the third article it is stated, that dispensations from the publication of bans must be had from the authority of the States of Holland. That, I must presume, could not be continued during the existence of the war and the extinc tion of the sovereignty of that nation. But secondly, though the old laws are to remain, it is surely a sufficient application of such terms " that they shall remain in force,"if they continue to govern (so far as they do continue) the transactions of the ancient settlers with each other and with the new colliers. That they shall intrude into all the separate transactions of these British inhabitants, is to give them a validity which they would other wise want in all cases whatever. It is certainly true, that in Hall and Campbell, that most eminent Judge, Lord Mansfield, a person never to be named but with accompanying expressions of reverence, has laid down the following proposition :—" That the law and Legislative Government of every dominion equally affects all persons and all property within the limits thereof, and is the rule of decision for all questions which arise there.— Whoever purchases, lives, or sues there, puts himself under the law of the place. An Englishman in Ireland, Minorca, the Isle of Man, or the Plantations, has no privileges distinct from the natives." Huber, too, speaking upon general principles, had before promulgated the same doctrine, L. 1., T. 3. " Pro sub jectis unperio habendi sunt omnes qui intra terminos ejusdent reperiuntur sive in perpetuum sive ad tempus ibi coninioran tur. But to such a proposition, expressed in very general terms, only general truth can be ascribed, for it is undoubtedly subject to exceptions. It is not to he said that Ambassadors and public Ministers are subject to the whole body of the mu nicipal law of the country where they reside. Take•the case of a conquering force stationed in a conquered country or colony • (for there is no difference) for the very purpose of enforcing „the reluctant obedience of the natives, and composing for the present a distinct and immiscible body, surely it can never be laid down that the success of their arms left them at the feet of the civil jurisdiction of the country without any exception._ The - occasion in that case must modify the law by which such a body i s to be governed. No general rule can be safely ex pressed or applied under such circumstances. Much of the order of society in such a case must depend upon a discreet ap plication of general principles to local institutions,, but that the whole mass of laws formed for another state of things, and for a status personarurn widely different, is t o b e forc ed 'instantly upon these foreigners in their own se p ar a t e trans at icotnio trans actions, t without o b u e maintained.—lnter lonrlirflaritnaltaionsi is a proposi tion loges, and it is not a compelled surrender that can in a short time aiensrv._e ter effect the establishment of a comp lete uniformit y between the two parties. The state of this colony_ at the tim e of the transac tion is to be considered: this m arria g e took p l ace at no great distance of time from the compelled surrender. This case has no resemblance to the case of Ireland, the Isle of Man, the Plantations, or even Nlinorca, where recognized civil govern ments had been established, and a permanent system introduc ed,- of which all must be supposed cognizant. The Cape was conquered, but not ceded, and it remained for. a treaty of peace to decide to whom it was .to belong. The ancient civil sove zeignty was suspended,' and n o other fully established in its place. The character of the ,no is likewise to be con. , idered. The husband gOct there, not as a Volunteer or a set tler by intention of his own, but in the character of a British soldier, in The preseeatian of a voya7 directed by British an dimity. Ile does tot put himself uoder the law of the •place. Ile goes there neither to purchase,. sue. nor live. What the legal case of personS engaging in such concerns would be I am not called upon to iotnore. much less urn I dispas at to deter mine. Thu patty pri:icipal is a military servant of the British Government sent upon a public errand elsewhere, and rot in itmere upon any movement of his own. Whatever a Dutch Court might determine upon the general case of a foreigner or traveller, however just in such a case, has no pertinent applica tion to the present. In the following article it is alleged that such a marriage would be declared by Dutch tribunals and Dutch jurists. as not only null and void in Holland and the Col., onies, but likewise in this kingdom and in every other country. —I should presume that this is a claim of universal jurisdiction which Dutch jurists anti Dutch tribunals would not make for themselves—to decide for Great Britain upon the marriages of British subjects. They are certainlythe best and only authority upon the question whether the marriage is conformable to the Dutch laW, and they can decide. that question definitive ly for themselves and for other countries. But questions of wider ,extent lie beyond this—whether the marriage be not good in England, although not conformable to the Dutch law, and whether there are not principles leading to such a conclusion. Of this question and of these principles they are not the authorized jutigo; for this question and those psinciples belong rather to the law of England, of which they are not authorized expositors at all, or to the jus gentium upon which the Courts of this country may be supposed as competent as themselves, and certainly in the cases of aritish subjects much more appropriate judo:at.— It is Irtie,O indeed, that English decisions have established the rule, find a foreign marriage, valid according to the law of the place Where celebrated, is good every where else. But they have not e converse established that marriages of British subjects not good according to the law of the place where cele brated, are universally, and under all possible circumstances, to be regarded as invalid in England. Where marriages con formably to the marriage laws of other countries cannot be had on account of legal or religious difficulties that are insuperable , such marriages performed according to the rites of our own marriage hiw,"so far as they can be, are held good here, ex ne cessitate juris. Marriages in the house of the ambassador, and by his authority,have a reputation of the same kind, though not recognized, - as far as I know, by any solemn decision. It is doubtless to be recommended, as the safest course, to marry to abroad according to the law of the country ; but if that cannot. be, this country does not go the length of saying that they shall not marry at all. There is a jus gentium upon this matter, which inclines to support honest marriages, where an exact conformity to the ins civile of the country in which it was cele brated could not he pursued. Before the marriage act which first noticed the marriages of Jews, it certainly was no doctrine Of the matrimonial lair of England, that all the married persons of that nation, living in this country, were living in a state of concubinage, and all their children in a state of bastardy. The libel here states a case of marriage, as nearly entitled to the pri vileges of necessity as 'can be. The husband was a person en titled by the laws of Isis own country to marry without consent of parents or guardians, being of the age of 21; but by the Dutch law he could not marry withottt'such consent till lie is thirty years of age. Now Ido not mean to say that Huber is cor rect in laying down as universally true, . 44* personales qualitates alicui in certo loco jure impressas, übictue circumferri et per son= comitari"—that being of age.in his own country, a man is of age in every other country, be their law of majority what it may ; yet it is not to be laid out of the case, that the Dutch law would impose in this respect a very unfavourable disability , upon the British subject, and it was one which, in the situa tion of this individual, it was e e xtremely difficult, indeed almost impossible, for him to remove s his father lived in England, and he was pursuing his prescribed course.to the East Indies, for the military service. She was a little younger, but her father had died in the East Indies, and her mother married again, and no guardian appointed. It would puzzle the per son most versed in that most difficult chapter of general law, the conflictus legum, to say how a marriage could be effected in a manner satisfactory to the Du tch requisitions. Under such difficul ties, as regarded the Dutch law, the marriage naturally enough was not solemniZed with any, reference to that law, but under a formal license from the British Government, and by the ad ministration of an English clergyman, chaplain of the English garrison. The. Crown, it is admitted, has the power of altering all the laws of a conquered country. This is an act passing under the authority of the representative of the British crown, and between British subjects only, in which Dutch subjects have no interest whatever. It is to be presumed that the repre sentative was not acting without the knowledge and permission of his government, if that permission was absolutely necessary to legalize that act. It was not so in my opinion, unless the Dutch law involved such persons in its obligations ; for, other wise, no Dutch law was invaded by the act, though the sanction of the government might be requisite for the mere purposes of order and notoriety. It is therefore under all these circum stances I am. called upon to dissolve a marriage of 25 years' standing, upon a ground of nullity which existed in its forma tion, though the vinculum has remained untouched by either party during the whole time. I know that, in strict legal con sideration, I am to examine this marriage in the same way as if it had taken place only yesterday. It is likewise not impro bable that the stability of many marriages may depend upon the fate of thiS, for doubtless many have taken place in g way very similar. But I know that I must determine it upon prin ciples, and not upon consequences. Authority of former cases there is none, for the decision in Middleton and Jamison tarried upon a ground of impeachment, that was directly the reverse of what is attempted in the present case ; for the ground there was, thatit was a bad marriage under the lex loci to which it had resorted : the ground here is that it did not resort at all to the lex loci. In my opinion this marriage (for I desire to be understood as not extending my observations beyond it,—l ab stain cautiously from general positions), rests upon solid found ations—on the distinct British character of the parties ;on their independence of the Dutch law and all. their internal ttansa.c tions, of the insuperable difficulties of obtaining any marriage conformably to the Dutchlaw ; on the countenance given by British authority, and British ministration to this Elitists tran saction ; upon the whole country being under British dominton ; and upon the other grounds to which I have adverted. And I therefore dismiss this libel as' insufficient, if proved, for the con clusion it prays. Saturday, at Aylesbury, there were upwards of 110 loads of wheat in the market, of which only 10 were sold.---(Bath Chronicle.) ACCIDENT AT ST. PAUL'S CATIIEDR.IL•—Ano her melancholy accident took place yesterday if St. Paul's Cathedral. A journeyman painter, employed in beautifying the interior, accidentally fell from a height of fifty feet. When taken up he was quite dead,Lis skull being fractured, and his body dreadfully shattered. He is said to be a single man, and in the employ of a painter in the City-road. SHOCKING ACCIDENT.—As the collier brig John and Mary, of Newcastle, was dropping up the River on Monday last, a seaman named THOMAS M +sox fell from under the fore-top across the fore bitt, and sustained severe con tusions of the shoulder and spine, and a concus sion of the brain ; he was conveyed on board the Grampus Seaman's Hospital Ship in a dreadful condition, where by immediate attention and medical advice, hopes are entertained for his re covery. This institution is a new one, and cal culated to afford important benefits to the ship ping interests in general, more especially as an apparatus for resuscitation is at all times ready in cases of accident. MYSTERIOUS DEATITS.-013 Friday last an In quest was held at the Jolly Sailors' public-house, at the Scalp, on the bodies of William Itick , ,on, ' a bachelor, and John Turnbull, a married man, seamen, belonging to the Supply of Sunder. land, Capt. Hopkirk. It appeared in evidence, that the two unfortunate men had been to the house stated above, for two casks of fresh water, and were on their return in the boat to the ship about eight or nine o'clock at night. As each of the unfortunate men had received a bruise under one eye, it is much feared that a quarrel had ensued between them, and that they had closed in the scuffle and rolled overboard. This opinion was corroborated by the situation in which the boat was found next morning, near the bodies, with the oars and casks in their proper places. Verdict—" Found Drowned."—(Boston Gazette.) POLICE INTELLIGENCE. QUESTION AS TO THE LIABILITY OF THE INN'S OF LAW TO PAY POOR'S RATES. GUILDHALL,-Yesterday the bail Ileariag of the question as to the liability of the - Inns of Law to • pay Pours' Rates, which came on before the Sitting Magistrates, Alderman Co' anti C. 6311TH, on Thursday last, when Mr. Dobson, the Solicitor for the parish of st. Andrew, Holborn, applied for a warrant of distress against I`,lr. A. Fraser, of Thayies Inn, winch application he cliiefly grounded upon a decision made by the Magistrates at the Miah:sex Sessions, that a pauper who had been in the service of Mr. Fraser had acquired a settlement by such service, and that the parish was bound to afford her raid*. Therefore, as the parish were liable to be burthened with the poor of tile Inn, it was contended that the inhabitants of the Inn ought and were liable to contribute in common to w the support or relief of the poor of the parish. Mr. DYKEs attended yesterday, with several other profes. sional gentlemen, on behalf of. the inhabitants of the Inn gene rally. 31r. DonsoN conducted the case for the parish. Mr. Gilbert, the Collector of the Rates for the parish, was; called to prove the rate, and the anidication to Mr. Fraser for . the payment. The Inn was bounded by the City part of the parish of St. Andrew, Holborn. There were several pews cut out in the Church for the inhabitants of the Inn. On his cross... examination he stated that the rate now put in, which was made on all the inhabitants of the Inn last year, was the first rate which had been so made, and this was the first time that any . attempt had been made to collect it. Ile remembered that it had been the practice to rate one house in the Inn every year for the last twenty years past, but the rate was never claimed. This formality had been done for the purpose ofestablishing the claim for poors'-rates, should any - of the poor of the Inn ever become burdensome to the parish. The general reputation of the Inn had always been within his remembrance that it was extra parochial. In beating, or traversing the boundaries of the parish, it had never been customary to enter the Inn. Jacob Frewin, tile parish beadle, was examined to the same effect. Mr. Driers, in reply to the case adduced, said he should , confine his defence to tile reputation of the Inn, which had been proved sufficiently for him by the two witnesses called on . behalf of the parish. That the reputation of the Inn; ashaving been hitherto considered' extra-parocbial, and free from all claim, would be a sufficient answer; hebad the high authority of Judge -Blackstone to slice , : lie then read an extract from the first . volume of the Commentaries, speaking on the origin and inter...- mixture of parishes, and of lands which were never, the un searchable reasons, united to any parish. Be cited a case de-. cided by Lord Nlansfichl, upon a claim of this kind, where it was held that, as the place always had been so, it always should be considered extra parochial. He was prepared with other au. thorities ; but e'ir. Dobson had not shewn any thing that would not as well 'bring Smithfield or St. Sepulchre's Within the parish as Thavies Inn. The pauper in question, he contended, ought to have been passed to the place cf her settlement before her re sidence at Thavies Inn, where she could acquire no legal settle ment in the parish of St. Andrew's, notwithstanding that such a decision had been obtained. The inn had hitherto brought no burthens upon the parish : the inhabitants paid for the lightina's watching, and paving themselves. In conclusion, he said, he was prepared to have met the claim with a much stronger case, and to have called witnesses in reply, but he would be quite con tent to depend solely on the proof of the ancient reputAtion.of the Inn as extra-parochial for the Magistrate's decision. The Magistrates retired with the City Solicitor, and after having deliberated for a considerable time, they returned into , Court, and stated that, after having discussed the case upon what had been stated, and the evidence that had been stated % they entertained considerable doubts whether the inhabitants of Thavies Inn were liable to be rated ; and, therefore, under aIL circumstances, they declined granting the warrant of distresx - prayed for. -It is understood that it is the intention of the parish to move for a mandamus in the Court of King's-Bench, to compel tha Magistrates to issue the warrant. The defendants were prepared to prove the high antiquity of the Inn, and that it was extra parochial as far back as the reign of Edward the Third. It took its name from John Thavie or Davy, who directed that his estates, and " his house in whieb. students of the law were accustomed to dwell," should be seLl in.order to maintain a Chaplain, who was to pray far his soul. and that of his spouse. In process of time these premises came to Gregory Nichols, a citizen and mercer of London, who, by his deed, bearing date January Ith, in the , Ith year of Edward ' the Sixth, srranted it to the then Benchers of Lincoln's Inn far the use of the students at law. It was- afterwards demised bY ' them to the principal and fellows of this Inn. "It has since, • says Ireland, " enjoyed privileges similar to those enjoyed br the Society of Furnival's Inn. Thavies, the founder, lett .6 considerable estate in support of St. Andrew's Church, and f which has become since highly valuable." MARLBOROUGH-STREET.—A DOCTOR'S FEE.—Yester .- day Dr. Gregory, of Great Portland-street, came . to this ofliccr and stated to Mr. CONANT, the sitting Magistrate, that *- young , man, having the appearance of a gentleman, had Just cal" led at his house to consult him upon an indisposition under which he said he laboured. The person, after receiving the doctor's . adVice anti prescription, tendered a 101. note to pay the tee, and- required change. The doctor having lately heard that s: , -• veral medical gentlemen were defrauded, by pretended patients palming upon them forged notes, and.. succeeded in 'carro,- Mg off the change, replied. to this patient,. that lie had not c.t;h enough in the house to give him the change; the man imni 2- diately said, that then he must call to-morrow with the amount- Observing the person move front the door with great rapidity Dr. Gregory said, he suspected he was one of the group who went about for the purpose of passing forged notes, and he felC it his duty to conmmnicate his suspicion to the Magistrate , The Magistrate said, he knew well -there were such character 4 afloat, and recommended the doctor to be on the look-out for - his PATIENT. • Bow-STREETSAILAII GALE was charged with keeping disorderly house in W ych-street, to the great annoyance c r t the neighbourhood. She gave bail to appear at the Sessions, and- ' answer an indictment at the suit of the parish of St. Clement • Danes- New and ingenious Mode of Robbery.---A feW days since, a man, with the exterior of a gentle man, called on a lady in Charterhouse-street, and after introducing himself as one who wished to be accommodated with lodgings, was shewa over the house, and agreed to the terms : but before this, in the course of conversation, he as certained the name of a Mr. C., one of the lodg ers, which appears to have been his real motive for calling. Soon after his departure, he sent note in Mr. C.'s name, requesting that his best coat might be sent to him in a handkerchief im mediately. The good lady, suspecting nothing wrong, complied with the request, and Mr. C- - remains a coat and handkerchief minus. A cat belonging to Mr. On t, of Trowbridge, was lately missing, and, after a lapse of Hine days, was discovered in an unoccupied room, hanging by the neck from a hole in the ceiling/ through which it had pushed its head, probabli iu pursuit of prey. The creature was carefully extricated from its perilous situation, and is likety to recover. BIRTHS. On. Tuesday, the 13th inst., at Cheltenham, the Lady 01 C. G. Wynne, Esq.,_ of daughter. On Tuesday, at Upper Belgrave-place, the Lady of John Byng Gattie, Esq., of a son. MARRIED. Yesterday, at Broxbourn, Herts, Henry Bo'dem, Esq• of lienrictta-street, Cavendisli-square, to Margaret, eldest ( laugh' ter of the late William Christie, Esq. of Hoddestion, in the same County. On the 14th instant, by special licence, at Felbridge Parka Sussex, by the Rev. Henry P arsons, General the H on ourabl e _ Frederick St. John, to Caroline Elizabeth Parsons, young,' daughter of the late J. Parsons, Esq. Yesterday, at St. George's, Hanover-square,.John WOO Thomas, of N ew Bond -street, to M ary Elizabeth, eldest daugh tg:, of William Veins, Esq. of Clapham. PIED. Yesterday morning, at his house in Bolton-street, Job Smith, Esq., in the 73d year of his age. On the 9th inst., at Ayr, North Britain, Robert Roberts ol3 '. sen., Esq., writer. On Monday, the 12th inst., after a long and painful illtte6-4' in her 52d year, Susannah, the wife of Mr. Edward Kent, gigi, . , street, Borough. On WettnesdaA the 14th instant, Mr. Joseph Williams, of On ..,,nesday, Hackney. aged 63. At Chertsey, on Sunday last, aged 17, William, the young est son of Robert Berney, EA. Printed and Pubhilted, for the Pnoprtivrons, at the SO . OFFICE, 112, Strand, by J. 13. CA113'1%13413.