The Sun. — London, England, 1832-03-13 00:00:00

KILKENNY, MARNA' 10. ( FROM OUR CORRESPONIYENT.) Having already communicated to you the result of the Carig Shock, or Knoctopheo, trials at the present asisites, I have but one trial more to relate connected *Mt the state of public feeling in Ireland. say tntnected with the state of public feeling ; for, tiamgh every trial, whether of a criminal or civil nature, has more or less ix floence on the people, the criminal prosecutions 'lt Kil kenny this asszes interests or excites almost every indivi dual in the country to a degree never before observed. Every person with whom yet-. tOttverse, Catholic or Pro testant, Whig or Tory, in. he upper, middle, or lower ranks of society, is prompt in declaring that the decisions of the Juries hero, in the Carig Shock and itim:rection cases, whether for the Crown or against it, must have souse influence on the great struggle for Reform and the aboli tion of 'tithes in Ireland—which 'questions occupy so ex clusively the attentimi o'f the Legislature at this moment. Five men, three of them named Somers, one Eralan, and one Whelan, (the latter a lad scarcely tatXteen years years of age), have been found guilty of a very aggravated burglary and administering whs. It appeared that these persons broke into the hour of an 014 man, named Man- sting, residing with his family near Cast!ecomer, in this county, in January last after night fall. The daughters and wife of this old man proved that he was plated by the culprits, or one of them, on the fire, whVie they en deavoured to txtcrt from him on his oath where his tire- arms were, and also who of his neighbours had fire-arms. The old man was so couch injured by this horrible treat ment, that it was imporaible for him to attend to ete evidence. The witnesses for the prosecution untie: went a very strict and ingenious cro examination, but were not shaken in their testimony. Baron FOSTER, in pronouncing sentence of death, held out no hopes of pardon, but extorted them to prepare for the decree of another tribunal. 'lle three Somers' are ordered for execution Ca 'Saturday next ; Dolan on the 28th of April, thee ing a point of evidence reserved in his favour for the opinion of the twelve Judges in the interim; and Whelan, being recoil' mended to mercy by the Jury, was given to understand tha► his sentence would be commuted to transportation for life. It appeared in the course of the tr . fal that the prisoners were near neighbours of the Meanings ; and that besides the fire-arms which they were in search of, they swished to punish this family her having paid tithes a fee days before. It appeared also, that there was a great number of persons surrounding The house during the tragic scene, and that informations were not sworn for some days from fear of the combination existing in the country. The obi) , other remarkable feature in the transaction is, that after the ver dict was in, the culprits not only declared their innocence, but accused their Attorney and Counsel of not bringing forward all the evidence they could on their behalf. This circums-ance caused a great sensation in the Court, by BO means favourable to the defendants, and drew from the Learned Judge some observations, as to the dilteuit duty which the gentlemen engaged for such persons had to per form in reconciling their own discretion and the prisoners instruction., while exerting themselves for their safety. There is no appearance of riot or disturbance. The convicts and the prisoners are just now (five o'clock) pass ing from the Court-house to the gaol, escorted by a great number of military and police. The precautions taken by the authorities are such as to prevent even an attempt at rescue, or any other lawless proceeding, the possibility of which, however, it teems from the great escort, is apprehended, DUTCH PAPERS. TrIM HAGUE, MARCH 8. The Amsterdam Han 11esb1od contains the follnwing article : " From a quarter from whence we have often derived important communications, and which always bear the stamp of authenticity. we have now learnt that so far as it is possible to penetrate into the very secret negotia tions, his Ma j esty has consented to the formal cession of Belgium, and to the consequent recognition of Leopo'd, on condition of some alterations in the 24 articles, with which Count Orloff will charge himself, in order to obtain the assent both of the Conference and of Belgium. The Breda Courant says that in a few days a begin ning will be made with the distribution of the metal cross among the army and navy, which is cast out of the cannon taken from the Belgians. We have received Java Papers to the 29th of October, which contain no news. AMSTELIDAM, Nov. 7.—Yesterday arrived M. Da vcrzae, Charge d'Affaires of America at the Court of the Netherland., and two couriers from the Austrian Consul, 4t Paris. DUTCH FUNDS. ‘ltat:44 7.—Actual Debt, 2% per cent., 40% 414 ; Amort. Synci., 4% per cent., GA 69 1 i ; Ditto, ditto, 3 1 / 2 per cent., 54!•4 35 4 4 ; Voluntary Loan (1831), 6 percent., 924 93 1 4. MARCH B.—Actual Debt, 2% per cent,. 4074 ; Amort. synd., 4)4 per cent., 69% 7014 ; Ditto, ditto, 31, per cent., 35i 364 ; Voluntary Loan (1831), 6 per cent. ; 934 94N. MARCH 9.—Actual Debt, 234 per cent., 4114 43; Amort. Synd., 4 1 4 per cent., 70)4 71N ; Ditto, ditto, per cent., 56 3614 . ; Voluntary Loan (1831), tr per cent., 84 3 4 95q. HAMBURG, MARC!! 4.—The steam-boar, William .lollitre, which was obliged by the ice to put into Gluck stidt, came up to the city this afternoon. . . MARCH 6.-Here too letters have been received from Trieste, which state that a ship had arrived in eleven days from Constantinople, with the news that the Pacha of Egypt had been outlawed, and that his fleet had returned from St. Jean d'Acre to Alexandria, where the greatest consternation prevailed. WARSAW, FEB. 28.—The following has been pub lished here : "During the disturbances in the kingdom of Poland, mosiderable sums disappeared from the public treasuries, relative to the disposal of which no account has yet been given. The Provisional Government has in consequence established an extraordinary Committee of Inquiry, em powered to receive the accounts of public functionaries and private individuals. The Committee is to consist of President, three Counsellors, and a Secretary. Before March 10, all public functionaries and private in dividuals, whether belonging to the miliatry or the civil classes, or to send in an account of all sums of money received by them from the Bank, the Treasury, or the funds of cities or public institutions, between Nov. 29, 1330, and Sept. 16, 1831. These accounts must be accompanied by a statement of the manner in which the sums have been disposed of ; individuals neglecting so to do will become personally responsible for the same." liamacitG, M. act' 6.—Funds were heavy to-day, there being more sellers than buyers. End of March. Anglo-Danish Loan, 3 per Cent. (33% Anglo-Russian Loan Hamburg ditto 864 Polish Bonds Austrian Bank Shares 1127 Ditto 3.tetalliques New Austrian 4 net Cents ieii —llamburg Reportei. EXCHANGES ON LONDON. IltmotltG, 111RCH 6.-13 12 • two months, 13 1034. PITERSBUIGH, FEL 24.—10Yi. BERLIN, MARCH a—Three months 629. BREMEN, MARCH 2.—Two months, 616. AMSTERDAM, MARCH 9.-11 94; two months, 11 V 5-10. GERMAN PAPERS. VIENNA, FEB. 29. Great agitation was caused today on 'Change, by the news that the French had taken An cona by force, and also taken the administration into their own hands. The Bank Shares fell twenty florins. Great apprehension is felt respecting the consequences of this event which it is feared may produce serious misunder standings. If the affair passed as the accounts report it, one might be inclined to doubt whether the instructions of the French Ministry have been properly followed ; how ever all must be cleared up in a few days. The taking of Ancona by force, -is like an act of hostility to the Pope. It is said a brigade of Swiss is expected at Rome, which :Naples gives up to the Papal Government. Several couriers leave Vienna to-day. The affair at Anemia can• not possibly make a favourable impression at Paris, or tend to the maintenance of the present Ministry and tie preservation of the general peace, for it does no honour to the prudence of Casimir Perier, whose pacific system hitherto approved by the great majority of the French nation, is endangered. by it. Letters to the 12th of February have been received from Constantinople. M. Stratford Canning, who arrived at the latter end of January, who soon afterwards made an ex cursion by sea, and returned to the capital, by which the first report of his having gone to Russia is proved to have been unfounded. The Egyptian expedition to Syria is said to make no progress, for St. Jean d'Acre still bolds out, and the Turkish r.-my is receiving re-inforcements from all quarters. TURKEN IL . (From the Moniteur Ottoman.) Sir Stratford Canning landed here on the 26th of Schabon (29th of January), accompanied by Mehemet Bey, colonel of the sappers, who acted as his mimandar after binel Bey was ordered with his regiment to Koniab, on the day of bis arrival, be gave official notice of it to the Porte, which, according to custom, sent him floWers, confection ary, and fruit. The Timsrli Sp.thi, who form the cavalry of Ereerum, received orders to asserthle in the capital, Were the old and infirm were discharged, and only the younz and vigorous retained to form a new regular regi meat of Timarli cavalry. FAOSTIEB6 Of ITALY, Fzs. news of the 'occupation of Ancona by reach troops has caused greater sensation and alarm than it appears to merit. It ii gene rally affirmed that this step of the French Government. is taken in concert with that of d Austtia, an'A that the two 'Powers have repeater that the occupation of the legations shall ithuie : riately cease when tranquillity and order are pef±tinently restored. It is added that Austria 1.48 t".ec'iared it will reduce the number of its troops to 0,000, and tbat France, on its part, has engaged to send at the most only an equal number. VIENNA, MARCH I.—Fire per Cent?: Sittalligites, 83i; Four per Cents. ; t 51; flank Shires, i,ils. ' , HUI§ OF STOCKS THIS DAY AT ONE O'CLOCk. ank Sreick iii.ii shut New 5 per Cefit. per etmt. Red - 6 per Cent. Cons. 83%3424 Ditto Bonds 1 dis. 354 per Cent - South Sea Stock 92 DU° Red ..........:....•...... shut Old Annuities........- Kew:),Per Cent 91%;i New Ditto... ..... ....-....... 3 per i.,...'nt Ann. 1726 — 1 3 per Cent. Ann. 1751 .... --- ~er Cent. 1826 Rink Long Ann. to expire I Pitt"- .....730 '' - 9 . 1 ,0 Mn. Jan. 5, 1860 — Ditto riii . ;l) • - - ••, 9 10 pm. Oct. 10, 1R59.."..v. ... - Ditto commercial.... ..... —pM. Jan. 5, M1L...16 r 5-16 11=16 Ditto kreeitised .• Jan. 5, 1880.....v.;....'.. •"''. i sank for Account — APril,s, 1860.... ...... ....... .-- 'lndia for Account. — Jain. 5. 1870:tw.......-- !Cons for April 11 ....S4 314% PRI f CtS OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK, Austrian Bonds OO 'Peruvian Bonds ..............104 Belgian Bonds — Ditto At'Co.nt Ditto Scrip .... ON 1 144 pm. ,PM-tAlguese Bonds Ditto Account, 0 , , ,{ re.. 1 Ditto Account... ..... 4934 59 Brazilian Bonds .v.. • 413_5%1 Regency Scrip par Ditto Ati 4 thin . t Ditto Account IA dis. par RlMts Ayres Bonds. lPrussian Bonds — I.4itto Account —; Ditto Account — Chilian Bonds Ditto Bonds, 1822", ...... n Ditto Account. Ditto Actoit - • Columbian Bonds Ditto Bonds, 1824 n, 12 ' Ditto Account 98 7ii Ditto Account...tr, ... . ..... New Loan — Danish tontt,.. 66'4 7I Ditto Account 92% Ditto Account 67 7IA (Spanish Bonds, 1821 M'eek Bonds ... ' Ditto Account — Ditto Bonds, 1 - 825" . ........... 54 293 1 Ditto Bonds, 15.Z.3 l3 ___ 1 , Ditto Account 29% French Renter, sp. c.. —f Mexican Bonds, 5 per cent -- Exchange ...... —f —c. Ditto Account. .........» 2b --z per cent.'...... —f -C. Ditto, 6 per cent.... .. . Exchange —f —c. Ditto Account — IDutch Scrip ..... Neapolitan ....... —,Freneb Scrip . ...... ..... PRICES OT SHARES THIS DAY AT ONE O'CLOCK. Paid. Per Share. Brazilian Imp. Min. Co. (es. at 51. pm.) £2O r,t. John Del Rey Ditto Cocaes 5 English Mining Company 1234 Alliance Fire Insurance Comp 5 Protector Insurance Comp £2O Canada Company . ..y.•...»....»....._ l7 Provincial Barak of I reland 25 5% 2'2 £3 , ,t4 £1 9 0 43% 25•7iX, TO NEWS AGENTS. The Publisher of TIIE Snot requests the favour of the News Agent who supplies Richard Johns, Esq. with THE SUN, to call at the office for a letter. TO CORRESPONDENTS. We daily receive a variety of communications (scarcely one of which is readable) on the subject of Cholera, and must therefore beg leave to decline all such letters in future, unless they come recommended by the signature of some eminent professional character. QUITE NEW-THIS DAY. In 2 vols. post Bro., with a Portrait. Price 21s. TOUR ill GERMANY, HOLLAND, and ENGLAND; forming the Two Concluding Volumes of the TOUR of a GERMAN PRINCE. Comprising—Landon, the Nobility, and their Mansions, &c. the Ascot, Newmarket, Doncaster, and York Races ; and Tour to the North of England, &c. Also, just published, price ISt. A New Edition of Vols. 1 and 2 ; comprising the the Southern and Western Parts of England, Wales, Ire land, and France. " it is not in the description of natural scenes, howes er spi ritedly and well they are done, that the interest of these vo lumes consist. It is in the remarks which the Author makes upon the condition of the people of this country and of Ireland, in comparison with those of his own country."—East Anglian. London : Published by Effingham Wilson, SS, Royal Exchange. nir gw itn _ , LONDON, TUESDAY EVENING. MARCH 13, 1832. The venerable Earl of ELDON edified the House of Lords last night with a very gratuitous eulogium on his own disinterestedness, in the course of which he took the opportunity of alluding to several minor matters appertaining to his conscience, which, his Lordship asserted, " he had satisfied for upwards of forty years." We have not the slightest doubt of the truth of this assertion, for a political conscience is, of all others, the most accommodating and the most easily satisfied. There is nothing low, nothing unreasonable, nothing squeamish, pressing, or astringent, about a " conscience" of this cha racter ; it sits easily and comfortably upon a politician, like a well-made coat o►► a gentleman, neither crippling his movements nor disturbing his digestion. It is pre cisely this sort of " conscience" that the bo roughmongers (like Lord ELDON) have been in the habit of satisfying upwards of fifty years, and most lax and unprincipled, no doubt, is that sense of national morality which will allow them to satisfy it no longer. But it does so happen, why or wherefore we profess not to under stand, that the country's notion of this comprehensive trisyllable is the very anti•. podes of that which the Tories entertain. The people—weak, silly creatures !—imagine that " conscience" in a statesman is that strong, ruling instinct which propels him at all times and seasons to do his best to help his country ; the Tories, that it is the same natural instinct, but differently applied, viz., to their own purposes, to enable them to help themselves. If this be Lord ELDON'S interpretation of the word, we concede that he has been conscientious to the last degree, and that it is not his Lordship's fault if he can be so no longer. As regards Lord PLUNKET, the Marquis of CLANRICA RDE certainly made out a strong case for him. To be sure, his Lordship had taken good care of himself and his kinsfolk ; but then, by so doing, he had not compromised the great, paramount interests of his country. It was not proved,that in order to keep himself and friends in place, he had sworn and re-sworn, not once, but a thousand times, that Catholic Emancipa tion was an iniquity, and Reform the deadliest of the seven deadly sins. Nothing of this sort was alleged against his Lordship. He had only as• sisted his friends when he could do so without detriment to his country. The Duke of WELLINGTON met this question manfully, and with his usual straight-forwardness. A man in office, said his Grace, has a right to assist his relations. Granted ; but under certain restrictions. If, for instance, a post in his gift, the filling up of which is no job, no sinecure, but of absolute service to the public interest, happens to fall vacant, he has a right— provided his relative is competent—to appoint him to the vacant place ; but should this place be a mere sinecure, of no use but to the in.; cOmbeln . , theli vie say, the man in oEhce hiS no right to continue it, simply in or der that he may thereby benefit his kins man. So long as the two interests, public and private, blend together in perfect harmony, well and good but the very moment they are at Vailante, then, in Uroti', name; wt repeat, let individUal gi‘e Way to general good. _ _ We grant, therefore, the justice of Lord PLUNKET'S plea, because we are not yet con vinced that his nepotism has been detrimental to the public interests. As for his having hutherous connections to provide for, so far from being surprised at this, we should be surprised only were it otherwise, for men in office (like parsons) are invariably pro lific ; invariably, too, come of a fruitful stock ; and as occasion requires, can create relatives with far more promptitude than Early GREY is likely to create Peers. The Boroughmongers who still affect to usurp the powers of Government, to domineer and direct all things, announce in their coteries, that the Reform Bill will be permitted to be read a second time in the House of Lords by a majority of TWELVE ! ! If twelve be the ma jority by which the Boroughmongers permit the Bill to be read a second time, one need not rise from the dead to reveal its fate in the Com mittee. There, cut up, and mangled and mutil ated, until rendered a mere caput mortuum, it will become the darling of the Borough mongers, who, after emptying the egg, will, in mockery, present the shell for acceptance by the nation. In consequence of the death of the SPEAKER'S mother, Mrs. MANNERS SUTTON, the House of Commons, from a feeling of laudable courtesy, did not meet last night. A document purporting—we know not with what truth—to be the Boroughmongers' plan of Reform, will be found in another part of the Sun. It is a sad affair, full of contradictions, inconsistencies and beggings of the question. We are inclined, therefore, to think it authentic. As for anything like efficiency, it does not pos sess a particle of it. The Boroughmongers are to continue to ply their old trade, or not, as may suit their fancy ; no positive enfranchise ment or disfranchisement is alluded to ; all is vague, general, anti inconclusive. Anti this meagre dish of spoon-meat, the Ultras think will satisfy the craving appetite of John Bull ! The honest old Gentleman asks for a substan- tial slice of roast beef, and they present him with a basin of water-gruel ! The fools ! They have yet to learn and appreciate the true character of their countrymen. The following article from the Morning Chronicle is so perfectly in accordance with our own opinions, that we hesitate not in giving it a prominent place in our columns. For the sake of Reform—of the Army—and the public feel ing, we could wish the facts had been other wise:— " The Gazette of Tuesday last contained the ap pointment of Major. General the Honourable Sir Charles Greville, K.C.8., to the Colonelcy of the 32d regiment of Foot—a regiment being one of the most valuable gifts in the patronage of the Com mander-in-Chief. We are at all times unwilling to constitute political opinions the test of aptitude for military and naval office; or in commenting on a particular instance of advancement, of which we may disapprove, to depreciate the real merit of an indi vidual. But we have heard from many quarters ex treme surprise expressed on this promotion. Sir Charles Greville was not a dandy soldier—he has we believe, seen more service than many men of his standing; and though he may not possess the reputation of a man of parts, or a commander of genius, he is, nevertheless, justly entitled to the hard-earned character of a gallant officer. But while it is notorious that many men of superior abilities, and of equal standing, have been kept back for politi cal opinion, it is certainly strange that thus early in a Liberal Government such a proposition should be wade. Sir Charles jGreville was the unsuccessful Anti-Reform candidate of the borough of Warwick, at the last general election ; and in a long Parlia mentary career was a silent voter for the Tories •` through thick and thin." His brother Earl War wick, the Tory Lord Lieutenant of Warwickshire, the preceding week, presented an Anti-Reform Ad. dress, (headed by himself) to the King; voted 'n October against the Reform Bill, and with his son in-law, Lord Monson, will repeat the vote. The same Lord Lieutenant notoriously excludes ardent supporters of his Majesty's Ministry from the lieutenancy, Magistracy, and Church preferment, and exercises an exclusive domination in his province. Surely such bestowal of military patronage must be most galling to those who in the county town made political exertions and sacrifices of no common character. The effect on public opinion is also most injurious. A Tory ex-Member from a Liberal Government, receives the ammuni- tion of the public money to fight again his battles against the Ministry and the Reformers! This is what is called " backing your enemies." But the Duke of Wellington, we presume, is Commander-in. Chief; and where Ministers are " working up hill" we suppose it must be overlooked. We thus re luctantly allude to this Extraordinary Gazette, but it is oar public duty; and numerous representations have been made to us, for some time past, on the subject of this department. His Grace is a pow erful man in peace or war." The French papers of Sunday are occupied more with comments than news. The expedi tion to Ancona and its probable consequences, form the subjects of discussion. In the Chamber of Deputies a stormy scene took place, as will be seen by the following : CHAMBER OF DEPUTIES.-S ITTING OF 1111 If 10. M. Martin brought up . the report of the commission charged to examine the project of law upon promotion in the army, which bad been amended by the Chamber of Peers; he proposed the adoption of the greater part of the modifications. Upon the demand of General Leydet, the debate upon the subject was fixed for the first Satur day after the vote of the War Budget. The Order of the Day was the report of petitions. Several reporters were heard. The most remarkable petitions were—that of three hundred and ten inhabitants of Metz, demanding the impeachment of Min!stern, and the immediate recognition of the nationality of Poland. This petition treated a sensa tion in the Chamber, the first part was rejected for the order of the day, and the latter part Was ordered to be submitted to the Council of Ministers. Several French subjects at Hayti demanded that an inquiry be instituted on the nature of the instructions given by the Government to the Consul-General (par interim) in the republic of Hayti. The petitioners complained that the Consul in jured them most serionsly by his unr. fleeting conduct. ORDER OF THE DAY. Several petitions were presented, after which the Cham ber proceeded to the order of the day, which was the con tinuation of the general debate on M. Salverte's proposi tion, relative to the honour, of the Pantheon. M. Gaiton de la Rochefoucauld spoke against the proposition adopted by the commission on the suggestion of M. Vatout, namely, the exclusion of all claims to the honours of the Pantheon, prior to 1789. We must then, observed the orator, eject Voltaire and Rousseau from the Pantheon, and all the philesopbers of the 18th century. M. Vatout supported his amendment. M. de Lameth was astonished that it could he pro proposed to borrow from paganism and from republicanism institutions destined for Christian and Monarchical France. A measure of the importance of the one proposed required to be weighed maturely. It it were accepted, it might b proper to send it back to the Government, in order that the latter may make it the subject of a proposition. The President consulted the Chamber to know whe ther the latter intended to proceed with the debate ; the whole Chamber rose to testify its assent, with the exception of M. de Lameth, who alone voted against further discus sion. The President read Article 1, "In execution of the law of April 10, 1791, the Pantheon shall be once more consecrated to the reception of the remains of the illustrious citizens who shall have deserved well of the country." The Commissiop proposes that there be added to this Article these words, " since July, 1789," and a'so these upon the front of the edifice shall be inscribed, " To great men, a grateful country." M. Gaiton de Larochefoucauld demanded the suppres sion of the words since " since July, 1789." This amend ment was rejected. M. Remusal asked what difference the Commission saw between great men and illustrious citizens. M. De Laborde said that the inscription first adopted could not be changed. Some amendments were adopted, together with the articles 2,3, and 4, of the law. Marshal Clausel proposed an amendment to article 4, namely, that the name of M y should be added to the four other names, and that it should be placed at the head of them. This proposition give rise to a scene of tumult and agitation seldom witnessed; the President was at last forced to raise the sitting amid the protestations of a part of the assembly. Eighty members left their places, and did not retire until nearly all the lights had been put out, and the Chamber was involved in darkness. FRENCH FUNDS, PARIS, MARCII 10.-Five per Cents., 96 f. 70c. fisc. 60c. 50c. 60c. 96f. 50c. 45c. 55c. 60c. 55c. 60c. 80c. 8.5 c. '7oc. 96f. 80c. 85c. 8 c. 90c. 85c. ; Four per Cents., 80f. 50c. ; Three per Cents., I'Bf. '7sc. 80c. 75c. 70c. 75c. 70c. 75c. 85c. 90c. 661. 95c Ulf. 69f. sc. 69f. 69f. 10c. 15c. 25c. 69f. 20c. 25c. ; Bank Stock, 1,642 f. 50c. 1,650 f. 1,644 f; Rente de Naples, 80f. 15c. 10c. 80f. 80f. 10c. 80f sc. 80f. 80f. 10c. 40c. 80f. 55c. 50c. Rom in Five per Cents., 79% % %; Royal Spanish Loan, 78% %; Rentes Perpetuelle d'Espagne, 55% % % % 55% 34 % % 56; Belgian Certificates, 77 77 1 ,E ; Exchange on London, one month s paper, 25f. 50c. • money, 25f. 45c. ; three months, paper, 251. 35c. ; money, 25. 30c.-Cours Authentique. The intelligence in the German Papers, re ceived this morning, is merely corroborative of yesterday's news. The occupation of Ancona by the French has acted like an electric shock on public feeling, not only throughout Italy but Germany. COURT OF CHANCERY.-(THIS DAY.) JUDGMENT Rl' THE LORD CHANCELLOR AND VICE-CHAN". CELLOR ON THE EXTENT OF THE NEW BANKRUPTCY COURTS' JURISDICTION. The LORD CHANCELLOR, on entering the Court, was followed by his Honour the Vice-Chancellor, that they might dispose in judgment of certain questions which were sometime since argued before them both, arising out of the new Bankrupt i ket, and affecting the jurisdiction of his Lordship's Court, his Honour's Court, and the new Bank ruptcy Court. O❑ taking their seats— The. VICE-CHANCELLOR, began—There were (said his Honour) several applications made in different matters in volving questions arising out of the Bankrupt Act which was lately passed, argued before my Lord Chancellor and myself- The first was in EXT'A RTE BENSON IN THE MATTER OF DILWORTH. It seems that in that case the VICE CHANCELLOR had dismissed a petition, with costs, and that then an appeal was presented to the LORI) CHANCELLOR, which c une on to be heard on the 19th of August last, when it was ordered to stand over generally. It remained over till the 12th of January, 1832. It this case it was insisted he• fore us, by Sir EDWARD SUGDEN, for the respondents, that the LORD CHANCELLOR was bound to hear that case, am: that he only could hear it. Mr. BOOTH, on the other side, insisted that the Court below had at least a concur rent jurisdiction, and that the petitioners had a right to exercise their option, as to which Court they would petition. N BIPARTE THE LANCASTER CANAL COMPANY IN THE MATTER OF DILWORTH. It appeared that the petitioner prayed a sale of securities and for leave to prove for a balance beyond what the secu ties might produce, and that the Vice-Chancellor granted the prayer of the petition. Upon looking at the petition of appeal which which was handed up to me while the Master was in pi ogress, 1 observed that my Lord Lyndhurst had affirmed the order, but not upon a ground taken before myself: and the present petition to the Lord Chancellor was presented for a rehearing of the order made by Lord Lyndhurst. In that case also, Sir Edward Sugden insisted that the petition ought to be heard before the Lord Ch incellor, and that he alone could hear it. There was another— EXPARTE LANGSTON IN THE MATTER OF HARDY. Where it appeared the Lord Chancellor had made an order, referring certain matters to Commis sioners, and who had made a report. A p etition was presented in December last, praying that that Report might be confirmed, and it seemed that the petition was called on and marked as part heard before the 11th of January, in the presence of Counsel on both sides. It was stated that Mr. Jacob had appeared as Counsel for the respondents, and that in his presence an order was made adjourning the hearing of the petition ; at the same time it did not appear that that sufferance on his part could be taken as legitimately amounting to a consent that the matter could be beard before the Lord Chancellor, unless by the course of the Court it ought to be so heard. I understood there are other petitions which stand before my Lord Chancellor in this situation. IN TILE MATTER OF JOINER, A BANKRUPT, ET PARTE ELSEE, AND OTHERS. A petition of appeal was presented from an order made by the Vice-Chancellor, afterwards a petition of cross-appeal was presented by the assignees, complain ing of a particular part of the order, which was not brought before the notice of the Appellate Court, by the original petition of appeal. Both the petition of appeal, and the supplemental petition, were presented by those who presented the original petition, which petition prayed that his Lordshi p would make part of the order asked for b y the p etition to the Court below, but which was r,fuse , l by the Vice-Chancellor, and which is made, therefore, a subject of appeal--asking, however, for that order upon new facts—facts for the first time brought forward by the supplemental petition. It also appeared that in the same matter there had been a petition presented, which prayed only consequential direc tions upon a portion of the order made b y the Vice-Chan cellor, against which no p tition has been presented either by the original or the cross appellants. Now, that is the situation in which the matter stands, with respect to which the questions now for decision have been raised. The Act of the Ist and 2d of William IV., upon which the questions have arisen in its preamble recites the Act of the 6th of George IV. " That it is expedient to provide means of administering and distributing the effects of bankrupts, and of determining the questions which, from time to time arise, touching the same, other than are provided by the s a i d Act." And then, "to the end that the rights as well of th e bankrupts themselves as of their creditors may be enforced with as lit t l e d e l ay , expense , and uncertainty as possible, be it enacted, that it shall be lawful for his Majesty to create a Court," and so on. Now its observance there that the very intent which the Legislature declares itself to have in view, is consolidated with that very sentence, which enacts, that it shall be lawful for his Majesty to create a second Court. Then it enacts that the Ju'lges, or ten of them shall form a Court of Rrview, and shall also have power to hear, determine, order, and allow all such matters in bankruptcy as now usually are or lawfully may be brought, by petition or otherwise, be tore the Lord Chancellor ; whether such matters may have arisen before the Vice. Chancellor or elsewhere, except as hereinafter mentioned. `Then by the thitd section it is enacted, that all such matters to be determined in the said Court of Review shall be brought on by way of petition, motion, or special cage ; subject to an appeal to the Lord Chancellor, on matters of law and equity, or on refusal or admission of evidence only; such appeal to be in a special case, and in no other mode whatsoever, except the Lord Chancellor otherwise direct. Then it is provided that the determination of the Judge, in the settlement Of - the ease, shall be final ; and that all appeals to the Lord Chancellor, by virtue of dm said Act, shall be heard by the Lord Chancellor only, and not by any other Judge of the High Court of Chancery. Now it does appear to nib that it is sufficiently to be collected from the enactment in the Ist section, coupled with what is to be found in the 2d and Sd sec ions, that prima facie the jurisdiction of the Lord Chancellor in matters of bankruptcy is taken away—taken away except so far as you can collect from the face of the Act itself, that his Lordship's jurisdiction mot of necessity be pre served. It was said that where there has been an existing, and which may be called a concurrent jurisdiction with the one that is created by the enactment, that that cannot be taken away by express words; and in support of this proposition, the case of Agard v. Cavendish, in Saville's Report, p. 15;4. His HONOUR read the particulars of this case, and then proceeded— Whatever may be tke authority of that case, k seems that a more liberal view of the law has been taken, since in the case of " Kates v. Knight," and " Kates v. M !- fish," in 3d Term Reports, page 442. His Hoxoua stated the particulars of that case. Therefore I conceive that this case, which is a subse quent case, and one that received a great deal of conside ration, does take away the authority which might other wise be due to Agard and Cavendish ; and that which is now to be considered is, whether the intention of the Legislature does sufficiently appear upon the statute, where there are positive words, and no ne gative words. Now, in the present case, the Legislature has declared the intent of all its enactments in the Act. It v has stated the great intention to be that the rights as well of bankrupts themselves as of their creditors, may be enforced with as little delay and uncer tainty as possible—evidently implying that the jurisdic tion which existed down to the time of passing this Act was a jurisdiction which was attended with more expense and more delay and uncertainty than it was thought convenient should be allowed to exist; and there fore to the intent that the law in this particular depart . ment should be exercised with as little delay, and as little expense, and as little uncertainty as possible the new jurisdiction is constituted. Now it does appear to me there would be an inconsistency in saying that generally—that generally a jurisdiction of the Lord Chancellor was intended by the Legis lature to remain after this new jurisdiction was created and so clearly pointed out. I cannot but therefore think that prima facie the jurisdiction of the Lord Chancellor is taken away. But then it is not taken away further than as you can judge from the words of the Act it is taken away ; and when I find that this sitting on the power of the Lord Chancellor Aet. presevs the appelate jurisdiction from the new jurisdiction, it ap- pears to me there would be a gross inconsistency in saying, that with respect to matters which have received the authority of the Lord Chancellor, they should be sub mitted to the viewing powers of the inferior Court. It does appear to me, that inasmuch as there is this appellate jurisdiction presented to the Lord Chancellor—that inas much as throughout the Act there is the originating power reserved in the Lord Chancellor] as to the issuing of every commission that in all cases where the Chancellor has decided a point in bankruptcy, it is not competent fur the Court of Review to call in question that decision. Well, then, the next point will be, if that be a case of ex emption with respect to the decisions that have been made by the Lord Chancellor what is to be said about those decisions which have been made by the Vice-Chancellor. Now, by the Act of Par liament constituting the office of Vice-Chancellor, the Vice-Chancellor has power by express words, to determine not only all matters which by the general course of the Court the Vice-Chancellor might determ'ne, but all those which by virtue of any subsequent Act might be com mitted to the Lord Chancellor. The words are full and dis- tinct upon this point. (His Honour referred to the express words of the Act. ) I apprehend, therefore, here is an express Legislative enactment which puts on an equal footing the order of the Vice-Chancellor made in bankruptcy with an order made by the Lord Chancellor, except so far as the Lord Chancellor shall interfere to reverse an order made by the Vice-Chancellor upon appeal. And it does appear to me that having re gard to the Vice-Chancellor's Act, the same exemption from the operation of the Court of Review upon the orders of the Lord Chancellor in a bankruptcy must he extended to the orders of the Vice- Chancellor in bankruptcy. The sum, therefore, of the opinion which I humbly offer to his Lordship is, that in all cases where the Lord Chancellor has made an order, that order is irrevocable, except by his Lordship's authority ; and that in aq cases it is irrevocable where the order is made by the Vice-Chancellor except by the Lord Chancellor's authority ; but that in all other matters—in all matters where neither the Lord Chancellor's nor the Vice-Chancellor's order has interfered the Court of Review was intended to have jurisdiction. It appears to me, therefore, in applying those general observa tions to the particular cases now under considera tion, the course that ought to be pursued is this— that in ex-parte Benson, in the matter of Dilworth, where the appeal has been presented to the Lord Chan cellor, the appeal should be retained by his Lordship. That in the, case of ex-parte the Lancaster Canal Company, in the matter of Dilworth, where my Lord Lyndhurst affirmed the order of the Vice- Chancellor, though upon a different ground and an ap peal is presented to reverse that order, that the appeal should be heard by the Vice-Chancellor. That in ex-parte Langstown in the matter of Hardy, where the Lord Chancellor made on order referring certain matters to Commissioners to report upon the proceedings taken for the purpose of confirming that report, or opposing that re port, should be removed to the Court below, because I apprehend that that case stands precisely in the grcerhmoauan: c p nde e sl t —l petition grounds—grounds on: : appeal, same situation as an original petition would. Then with respect to those petitions that relate to the matter of Joiner's bankruptcy, that the ori ginalmid the cross petition of appeal should remain to be judged upon by his Lordship, but that the supplementary petitions of appeal, upon new nrhdebsayrndot the iew broughtorthigei original o u rtpetition forward of eoeffov appeal, pwp : aa e ln, Vi d ce- Chancellor, shalleo-t by his Lordship; it being altogether a case precisely the same as if there had been no appeal or cross appeal, but that those facts for the first time had by this petition been brought forward. Then with re spect to the last petition —that of Elsee—it appears to me that inasmuch as it merely brings forward consequential directions arising upon some other proceeding an.l is a part of the original order, from which no appeal has been presented, that that should be heard by the Court of Re view. That is my humble opinion. The Loon CHANCELLOR said have considered this, both at the argument and since, with great care, and have bad the benefit of his Honour's assistance, who has attended to all the questions with great attention and great pins ; and I agree in the conclusion to which he has come on all the points. It is not necessary, in affirming the juris diction of this Court, in respect of the appeals or re hearings of this Court, in matters disposed of either by the Vice-Chancellor or this Court—it is not necessary in affirming that, to disaffirm the decision of the Court of Review. I agree, therefore, with his Honour, the Vice- Chancellor, that that Court has not the jurisdiction nor the power to overrule, nor to treat in any way with matters that have been disposed of by the Chancel lor er the Vice-Chancellor. The words of the second sec tion are certainly extremely large, and would, taken strictly and by themselves, include every thing, and give juris diction fo the Court of Review, in every possible way; but that section is controled by the other words of the Act, and the clear meaning of the Legislature. With respect to the jurisdiction of the Court of Review perspectively—that is to say, in matters arising hence forth under the fiat—l entirely agree with) his Honour, in considering that the jurisdiction of this Court is transferred to the Court of Review ; and that the decision of the Court can subsequently only be con troled by an appeal in the way pointed out. I have had much more doubt on the other point, to which his Honour has addressed himself; but on the whole I COME to the conclusion to which he has done. In adopting the recommendation of his Honour, in which I entirely concur, it is not necessary in dealing with the first two cases to do more than to am the jurisdic tion of this Court. In ex-parte Lan gston in the matter of Hardy, for the reasons stated by his Honour, t l h a e m C Court r P o i f n l i l o e n v i t e h w a t; t l h t e h i f n u k r t a h l ep s o r t ha r o t c h e e is d H i n should Honour ur has taken to the sound distinction in the matter of Joiner, and on the whole, I adopt The Sordc:Toia-Grl mahat. then supposed, that with re commendation.and entirely contour in his Honour's re gard to such matters as the Court had decided it had jurisdiction in, they would find their way again into his Lordship's paper. His Loausuir directed that they should. VICE•CHANCERY COURT-(THIS DAY.) The VICE-CHANCELLOR did not take his seat this morn— ing rill nearly eleven o'clock, having to sit with the Lolls— CrioNcELLoit and give judgment in several bankrupt petitions with respect to the jurisdiction of the Court in B nkruptcy. On MI Honour taking his seat he observed that he thought it would be a convenience to the bar if he did not sit on Friday, as he saw by the votes of the House of Lords the heavy appeal of De Beavoir v. Rhodes, was appointed for hearing on that day, and as most of the leading Counsel at the bar were engaged in it, little or no pt ogres.; would be made in his Court, and from the state of the present cause paper there was no necessity for pressing on the I usiness. His Honour will proceed with motions on Saturday. The Court was occupied the whole morning with the further arguments in the part heard case of Manfield v. Keys. ROLLS COURT.-(THIS DAY.) His Honour the MAszEs. of the ROLLS did not dit to day, in Consequence of indisposition. BANKRUPTCY COURT.-(THIS DAY). COURT OF REVIEW EX PARTE &KILL, IN THE MATTER OF COUPLANY A BANKRUPT. In this case the bankrupt had been a licensed victualler, and kept two public-houses, called the "Lamb and Flag," and the " Leopard," which were deeply mortgaged to Messrs. Reid and Co., the brewers, and Messrs. Wakeling and Co. The petitions of Messrs. Reid and Co., of Wake. ling and Co., and of a Mr. Brown, were beard and dis posed of on a former day, and the question to be decided to-day was as to the costs of the parties, and by whom, and out of what fund they were to be defrayed. Some of the property had been sold, and the proceeds were in the hands of the mortgagees. After bearing Mr. Coe for Maitre. Reid, Mr. Mow- TAGUE for Mr. Brown, and Mr. JACOB for MOW& Wakeling, The COURT ordered that Mr. Brown should pay the costs of such part of the proceedings as related to certain affidavits, which appeared to have been filed after the hearing of the petition, and therefore unnecessary ; as also to pay Messrs. Wakeling's cost of appearing this day, and their further costs, out of the estate ; and of the residue of the estate, Messrs. Reid's costs to be paid. The COURT, in the progress of the discussion, expressed an intention to lay down some rules by which the proceed ings could be more regularly conducted, for in this case there appeared to have been much unnecessary expence. Mr. Justice PELL said now that the case was over he would take the present opportunity of observing, that upon the very next occasion when it should appear to this Court that the licenses of a public-house had been made use of as securities for the repayment of money advanced to the publican, he would take care that the Magistrates who granted the licenses should be made acquainted with the circumst Inas, in order that the licenses might be withheld from the parties. It was a most fraudulent mode of raising money, and as a Magistrate of the county of Middlesex he was determined to do his utmost to put a stop to it. It was not only against the law, but it was contrary to the policy by which licences were granted. He begged to say that he meant to cast no ri flections upon the conduct of the gen tlemen who were concerned in this cause; but in future he should feel it his duty to interpose his authority as a Ma gistrate, in another place, to put a stop to this practice. THE FUNDS.--(THIS DAY.) CITY, TWELVE O'CLOCK. By the Halifax mail arrived this morning, sailed on the 22d February, New Brunswick Papers to the 12th Fe bruary, and Prince Edward's Wand to the Sth February, have la2en received at the North and South American Coffee-house. (From the New Brunswick Papers.) OPEN WAR IN AFRICA. Captain Lawrence, who arrived here yesterday from Africa, states that when he left Gambia, on the 2ld De cember, the British troops and militia had a severe en gagement, which lasted about six hours. The British had upwards of 100 wounded and 20 killed, but reinforce ments were hourly expected. Letters from Trinidad of the 15th December, give a most deplorable account of the state of business in that islan i, owing to the failure of the crops from constant rain. The Ft ench mail this morning, has brought letters from Napoli of the 20th February, which state that a sloop from the French Admiral's ship had arrived there ; the sailors were ill• treated, and the French flag trampled in the mud. Letters from Vienna state that the Porte continues her armaments, and numerous corps are on their march against the Paella of Egypt. The most deplorable anarchy prevails in Greece ; they have the greatest hatred to strangers. From Paris they state that Captain Labeate has left to take the command of the French squadron at Ancona. Accounts from the frontiers of Spain agree in stating that the military movements in that country are proceeding with energy. Catalonia is said to be nearly cleared of troops. The garrisons of Sarragosa and Tarra, consisting of 1,000 men, are marching for Portugal. A traveller who pass.d Lerida on the 26th February says he saw 15 regiments on their way to Portugal. On the 10th another company of Portuguese volunteers h ft Paris to join Don Pedro's expedition. THE FUNDS. The estafette from Paris this morning is of minor impor tance ; it only brings information that a new captain has been appointed to command the French expedition at Ancona. Consols, which left off yesterday at 84 buyers, for the account, opened at the same price this morning ; since which they have receded to 83;4, owing to some sales of stock having been effected. The Market this morning is rather dull. The speculators are anxiously waiting for the arrival of the Dutch steamer, as it is supposed that Count Orloff will be on hoard. In the Foreign Market Greek and Dutch Stocks have improved—Greek 30, Dutch 43k. HALF-PAST ONE. The Money Market evinces still much elasticity. Con sols are at present 834 for Money, and 831 for the Ac count. Money is plentiful, and individuals who had hoarded it up for these last six months, being afraid of the political situation of Europe, seem to be all at once in spired with the confidence that nothing will occur to dis turb harmony, either at home or abroad, and they there fore think it useless to leave their money any longer un employed. In the Foreign Market Dutch Stock maintains its rise, being now 431 to ; Belgium Scrip 1 per cent. premium ; Greek Stock 30 to 31, owing to the final settlement of the Greek question, and large orders from Holland. THREE O'CL OCK. Consols, 83i. FOUR O'CLOCK CLOSING PRICES. Console - Danish 67 Ditto for Account 83i Greek, 1825 1 29 Brazilian Bonds 4:."-!i Mexican, 1825 3l Buenos Ayres... Peruvian Chilian Ditto.... -- Russian 9 71 Columbian 1824 12 Spanish SHIPPING INTELLIGENCE.-(THIS DAY) FROM LLOYD'S. DEAL, MARCH I2.—Wind S.E.—Arrived from the river and remains, the Abercrombie, Robinson, Innes, and Reliance, for China. Arrived from Ramsgate, and remains, the Craiglevar, Ray, for New South Wales. PORTSMOUTH, MARCH 12.—Wind S.—Sailed the Ferguson, Young, for Palmyra •; Loader, for Bengal. FALMOUTH, MARCH 11.—Wind S.—Arrived the Duke of York packet, from Bermuda, sailed '27th January, from H a lif a x 22d ult., spoke same day the Opossum packet. BRIGHTON, :MARCH 11.—Arrived off, the Newton, from Charleston. POOLE, Manor 11.—Arrived the John and Thomas, Cole, from Lisbon. LIVERPOOL, MARCH 11 . — A i ri v ed the Rodney, Haynes, 0 1 b r s d o Industry, s y M‘Neill, f ro m Charleston. from Charleston. Sailed the Hindoo, Pinder, for Bengal. f O port GREENOCK, MARC!' 10.—Arrived th e Gl en b erv i e , J ones . from Demerara. ABERDEEN, MARCH 10.—Arrived the Sylph, W a lker, from, Lisbon. " fr Sratvtahnenaßelvidere, and the H The Pheasant, Clough, from Bengal to lia , nburg i ran on shore to the eastward of Calais on Suoday night, tut it scan e 7. petted would I e got °lithe following tide. " 1.