The Sun. — London, England, 1832-01-19 00:00:00

TRIBUNAL OF FIRST INSTANCE. SUIT FOR ANNULLING THE WILL OF THE DUKE OF BOURBON. THE PRINCES DE ROMAN v. THE DUKE D'AUMALE AND THE BARONESS DE EEUCMERES. CONTINUATION OF THE PROCEEDINGS OF THE SITTING OF THE 13th OF JANUARY. M. Hennequin, the Counsel for the plaintiffs, in reply, continued :—ln the month of August, 1830, in the moment of popular effervescence, the Prince conceived the fear, lest a moment of tumult would deprive him of life, and at the foot of one of his writings is found—" I desire to be buried at Vin cennes, near my unfortunate son." And does not one see (exclaimed the eloquent Advocate) that the piety of this wish does not permit us to accuse the Prince of that act with which his memory has been branded ? And what ! Is the suicide, who abjures his rights to futurity—is he occupied with the thoughts of the future ! How ! that unhappy father is entirely upon the thoughts of his heroic son, and he meditates an act which is to dishonour his own memory. Why is it wished that he demands to be united in the tomb to the Duke d'Enghein, and that he himself, exhibiting a horrid contra , t, should wish to enclose in the same both the sop, who wa; the hope of his name, and the remains of the father, who was about devoting to ignominy the name of the last Conde !—(Great applause.) I understand that emotion from those who hear me: it expresses the genuine sentiments of Frenchmen. The door o the Prince's chamber was closed, and it was neces sary to force it open, in order to enter on the day of his death. This circumstance has been taken as a decided proof of suicide. A ques tion addressed to M. Dupin has thrown the clearest light on that point--" Do you think it possible to draw back from without the bolt which fastens a chamber ?"—" Yes, Sir; M. de Joinville has frequently done it in my presence at St. Leu ; 1 have seen him open and shut a chamber in that manner by means of a very fine silk riband." From the moment that it was proved and demon strated to all that the door could be fastened from without, the cry has been heard—" He was assas sinated !" The Conde! he sought death in battle; but, away from the perils of war, he could not sus tain the thought of it. A noble sentiment attached hlm otherwise to life. Manoury, on the 20th of August, six days before the Prince's death, held a conversa.ion with his Royal Highness on the vene• ration due to him, and the happiness of his not leaving France. His Royal Highness answered Ma ncury, clasping him in his arms," Is it then for me to have any anxieties ? Now, 75 years old, lam on the brink of the grave; but what shall become of those about me The witness adds," The Prince enjoyed only the pleasure of making people happy." One of his household being ill, he kindly inquired how he was. No one can conceive the benefits which he spread around him ; they were immense : he al ways desired them to be kept secret, saying, " A good act divulued has no value." On the 12th of August, 1830. the Prince was spoken to about the fate of M. de Polignac, having fallen into the hands of the victorious revolutionists ; and one observed if he (M. de Polignac) should not deliver himself by suicide ? The Prince answered, "Is it you then, that dare to use such language? Be sure, M. Hortine, that a man of honour will never la) violent [ands on himself—none but a poltroon can do such a thing. What an example for so ciety ! I will not argue that as a Christian merely, although I ought to rest on that, for you know that in religion suicide is reckoned the most enormous of crimes, and how can he who had net given himself time to repent present himself before his God ?" The supposition of suicide, inadmissible in a moral point of view, is again refuted by the physical impossibility of the thing, for it has been proved that the body of the Prince was hanging six f; et four or five inches high from the floor of the chamber ; it is only by raising the arm far above the head that a roan, even of tall stature, could tie the string at such a height. Now, to all persons, espe cially to the Prince, who, in consequence of his wound, could not raise his arm above his head, a chair would be necessary to be placed at the door to cif:et this. But it has been shown that a chair pleced, not at the door of the casement, but at the exterior angle, could not be used in any manner for the consummation of this extremity. And, besides, supposing that the chair had been at the door, it still becomes a question whether the Prince could ascend it without sasietance. A correspondence of many years proves the Prince's infirmity for that purpose. From a letter which has been cited, it has been seen that in 1825, at the coronation at Rheims, he considered it as a sort of miracle that he was able to ascend the steep steps of the throne. Manoury has remarked that the Prince could not ascend the steps of the grand staircase but with infinite pain; that he rested after each step, and supported him self with his cane. Another difficulty of this matter arises from the arrangement of the sus pending cords. In 1793 the Prince received a sabre wound in his right hand, which cut the tendons of his three fingers, and though perfectly cured, yet, as M. de Querriey said, it would be perfectly impos sible for him to make the knots. He had also his lift collier broken, and not being able to raise his left band as high as his head, he would find it impos aibta to form the knots, especially of the first hand kerchief. In these knots, all the witnesses reco , - nixed a weaver's knot. One only of them the tailor, did not say that these knots were doll-knots (muds de poupee), but that they appeared to him to be doll-knots. You have heard, gentlemen, of the Prince's love of the chase, and particularly of what they call " lc coup du Roi ;" but two different things are here compounded—the exactness of the coup d'ted and the flexibility of the body. The example is badly chosen—it is explained in the pleadings that, to diaw the coup du Roi, the Prince was re duced, by the impossibility of raising his arm, to the necessity of turning himself backwards. We must admit that Princes have an insurmountable inapti tude for these things—men placed, as they are in qtr elevated state, are by the nature of their situa tion exempt from doing by themselves a multitude of things which give aptitude. It was this evil which betrayed the illustrious victims in the march from Varennes. This inaptitude (mal addresse), which I tall peculiar to Princes, was a chief ingredient in the character of the Duke de Bourbon, and we have many proofs of it. Aubrey deposed to the following facts : The Prince was with him in a boat ; " a cord of the boat being broken, I requested the Prince to tie aknot ; he tried to do so three or four times in vain, and although I showed him the manner of doing it, he could never accomplish it, the knot he made always opening; it was well demonstrated that his High ness could not tie a permanent knot." Echette, the valet, deposed that the Prince could not tie his own shoestrings. And is it, in the face of all these facts, that it is asked why the Princes de Bohan have in stituted this process? This proceeding is the work of law and of facts. By them we have been led on insensibly to the path we are now pursuing, and which we will pursue with perseverance. When, on the 12th of Augst, we have seen the Prince con demn suicide with all that elevation of mind and energy of conscience—when we have seen him, yet later, composed with regard to the fate of Charles X., and restored to his usual tranquillity—when we attend, on the 26th, at the reception of M. de Cosse r.-when we follow the Prince to his sports—when we listen to his words, " on the morrow"—when we find, by his watch wound up, a proof that be looked to the morrow—when his handkerchief, knotted in the corner, tells us that he had some project for the morrow—when we know that he l ex- 1 ex pected M. de Chou lor, that he had given orders for at ten o'clock, and afterwards at eight—no doubt with any other view than that of attending to remove his corpse—when we know that a man so exact, so positive, has not written a word, not a single word, to remove suspicion from the objects of his friend ship and benevolent protection—when, again, we come to examine his life, and learn that such was the physical impossibility of the case, that Provi deuce must have given him a sudden capaeity to commi t suicide—when we know, that, both in battle and in the chase, he received many wonnds, which made it impossible for him to raise his arms— when we know that age disabled him from raising his feet,—when we see the feebleness of old age, and find it occupied in his chamber only about those things which betoken tranquillity and ease,—when nothing on his part reveals any other prospects than those of the morrow,—when we hear all who know him express in a voice, "He has been assassinated !" —when, finally, laying out of account interest, which explains all, laying out of account three persons led on by the seductions of friendship, we see no one of those who were witnesses of the Prince's life who does not protest against the idea of suicide. What do you ask of me, an humble individual, and without any light but that from the facts ! You ask, what to me is impossible, that I should renounce my ideas and my conscience, and that I should proclaim as true what reason and conscience tell me not to believe. If I am in error, I am an incorrigible victim of it. Yes, I proclaim also, that assassination is the only way to explain a death which the supposition of suicide cannot explain. That is my conviction ; I impose that belief on myself. I know it from a painful duty, which I shall endeavour to fulfil to the end. It tells me to retrace to you all that which makes against the idea of suicide. That is my con viction ;it is contagious perhaps—it is with pain you now resist it. I now proceed from the exa mination of general charges to particular and pre cise deductions. M. Hennequin then proceeds to examine the Procedure Institute at Paris, and pane gyrises M. La Huproye for the diligent care be stowed by him on that inquiry. He next repels the charges against him in consequence of his publica tion. After dwelling thus on the criminal charge for five hours, M. Hennequin asks an adjournment of eight days to finish his reply to MM. Lavaux and Dupin, upon the civil branch of the process. The cause was then adjourned for a week. PARIS, JAN. 16. (Fram the Times' Private Correspondent.) I hare already told you that the system of the 13th of March is destined to end with M. Perier. In fact, he has been so prodigal in the use of his power, that when he leaves office his means of Ad ministration will be exhausted. It will, therefore, be impossible for any of his party to succeed him, and very difficult for his adversaries, as they will be burdened with the inheritance of all his errors. By his deceptions and his expenditure, he continues the work of the restoration, which so completely che rished in the people a disposition to disobedience and contempt of authority. Reflect for a moment on the alarming progress which this spirit is making in France. On every point the Government is attacked in the very foun dation of its existence—that is to say, in the re venue. The duty on liquors fell heavy on the poor, and it was reduced 40,000,000. To replace this sum the Chamber voted a kind of personal impost, a part of which also bears hard on the poor. Accord ingly, this new burden is almost everywhere opposed. In general the people refuse to pay, and in some places they show the collectors cartridges instead of money. At the same time the duties on liquors are now as violently resisted in the South as they were before the reduction, and at Strasburg a part of the National Guard lately turned out to oppose the tax on the importation of foreign cattle. The Minister finds himself every moment placed in a difficult situation between the necessities of his sys• tern and the distress of the people. He is there fore obliged to allow the law to bend before rebel lion. I do not blame him for this, since he cannot do otherwise; hut, recollect, this is what he calls "establishing legal order." In the situation of men's minds and things, there is one Reform which is urgent and imperious, and which must be brought about at all hazards; that Reform is the reduction of the public burdens. On this point all parties in France are agreed; I mean all except the Ministers, who, through the medium of the Reporter on the Budget, declared that eco nomy is on their part impossible. This is easily understood. All things must have their connexion in a system, and aristocracy and expense are synony mous. But the state of the country proves that it is impossible the taxes can be paid. Between the two impossibilities, then, what is to happen, — which must yield The position of the Government with respect to public opinion appears to me completely similar to that in which Charles X. was placed before the ordinances. The adversaries of the present Govern ment attack it with ardour, and a constancy ani mated by a conviction that the system is fatal, and perhaps mortal, to the country. Its partisans, on the contrary, consist of men of a wavering and floating character, the friends of every sort of au thority, and the small number of favourites and suc cessful adventurers who are interested in keeping things as they are. They support the Government, as they say, for fear of something worse; but at the same time they admit that what they defend is bad, and that better might be done. This senti ment is so general in the class which I describe to you, that it is commonly expressed by the Deputies of the centre'. Their friends and enemies are all equally of opinion that the Government cannot with stand the twofold operations of its own errors, and the attacks of the opposition. When the day of serious danger comes, no one will expose himself for it, because no one puts faith in its duration. This state of things is so extraordinary, that you will perhaps find it difficult to believe what I say ; but I have stated positive facts, and if you wish to be assured of my veracity, you may write to any person in Paris who pays attention to public affairs. You will thus ascertain whether I have overcharged the picture. The disclosures of .11. Bouvier Dumolard have shown the public how M. Perier, the Minister, em ploys his authority for the advantage of M. Peller the landed proprietor. Here I shall let the Ex-Pre feet speak for himself : " The Perier family possesses property in the pe ninsula of Perrache (at Lyons). The family was desirous that the new court should be built on this property, and brought me into communication with one of their correspondents who was employed to plead this cause with me. One of the brothers even wrote to me in a very urgent manner, proposing to me ' to ruin a populous district to serve a desert,' I refused to lend myself to this injustice, and there fore they hate me." These imputations speak for themselves, and re quire no reflection on my part. They have made such an impression, that many persons are now dis posed to explain M. Perier's political conduct by reference to his private interests. D. It is reported that among those who will shortly be elevated to the peerage are Lords SANDON and WEratou'rn ; the Hon. Mr. FOLEY, Member for Droit wich ; Sir EDWARD BLOUNT, and Sir EDWARD CO. DEINGTON. NEW PEERS.—Among the names connected with Scotland, which are talked of as likely to be in cluded in the new elevation, we have heard mentioned Sir JOHN DALRYMPLE, Mr. FaßcusoN, of Raith, Sir JOHN MAXWELL, of Pollock, Mr. HURRAY, of Broughton, Sir WILLIAM ELLIOT, &C. &c. The applications are said to be very numerous. —Caledonian Mercury. Lord LYNDHURST is to be the Leader of the Opposition in the House of Lords, and will probably, r though not very consistently, inveigh against the creation of new Peers. His Lordship commenced his political ca. , reer as an ultra Whig, and is now an ultra Tory of the first class. He was a Reformer, he is now an Anti-Re former—What next 9 —Morning Paper. CLERICAL INTERFERENCE.—The Devon shire Anti-Reform petition has affixed to it the names of Lord MOUNT-EnarcumuE, BEVERLEY, CARNAEVON, EXMOUTH, ROLLE, DARLINGTON, VALLETORT, and HENRY KERR.— The document also has the signature of not less than eighty-seven clergymen.—Morning Paper. We are requested to state that the second and concluding volume of GAatticx's Private Correspondence, with the most eminent men of his time, is now ready for deliver} at the various Booksellers. COURT OF BANKRUPTCY, WESTMIN- STER, JAN. IS. JURISDICTION OF THE COURT. It will be recollected that on the passing of the Act under which the Court of Bankruptcy is constituted, it was held out by its friends in both Houses of Parliament that one of the objects it would accomplish would be the immediate transfer of all bankruptcy business from the Court of Chancery to the new Court, to the great advantage of suitors not only in bankruptcy but of every other descrip tion. The decision of the Court of Review on Saturday, that it could not hear petitions presented to the Lord Chan cellor, and directed by his Lordship to be heard before himself, without having his Lordship's authority for so doing, preventing the attainment of the object above-men tioned, has, we suppose, given rise to the following order, which was read in the Court this morning, on the Judges taking their seats : " COURT OF REVIEW. " January If. " It is ordered that all petitions now pending before the Lord Chancellor in matters of bankruptcy, may be set down for hear ing in the Court of Review, upon motion for that purpose. " T. ERSKINE, C. J. " A. PELL, J. " T. CROSS, J. " G. ROSE, J." " Approved : and lel my' secretary of bankrupts attend the Court of Review with any petitions, copies of petitions, affida— vits, or other documents, as the said Court may direct. "Jan. 17, 1332. " BROUGHAM, C." Mr. MoNT.sou begged to ask whether the motion was to be upon notice to the other party? It was determined by the Lord Chancellor that motions might be made be fore the Vice-Chancellor without notice, as they occa sioned expense and delay. The CHIEF JUSTICE—Without notice: but if you make use of affidavits not filed with the Registrar of the Court of Review, you must give them notice of that. IN THE HATTER OF STEWART. The circumstances out of which the application to the Court in this case arose are briefly these:—On Saturday last Mr. Beck, a solicitor in London, received from Sir Anthony Lechmere and others, bankers at Worcester, and petitioning creditors against Stewart, an alleged bankrupt, tbe necessary document for making him a bankrupt. In them, however, the word " commission" was used instead of the word " fiat." Upon seeing this the Secretary to the Lord Chancellor said to Mr. Beck, as well as to seve ral other solicitors, who were similarly circumstanced, that they must amend their documents, and substitute the word " fiat" for the word " commission ;" and it was under stood at the Bankrupt-office that Mr. Beck should have four days' time to procure the necessary alterations to be made. He accordingly sent down to Worcester, and yes terday, having received fresh documents, went to the Se cretary of Bankrupts with them, but Messrs. Leigh, soli citors, having the day before struck anotker docket on be half of some London creditors, that officer refused to issue the fiat upon this new docket without the authority of the Court. _ Mr. ROMILLY now moved the Court to direct the Se cretary of Bankrupts to prepare and procure the Lord Chancellor's fiat on the docket struck by the first applicant on Saturday last, contending that the error was merely clerical—that his clients had used all speed in rectifying it—and that, residing in the country at the distance they did, such au error, considering that the orders of the Court were not promulgated till the 12th, ought not to give other creditors a priority over them, merely because they were near enough to the seat of justice to take ad vantage of it. Mr. MONTAGU appeared to oppose the application. The question was, which of two dockets should be preferred, and he apprehended that, both upon the law and upon the facts, it should be decided in his favour. It was a rule of law that the first regular docket should be preferred, as might be seen in the case " ex-parte Stokes," in let Glynn and Jameson, 249; as also in that of " ex-parte Hardman," in Jacob and Walker, 294. There was ano ther rule in his favour, which was, that when there were two regular applications, the parties in one of which were prepared to proceed on the flit, and the others were not, those who were prepared to proceed shou'd have the priority. This was founded upon an order of Lord Erskine's, dated the 29th of Dec. 1806, which al,o stated that where both parties were prepared to proceed, the question should be decided by lot. Now in this case his client's docket was regular, and they were prepared to proceed, whereas the docket of the other side was not regular, and they were not prepared to proceed. His affidavit stated the consideration for the debt which that of the other side did not. The docket struck by his clients was on behalf of the London creditors, who were far more numerous than those in the country, and the working of a commission in London was always more advantageous to the creditors at large than the working of one in the country. Supposing that this was a clerical error, those who had made it raust suffer for it, and they did not pretend to say that they were not aware of the change in form that had taken place; indeed, they must have been aware of it, for the order for the alteration was published, in fact, on the 11th, and, as appeared by documents in the Court, was acted upon at Manchester, and might, therefore, as well have been at Worcester. The CHIEF JUSTICE said, that the Court being unani mously of opinion that the applicant might be allowed to strike his docket and have his fiat, would not trouble Mr. Romilly to reply. It was not absolutely essential that the affidavit should state the consideration for the debt. The cases and order referred to by Mr. Montagu, contemplated two parties applying together, but here one came on the Saturday, and the other on the Monday. It appeared to bins doubtful whether the Chancellor might not have issued his fiat on the first papers presented, particularly on reference to the 12th and 16th sections of the Act, which fitted every part of the machinery applicable to a commission of bankrupt to a fiat : but whether the Chan cellor might or might not have done so, he thought the applicant ought to be placed in the same situation as if the Secretary of Bankrupts had allowed his first docu ments to pass. Mr. Justice PELL-The order for the alteration was not issued by the Court till the 12th, and it was the ❑ext day that the parties iu the country sent up their papers. It was but fair to conclude, although they did not say ' so, that they did not know of the order. If they had known of it, there could not possibly be any reason for not using the word " fiat" instead of the word " com- mission." Mr. Justice CROSS and Mr. Justice ROSE expressed similar opinions. IN THE MATTER OF lIELMSEY. The applicant in this case was a bankrupt, who at the close of an examination before the Cominissicners at Liver pool o❑ the 341 of January last, was arrested in the Com inissioners'-room on a capias ut legatuni. Mr. Kos now applied for his discharge, on the grounds that he was protected, not only by the Commissioners' protection, but by the common law, which must consider him as a witness summoned to be examined before the Commissioners for the benefit of the creditors ; and it had been decided that the common law protected a witness against any civil process, even though issued by the Crown. Mr. IlicriAnos opposed the application, on the ground that although the original demand was one of debt, yet the applicant having been outlawed and taken under a capias ut legatunt, he was not protected either by the Commis sioners or the common law. - " The COURT took time to consider of its judgment. ADMISSION OF ATTORNIES. Mr. KNIGHT applied on behalf of Mr. Swaine, an attorney, to be admitted to practice in the Court, and to be enrolled, upon being sworn as to the truth of his affi davit, by a Master in Chancery, being unable to attend the Court personally from bodily infirmity --Ordered ac•• cordiugly.—Adjourned. (Before Mr. Commissioner HOLR.OYD.) LEECH'S COMMISSION. One of the largest meetings of creditors that has oc curred for some time past was held on Tuesday afternoon under a commission of bankruptcy issued against Mr. Leech, the proprietor of the London Coffee-house, Lud gate-hill. The more interest was attached to the pro ceedings, as this was the day fixed for the choice of as signees, and the debts being to so large an amount. Not less than three lists for assignees were handed about. The proof of debts was continued for three hours. Among the proofs were the following :--Mr. Alderman Lucas, 12,283/. 9s. 9d. (a trustee account) ; Mr. Morgan, 3,4921. ; Alderman Farebrother, 661. ; Mr. Vi ors, builder, 1,212/. ; Mr. Druce, I,lBB'. ; Mr. Hayword, 1,0411. ; Mr. Willows, fishmonger, 1,110/., Mr. Stark, jun., 1,058/. ; Mr. Tickner, 545/. ; Mr. Lovegrove, of the Crown and Sceptre, Greenwich, 1,000/. ; Mr. Cole man, 2,000/. On the first meeting Mr. Rae proved for about 1 0 ,000/., and Mr. Smith for 9,600/, for wines ; and Mr. Rich, of Ludgate-hill, for 2 ,390/. for venison, &c. Mr. Way proved for 4,529/, &c. The total amount of debts pmved on the first meeting of the creditors and to day amounted to 12,0001. The whole of the debts against the bankrupt are above 100,0001. Mr. MoNrActr, at some length, examined Mr. Stark on the subject of his debt. Mr. Stark answered that he had another debt of 2,760/., for which the bankrupt had placed in his bands wine-warrants, and a bond of Lord Stirling's. These wine-warrants had nothing to do with tile claim he now made for 800/. Proof was allowed. Considerable discussion took place on the choice of as signees. Mr. Alderman Lucas, as one of the trustees un der the will of the late Mr, Leech, had no inclination to serve as assignee ; but if he could in any way assist the estate for the benefit of the numerous creditors, he would serve. The dividend expected is very small. On the casting up of the signatures of creditors to the lists for assignees, it appeared that out of 62,000/. proved, 61,000/. were in favour of the list, comprising the names of Mr. Alderman Lucas, Mr. Stark, sen., Mr. Vigor., and Mr. Smith, sen. These gentlemen were appointed. The Provisional Assignee stated that he bad taken an inventory of the wine, plate, and linen in the coffee-house to the extent of 11,000/. The failure of Mr. Leech has caused the utmost surprise among all the tradesmen with whom he dealt in the city generally. The proceedings were adjourned. During the day the solicitor to the estate had his great coat stolen, Mr. Wilkinson had his pockets cut, and a gen tleman lost his watch. SUPPLEMENT to the LONDON GAZETTE of TUESDAY, JAN. 17, dated WEDNESDAY, JAN. 18. The names of the several persons nominated by the Judges of the respective Circuits in Wales, as proper persons to serve the office of Sheriff for the present year, for the respective counties following : BRECONSIIIRE.—David Price, of Brecon, Esq. ; James Price Gwynne Holford, of Buckland, Esq. ; John Lloyd, of Dinas, Esq. CARn►GAtisutßE.—Thomas Hugh Jones, of Noyadd, Esq. ; Henry Lewis Edwards Gwynne, of Lanley, Esq. ; Thomas Francis Gibb, of Hendrefelen, Esq. . _ CiRNIARTHENSIIIRE.—The Hon. George Rice Trevor, of Dyne. vor Castle ; John Lavelyn Puxley, of Lletherllestry, Esq. John Walters Philips, of Aberglasney, Esq. _ GIAMORGANSHIRE.—Frederick Fredericks, of Duffryn, Esq.: Thomas Penrice, of Kilvrough House, Esq. ; Wyndham Lewis, of Green Meadow, Esq. PF.MBROKESUIRE.—Thomas Hambett, of Fishguard, Esq. ; David Davis, of Carnaehenwen, Esq. ; John Henry Philipps, of Williamston, Esq. RADNORSHIRE.—WiIIiam David Field, of Bryncamblo, Esq. ; Thomas Evans, of Llwnbarried, Esq. ; Thomas Prickard, of Dderw. NATIONAL POLITICAL UNION. The weekly meeting of the Council of this Union was held last night at their rooms in Leicester-square, and was respectably and very numerously attended. Mr. THOMAS BOWYER. was in the chair. Mr. GEORGE ROGERS moved that the reading-room of the Council should be opened to the members of the Union from two to ten o'clock p. m. on every Sunday. Mr. PERRY seconded the motion. Mr. LANE warmly opposed it, because he considered it an infraction of that law of God which desires us not to do our own work on the Sabbath day. He considered poli tical pursuits on that day were inimical to religious feelings. Mr. DETROSIER supported the motion in an animated speech, and contended from the same Scriptures that the Sabbath was made for man, not man for the Sabbath ; and contended that the best way of promoting piety was pro moting knowledge. The Rev. Mr. Fox considered that all had the same end in pursuit, though they differed in the means. He considered all had a right to take advantage who might choose; but the object of the present motion was, that all may who will attend. The liberty of reading could not be withheld from any individual in his ow❑ library what he pleased, and why should a society of individuals be re stricted in public from exercising that right which they enjoyed and exercised in private ? Mr. PLACE considered the motion in strict conformity with the rules of the Union—to ameliorate the condition of the working classes, and diffuse sound knowledge and moral information. He therefore could see no reasonable objection. It knight do much good, and could do little harm. He himself had received most of his political in• formation at a similar time from a similar source. The motion passed unanimously. Mr. C. THOMAS proposed an address to his Majesty, re questing he would exert his prerogative of mercy in behalf of the unfortunate men who have been condemned at Bristol and Nottingham. Death, as a punishment for po litical offences, he severely condemned ; and when exerted in the present instances, he considered aki❑ to murder. The men were unfortunately made victims to the obsti nacy of others, or the fervour of their own political prin ciples. He considered them sacrificed to political expe diency ; and as the Judges at both places avowed, that as the worst characters in the affair could not be found, they were bound to condemn the worst that could be found. Messrs. Drake, Detrosier, Taylor, and Fox, followed in support of the petition. Mr. Thomas Murphy also spoke at considerable length. The address was agreed to, subject to the revision of the Committee of the Council, and ordered to be signed by as mAny as possible of the Union. THE TITHE SYSTEM IN IRELAND. On Sunday, the Bth inst., a notice to the following effect was po•ted on the chapel of Bells, county of Meath " NOTICE. " Brave hurlers of the county Kilkenny, keep up your courage and persevere. There are 40,000 inert well pre pared and firmly determined to join you in the counties of We:fold and Carlow. Send notices to New Ross and Graigue, and they shall be with you in 24 hours. Any man that pap; tithes, or does not join you to defeat the supporters of that damnable imposition, is a traitor, and an enemy to the country, and you ought to pour the vial of your vengeance imrnediitely upon him. "Inniscorthy, Jaa. 4." " N.B. Any person that takes down this bill will incur the displeasure of the Supreme Degree." This document differs from the general run of" notices," in the superiority of its orthography. Enniscorphy is the only word mis-spelled ; " Inniscorthy" being very old style. Notwithstanding the denunciation, a policeman tore it down. In the North, the farmers and peasantry are emulating the opposition of the South to tithes, but in a more peaceable course of proceeding. A resolution was lately entered into by the people, not to deal with a publican in Caller, who is engaged in col lecting tithes; the consequence is, the man's business is knocked up.—Limerick Post. Gerald Fitzgerald, Esq., chief magistrate of Police at Thurles, is summoned to attend the Parliamentary Com mittee on Irish tithes. Last week, pursuant to requisition the great meeting of the parish of Ballyadams, for the abolition of tithes, took place at Corbally-house. It was attended by all the leading and influential Catholic landed proprietors, while some Protestant gentlemen took a leading part in the pro ceedings. Several thousand persons were present.— Car low Sentinel. Sunday last, according to requisition, a meeting of the farmers, &c., of the parish of Newtown, near Carrick on-Suir, fur the purpose of opposing the payment of tithes in every legal and constitutional way in their power, was held in the chapel, immediately atter mass, Mr. Michael Wall, of Mainstown, in the chair. Several strong reso lutions were passed, and a petition, adopted to be presented by Mr. O'Connell, in which it is stated that they think it oppressive and unjust to contribute to the support of a class of men from whom they receive nothing in return ; par ticularly by them, there being neither a Protestant clergy man, a Protestant, or a church in their parish.-- Water ford Chronicle. On Monday an immense number of country people con gregated between Mullinahone and Freshford. Several speeches were delivered on the occasion, and resolutions entered into, by which they pledged themselves, that in case the military were sent among them to assist in the collection of tithes, they should share the fate of the police of Knoctopher. near Carlow, fa2re,OwOOdaypserssionnese, aosnsetihnebled same C e t sui) i j a e tl e e t al . ermot, where theyal;oosserbk way.press ed a fixed determination to resist ti th e s i n every The parish of Tacutnshane (county Wexford), is again about to lead the way in petitioning the Legislature for the total abolition of the intolerable burden of tithes.—Wex ford Independent. A notice was posted last Sunday on the Chapel of Dumore East, warning the people against paying tithes, and threatening death to the clerk of the chapel if he did not publish it in English and Irish.— Waterford Chron. A requisition, already very numerously and respectably signed, is in progress, calling on the independent inhabi tants of Carlow parish to meet on Sunday, for the purpose of adopting legal and constitutional measure:a for the total abolition of the hated tithe system.— Carlow Post. A meeting of the public spirited and respectable inha bitants of Crook town (county of Kildare) will be held on Sunday to discuss the horrors of tithe. Petitions to both Houses of Parliament, and a setieN of resolutions, will be submitted for the approbation of the meeting.— Carl4.)u.. Post. At the quarter aes•ions of Athy, on Monday and Tues day, several tithe cases were called, but no professional man could be found to proceed with them at any fee. 1-low ungracious must be the task, when even the attor neys refuse the fees. These are certainly strange times. Carlow Post. Sir ROBERT and Lady PEEL and family are expected to-day at the residence of the Right Hon. Baronet in Privy-gardens, from his seat, Drayton Man.' . House, near Tamworth, in Staffordshire, IMPERIAL PARLIAMENT. HO USE OF COMMONS, JANUARY 18. There not beiug more than 35 Members present at Four o'clock, the House stands adjourned till to-morrow. The Hon. Alember who spoke on Tuesday evening re specting the amount of fees paid by Magistrates of Middle sex, and whose name was unknown to our reporter, was Mr. Mackinnon, Member for Lymington. COURT-CIRCULAR, Their Royal Highnesses the Duchess of KENT and the Princess VICTORIA rode at Mr. FOZARD'e Riding-school yesterday. Her Royal Highness the Princess SoPIHA MATILDA came from Blackheath yesterday, to visit the Duchess of KENT and the Princess VICTORIA, at the King's Palace, at Kensington. A deputation of merchants trailing to the Mauritius, headed by Mr. BARCLAY, attended at the Colonial-office yesterday, and had a conference with Viscount GODERICII. Viscount MELBOURNE entertained the Cabinet Ministers at dinner last evening at his residence in South-street. Mr. MAYERS, the agent for Barbadoes, had an interview yesterday with Viscount GODERICH at the Colonial-office. The Spanish Minister visited Viscount PALMERSTON yesterday, at the Foreign•offiae. Lord AUCKLAND, the President of the Board of Trade, transacted business at the Foreign-office. The Bishop of LLANDArr transacted business at the Colonial-office yesterday. BRIGHTON, JAN. 18. Yesterday the KING gave audience to Rear-Admiral Roon. His MAJESTY, accompanied by the Countess of ERROL, rode out along the Marine Parade to Kemp Town, and returned to the Palace at half-past three o'clock. Her MAJESTY has nearly recovered from the effects of the cold with which she has recently been afflicted, but has not as yet resumed her accustomed carriage airings. The Royal dinner party last evening at the Palace was formed by the Suite and Household. Dr. Kuraa arrived last evening at the Palace. Sir HENRY WHEATLEY took leave of their MAJESTIES yesterday morning, and left for St. James's Palace and Hampton Court. In consequence of Lady MARY Fox being confined to her room with a cold, Lieut.-Colonel Fox arrived last evening at the Palace, from London. Lord FALKLAND will return to the Palace on Friday evening. The Duke and Duchess of ST. ALaaw's purpose remain ing here until the end of the neat month. Mrs. FITZHIRDERT has entsrtaiaed several of the no biiity and gentry within the last week. This amiable lady has been honoured with frequent invitations to the Palace. FASHIONABLE INTELLIGENCE. ARRIVALS. Lord and Lady Eliot, in Dover street, from their seat, Port Eliot, Cornwall ; the Earl of Haddington and family, at Thomas's Hotel, Berkeley-square, from their seat in Scotland ; Mr. and Mrs. Addeley and family, at ditto, from their seat in Devonshire; Mr. and Mrs. Gambier, at ditto, from New market ; Charles Greville, Esq., in Brunswick-square, from a tour ; Captain and Lady Agnes Byng, in Eaton-square, from Wroth= Park, near Barnet; the Rev. Mr. and Mrs. 'rower, at Fenton's Hotel, St. James's street, from Essex ; John Greaves, Esq., at ditto, from Somersetshire ; Edward Haxtopp, Esq., and friends, at Symmonds's Hotel, St. James's-street, from his seat, Dalby - hall, Leicestershire; J. P. Chichester, Esq., M.P., from his seat, Arlington Court, Devonshire; Captain J. Morris, at the Pulteney Hotel, Albemarle.street, from Brighton ; Wm. Rowley, Esq., at ditto, from a tour; Mr. and Mrs. Jack. son, in Brook street, from Wales; Lord de Tabley, at Mivart's Hotel, Lower Brook and Davies-streets, from his scat, Tabler house, Cheshire; Mr. and Mrs. Cox, at ditto, from a tour ; Hubert De Burgh, Esq., at ditto, from Drayton ; Baron Roths child and family, at ditto, from Stamford-hill ; -- Lynch, Esq., at ditto, from Brighton ; John Smith, Esq., and family, at ditto, from ditto; the Right Hon. Lord and Lady Wynford, at Bryant's Hotel, Conduit-street, from their seat, Leeson, Kent ; General and Mrs. Scott, at ditto, from their seat near Windsor, Berkshire. DEPARTURES. Lieut.. Colonel Fox, from St. James's street, for Brighton; Mr. and Mrs. Henderson, from Park.lane, for their seat in Norfolk ; Captain Gordon, for Brighton. POPULATION OF GREAT BRITAIN. The population returns have been just printed by order of Parliament. From the luminary of this document we find that the population of England was, in 1801, 8,331,434 ; in 1811, 9,538,827 ; being an increase of 14i per cent. In 1821, 11,261,437, being an increase of 17 per cent. ; and in 1831, 13,069,338 —an increase of 16 per cent. The increase within the last thirty yew has been 4,757,904. The summary of the annual value of real property in England was 49,744,6221. ; in Wales, 2,153,8011. ; and in Scotland, 6,652,6551., making a total of 58,551,078/. The population of Wales stands thus : in 1801, 541,546 ; in 1811, 611,788 ; in 1821, 717,438 ; and in 1831, 805,236. That of Scotland as follows : Q in 1801, • 1,599,068 ; in 1811, 1,805,688 ; in 1821, ,093,456 ; and in 1831, 2,365,807. The summary of Great Britain is as follows :—ln 1801, 10,942,61 6 ; in 1811, 12,609,864, being an in crease of 151 per cent. ; in 1821, 14,391,631, an in crease of 14 per cent. ; and in 1631, 16,537,398 an increase of 15 per cent. In 1801 the number of females in Great Britain was 5,492,356 ; in 1811, 6,269,650, an increase of 14-15 per cent. ; in 1821, 7,254,613, an increase of 15 -7 1 per cent. ; and in 1831, 8,375,780, an increase of 15 45 per cent. The population of London (that is the metropolis) was in 1801, 864,845 ; in 1811, 1,009,546 ; in 1821, 1,225,694 ; and in 1831, 1,474,069 ; males, 684,441 ; females, 789,628. MARGATE.-SMUGGLING. An extraordinary discovery has been made here in the last week by the officers of the Custom-house, which shows the persevering and enterprising spirit of the smugglers. The officers went to search a house in the occupation of a man of the name of Cook, at ale back of Zion-place, near the Fort, in Margate, and discovered in a room below a secret entrance, just large enough to admit a man crawling upon his knees. The officers proceeded downwards upon an inclined plane towards the sea shore, to the distance of about 200 yards, passing under several houses, at the depth of many feet below the surface of the ground, until they reached the lower entrance, which opens on the north west side of the Clifton Baths. The mouth of this entrance was boarded over and covered with chalk and earth, rammed down in such a manner as completely to conceal it. There were found, in the interior of the cliff, several trucks on wheels, and implements for the conveying of smuggled goods through the tunnel to Cook's' house. The work, which it is calculated must have engaged two men at least eighteen months in cutting it, and must have cost in labour from 1001. to 2001., was just finished, and is reported to have been paid for by a great silk-mercer and riband-seller in Lon don. It is fortunate for the revenue as well as for the silk-trade that such a discovery has been made, as the whole plan of operation was so well projected, that whilst the hide remained known only to the smugglers, they might at any time, in dark nights, in the short space of an hour, have smuggled many thousand pounds' worth of property, and carried it off in safety. It is whispered amongst the sailors on the Pier, that if the officers had not been a little too eager in their pursuit, they might within a week, when the dark nights came on again, have made an immense seizure ; but that now they have entirely defeated their own object, because not a vestige of any contraband article was yet to be found upon the premises. This is the second subterraneous tunnel which has been dug under the same property within two years, and the second time of the officers being defeated by their eagerness to grasp so large a prize. It is but justice to the lessee of this singu larly constructed property to say, that not the least suspicion is entertained by the revenue officers of any contrivance on his part, he having given them duplicate keys of the subterraneous excavations and baths during the winter months, when the property lies unoccupied. and cautioned them that unless some of the revenue officers were stationed on the premises throughout the night, it was impossible to prevent smuggling.—Kentish Gazette. Sir WA LTER SCOTT is still under quitrantine at Naplee..... Gazette d'Augsbourg, Dec, 27, BRISTOL, WEDNESDAY EVENING. (FROM OUR OWN CORRESPONDENT.) i fl fl The funeral of the late Colonel Brereton takes place to morrow morning at an early hour. The exact time is not generally known, as it is wished that the interment should be as private as possible. He is to be buried at Clifton, in the same vault in which lie the remains of his wife. If the public were allowed to attend the funeral, as is desired, the procession would be very large and respectable. The petition in favour of the five unfortunate men is still receiving numerous signatures, and at present seven or eight thousand names are signed to it. A letter has been received to-day from Mr. Lambe, written by order of Lord Melbourne, in answer to an application made to him On the subject of the petition, stating that no time should be lost after its receipt in laying the petition before his Majesty—as Mr. Lambe adds, " the Judges have fixed Friday, the 27th inst. as the day of the execution." It is said that the unfortunate men themselves entertain little hope, and that they are in a most pitiable state. The efforts of the London Journals, almost without distinc tion, whatever may be the nature of the politics advo cated in behalf of the unfortunate men, have given great satisfaction to the humane portion of the inhabitants of this city. Sin , e the termination of the Special Com nission the robberies have vastly encreased, and have turn -d the atten. tion of the citizens towards the disgraceful system of Civic Government. A robbery was committed last night of a most oatra. genus and diabolical character, and of which I have col lected the following particulars :—A man had been en quiring at a public-house, at the Hotwell, near Clifton, for the steam-packet office, to take his passage to Dublin, when three or four mea and a woman who were present, immediately proposed showing him the way. They took him a considerable distance to the side of the river among the St. Vincent rocks, when the man refused to go any further, thinking all was not right. They then seized him, and robbed him of twenty four sovereigns and a 51. Bank of Ireland note, stripped him of his clothes, tied his hands and feet, and attaching a stone to a cord round his neck, pushed him down the bank into the river. Fortunately the tide was out, and a boatman discovered him in the mud in time to save his life. The man was taken to the Hotwell tavern, and was afterwards removed to the Infirmary, where he now lice considerably injured. The wretches have not yet been discovered. THE LATE LIEUT.-COL. BRERETON. (From the Times Correspondent.) BRISTOL, JAN. 18. The accounts which have appeared in the publi cations of this day, respecting the career of Lieu tenant-Colonel Brereton, have been both incomplete and inaccurate. lam enabled, from authentic docu ments, to subjoin a brief memoir of the services of the ill-rated officer, which in justice to his memory ought to be submitted to the opinion of his country men. Lieutenant-Colonel Thomas Brereton, late In specting Field-officer of the Bristol district, was the descendant of an ancient and respectable family, and was born in King's County, Ireland, on the 4th of May, 1782. In the year 1797 he went as a volun teer to the West Indies, with his uncle, Captain Coghlan (now Colonel Coghlan), of the 45th Regiment. On the 25th of June, 1798, be ob tained an ensigncy in the Bth West India Regi ment, and was promoted to the rank of Lieutenant in the same corps on the lst of July, .1800. The Bth West India Regiment was reduced m 1802, and in April, 1803, Lieutenant Brereton was ap pointed to the 2d West India Regiment. O n the 20th of April, 1804, he received a Cap. taincy in the Royal African Corps, and being separated from it, served in the same grade in the Royal West India Rangers, of which corps he be came a Major on the 15th of March, 1810. He was raised to the rank of Lieutenant-Colonel of the Royal African Corps on the 20th of July, 1815, and was transferred, in the same capacity, to the 53d Regiment on the 12th of August, 1819; to the thehFField of l dlF9ecotbi Officer u oc a fe r ryA,f August gl B . u 2 t sh O t a ß lisi o d2 ya lt. l o Y t ei r e k 4b ß 9e a tcha n in g ß e e r e s gil o imi n ,pe t ne h et e ti 2 on 4 ng t e Bristol district, by exchange with Lieutenant-Co lonel Daniell, on the 19th of July, 1823. Every step in the course of Colonel Brereton'e professional elevation was obtained without purchase. Colonel Brereton was in the service of his country for about thirty-four years, above eighteen of which were spent in tropical climates. From the year 1797 to 1802 he was serving in the 'West Indies ; from the spring of 1803 to 1804 in the island of Jersey; front 1804 to 1813 in the West Indies; from 1815 to 1816 on the west coast of Africa ; and from 1818 to March, 1823, at the Cape of Good Hope. He was on full pay as an officer for thirty one years and four months, and on half-pay for two years and a quarter. In the routine of active service, Colonel Brereton was engaged at the taking of the Danish and Swe dish West Indian settlements. In 1804 he acted under the command of Lieutenant-General Purdon and Colonel Forbes, as Adjutant to the Ist East India battalion, raised for the defence of the island of Jersey. He was appointed Brigade-Major to his relative, Brigadier-General Brereton, when Go vernor of the island of St. Lucia, in March, 1805, and served in that capacity until the General re turned to Europe, early in 1807. In 1809, he was et the capture of Martinique, under the command of Lieutenant-General Sir George Beckwith. During that year he was appointed Brigade-Major to Major-General Weal, and held that rank at the taking of Guadaloupe in 1810. Placed in command of the left wing, he proceeded with it to the colony of Surinam in 1811 ; he was removed thence to the garrison of Mount Bruce, Dominique, and re turned to Europe in 1813, in consequence of ill health, and the injuries he sustained from a hurri cane that year. Subsequently sent out as Lieute nant-Governor of the settlements and garrisons of Senegal and Goree, on the west coast of Africa, he returned to Europe, in consequence of ill health, in December, 1816. In 1818 he went to the Cape of Good Hope, and was placed by Lord Charles Somerset in command of the garrison upon the frontiers of the colony. A domestic calamity recalled him to Europe in March, 1819 ; but he again proceeded to the Cape, as Lieutenant-Colonel of the 49th Regiment. He was in command of the garrison of Cape Town, until relieved by a senior officer, Colonel Napier, in 1823, when he obtained permission to return to England on private affairs. Colonel Brereton was married in London to Miss Olivia Moss, who died three years ago, leaving him two daughters, one born on the 2d of May, 1826, and the other on the 2d of October, 1828. The only doument which Colonel Brereton is said to have written, ere he committed the act which left his children destitute of parental protection, is 0 letter in which he recommended the orphans to the care of his uncle, Colonel Coghlan, an officer of 43 years' standing, who has sustained more than one " honourable scar" in bearing a commission under three British Sovereigns. The letter to Colonel Coghlan was confined to the consideration of matters of a domestic charactor. Among the documents collected by Colonel Bre• reton, with a view to his defence, were testimonials from the d ecease d G enera l s B owyers and Sir Thomas Trigg, ---from Sir George Beckwith, Sir Charles Weal, Sir John Keene, and Sir Herbert Taylor. There was also a testimonial from Sir Henry Torrens, under whom he had acted as Lieu' tenant-Colonel of the Royal African corps ; and 0 letter from hi s l ate R oya l Hi g h ness t h e D u k e o f York,. which re commen d e d C o l one l B rereton to the particular attention of Lord Charles Somerset, the!' Governor of the Cape of Good Hope. The feelings of Colonel Brereton were generous' his actions liberal ; and the fatal rashness by which his friends have been plunged into the deepest tale' tion has not only deprived his children of a father's fostering care, but of every thing that might be styled an independence. PA ars If CLERKS.-Nothing can b e m ore unequal than the pay of these functi onar i es . --I1 :,,me o f th e L on d on par i s h es , such as Marylebone an d St. George, Hanover square, the remuneration exceed ] 1,000/. a year, while in many country parishes, wit° marly the same labour, the reward is not 5/,