The Sun. — London, England, 1821-11-10 00:00:00

THE LONDON JOURNALS. DAILY EXTRACTS FROM THE MORNING PAPERS, November 10. IMOUNING CHRONICLE.] If his Majesty has been insulted in his pro gress through Belgium, as one of the reports more than once alleges, the circumstance would, we are certain, give as much pain to the Whigs as to the most servile of the Tories. We should, however, feel more inclined to credit such a charge, if it did not contain an accusation against the Duke of Cumberland, and draw cer tain inferences of rather a startling Lature. 64 The moon," says the writer, in describing the passage from Deal to Bamsgate, 44 shed her mild light upon the azure deep, and discovered to the eye of the contemplative beholder a scene always interesting, but peculiarly so at a moment when one of the greatest Potentates of the earth assum ed a prominent character in it." We would fain hope that a warm imagination, filled with the higheSt ideas of the magnitude of the Potentate whom he was beholding, led the writer to expect too much from the Belgians, who are phlegmatic, but whom we do not believe to be worthless. The following is the statement to which we al lude :—"Yesterday his Majesty left Cologne, at an early hour, and at four o'clock arrived at Battice, a small place, about 15 English miles hence. I happened to be there at the time, and there is no true Endishman living who would not have felt the same indignation against the House of Orange that I did, at seeing the total want cf respect and attention which was "betrayed to wards our Sovereign—the Sovereign of the most enlightened people and the most extensive ter ritory hi the world. AVM it be believed that in the country of a Potentate who owes us more than he can ever repay—who owes us all and every thing, his Majesty's carriage was dragged along by eight wretched hacks, driven by eight ragged peasants, whose squalid appearance was enough to excite the disgust of all who beheld them ? But this was not all; for the jaded animals, that had already gone to the full extent of their , might, were obliged to proceed all the way to this town, no horses being in readiness to relieve them. The Duke of Cumberland, forgetting that his illustrious Brother was also his Sovereign, sent foriiard some of his whiskered minions by the horses that had been ordered for the Royal suite, al d his 'Majesty's progress was delayed in consequence, as well as by a trifling accident which occurred to the carriage, from one of the springs having given way. It was eight o'clock before his Majesty arrived here, and opposite the hotel there were no demonstrations whatever of proper attention on the part of the Autho rities. There was no band—no guard of ho nour—no deputation, either civil or military ; in short, the King of England was treated as if he were only one of the plain bourgeois. From this presumptuous indifference on the part of the Belgian Government we must infer, either that the individual who wields the sceptre is the most ungrateful man in the universe, or that he acts under the direct influence of the Emperor of Russia." [NEW TIMES.] The Morning Chronicle has given vent to its 'exation at the King's reception on the Conti nent; in a vapid and impotent attempt at some thing like an attack on the copious and accurate accounts of his Majesty's journey which we have laid before the public. But' perhaps the writer was not prompted by mere rancour. He hoped, perhaps, that his own total neglect of informa tion, which the public had a right to expect from every respectable Journalist, might escape cen sure if he could cast a slur upon the successful exertions of others. But he nibbles in vain at the file. His motives are as palpable as his means are contemptibly . Th e w h o l e conduct of a portion of the Press, in all matters that regard his Majesty, cannot but have been offensive to all persons, even of that party who have a fair share of common sense and right feeling. Praise, or even expressions of dutiful respect, are watched with the most suspicious caution, and the most trem bling sensitiveness. On the other hand, odious insinuation and coarse personality are sent forth with unblushing front against all who venture to support the Throne by their worth and talents. Some slight excess of loyalty beyond , the exact bounds of the most rigid taste and accurate cal culation would be pardonable at any time ; but, under such excitements, it is praiseworthy. But leaving political conside . rations 'out of the ques tion, surely as a mere matter of taste the journey in foreign lands of the accomplished Monarch Of a peat people, and the homage paid to his power 'and character, are more worthy of 'attention than the exploits of some obscure and'mischievous de magogue. The Times • and Chronicle are of a different opinion. They eagerly blazon forth the latter whenever opportunity occurs, and em bellish them by every circumstance which inge nuity can invent, or industry collect—the former they deem totally unworthy of their attention. [MORNING HERALD.] The marked disrespect which the King ex perienced in the Netherlands has excited some surprise. If it were confined to the popular feel ing, the explanation would be obvious. The King of Holland is not in the best odour with his Belgian Subjects, and this feeling would naturally be vented against the Sovereign who placed him on the Throne. But the public authorities, by their niggard preparation and general demeanour, manifested the same feeling in a manner still more unequivocal than the popu lace. In our private correspondence, written from the scot, this impotent and most ungrateful piece of petty hostility is. attributed'to the in fluence exercised by the Emperor of Russia upon V the Government of the Netherlands. The King himself had prObably no share in this mean slight. But the military in the Netherlands are all devoted to the Prince, and probably in this instance acted upon what they knew to be his wishes. This is rather a near approach of Russian hostility and intrigue, and should tend to open the eyes of .those who repose so confidentially upon the Ealperor A lex- antler's magnanimity and mocieratlon. Here is a kingdom bound to England by ancient friendship and alliance, by every aptitude of geographical and commercial relations to form the strictest union of interests—the Sovereign of the one bound to the other, for hospitality in his exile, restoration to his country and elevation to a Throne—and yet the influence of Russia upon a weak Prince,piqued on the one side and dazzled on the other, threatens to sever the bond Of union between both nations. if we may trust the foreign papers, Russian Emissaries are la bouring with the same eagerness, and not without success, in a more distant point. [IRITISII PRESS.] The foreign Papers have not as yet given any confirmation to the report which prevailed in town on Saturday evening and Sunday, relative to the appointment of a new Russian Ambassador at Constantinople. They, however, seem for the most part to concur in expressing a firm belief that the peace of Europe will not be disturbed by an immediate war between Russia and the Porte. The journey of Prince Metternich to Hanover during our King's late residence there, has excited much speculation on the Conti nent, and it is universally attributed to a de sire upon the part of Austria to induce the King of Great Britain to concur in certain projects entertained by the Courts of Vienna, Berlin, and Petershurgh, upon Turkey. The movements of great personages must always, in the eye of the world, have some reference to political events ; but it certainly is very possible that Prince Metternich made his mysterious journey to Hanover as much for the purpose of complimenting the King of England on his ar rival in his continerr.al dominions, as with the in tention of strengthening the arm of Russia against her less powerful rival. [MORNING POST.] The intelligence from Vienna states, that Austria is on the best footing of amity and good understanding with Russia, and that all her efforts tend to the maintenance of peace in the East of Europe. It is admitted, how ever, that this accord is not general, and that the conditions proposed by those two Powers have been considered by our Government as requiring concessions which it would not be safe for the Divan to make, or politic for other States to allow. Our Minister at Constantinople, it is added, proposed modifications to the de mands of Russia, which were immediately re jected by the latter, who declared that she would not consent to any curtailment of the gua rantees which she had demanded, as she felt con vinced that they were necessary to the security of the Greeks. In this opinion Austria and Prus sia are said to coincide, and the mission of the Prince of Metternich to Hanover is represented as having had no other object than to persuade the King of England to adopt the same views upon this point as his Allies. If the conditions in debate are those of which an outline found its way some time since before the public, they are indeed calculated to yield protection to the Greeks, for they would reduce the Turks to a state of little more than vassalage, and would make the existence of their empire in Europe totally dependent on the mercy and forbearance of their great and dangerous neighbour. It is not astonishing, therefore, that the Divan should be inclined to reject them, or that we should support its resistance on grounds of policy, though on grounds of justice and hu manity the Porte has no claim upon our aid. The intelligence brought from Spain in the French Papers is of an afflicting nature. Fif teen hundred young men, who formed part of the National Guard, of which the cordon esta blished on the land side of Barcelona was com poseds are said to have fallen victims to the desolating scourge. In the town itself the morta lity continued, and out of the four French Phy sicians who had gone in the hope of counteracting the disease, one was already dead, two others were infected and confined to their beds with all the symptoms of the fever, and only one remained able to attend to the state of his friends and of the public. [TIfE TIMES.] We give from the Hamburgh papers a copy of the commercial regulations of Russia, applying to the settlements of that empire along the north-west coast of America, the Aleutian islands, and the east Coast of Siberia. The line of maritime and commercial dominion thus covered by the decrees . of the custom-house of St. Petersburgh, extends along the American coast full 10 degrees-of lati tude from Beer; Straits, in about 61 N. to 51 N.. in the neighbourhood of Nootka ; and on the Asiatic side, from the same straits of 113eering, above 15 degrees along the eastern coast of Kamtschatka, and down to the south cape in the island of Ourop, lat. 45 deg..sl min., -not very far north of the empire of Japan. The regula tion spoken of is nothing less than a prohi bition to all foreign nations to commence the whale or other fishery, or any other branch of trade or industry, on any part of the afore said coasts or islands, or to approach any one of the Russian settlements within a. less dis tance than 100 Italian miles, under 'the penalty of losing the cargo. There is an exception in favour of ships- driven in by stress of weather, and of ships sent out on voyages of discovery, hein?. previously provided with - passports from the Russian Minister of Marine.—The alleged ground of this general restriction is to prevent the further continuance of those mischie vous consequences which . , it is said, have been felt by the above Russian settlements from the prevalence of - a contraband traffic. — To the prevention of such a traffic none can fairly object : yet it is rare, if not unprecedented, that any Power should assert so • broad a dominion over the sea itself, for the mere purpose of pro viding a check against smugglers, is is here laid claim to brthe Russian Government. That the sea near the coast is capable of being'tnde pro perty by the Sovereign who is proprietor Of the do.gt itself, all • writers and all Governments Are agreed ; but it - does not appear us quite cees taia whether Russia has - not, in the invseilt stance, extendea the right 'to a point which May l admit of disputation. An hundred miles of open ocean is a too liberal breadth of Admiralty juris diction, and interferes with that " right to navi " gate and fish in the open sea which is common " to all men ;" the " exclusion from which " is a national injury to every people against " whom it may be enforced." We hear of Venice having claimed the sovereignty of the Adriatic, and England, to certain intents and purposes, that of the close seas which surround her ; but not so as to exclude the right of navi gating within 100 miles of her coast. Here, moreover, is a claim, not to mere dominion, but to absolute property in the particularized space lof ocean—a claim which is of a much higher nature than the former one. Russia may un doubtedly acquire such a right by treaty with an individual power, as against its ships and subjects; but in the meantime it would be satisfactory if she were to state the principles on which she assumes it, antecedently to any formal compact—before she proceeds to confiscate the property of friendly nations who-have not prohibited Russian subjects from navigating within a tenth part of the dis- I tance of any of their possessions. It is curious that the promulgation of an act of such mag nificent sovereignty shOuld be to half the world almost their first acqaintance with the nature of the views entertained by Russia, and with the value she attaches to her commercial inte rests in a quarter of the globe of which she derives her most accurate (though not her earliest) knowledge, from the , spirit and ability of British seamen. While Russia is thus advanc ing- her maritime pretensions in a remote corner of the world, she discovers no want of diligent observation in what regards the commerce of a more interesting portion of its inhabitants. The Petersburgh Gazette contains an article on the carrying trade of the Mediterranean, and the successful and growing activity of the Greek navigators, which does not appear to have slipped by accident into that official paper. "In spite," it is said, " of all the restrictions established at " Malta, and in the lonian Isles, to the preju " dice of their flag, the Greeks are almost ex " elusively the carriers to the ports of Turkey, " Barbary, and the Black Sea." When the " Gazette writer proceeds to assert, that it is in the ports of " the Christian States" that the Greek nation " has learned to appreciate li " berty," some difficulty may arise in fixin g on those ports which have been her best schools of exhortation and instruction. There is a tone of patronage about the article, which will not escape the attention of observant politicians. LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 9. IX THE MATTER OF HOWARD AND GIBBS, BANKRUPTS. Mr. HART called the attention of his Lordship to the petition in this case, for the removal of the Assignees. His Lordship might recollect that he had directed the petition to be heard be fore his Honour the Vice-Chancellor, who had appointed this day for that purpose. Since the case was last mentioned in Court, the petitioners had filed several new affidavits, which his clients, the creditors who had succeeded in choosing the assig nees, had not bad time to answer. Under these circumstances, therefore, it was his Intention to ask his Honour the Vice- Chancellor to allow the hearing of the petition to be postponed to some future day. But his chief object in addressing his Lord Ship on the present occasion, was to obtain his permission to make an application to the Vice-Chancellor that his Honour would permit the commission to be worked until the question on the petition should be decided. If this were not allowed, the effect upon the estate of the bankrupts would he highly . inju rious ; and if, on the other hand, , it were allowed, no mischief could arise froin it, as the Assignees would make over their ac counts to their successors. The Loan CHANCELLOR said that Mr. Hart was at li berty to make What application lie pleased to the Vice-Chan cellor. ODDIE V. THE BISHOP OF NORWICH. This anise has occupied - the attention of the Court at diffe rent intervals for several years. The question at issue is the construction of a will. The testator, Mr. Thelluson, by his will, directed that his estate, which was considerable, should, after his death, accumulate for a certain number 'of years, when it should revert to the nearest " lineal male descendant" of his three sons living at the time he framed his testament; and in default of any such lineal male descendants; that it should devolve to the Crown. The property of the testiir has accumulated to an astonishing extent ; and the point to be de cided is—whether ,the .words " lineal male descendants" are used to designate descendants in a direct line from males, or descendants through females. It appears that there are no de scendants of the former description, and the aintiir Oddie claims to be considered as the nearest descendant . through a female. His Lordship took a review of - the facts of the case. and stated that he felt it extremely difficult to decide upon the construction that was to be put upOn the words " lineal male descendants." Ile said that it was his intention to send the Case to the House of Lords for ultimate - decision; but added, that he would again allude to it to-morrow. •• VICE-CHANCELLOR'S COURT, Nov. 9. HOWARD AND G}DDS'S DANKRIA'TCY. This case having been specially ordered to stand for hearing at three o'clock, the Court at that time was crowded to excess. A very long discussion ensued, as to whether the petition should uow be gone on with, in consequence of the lateness of the time at which some affidavits had been filed; and also in consequence of a Mr. Pearce not appearing, whose debt had been disputed, and which disputation, if carried, would turn the balance for the choice of assignees against the gentlemen now chosen to hill that office. It was, however, stopped by the suggestion of the Vice-Chancellor, that Mr. Horne should proceed to state the grounds on which he applied for the hearing of the case out of its regular turn. Mr. Hn oxt then stated, generally that it was the petition of the three first-named persons, w ho prayed that they might be. chcsen Assignees, and others,. who stated that they would be properly chosen' assignees under the Connnission ; and praying that the Commissioners might be directed to execute a bargain and sale to them. The. Court was aware that a former com mission Imam) superseded by the Lord Chancellor, and e se cond one issued cn'the 22d of . August. and that Mr. Shaw had been one cf the assignees under 'the former commission, and it would also be recollected that a petition had been presented to remove Mr. Carrol, on the ground that his debt had been dis puted in consequence of a charge of usury. Mr. HEALD said, the bargain .and sale was also to admit a Mr: Hennon,who Was not before the Court , and therefore a post apponement must of necessity The. VicE-CilikxcE tr.on said, the first point to decide was as to the he ar i ng of tile case. take place. Mr. llousn again proceeded. The former order of •the Lord Chancellor had supersede& the commission, and umler the new commission there had been many debts proved, and many attempted to be Proved ; and a mongst them one by Mr. Carrol, who, at the same time, 'gave notice thnt there were more, which he intende&to prove at a future time. The Commissioners had refused to admit the claim, on the ground of usury, and a refu sal to expu n its nature ; and it was now for the Court to con: sider, whether, under such circumstances, it would permit Mr. ruptcyk Carrol to be chosen assignee, and entru st him with the custody of all the books, papers, and wr itings, niid:.e this him He would net say that Nlr. Carrcd 'Would put them to an im proper Use; but lie would say that it would be doing that which the Court always did with the inot. jealous eye, nor until a strict inquiry had been made. The Vic n-CnANCEI.Lou—Who are . c l ;osen assignees? Mr. , HonxE—Mr. Carrol one, Mr. Duff is anot h er, w h ose debt only amoun t s to trl. 7s. ad., anti i t is expressly swbrn that this debt is founded in' usury . ; and the onl y question now is, • whether .or not pair i s a .proper person to be assig nee ? t h e • lie Commissioners thought it other - is Mr. Wilkie. ,bas been discovered to be so The Vicu-CiLuicELLOR —T was not usurious. I 'Phe ß n x ett_g l o P i c i s er' alSiro'bjbecuttion he liad to make. was, that the names o f &4 , 4 , ;jaca k a d.becri• put in by the bankrupts; and threats had beet Used to inddee *ate§ for them ; in fici in one instance this had been carried so far to influence one person to refrain from attending at Guildhall. The amount of the debts of the Co-Assignees was 17,7391. 7s. 10d. One of the debts that cons, ituted that sum was • that of Mr. Duff; another was proved by Mr. Pearce, under the following circumstances; Ir. Pearce was one of the two partners who claimed a sum of 0001., and Mr. Pearce gave a warrant of Attorney, which was only signed by himself, and which he contended was not a legal instrument, as though one partner might prove for both, yet he could not execute a deed for both, and consequently the proof by the Attorney for both in the usual way•ought to be expunged. In fact, the document itself seemed to have been got up in a hurry, for it was written in the first person in some parts, and in the tl7ird person in others. The. gentleman in question who voted, was no other than the son of Mr. Howard, and the brother-in law of Mr. Gibbs, and it was but fair, without meaning to give the slightest offence, to feel the peculiar situation in which he, or any one, would stand under such circumstances. The Learn ed Counsel concluded by submitting, that the Assignees ought, on the whole, to be dismissed. The ViCE-CHANCELLOIt intimated that Mr. Home had very properly stated the general circumstances of the case, and observed, that Mr. Treslove would in all probability follow the same..cdurse. Mr, ME SLOVE said, he did not feel it necessary to trouble his Honour farther, after the able manner in which Mr. Horne had stated the case, and in fact, rather under than over. There were creditors to no less an amount than 16,0001. who had not yet voted, though they had proved their debts ; and, with re spect l . to Mr. CerroTs claim, he contended that it - was of the highest importance that he should not have the custody of the books, since there had been transactions subsequent to the year 1815 to no less an amount than 200,0001. Mr. Carrol had also given three different accounts relative to his transactions, and after his claim had been disputed by the Commissioners, was it to be said that he was a proper ilerson to be chosen Assignee ? The VICE (41ANCELt on—flas Mr. Carrol made affidavit that he does not mean to prosecute his claim further ? Mr. TnEstovr: said, he (Mr. Carrol) had intimated an in tention of petitioning the Lord Chancellor to receive his claim. Mr. Mowraelf said, there was no petition as stated, but there was one for 32,0001. Mr. llonxE—Your Honour will thus see what an improper thing it would be to suffer Mr. Carrol to have the custody of the books, &c. under this bankruptcy. Mr. BLAKE, in addition to the former arguments, said, such questions had been put to Mr. Carrol as he had not deemed it. safe to answer, and the Commissioners had, in consequence, thought proper to refuse the admission of them. Ile contended, that the suffering Mr. Carrel to have the books would be fraught with the greatest danger in a judicial view of the features that characterised the present case. Mr. HanT, on the other side, contended, that the only ques tion for the Court to consider was, whether any thing had been shewn to warrant the hearing of this cause out of its regular turn ? Mr. Shaw seemed to forget, that he had'been joint assig nee under the former commission, with two of the Gentlemen whom he now sought to displace. If there was any thing ma terial for the case being now heard, he thought it would turn on the propriety of admitting the vote on Mr. Pearce's debt. - [A conversation' of some length here ensued on the legal point relative to the grounds on which the Court would interfere to remove assignees.] Mr. BE LL contended, that there could beno danger in letting Mr. Carrol continue assignee, as he had been so thefora consider able time, under the former commission, and could have pos sessed himself of all the knowledge he might want to acquire ; and, in fact, this had been the opinion of creditors, to the amount of 16,0001. who remained silent, fearing no danger. Mr. MorcmouE said, the only question was whether this ; cause was to be heard out of turn, or an interregnum to be suffer ed in the prosecution of the proceedings under the bankruptcy ? if any thing (he observed) of this case is said out of Court, hope that it7will not be said that all that has been alleged is true, but that part of it is true and part untrue. The Learned Cou nsel then contended, that Mr. Carrol was bona fide creditor to the amount of 13,0001., which had never been disputed, and that it had been demanded to look into all the proceedings of Mr. Carrol, to induce the Commissioners not to admit the debt, arising on the three bills. lie defended the, character of Air. Carrol against the observations of the Counsel on the other side, relative to the different answers given by Mr. Carrel, and said he had had the books in his possession over and over again, and had had the power, if he thought lit to use it, of gaining all that he wanted. The law must prevail here as in other cases, and he would . undertake to say, that the whole of the allegations would be rebutted. When Mr. Carrol applied to Prove time whole of his debt, it would be time enough for the Court to in terfere, but. at present, he contended, there was no reason for any removal whatever. After some further observations, the Learn ed Gentleman concluded by submitting, that there was no rea son for stopping the proceedings under the Commission, or hearing the case out of its turn. TIieVICE-CHANCELLOR, after reviewing the arguments on both sides, give it as his opinion, that the cause ought to be im mediately decided ; and at length, Wednesday next was fixed as the earliest convenient day on which that could be done, as his Honour could not displace those cases that were entitled to be first - heard, though he had not the slightest objection to sacrificing his own time after the regular disposal of other business. COURT OF KING'S BENCH, ,Nov. 9. BIRCH AN]) OTHERS V. CREWE. This, it will be recollected; was an action by the plaintiff's, who are Bankers at Staffbrd, as indorsees of Bills of Exchange, to the amount of 9,0001. and upwards, drawn by one Birkes, payable to his own order, and alleged to have been indorsed by the defendant, the Rev. Mr. Offiey Crewe, a Clergyman of the County of Stafford. At the London Sittings after last Term, a verdict was found for the defendant, on the ground that the sup posed indorsements were forgeries. The Sesnrc rron-GENERAL now moved for a rule to shew cause why the verdict should not be set aside, and a new trial granted, on the ground that material evidence was now in the plaintifrs possession, which could not have been procured pre viously to the last trial. Ile moved on payment of costs. The evidence to which he alluded was that of Birkes, the drawer of the Bills, whose testimony, however suspicious. could be corro borated in many material partienlars. It would be recollected that Birkes had absconded to America ; from thence he had been since traced to Bordeaux in France, and in the month of Septem ber last was apprehended in the neighbourhood of the London Docks, where lie was passing under an assumed name. Inasmuch as the ground of defence taken at the trial was, that the endorse ments on the bills in question had been forged by this person, his evidence on a new tri,.l would be of the utmost importance, particularly •under the extraordinary circumstances which came out at the trial, tending to prove, that an intimate connection had subsisted betweeen him and the defendant, who, it was admitted, had had some bill transactions with this person. After Birkes had been taken into custody, he • was taken to Stafford gaol, where he now remains, under a charge of not having surrender ed to the commission of bankrupt which had tnani taken out against him. No charge had been preferred against bins before a Magistrate, and therefore he Was not in the condition of a per son actually committed for felony. Considering the importance of the case, and the extraordinary circumstances to which lie alluded, he trusted that the Court would think it one which deserved further investigation, on the terms of paying costs.— After consulting with the other Judges, The Cisius' JCSTICE said, we think there might to be a Yale to chew cause, but the affidavits upon which the motion is founded must be filed, in order to give the other side an oppor tunity of answering them. Our doing this, however, is not to have the slightest weight with respect to any other case that may be tried upon other bills, which are supposed to have been indorsed by the defendant. - I cannot forbear stating, that from the situation in which Birkes stands, the absolute subjection under which some of the plaintiffs, who are the assignees under his commission, hold him, whatever conies from him, under such circumstances, will be received with great distrust.— Rule Nisi granted. ' _ . BIGAMY. Mr. Culiwoon' moved that a person in custody on a charge of bigamy might be brought up by .Habeas Corpus, to be dis charged on bail. The prisoner admitted the offence, but the ground upon which he prayed to be admitted to hail was, that he had been once before apprehended on .the same charge, but the parties had not tilt:tight proper to persevere in the prosecu tion ; but now they had apprehended him a second time, and were proceeding under tite old charge. He trusted this was a sufficient ground for the interposition of the Court. Mr. Justice H OLIW YD, the only Judge in Court when the motion was made,;thought tins was not a case in which the Court could interfere.—Writ refused. . . _ • . At half-past two o'clock, the new Lord Mayor, atterded.by the usual procession, entered the Court to record his Warrant of Attorney. The Common Serjeant officiated fOr the Recorder, and invited the Judge to cline at the liuildhall with the Lord Nlayor and ;Sheriffs. COURT OF COMMON PLEAS, Nov. 10. SMITH AND OTHERS V. BELL. Sergeant Pth.t. moved for a rule to spew cause why the vet.- diet given for the plaintiffs in this cause should not be set aside,. and a new trial granted. The Learned Sergeant stated. three objections against the verdict ; the first was, that Andrew Armit had been examined as a witness fur the plaintiff's, although it was alleged on the record that he was one of the parties for whose benefit the policy of insurance on which the action was brought had been effected. It was true, it was stated that he had executed a release to the plaintin, but on this point, as well as on that of the action - being brought in the name, of The ,plaintiffs, there was a most ex-. traordinary document, which would probably cause the Court a vie* the whale. matter in a new light. MI. ridgc t m an, of Mansion4inuie...place, Bait India Agent, who is -ow:- of Atte plaintiffs, had trade an affid a vit, in which he s t a t e s that the action brought in the names of himself and part ners, without hiS consent or kno;Vledge, and without the, con sent or knowledge Of any of his pa.ftnerS, ai he verily believed, and that he never heard Of said actidu until after the trial, and believes that his said partners, the other elaintiffs, had hot heard of its having been brought until after said trial. . . The second objection was l that evidence offered on the part of the plaintiff, to prove that the weather the ship ; had met on the voyage would not have injured her tiSd she 'been sea-worthy at the time of sailing, had been rejected .by the Learned Judge who.tried the cause, on the ground that the only knowledge the witness, who was not on board, had of the weather, was obtained from the ship's log-book, which might have been imperfectly kept. The third objection was, that the Jury found for a total loss, with right of salvage, although charged by the Learned Judge that there was not a total loss, as there had been no abandon.. mcnt. The Learned Sergeant stated that there were 19 similar, actions depending on the fate of this verdict. The Solicitor for the Motion stated that after Mr. Justice Park, before whom the cause was tried, had left the Court, the Jury brought in a verdict for the plaintiffs for 22 per cent. when. a Gentleman who was in Court, and who had not been examined in the cause, gave them some information, on which they changed their verdict to 3-f per cent. CHIEF JUST ICE—Take your rule, and let that fact be stated by affidavit. CONSISTORY COURT, Nov. O. Sir CHRISTOPHER ROBINSON took his seat as Judge of this Court, in the room of the Right Hon. Lord STOWELL, resigned. • . NULLITY OF MARRIAGE. DAVIDSON, OTHERWISE BOODEN, FALSELY CALLED CABLES, V. CABLES. This was a suit of nullity brought by. the wife against the husband, on the ground of her own illegitimacy, minority„and non consent of guardian (notwithstanding the cursent ()Cher mother, who was present at the marriage), there being no legal guardian appointed by the Court of Chancery. It appeared from the evidence 'in the cause, that Pranced, Caries, otherwise Davidson, otherwise Boodeh, the party pros muting this suit, was the illegitimate daughter of Margarette.. Augusta Davidson, spinster, who lived as housekeeper with Major Booden, of East Blacheter, in Sussex; that in or about the year 1779, the said housekeeper was observed bythe.neigh hours to increase in bulk, and on the tit!' day of August in that year, was delivered of a female child, which was afterwards ac knowledged by Major Booden as his daughter, and brought un in his house under his own eye. By the will of the deceased, Major B. which was proved in 1796, he bequeathed the whole of his property to Augusta Davidson, spinster, and in reversion • to his natpral daughter by the said Augusta, the whole of his freehold and personal estates, appointing the mother sole exe cutrix and administratrix. The marriage in question was solemnized by license at St. George's Church, Hanover-square, in 1798, between Mr. Caries' and Frances llooden (the mother, Augusta Davidson, being present), upon the affidavit of the moth er an d h us b an d that the wife was then under 19 years of age. The parties, it appeared, had cohabited together for 23 years, but it did not appear that there had been any issue of the marriage. Dr. JENNER contended, that here was sufficient proof of mi nority, illegitimacy and non-consent of lawful guardian, so as to establish the requisite facts that such marriage was contrary to the Act of Parliament, and therefore prayed a declaratory sentence of the Court that such marriage according to law was null and void. Drs. SWARM'S" and PiuttimouE took objections to a decla ratory sentence being passed, on the ground that the mother waB present consenting to the marriage, and which she beli eve d t o have been solemnized under every legal requisite. It was fur ther contended that the identity of the party promoting the suit was not sufficiently proved. Sir C. Itconissom was of opinion that the facts were suffi ciently established in evidence to call for a declaratory sentence of the Court, which was, that the marriage in question b e i ng without consent of lawful guardian, and with an illegitimate minor was, by the provisions of the Act of Parliament, of no validity, and therefore the Court pronounced the said mainaga null and void. • EXPLOSION OF GUNPOWDEIt.—An Inhabitant of Bromley, Middlesex, desires us to state, that the account communicated, under the above title, to our own and several other Morning Papers, is considerably indebted to the embellisher for several of its most striking circumstances. It is true that a Gentleman's servant carelessly suffer ed about two pounds of powder to explode in the kitchen, by which the windows of that room and one or two panes more in the house were broken ; but the kitchen being large, and the doors open, the effect of the explosion was much less than it might otherwise have been. The man himself, ho was the only person hurt, suffered provi dentially but little ; and it is hoped will be able to go about his usual work in less than a week.— (Morning Paper.) COAL-MARKET, Nov. J. Ships sold Ships at Market. 44A Newcastle 113- Sanderland. Price. 38s Od to 47s 3 d 37s Od to 48s ud, COURSE OF EXCHANGE, November y. Amsterdam .. . ... i i 14 C. F. Ditto, at Sight -2 I 1 Rotterdam Antwet p 1 2 7 Hanibnigli Allona Paris, 3 Day's sight Ditto Bontdeaux, ditto Frankfort on the 156 Ex. Monuf Madrid Cadiz Bilbua 354 EttcoiV 6, BaltelCl:a Seville Gibraltar Leghorn G.s .4 Sialla Palermo Lisbon Oporto Ilio.latteiro Di , blin .... 8-, 9 per Cent. 1 ',LION. Poittizal Gold, in Coin / .0 0 0 pei (»• Horeign Gold, Bars New Doubloons -13 G ' ' 4 9 3 7 New Dollar; .. sik er in Porg, Star.dard BillirilS. - On the Bth instant, in Berond-stycA, Russen_sqlm7, Lady of Richard William Ripley, Esq., of a son. . . • Yesterday, at his house in :-.,ouin Audley-street, tile La,l - • W. L. Hughes, Esq., of a son. . ~ Yesterday, in Burton-stret, Lurton-Crescent, Mr. Ch: - .1:- , 11•Ialton, of a son. • . - • 2 , lAi On the S'4 inst. Capt. LibarmiNlek, eldest son of 11% Tsl` t Icy, Esq. of-Milford, Ntol shire, to Elizabeti4.tlaug! ,t ' of J. 1% ebster, Esq. Weodl, - ,rj. , - On Wednesday, the 7th 7,t the Abbey Church, IehTOT: bury, Mr. John I'rederi,!l: C7iurton, of Uraven:street, Solicitor, to Letitia, of ale. itoger Hughes, of AlthrO t. svo.Od-hOuse, WreNhani • DIED. On the 2"tith ti/i., at . 111.:;s, li*lrof i.shire, North Brit'll'. Ileary lh Esq 4 aged: 84, e. : c e On the 7th inst., at Bath, aged 43, Matia Ann, the rilk„, t Rear Admiral Ballard, and daw-Ilter of the late James flw,!: . .-,. .. . Esq., 'of Judd-house, near Vaversharn, in Kent. st On the 7th inst. at Ballingdon, Charles Wyatt Allen, el j i c ,i) son of Mr. Elliston Allen, of that iqt&ee, in .the Tad year a; age. va Yesterday, Mr. Thomas Edglev, of. Essex Wharf, St c s ~ ed in the oast year of his age, after r. f;..tv days' illness,, Dees`'" by a severe tall. 1:-:1 4- (in Thursday, the Bth inst., in 01: Manor-street,Gl ie : , Caroline Matilda, daughter et . John tiurnell,•Esq. o4'l On the Bth. inst., suddenly, Mr. Oliver Gamon, of Jell, ' ' , stilt*, aged 70. --- i Printed and Published, for the Pito paiE•rons, t t the , OFFICE, 112, Strand, by J. 11. CAlt;TALits. 1 _ .