The Sun. — London, England, 1821-12-07 00:00:00

'filE LONDON - .30.!,TLINALS. D'AILY EXTRACTS FROM MORNING PAPERS December 7. • [IKORNING HERALD] We are still without Paris Papers, at a moment wheli the intelligence from France is most likely to prove interesting. France is no longer the centre of European politics, or the object of vigilant alarm to other nations. But, from 'her situation, resourees, power, intelligence and am bition, she can hardly cease to have a dominant influence, by her actual strength, as well as by the moral force which a highly intellectual and enehnsiastic nation exercises over the opinions of men. It strikes us that the present moment is one of the most critical to Europe and herself, since the second restoration of the HouSe of Bourbon. There it at present a re-action of what a large class of French writers call " New France," against a tendency which has at length . been arrested in its course. Since 1815, the vacillations of the French Government are be - 7 end all precedent. After the battle of Water loo, and the consequent restoration, the French - Ministers seemed disposed to act faithfully upon the principles of the Constitutional Charter. It was not long, however, before the appetite o( personal vengeance, and the confidence in the foreign troops then occupying France, made the Charter a nullity. The prisons were - filled, the Protestants were massacred, and several very shocking executions took place. This spirit, however, spent its force. It was found that that kind of government could not go on. The elas ticity of national justice and opinion sprang back and recoN ered its, force. M. de Vaublanc, a man who has since employed himself in writing bad poetry, was dismounted; a new Ministry was formed ; and a new and opposite tendency ma nifested itself. This, however, did not last long before it was stopped in its course.— The freedom of the press, the elective fran chise, the law regulating the organization of the army i were found to unmanacle the strength of the revolutionary giant so completely, that it was feared a Bourbon Administration would soon cease to be able to govern it. There was once more a fresh re-action--the 'Press was chained up—the elective franchise was maimed and ham strung—the Ministry was once more changed— the Liberals were thrown into the back-ground— the Duke of Richelieu coalesced with the Ultras, in the hope of using them as instruments. These latter would not be so used. They would have the old regime. The Ministry would not go this length. The Ultras withdrew their support. The Liberals naturally leave the Ministers to their fate upon the Address. In the de bate on the Address they are left in a mi nority truly ignominious ; and now, as it strikes us, a new re-action has once more manifested itself in favour of the rational interests and liberty of France. The party of the old Monarchy, finding that no Administration will go the length they desire, must give up all hope. If they get a Ministry, or if they have got one in their interest—for the first arrival will probably announce a new Administration—nothing short a a ferment may be expected in that country. One important phenomenon in the political sys tem of France has manifested itself ou this oc casion. The seat of Ministerial influence and power seems to'be transferred from the Court to the Chamber. .Hitherto it was at the Tuilleries theta Minister's fate was determined. Now it has been decided in the Chamber of Deputies, as with us in the House of Commons. [NEW 'mars.] Our private intelligence from Rio de Janeiro will be found to be of great interest. There is no longer any doubt of a systematic plan for de. claring Brazil an independent Kingdom, under the sway of the present Prince Royal of Portu gal, who, it is understood, will have no objection to assume the title of Pedro 1., King of Brazil. The scheme has proceeded so far, that the troops, who are to take part in it, are named without re serve ; and the day fixed for the declaration of independence is said to be the 12th. of October, the Prince's birth-day. We have before observed, that the ideas of national independence and re publicanism do not appear to have any necessary connection in South America. The Brazilian party, as they are called, look to the perpetua tion of the regal dignity in the person of the Prince, to whom they feel a strong attachment. A year or two ago the authorities at Buenos Ayres negociated with the French Ministers to establish a kingdom on the banks of the Rio de la Plata; it has been surmised, not without probability, that the Independents of Mexico contemplate placing a Spanish Prince on- the Throne, and it would not greatly surprise us to find that Lirna bad chosen for itself a Sove reign. What the eventual consequence may be of establishing so many Monarchies in the West ern Hemisphere, it is not easy to calculate ; but one effect we may at least contemplate as pro bable. These kingdoms will probably form a strong counterpoise, to the power of the United States. Politicians have been apt to look on the North American Union as in progress toward an extension of power over the whole Northern and . Southern Continent, not forgetting to take in the West India Islands by the bye. But if new Sovereignties are formed, stretching from the very borders of Louisiana to Cape Horn, speak • ing the Spanish and Portuguese languages, pro • fessing the Roman Catholic Religion,and attached to monarchical principles, it will not be easy to amalgamate these with the Anglo-American Re public. New political combinations must there r fore arise ; and the balance of power, hitherto • confined to Europe, will present more compli . cated questions when it includes a number of in dependent Trans-atlantic Governments. {/40 aNING POST.) A Court of Common Council was held yester day to receive the Report of the Committee for General Purposes, on the conduct of Mr. Ex- Sheriff Waithman during the affray at Knights bridge. This object, however, was defeated for the present by the motion of "Mr. Clarke, who obßrrved that an a subject of such great importance,. the Court ought not, to come to a hasty con.lusion, aud proposed that the evidence should be printed and distributed among the members, 'and that the consideration of the Report he-postponed until the next Court. This motion was agreed to after the Report had been read, as the Court probably thought that its na ture required much evidence for its justifica-, tion. It is, in fact, little else than an echo of the gallant Alderman's own appeal to Earl Bathurst. The echo of a cannon may pre serve some portion of the majesty of sound of its original, but that of a popgun is at the best but a miserable noise. So it is with this Report. It may flatter the vanity of the per son whose exploits it extols; but even in the event of its being received and agreed to' by the Court of Common Council (which is byno means certain if the whole of the evidence has been taken down) it will not influence the decision of a Jury, whenever the conduct which it is its ob iect,to justify may be submitted to the investi gation., of a higher tribunal. Mr. Alderman BroWn.has given notice of; a motion, " That the Comrnittee. for General Purposes be ordered to inquire into the condudt of Robert Waithman, Esq. Alderman, and late:Sheriff, upon the Coro ner's Inquest, held upon the body of Richard Honey." [BRITISH PRESS 3 Our extracts from the Irish Papers received yesterday present a long and melancholy list of crimes. Fear may be expected to misrepresent many facts, and create imaginary dangers ; but with every allowance for exaggeration thus pro duced, sufficient of truth is unfortunately esta blished to shew. that the lawless and ferocious spirit which has already done so much mischief, has not been checked by the extraordinary means resorted to for that purpose. It would indeed seem, on the contrary, that its malignant influence is rather spreading. In one case it is stated a body of some thousands of deluded men, some of them in arms, presented themselves in open resistance to the laws ; the exertions to ob tain arms become more general, and the timid policy of those owners who voluntarily dis armed themselves has proved unavailing, for where arms have been sent away the insurgents threaten their owners with death and the destruc tion of their property, in the event of the arms not being brought back and delivered up to them. Every possible means of vigour and precaution are used . by Government to suppress this de plorahle state of disorder. One of those of most recent adoption is an order to prevent the sale of gunpowder, and thus render the arms in the hands of the insurgents useless, by depriving them of ammunition. The Special Commission for the trial of offenders will sit in Limerick on the 15th instant, and is expected to have a salutary effect. The local gentry are also exerting themselves with increased energy. Meetings of the Nobility and Gentlemen of the counties of Limerick and Tipperary have been held, at which the re-enact. inent of the Insurrection Act was recommended, as an essential measure of safety. [THE TIMES.] The mail of yesterday brought us Tuesday's Dublin papers, whence there appears no symp tom of abatement in the general distemper of the time. Ou the contrary, a fresh outrage is record ed to have taken place in the county of Tipperary, which, though not at all unprecedented, even in the ordinary course of Irish manners, is described to have been on a larger scale, and somewhat more of a military character, than any previous act of violence by which the present crisis has been dis tinguished. Two men, living at Four-mile-water, county of We terford,were taken in execution,some days ago, for debt; but the constables were too weak to prevent a rescue. On the morning of the 2d inst. one constable with 14 of the military, a ser geant's guard, succeeded iutaking 2 of the leading parties in the rescue ; but, as usual in such cases, the insurrectionary posse assembled in large mul titudes, and attacked the soldieri, who retired for shelter to a neighbouring castle. In the mean time, from the increasing numbers of the as sailants, the military saw destruction at hand, and threatened to shoot the prisoners if any fur ther attempt were made to rescue them. After remainin g in this unpleasant posture from long before day-break until four in the afternoon, the little band of soldiers were relieved by a reinforcement under the command of an officer. Undoubtedly we have seldom known a time when, in the interior of the South of Ire land, a prisoner, whether for debt or breach of the peace, did not stand a fair chance of be. ing rescued. The fact, we are sorry to be obliged to say, is, that the law of the country has been all along beheld by the lower Irish as a penal and hostile, rather than a protectin4, power. The sympath'es of this misguided race take, in many points, a pernicious, though not an unnatural, direction. Almost uniformly they feel with debtor against creditor, tenant apinst landlord, criminal against magistrate, the rebel against the State. Power cannot have been fairly exercised, where, whatever be the shape it as.. sullies, it has contrived to render itself so odious. Measures are taking, the Dublin prints inform us, to restrain the _private sale of gunpowder,---a salutary regulation at a time like this. iMORNING C.IIROIVICLEI Although in the present state of Ireland mi litary coercion may be necessary to repress violence, yet we trust that conciliatory mea sures will not be neglected to restore confi dence ; for in the view that we take of that un happy country, its future welfare and tranquillity depend more on the wisdom and moderation of our Councils than the force or terror of our arms. The disturbed state of the sister kingdom is not now to be solely ascribed to political views; it is not, as in 1780, struggling for its own independence, nor, as in 1796, co-operating with a foreign Power in its hostile designs against Great Britain. The alleged grievances, though unques tionably originating in a mistaken policy, are rather of a civil than a political nature, and though they may not immediately allow of complete relief, pre certainly susceptible of considerable alleviation. That the uaion of the governed should be the great object of every system of Government is at least a moral truth, though there are persons who still • adhere to that pernicious maxim " divide et impera," and who hope to supply their own want of energy by the desolating strife of contending parties. How fatally this vicious principle has operated in Ireland we need not describe, while the Executive Power has been uniformly engaged in the repression of the crimes of the people, instead of the redress of their wrongs or the I relief of their sufferings. In vain have some of the most enlightened Statesmen urged the claims of the majority of the population to participate with their fellow-subjects in their civil and political rights—in vain has re dress been sought for other grievances.—Among them great stress is usually laid in Ireland on absentees. This question, however, involves considerable difficulty. A number of the ab sentees hold large estates in both countries, and without striking at property, we do not see how a demand can be made on them to fix their resi dence on any other principle than that of incli nation. But whether Irish proprietors chuse to reside in Ireland or England, or elsewhere, there is no question but that it is their duty as well as their interest to contribute as much as they possibly can to the improvement of the character and condition of the people by suitable institutions and arrangements. Much difference of opinion, we know, exists with regard to the question of absenteeship. It is maintained by many, that absent proprietors not merely withdraw their wealth, but also withhold that protective encouragement which their pre sence would afford to the well-disposed, and the intervention of the local 'authority which might controul the mischievous and disaffected, it being impossible to calculate the benefit that a good man confers by his precepts and example on those around him, and more particularly where the minds and habits of a people remain to be formed and regulated. Others again point to the north of Ireland, which presents such a contrast to the south, with a view to shew that too much import ance is attached to the residence of landholders on their properties, and add that in the parts of this country which, till , lately, bore most resem blance to Ireland, the neighbourhoods of land holders were seldom the most conspicuous for improvement. NAVIGATION ACT, A BILL To explain and amend the several Acts for the encouraging and incrmsing of Shipping and Navigation, and to regulate the Importation of Goods and Merchandize into Great Britain, so far as relates to the Countries from whence, and the Ships in which, such Importation shall be made. (Continued from our Paper of Wednesday.) 31. And for the establishing by law the several rules and pro visions under which the importation of goods and merchandise into Grew Britain shall be regulated, so far as relates.to the countries from whence, and the ships in which such importations shall be made ; be it enacted, that from and after the goods and merchandize, being of the growth, production, or manufacture of Asia, Africa, or America, shall be imported into Great Britain from any part of Asia, Africa, or America, or from any port or place in Europe, in British built ships or vessels only, registered and navigated according to law, anti not in. any ship or vessel of any other country or place whatever, under penalty of the forfeiture of all such goods and merchandize, the growth, production, or manufacture of Asia, Africa or America, as alien be imported into Great Bri tain from any part of Asia, Africa or America, or from any port or place in Europe, in any ship or vessel not being a British. built ship or vessel, registered and navigated according to law, except only in cases hereinafter specially excepted or . pro vided for. 32. Provided • always, and be it enacted, that nothing in this Act contained shall extendor be construed to extend to restrain or prohibit the -importation of any goods or merchandize, the growth, production, or manufacture of any part of Asia, Africa or America, into reat Britain, in such British-built ships as aforesaid, from any place whatever, either in Asia, Africa or America,. although such goods or merchandize-may not be of the growth, production or manufacture of the particular country from whence such goods or merchandize shall be exported to be brought into Great Britain. 33. And be it.further enacted, that from and after the the several sorts of goods and merchandize hereinafter particu- • larly enumerated mentioned and described being of the growth or production of any lace in Europe, that is to say, masts, tim ber, boards, salt, pitch, tar; tallow, rosin, hemp, flax, currants, raisins, figs, prunes, olive oil, corn or grain, potashes, wine, sugars, vinegar, brandy, thrown silk, raw silk or tobacco, shall into be imported Great Britain, either in British-built ships or vessels registered and navigated according to law, or in ships or vessels of the build of and belonging to the country of which the said goods are the growth, produce, or manufacture respective ly, or in ships or vessels of the build of the country, port, or place.in Europe, from whence or from any.part whereof such goods and merchandize shall be exported or shipped for the purpose of being exported to Great Britain, and wholly owned by the people of such country, port, or place, and navigated by • a master and of use mariners thereof, at least of • such country, port, or place, and not in any other ship or vessel whatsoever, under penalty of the forfeiture of all such goods or merchandise as shall be imported into Great Britain, prom any place in Europe; in any ship or vessel not being such British built ship or vessel as aforesaid, or not be in g a ship or vessel of such country, port, or place in Europe as•aforesaid, and navel' gated as aforesitl, except only in cases hereinafter specially ex cepted or provided fur. • 34. Provided always, and be it enacted, that nothing in this Act contained shall extend or be construed to extend to prohibit the importation, into Great Britain, of any goods or merchan dizes, the growth, production or manufacture of any part of Europe, and not hereinbefore expressly specified, enumerated or described in any ship or vessel whatsoever, and from any place whatsoever, as -such goods or merchandize might have been imported into. Great Britain at any time before the 35. And be 'elle:dared and enacted, that the island of . Malta and its dependencies shall for all purposes whatever be deemed. and taken to be in Europe. 3 6 . -p ro ,id e d abeieferther enacted, that from and. after the said .shall and may be lawful for any person or persons to import into Great Britain, from any place in Eu rope, any quantity of -guilt Senegid of the growth or produce of any place whatsoever, either in a B ritish-built ship or vessel; re gistered and navigated acc ording to law, or in a ship or vessel of the build of the country pert or place in Europe from whence or from any part whe:eoi such gam Sene g al shall be ex p orted or shipped for the purpose of being exported to Great Britain, such ship or vessel of such cowl-try port or place being wholly eseseee by the people of suet country port oreblace, and being navigat ed by a master and a the mariners at least o f such country port or place, and not in any other ship or v e ssel whatsoever, under penalty of the forfeiture of all such gum Se negal as shall be imported into Great Britain in any ship or vessel not being such British - bu ilt ship cr vessel, or not being a ship or vessel of such country, port or place as aforesaid, owned and navigated as. aforesaid. 37. And be it further enacted, that from and after thee . it shall and may be lawful for the Com missioners of his Majesty's Treasury of the United. Kingdom of Great Britain and Ireland, or any three or more of them, and they are hereby authorized and empowered, by warrant under their hands, or the hands of any thhae or more of them, to or der and direct that any British piny or vessel, which at any time before the first day of May, one thousand seven hund re d and eighty-six, was duly registered as a British ship, • shall have and be entitled to all the privileges and advantages belong_ in to 10-3ritisli built-ship, and s hall and m ay be re g istered as aßritish built-ship ; provided it shall in, all all cases be thadeap. pear to the satisfaction of the kaki Commissioners of the Trea sury, or any three or more of the m, that ever such ship ear vessel, for which ch rseugcilsitperrievd as n British ilegeshallbeshclipaimbeefdor,eathae said first day s actually and identicallyof May, one thousand seven 'marked and eignty-six, and that no foreigner has, since the time of such registry, h a d any share, property, or concern, in such s h ip or vessel, and that such s h ip or vessel beelyhoansdnowthbaetenisrealplaoiwreedd in say law, and that such ship o n any foreign port, at any ex vessel is in every other respect entitled to the privilege 6f a Mit" ship and in such case every mlOl strip or vessel from and after the date of the registryinade of such ship or vessel as a British -built ship, by virtue of such warrant, shall be deemed and taken to be a British built ship, and shall be entitled to all the privileges and a.dvairtages to which a British built ship is by law entitled, and as if such ship or vessel had been originally British built, to all intents and purposes whatsoever. 33. And be it further enacted, that from and after the any British-built ship or vessel which shall have been or shall be registered as such, and which after being so registered shall have been or shall be sold to or' become wholly the property of some person or persons not being a sub ject or subjects of his Majesty, his heirs or successors, shall to all intents and purposes be deemed and taken to be a ship or vessel of the built of the Foreign country, port or place (if in Europe) of which the person or persons, to whom such ship or vessel shall be sold, shall be a subject - or subjects, er; - : to which such person or persons shall belong ; and it shall and may be ' lawful to import in any such ship or vessel any goods or mer chandize from any such Foreign country port or place in Eu rope into Great Britain, in like manner as if such ship or vessel were of the built of such Foreign country port or place in Eu rope ; any law usage or custom to the contrary notwithstanding: Provided always, that in case any such British-built ship or vessel having once become the property of any person or persons not being a British subject or subjects, shall again become the property of any British subject or subjects, (otherwise than by capture and, legal condemnation) such ship or vessel shall not, on any pretence whatsoever, be again deemed taken or consider ed to be a British- built ship or vessel, not entitled to be regis tered as such, nor to any other privileges ur advantages as a British-built ship or vessel. 39. Provided always, and he it 'enacted, that nothing in this Act contained shall extend or be construed to extend to repeal each part of the hereinbefore recited Act.; passed in tire twelfth year of the reign of King Charles the Second, for the increasing of Shipping riiid Navigation, as relates to bullion, or to goods taken by way of reprisal. 40. Provided also, and be it declared and enacted, that no thing in this Act contained shall extend or be construed to extend to repeal or alter, or in way to' affect or infringe any of, the provisions contained in two Acts for the Union of Great Britain and Ireland, the one made in the Parliament of Great Britain, in the thirty-ninth and fortieth years of the reign of his - said late Majesty Xing George the Third, and the other made in the Parliament of Ireland, in the fortieth year of the reign of his said late Majesty, or in any other Act or Acts in force im-- mediately before the by which the importa tion of goods or merehandize into Great Britain from Ireland or into Ireland from Great Britain, or from foreign parts, is in any way permitted, allowed, restrained, prohibited or regulated in any manner whatever ; but that all goods and merchandize shall and may be imported into Great Britain from Ireland, and into Ireland from Great Britain, or. from foreign parts, ,!torn and after the said in such manner, and under and subject to such regulations in all respects, as are contained in the said Ads for the Union of Great Britain and Ireland, or in any other Act or Acts in force immediately be fore the said until provision shall be otherwise made by Parliament, with respect to the same ; any thin; in this Act contained to the contrary in anywise notwithstanding. 41. Provided also, and be it enacted, that nothing in this Act contained shall extend, or be construed to extend, to alter or re peal, or in any way to affect or infringe any Act or Acts, or any provisions contained in any Act or Acts, in force immediately before the relating to thie importation into Great Britain of any goods and inerchrindize. whatsoever front any British colony, plantation, territory or dominion in Asia; Africa, or America ; and that all goods and merchandize the growth, produce or manufacture of any British colony, planta tion, territory or. dominion, and all goods and merchandize whatsoever which may by law be imported into Great Britain from any such British colony, plantation, territory or dominion, shall and may be imported, and shall continue to be imported into Great Britain, in such manner and under all such rules and regulations, restrictions, penalties, and forfeitures in all re spects as are contained in any Act or Acts in-ifrree, in relation to such goods and merchandize, immediately before the said any thing in this Act contained to the contrary in anywise notwithstanding. 42. Provided also, and be it enacted, that nothing in this Act contained shall extend or be construed to extend to alter or repeal any Act or Acts, or any provisions contained in any Act or Acts, in force immediately before the which in any way relate to the trade or commerce of the islands of Guernsey, Jersey, Sark, Alderney or Man, or to the trade between Great Britain and those Islands respectively ; but that the trade and com merce of the said Islands respectively shall continue to be car ried on and regulated'in all respects as if this Act had not been made. [To be Continued.] LAW INTELLIGENCE. COURT OF CHANCERY, DEC. 6. BOLD P. STEWART. Mr. HART proceeded with his argument in this cause which was before the Court yesterday. - He contended that the three bills upon which the action was brought, formed part of those bills which Mr. Greg,son had accepted on ins own account in relation to the Para transaction. Ile therefore only asked that the plaintiff might, by the injunction,.. be protected from the liability to ansWer'what ought to be considered the separate. debt of Gregson. Mr. SPE xcE followed on the same side. • Mr. INALD, for' the defendant, maintained : that the bills drawn on'account of the Para transaction could not be viewed as a separate,debt of Gregson, because it apvired that the money raised on those bills was lodged hi the hands of Messrs. Barton and Co: the brokers' employed by Bold and Co., for the benefit of that firm. Conceding, however, • that the bills given by Gregson for the purpose of furnishing the outfit to' Para were given without the privity of the plaintiff and his other partner, the defendant affirmed that these bills were in no way connected with the bills upon which the action at law was founded. It was distinctly sworn in the . answer, that the three bills which formed the subject of the proceeding at law against Mr.. Bold were not given by Gregsoni on account of the Para transaction. That denial, he con:ended, Overthrew the equity which the plaintiff had advanced in his bill. The Court rose at two o'clock. :_ .~ VICE-CHANCELLOR'S . COURT, DEC. G. IN RE HOWARD AND GIBES.. This subject was mentioned this morning, for the purpose of fixing a time for hearing the supplemental petition for suve.ntl ing. the •order to choose new assignees till Messrs. Grimstead and Carroll should prove their debts. To-morrow, at three o'clock, ,we s. fixed for the purpose. There was no otha. cuuse of general importance. COURT OF KING'S BENCH, DEC. 6. At Nisi Prins.--.Before the LORD CHIEF .lI:9TICE. WOOLLEY, EXECUTRIX OF WOOLLEY, Y. CLARK, KELLY, AND ANOTiipt. . This was an action of trover. The claim was stated at 40t11. Mr. BROUctitaNt introduced the plaintiff, N; rs. Woolley, as toe relict and executor of Walter Woolley, of Clerkenwell. Walter 'Woolley was by trade a brazier. Clark, the first de fendant, plied the calling of a hairdresser ; the second and third defendants in the record were an auctioneer and his clerk ; and the tort corpplained•of arose out of ch•curnstances something extraordinary. Waiter Woolley (in his lifetime) loved and employed the tfefendant Clark : he made a will, and named the bather hii tfriteciittne • thrrs ars tbition •iiittnittelcentelifdt,e' by anticipation,. all the charms of office ; and went so far (in the fervour of his fancy) as to take u: sin him, presently, state anti dignity, and to meddle (even in Woolity's 'lifetime) with the conduct of his - affilirs. But Woolley did uot.like to be thus Morally buried alive. That the friseut'should "so hunger for his empty chair" displeased ham. Consulting his friends, he found that a brazier (even after making.a was • not irre coverably dead in law ; and he resolved to take steps for assert ing his own existence. Now Clark had 'Woolley's will in his keeping. Woolley sent word • that'he wished to have the will back. - Clark told Woolley that he owed -hint ..411. and deter mined to keep the will as security for his debt. Woolley de dared that he revoked the will. ('_ark did not value the revo cation a hair. Woolley dismissed the barber from his executor ship. The barber defied, him, and -refused to be cashiered. The will was a will, and he (the barber) had it : he (the bar ber).was executor, and executor he would remain. Placed in this very singular situation—a living testator haying his will disputed by an executor—the plaintiff took the obvious rcutedy: as he could not get back the drat will, t ile made a second. .Of toe second will so made, Mrs. Woolley was executrix ; notice of its execution was given to Mr. Clark; and the testator (having now nothing further to arrange) in due course died. Upon that event the firTtdefendant spake. In vain were Mr. Woolley 's dispo , sitions promulgated, in vain was his last will read over to Mr. Clark. The contumacious barber, true as steel to his original de claration, treated the second will as mere waste paper, and pro ceeded to act as executor upon the first. Praha was applied for ; and Mr. Clark succeeded in obtaining it. The property of the • deceased was seized, and Mr. Clark put it into - the hands of the second defendant, Kelly. Mrs. Woolley gave notice to stay operations ; but no attention was paid to tier remonstrance. She • requested at least that the go.ods might not be. sold ; but the flexible barber sold them, even at a loss. At length, by the vigour of Clark's proceedings, Mrs. Woolley (Mr.-Brougham said) was driven to proceed in her turn. She caused the gotten probat to be revoked; she obtained another to be ttrant , ed to herself; under that second and rightful authority she pow brought her action ;- and sought reparat:,: , n for h;:r wrongs from. a jury of her country: • Mr. NOLAN appeared on the part o: the defrr. dar.ts. Kelly 4 he said, was an auctioneer; the third defendant - was . Kelly's agent merely ; and both, having acted under a regular probaa in .the hands of Clark, were (as he submitted) justific'd in what they had done. With respect to Clark himself (i%lr. Noma said), he should at once prove hew. administravit ; and, having applied all proceeds to.the payment of just and regular - debts; that defendant could not stand in a worse situation than execu tor de son tort. _ _ The LORD CHIEF JusTicE differed from Mr. Nolan as to the law of the case. _ _ _ Mr. NOLAN then addressed the jury, aid gave evidence that the third defendant (Kelly, sen.) had taken no part in the transaction. The Jury eventually found against Clark and Kelly, junior, with 4001. damages ; subject to the opinion of the Court upon the law,' and to reference out of Court as to the real amount of damages. THE KING V. CATTIAItINT: SOLOMON 3. This was an indictment for assault : the parties are both in the olillclothes line. Hannah Benjamin (the prosecutrix) detailed the circum stances of the assault. There was a quarrel between witness and Mrs. Solomons. Mrs. Solomons canic to the shop of witness, and said that she was come "to give 'it her well." Mis. Solo mons gave a beating to witness ; and, witness gave Ni rs. Solo mons to the watchman. Cross-examined—Miss Benjamin admitted that she bad done penance at Marylebone Church fin- reflections upon Mrs. So. lomons' p,-rsonal chastity. She did penance, but not in a white sheet ; and she submitted to the penanc , (though unmerited); because a suit in the Ecclesiastical Court was too expensive. Witnesses were celled on Loth sides ; bat the assault did, not appear to have been of a very na i ttra . The jury found the defendant Guilty.. COURT OF COMMON PLEAS, DEC. 6. Sittings zt Nisi Prins before the Curt: v Jt: sT ICE. Etta: and OTHERS WARD: • • The SOLICITOR-OE:4MA', on the iota of the plaintiffs, stated that this was an issue otit of the High (:Dirt of ChaneerVi to try the legitimicy.of the late William Cotten, a lunatic, anti whither he was the lawful son and heir of Wm. Cotton, of the county of Stafford, and of Rebecca Webster, his wife. Oa question was of great importance, as it regarded the purity of Wood of one of the most ancient families or England— the Cot tons, of Shropshire ; and also as it regarded the very large.pro. petty which the decision involved, amounting to not less - than 200,0001. The Jury would perceive at once the length to which the trial must proceed, and the character of the evidence to be ad duced, when he stated to them that the lunatic himself, whose legitimacy they were now to try, was born soon after the begin nine' of the last century, was dead acme years, and had lived to die . advanced age of eighty. He should now call the at tention of the Jury to the family from whom the lunatic was immediately descended., Rowland Cotton,a grandfather of the lunatic, was married about the year 1701, and shortly after William Cotton, the father of the lunatic, was born. - In the year 1726, Rowland Cotton made a family settlement with his son William, by which he stipulated that the large estate of the family was to go by entail to his eldest son—namely, the sail William Cotton, and the father of the lunatic, but with the cx press condition that he should never marry without the consent of his father--namely, of the said Rowland Cotton. Immedi ately after this Wm. Cotton went • abroad and visited several Courts of Europe, with the Duke of Kingston, and did not re turn till the year 173-6 or •1737. Soon after his retain he married. Rebecca Webster, but in consequence of the proviso in the family settlement, he kept his marriage concealed from his fa ther. Upon the event taking place,. he went to live at Owl:- , my, near There-by, in Nottinghamshire, the seat of the Duke of Kingston, and represented to - his father that he was residing there on a visit with the Duke—a circumstance possible enough, from the intimacy that subsisted between the parties. • There he remained till the year 1744, when his father, by so:ne cas ualty, became acquainted with his marriage. In consequence of this a new family setdemeat vas made, from which it would appear that Rowland Cotton became reconciled 'to his son's marriage ; for it was recited in the deed of settlement as hav ing taken place some years past, and various pro Visions were made for the children of that marriage, which recited the order of 'their birth : and the eldest son was William, who had the misfortune to become a lunatic when he was about 34 years of age, and had always been recognised by di ! whole family as the lineal heir of Rowland Cotton, had exei ei led rights of pro perty as such, and was so named in Valbits deeds. When the Jury considered the remote period at which the marriage of William Cotton with Rebecca 'Webster took place, they would find it to be long antecedent to the period of the :Marriage Act which rendered' particular forms and observances necessary. That Act was passed in 1754, and before that time it was sulli dent todegalize a marriage that a priest was in the room when it was solemnized. He (the' Solicitor-fl-eneral) would alley/ , that , thee .Reverend .Ir, Richardson had eliristened the . seae ral children, the issue- of the marriage in question, and in the register, where a distinction •was made between legiti mate, baseborn, sad bastard, no degrading distinction could be found •as applicable to the - present case. He would i.lio chew, that upon one occasion, when the father invited Mr. Richardson to dine with him, 'after having christened one of his -children, he made use of these remarkaide words, that "he hoped. he would soon have the tile:Asia - re of:laving Mrs. Riehaid son as a viaiter at his house, which could not be the case at that, time." Was it likely that he should have expressed hims - 21 1 -thus it' it were not a matter of notof9tv that he was not mar ried ? He would ahoy that, for a series of years, no que;tion had been raised about the legitimuy of l illiam Cotton. nor would one have slew been raised, had not the defandant,'Ma. ' Ward; set up a claim as heir to Evelynathe second brother of the lunatic... He should, however, shew that Evelyn, tinder, whoni the defendant claimed; so far from disputing the titre 0 1 his eldest brother,. had acted on the death of his father as Com mittee for the lunatic before the Chancellor. Now, with thi 4 acknowledgment from Evelyn . - himself, how could any other person claim from bins as his next heir ? He knew not v4 lO • sort of de.fehee would be made on the other side, but the Jul • would form an estimate of it when it came before them. ' A great mass of evidence, both docunientary and viva voce. ! was then offered fOr the plaintiff's, which actupied the Courts:l, whole day. It all went to shew that the father and mother 0 ' the lunatic bore the reputation of having been married at t- 14 time of his birth, and that in his life-time no question had hea' raised about his legitimacy. ' The ,case for the plaintiff closed at six a'clock,when the Co'-'. 4 . adjourned the further consideration till to-morrow (this day.) -On 'Tuesday Tuesday night last',. 'during Om het: vi storm, the house of Mr. PEt.r.Ew,in Kenningtoty green, was broken into, and robbed of propertl to a corsiderable amount. ft appeared that the e robbers had entered by a window at the back 0 - the house into the kitch.n, from whence the,' went to the parlour, which. they cleared of sideboard of plate. They also broke open v , BecrOtaire, and took out of ita.quantity of sove" reigns and silver, leaving in it every thing; how' ever, which could be of no service to them. Thef afterwards with a key, which had been kept i 0 the secretaire, opened an iron chest which hlf below stairs; anti contained old papers aul parchments,. which they turned out in search 0 things of more viklut._to„thein, They must hit,rA been much at theireaie —t wliile in the house, s i they also broke open the wine -cellar, and drani‘ very freely. IS 1 RT • On Tuesday, the 4th instant,,Mvk i Skynner, of Great Part' land-street, of a son. Yesterday, the 6th - instant, at Keii Ireton,, the Lady of Wilberforce, Egl. jun., of a six heir. 111Aii RIE 1). tue 6th instant :Mr. John Lace. Weller', " Yesterday Silver-streei;son of Win. Wdlzr. Esq., cf Anttrsliam, klu- / . (sl to Maria, youngest daughter of M. Fcott, Esq., of Clapb -" Surrey. Yesterday ; the 6th instant, at St. John's, Nackm y, Mr. lif; ' ratio C. A. Hardy of Buxton, to Sart.:ll . eldest daughter of t' late Charts R os4. Esq., shipbuilder.. itriebent - DI .t.;!;. ' 1 Yesterday. the Ctli instant, at Canonbury, aged 7 S 8, a rjll widow of the late Rev. John Ilen,'lntatc of Daldington. , A: On the 17th July, at Valencia, in South America, P-',.' o r wounds . received on the Nth of June, in the decisive batV:_ta Carabobo, Thomas Merton Ferriar, Esq. eldest :son of the I .. c " e, Dr. Ferriar, of Manchester. Colonel in the Columbian s'-' l-r , O l and Adjutant-General of the =my of the Apure :—a feg r ',;,e soldier, and an amiable and high-Minded gentleman. T.°_,... 0 . gallantry with which he led into- action, against vastly dic; portioned numbers, the small corps of British.engagesL"' f ., : , rabobo, the victory of that day is chiefly attributed. il.' a 4 mains were attended to the grave by the Piesident Builv ti Chief Mourner : and a public monument has been de „ gee t t his memory by the Supreme Congress of Colombia . - e ars On Saturday last, at Brompton, of 'r. decline, in his 2 ' ,('''' Mr. George Tkridurnan, late of St. .T ' 0 ....... . lo e ' o.in' Col; , . • .......,—. . --- _,„ Printed and Published, for the Pkioriir — r .:us. oz r 4l '" Orixea,.ll2, Strand, by J. B. CAIL;I'A:HS•