The Sun. — London, England, 1822-05-22 00:00:00

TItE LONDON JQUIti\IAL. VITRACTS PROM THE D'a Ll' 'MORNING PAPERS, May 22, 2. [NEW TIMES.] SCEiTteIY any public docUment has appeared for a. long time, calculated to awaken more pain ful and humiliating reflections, than those soar gestO by the perusal of the despatch recently f.cldreased by Lord LondOnderry to Sir C.Stewart, tgiathe aobject of the extensive continuance of the neve Trade under the French flag. That in t'l+Sis day and age any state of circumstances could exist to call for such a remonstrance frcra one Christian Power to another, and that too after such ample and repeated exposure of the multi form evils of this dreadful traffic,is truth which the future historian of these times will blush to have to record to a wondering posterity. What to be, urged in excuse for the laxity of Freneh discipline, in enforcing the execution cif the. abolitionary law, we confess. ourselves at a loss to conceive ; hut sure we are, that itxnust be highly satisfactory to every British mind to observe the firm and consistent tone Which our Government takes on the occasion.— May its remonstrance be heard, and tend to the utter removal of this reproach from among the nations ! It has been insinuated in the French Senate, that the. complaints of Britain on this score proceed solely from the injurious effect which our West India Colonies (rigidly deprived themselves of the means of importing slaves) experience in competition with the settlements of other Powers, with whom the abolition has been but a name. And if this were the only ground of our complaint, who could question its justice ? To how great an extent are our Colonies depressed, because we keep faith in this matter, and others do not ! But the real fact is, that the effectual and absolute destruction of this branch of commerce was, in this country, the consequence of a moral conviction that it was wrongful and inhuman : averse alike from the laws of God and man ; and that no nation perse lering in such a traffic, after its true character had been exposed'to view, could hope to experi ence a continuance of the protection of that .Pro -iidence whose laws it so flagrantly outraged. [THE TIM Es.l Mr, Wallace's speech on Monday night, on what may be called the new navigation law, de serves the attention of the commercial world.— On the detached provisions of the law in con templation, we shall say nothing at present ; but we perfectly acquiesce in-the propriety, so for cibly urged by the Vice-President of the Board of Trade, of simplifying our ancient laws, and bringing them into one compact form or . body.— Vie would, in this view, recommend that the proposed law should be complete and entire in itself, with no reference, as is but too usual in modern acts of Parliament, to antecedent laws. There are many subjects upon which a man cannot understand what the whole law is, with- Out travelling throuEh the statutes of a dozen reigns,. We would wish this evil to be avoided in . the present instance. We would have the forthcoming statute to embrace the whole sub ject in itself, so that the merchant may he able to hind it up, and place :t by the side of his kedger,and refer to it promptly and satisfactorily upon all points of difficulty. But Mr. Wallace's speech h; also interesting in another poiot of view ; inasmuch as, though it does not positively recognize the independence of the South . Ame rican States, it does that which is nearly egii valent ; for it intimates that the new law is to be so framed as not to delay our commercial inter course with them one moment after the recognition has taken place. This is undoubtedly just and pro per. We ought by all means to inscribe our names as Ligh as possible in the list of those who are ready to enter into commercial relations with the rising Slates of South America. With them we canlave few other concerns than those which are of a friendly nature• Proximity of territory .may fregnently bring the south Americans into collision with the United States of the North. We shoul.l be ready to take advantage of these feelings whenever they spring up, by having made a previous lodgement in the affections of the '4paoiards. [MORNING POST.] t circumstance occurred last night in the .ffouse of Commons, to which we request the sarticular attention of the public. Some days bola':, Mr. Hume gave notice that he intended to .move for certain returns, specifying the manner in which the Irish Civil List was appropriated, and the names, &c. of the individuals on the Irish pension List. He was then informed by Minis ters that there was no objection to grant those returns. 1./:F.,t night Mr. /fume accordingly made his motion ; but in doing so what was his conduct ? He rose to ask for Itvturns in order that himself, the House, and the Public, might be in possession of information of which his very motion implied that all the par;ies were now ignorant ; and while thus certain of receiving that information, and while thus ignor:•.nt of what that information might be, F proceeded to make a statement, from his own imaginary and 'fallacious notion of it, implicating the character of individuals whOrn he publicly mined, and condemnatory of the Government of the country ! The reproof which the Honourable Alit. !her receivNi from the Marquis of London derry, Mr. Secretary Peel, Mr. Goulburn, and even from : Sir John Newport, on his own Fide of the House, ought to make an in impress:on upon • any mind not case hardened in blundering. We cannot sup to.e it posSible that any Gentleman would wilfully circulate a delusion and an injustice through the House and the country for wee, before the one could be removed, or the other repaited,•by the official returns demanded. On • the 'contrary, We are sure that Mr. Hume acted as jte - did last night through gross mistake—that iiO4ounded the feelings of 'the most meritorious servants of the public through inadvertence—and that be vented anticipated calumnies (castigat au &Nutt on the Government, by accident. But however these circumstances may operate in rnit►aation of censure, they are no justification. Et is not by such means, we believe, that nations are usually gover►►ed, or Legislatures conducted, or even addresses, freedoms and snuff-boxes obtained, in rational times. [MORNING CHRONICLE.] The conclusion of the proceedings agail..st The John Bull Newspaper, for Libelling the late Queen, demands some observation from us. It is-observed by Mr. Bentham, in his admirable work on Judicial Establishments, that Libel, under the English law, is " art offence of which there is no definition by law, against which, in fact, there is no law, but of which the definition, as far as it is to be collected from ju.licial prac tice, is the publishing any thing concerning a man, whether in a private or public character, n hlch a man would not like to have published concerning him. I fever Newspaper was a Libel,so is perhaps every Newspaper that ever was publish ed.'' As the truth of these observations will be al lowed by ail who know any thing of the law in question, when we say'thata man Las committed a libel, we say nothing. What he has committed may be either highly Meritorious or highly culpable.— Inadvertencies and expressions of undue warmth have, untler this pretended law, been frequently visited with great severity of punishment, while calumnieS of the most R trocious'Arscription have as frequently -he'enallowed to pass unpunished, or been subjected to a comparatively trifling pun's - him-M. The law is arbitrary, and the punishment arbitrary ; every thing depends on the feeling of the Jury, and the inclinations of the Judge.--With respect to the Newspaper to which we alluded in the outset, there can, however, he but one opinion. Its appearance formed an era in modern Newspaper literature. It did not leviate into libels through inadvertency or the at of argument. It has-always had solely ' ‘iew the dissemination of calumny and detiac tion, and that in the most cruel and merciless manner. It rose by detraction, it has always subsisted, and still subsists', by detraction. [BRITISH PRESS.] The second reading of the Roman Catholic Peers Bill is fixed for Friday, the 31st inst. and not Thursday next, as stated in our Paper of yesterday. It wodld be absurd to suppose that the late disturbances in.lreland, or its present depressed state, have any actual connexion with the Catholic question, or should.. in a rational view have any influence, upon it. The distur. bances were local, and totally free from all political or religious feeling. The present famine is the visitation of ,Providence, and not the act of the Whiteboys. These truths are undeniable, and yet' it must be confessed that these adverse circumstances have pro , duced a tone and temper in the public feeling unfavourable to the cause. We have been accus tomed to regard Ireland as a land of plenty,. the granary of England, stored for it with golden grain, and filling the place in wuich Sicily once rood in relation to Rome. Nothing was want ing to complete the system but the removal of its civil and political imperfections. Em braced principally within the Catholic question, it engrossed the public alt?ntion; but now that pestilence and famine in the island stare . us in the face, the attention thus engrossed by political subjects is divided, and diverted to the more ur gent and pressing wants of human existence. It will not, therefore, surprise us if, under these adverse circumstances, the Roman Catholic Peers Bill should be thrown out upon the Motion for the second readieg. In such event, however, the merits of the question will not suffer by the de. feat. It can only be said that the time was un favourable. [MORN.ING HERALD.] It has scarcely ever happened that, while Eu rope was in so interesting, if not critical a po sition, the Continental itvelligence was so flat as at present. It is only with us, however, thatre ports falsified by the event, and predictions un fulfilled, have worn out all curiosity. On the Continent--7particularly in Germany—rumours of the marches of armies, and the movements of great Monarchs, inuendoes about the designs of Cabinets, are stilt plied with indefatigable zeal. The reports of the departure of the Emperor of Russia for his armies on the Truth, is mere r 4 p.tition, without any additional claim to credit ; —and, in truth, if lie had advanced without delay or deviation, since the first announcement of this important circumstance—for important it certainly would be—instead of reaching, by the date of the last accounts, the frontier river he would have found h'rrvelf at Constantinop!e, —The last rumour issued from the Germar Mint, spurious or genuine we cannot say, is, that a misun:lerstan.ling has taken place at Constantinople between the English and Austrian Ministers. The circumstances are detailed with imposing minuteness, and stated to be contained in commercial letters. It would appear that a coldness began between Lord Strangford and the Count tie Lotzow, upon the tatter's observing that his diplomatic col league in the business of mediation had se• veral secret interviews with Reis-Effendi, of which he rendered to him (Count Lutzow) no account—although it was arranged between their respective Governments that the mediatory proceedings should he carried on in concert. Fur ther, it appeared that ‘xhilst the remonstrances of the English Ambassador, relative to the visiting of vessels under British colours, were treated with every attention by the Divan, the Austrian Minister could obtain no satisfaction for the seizure of some Austrian merchant vessels by the Capitan Pacha. Should this be true, which we . think there is great reason to doubt, it would give a very unpromising, appearance to the pro gress of the negociations. ks The idea of establishing Banking Companies upon the plan of the Scotch Banks has received a great shook in consequence of the failure of a Scotch Banking Company— the subscribers to which are called upon to subscribe 250 per cent. to-make good the deficiencies of that establishment. A reduction m the price of ale and porter took place in Ro chester and Chatham last week. Ale is now retailed at sd. and porter 41d. per pot. The total number of acres of land under the cultivation of hops, in the year 1821, was 45,662, so far as relates to England. FOR TUE' SUN. AGRICULTURAL DISTRESS. TO THE MARQUIS OF LONDONDERRY. MY Loan—At a period like the present, when one half of the community is groaning under dis tress from the depression of Agricultural pro duce ; when every Member of the ,Senate has a theory peculiarly his own ; when only one can be correct; and all the rest erroneous, I trust that I shall stand excused should I venture to offer to your Lordship's consideration my opinions ; im pressed as I am (like all other men) that I may be nearer the truth. Our judgments of course are liable to vary, yet each gives credence to his own. The nation, my Lord, has for a consider able time been on the decline, from bad to worse, in regard to its Agricultural concerns, arising from some error in the system ; and none has ever appeared to my mind so glaring as the hav ing our ports opened at a moment when there was no scarcity or want of corn in the kingdom ; on the contrary,.when every granary was overflow ing. I shall therefore urge on your L ordshi p' s consideration that the ports having been twice opened, and their being again. liable to be ;,o, have produced the inconvenience under which we labour, and that the high price of grain is the pivot on which the whole system turns ; whether the kingdom is to exist in a state of felicity, or that it is to run into the other extreme, and be come a theatre oidiscontent and' confusion. That the ports ought to be closed I shall endeavour to establish by my arguments, without a liability to their being re-opened, unless called on by urgent n e cessity, and then only by the Kin g in Council. I shall premise my observations by laying down as an incontrovertible principle, that it is . the -imperative duty of every country (which may possess the mea•ns) to supply from its soil the articles of prime necessity. That the origin of our present distress proceeded from the ports being open to foreign corn, I believe few will be hardy enough to deny ; even the Earl of Li verpool himself contends that a superabundance of supply over demand is the cause of the in convenience. What has caused this superabund ance but the quantity imported, when it was not required, added to the superfluity then in store; and ,so glutted the markets that they are still influenced by the pernicious effects ? This po- Sition admitted, how ill-judged was it, and what a want of foresight, to admit the introduction of foreign corn (when, from the state of our own agriculture and improvement therein, we can Supply ourselves at home), and that corn admit ted duty free My object is not to censure the past, but to guard against future misery, to which no act will more assuredly tend than closing of the ports ; the key lies within the reach of the King in Council, and may be resorted to at a moment's notice, should occasion re quire it. The experiment is surely well worth the trial. By many it is contended that, as the ports are now shut, all is obtained that can be required, and that their having been opened does not influence our present markets ; they further contend that, from the present low price of Grain, they are, not likely to be re- • opened. What reflection or foresight can lead them to such a conclusion, I cannot discover, but of this I am certain, that while they remain liable to have Foreign Corn thrown into them (should it be found expedient to increase the quantity of our circulating medium for the pur poses of general facility towards the payment of taxes, &c. &c.) the ports would not remain shut even at a duty of 20s. per qr. on wheat. As the quantum of the circulating medium becomes in creased, whether of gold, silver, or paper, the price of corn is augmented, money is of less value, corn of more, and ten millions added to our cur rency would instantly raise the price above that at which your Lordship has proposed the Ports shall open. Without an increase of currency, the af fairs of the Kingdom, viz. the payment of taxes, rent, and the ordinary transactions between in dividuals, cannot with facility be carried on; here must be felt a deficiency of numbers, which are to preserve the equilibrium between national debt and the expellees continually incident to Government on the one hand, and the value of commodities generally on the other. The num bers which we use or calculate with, I submit must rise from the soil, and that if only 40s. per quarter is obtained for 20 millions of quarters sold, the numbers for use will only be 40 mil lions, whereas, if the same quantity is sold for 80 shillings, 80 millions will act on property, and take off foreign articles, which may pay duty to the State. There is a general prevailing opinion that a high rate of wages to the manufacturing labourer interferes with, and injures the foreign market, and that our goods cannot, therefore, enter into competition with those of foreigners ; it is not so—the facts will not hear out the posi tion. Did the English manufacturer trade for money, there would be grounds for the reason ing; but he does not trade for 'the precious metal, as I shall attempt to illustrate. That the manufacturing labourer only works for his wants, few will deny ; were it otherwise he, would ac cumulate, which is not the case ; and if he did accumulate, would he continue to work at a low I:rice ? he would he better:lig his condition daily, and would soon cease to work. Admitting tire foregoing position, can it be of importance to him, Whether his wants are supplied at one farthing a day, or after the rate of 51. per da - , hi; wants in either case are supplied, and he has no further to do with that which is produced ; he has exchanged his labour for his food; and it ought to be the home market which is to supply him ; whether at a high or low rate, the difference to him is not felt ; but it is not the same with the farmer, who supplies him with food, wool, &c. &c. .The price at which the farmer sells his 'food, &c. is to regulate the ma nufacturer's labour, and so, vice versa, they cut on each other—yet, the establishing a high or low rate of prices of agricultural produce is not the same to the farmer, although it would be so, had he no otbeipurchaser than the manufacturer, of whom he takes in exchange the manufactured article ; but the prices being established between the two, if high, the farmer will succeed, and if low, he will fail : so that the fundholder at pre sent gets more food for his dividend than he ought to have—the same to the sailor and soldier, whose rates of pay were regulated under a full efficient currency ; and the fariner is compelled to give two bushels for one, to discharge his taxes and his rent, provided he is in a condition to pay any. That the English manufacturer does not trade for money, is self-evident ; did he, and that England exported 9.0 millons value in goods; that quantity of the precious metals would be receiv ed in return, and two or three years would drain all Europe of every ounce of-gold. We have from experience seen that seven years having elapsed since the war, we have not now exceed ing ten millions of gold in circulation, the greater part of which has been released from private stores, which, from my own knowledge, I can pronounce has in no small degree been the fact. flaying contended that the high price of labour in our manufactures does not interfere with the foreign trader, I shall assume as data that the manufacturer labours but for his wants, and that having exchanged his labour and manufac ture for his wants, it is the remaining quantity of manufacture which is to be exported, to pay the master manufacturer for the raw ma terial, the carriage from ports to manufactory back again, import and export, freight, taxes, machinery, interest, and profit. The manual la bourer,therefore,bears but a very small proportion to the several other expences in producing, even were it as high as two shillings per day ; admit ting the article is made and sold (as contended by some it is) for money. Should, however, my position be true, and that England does not trade for money, it must be admitted that two countries bartering any commodity, reference is had and consideration given both by the buyers and sellers to the article given in exchange.— The English merchant, if the prices are high at home (in the consuming market) will sell the manufactured articles low, the prices being high at which the foreign articles can be disposed of, and if, on the contrary, the numbers are low at home (for the consumer to take off the foreign goods) he will sell his manufactures dear in foreign markets, that is, he will expect a larger or lesser quantity in return from the value of money at home, and that value of money must be regulated by the quantity in circulation, and the prices of food and labour ; when high, both the one and the other, the prices will be high for the manufactures and merchandize ; when low, a corresponding diminotion will be felt, it being from the soil our numbers are to r ise. If hi g h,' they tend to national prosperity, if kept with in our own country, and that we supply our selves with food ; and if, low, on the contrary, with high taxation, they must tend to distress, confusion, and anarchy.—Let us suppose that one quarter of Corn is raised in England, and sells for 10s. per bushel, and that one bushel is sold to the manufacturer to answer to his wages at 2s. per day, and that he works five days and sells a piece of muslin for 10s., the farmer will receive 80s. for his quarter of corn, or 70s. and a piece of muslin, and there will remain 70s. to purchase a cask of French brandy coming to England, say at GOs. ; and, on the contrary, let us suppose that in Russia the price of corn shall be Ws. per quarter, and that the labouring ma nufacturer in that country obtains 2s. 6d., and labours five days also at 61. per day, the num bers which will rise in the respective countries will stand thus: 70s. to take off commodity in England, while in Russia there will only be 17s. 6d.; the brandy will be sold in one country, England, for 31., while in Russia it will only pro duce 155., consequently the Englishman can barter four pieces of muslin at 15s. per piece for the cask of Brandy; while the 'Russian can only barter one at the same price, because the num bers used in England are higher than those of Russia as four to one, and thus it is that the Englishman can afford to barter more English merchandize for Freud: commodities taken in return.—Should the ports chance to open un der the present state of our currency, what must be the consequence, wheat at 41. per quarter, at a moment when a farmer cannot afford to employ his men, and when, from the reduction of money and credit, the price of labour is reduced to ls. per day, and that only a limited number can be employed even at that low rate. Will not then the manufacturer feel a greater difficulty to sup port himself and family, than he would had agriculture been encouraged, accompanied with a liberal quantity of currency ? lle mast rise or fall ultimately with the agricultural condition of the country.--I shall not enter into that wide field of discussion, of whether the reduction of taxes will benefit the agriculturist, yet this I know, if 20 millions of taxes were taken off, it would so disorganize and unhinge every thing, and so interfere with the transactions between man and man, that little short of a revolution would be expected. Nor shall I canvass that question, of whether the Poor Laws are good or bad. any further than to say, that I consider them as the ornament of our system, that the best laws may be badly managed, and that it is pos sible so to regulate the poor as to have scarcely any Poor Rates.--I know from experience, it may be clone, that in the parish of Chettle, in Dorsetshire, belonging to myself and in hand, the rates I paid last year amounted to only QS!. occasioned chiefly by sickness of the poor requir 'ng medical assistance. J. H. CHAMBERS,Bank er. Bond-street, May 20, 1822. v , mingemomnieme Formamosessem MOST DISTRESS , NG EVENT.-Information has been received (as we understand) by the Earl of P,LEsysToN, from his Majesty's Ambassador at the Court of Naples, of the following occurrence, most distressing to all those who were in the remotest degree acquainted with the subject of it :—On the 17th or lgth of last month, as Mr. Charles Burgh, third son of Thomas Burgh, Esq. of the County of Kildare, and Mr. `Vat kin, a relation with whom he travelled, were sailing in the Bay of Naples, a storm arose suddenly, by which their boat was un. fortunately, upset; and Mr. P., after the most astonishing ex ertions on the part of his friend to save him, was lost, having struggled till midnight in the waves. The agonizing sensa tions of his family, who were nn the shore, - may be conceivel Mr. Burgh wa educated in our University, where he was dis tinguished by the highest literary honours, and was studying, we believe, for the English Bar. To a more than ordinery share of talent—to a sound and manly judgment, and deep, un affected piety, were joined, in his instance, a very peculiar gen tleness and humility of character, .that made him loved as soon as he was known. ,Thus, at the early age of 24, has been snatched from this world—from his fond family and admiring friends, a spirit so interesting, and a life so justly valued. Mr. Burgh was nearly allied to Lord Blesintnn and - the Earl of Clancarty.—( Dublin Patriot. ) LAW INT EI4LIG ENCE. • COURT OF KING'S BENCH, MAY 21. This dav the Sittings after Easter Term for London aim meneed before the LORD CHIEF JUSTICE, at Guildhall. SMITH V. •BIGNELL. Mr. COMYN stated, that the plaintiff had declared for seve ral assaults, to which the defendant had pleaded that he was hot guilty. Mr. SCARLETT opened the circumstances of the case to the Jury. The plaintiff was a seaman on board the East India Company's ship called the Marchioness of Ely, and the de fendant was fourth mate on board the same vessel. When the ship was in the Sirampoo river, which goes up to Canton in China, the defendant committed on him a brutal and unpro voked assault, which the Jury would hear described by the wit nesses. He (Mr. Scglett) was far from desiring very nicely to scrutinize the proceedings of marine officers, who were com pelled to insist on the most prompt performance of duty from the seamen ; but, at the same time, it was important that these seamen should know, that if they suffered flagrant injustice, they would find redress from a jury of their country, as this feel.- ing alone would prevent them from taking violent revenge, in the moment of their indignation, and perhaps filling the ship' with disorder and mutiny. James Wilson, who had been master at arms on board the Marchioness of Ely, swore that on the '24th of August, 1820, as the ship was proceeding up the river, the defendant called to the men to come on the forecastle, and immediately ran through them, striking right and left, till he came to the plaintiff, who was watching some ropes in the waste of the vessel. He was in a passion, and directly knocked the plaintiff down, doubled a rope, and struck him at least half a dozen blows as he lay on the ground. He then ordered him to go to the forecastle, whi ther he followed him, knocked him twice down again, and hav ing knotted another rope, proceeded to beat him with it as log as he could stand over him. The next day Smith's person ex hibited the appearance of having been severely beaten. , On his cross-examination by Mr. GURNEY; the witness ad , mitted that he had been degraded from his situation, and sect home before the mast. It also appeared that the. defendant had called to the men to assist him, and that they did not im mediately obey his orders. Two other seamen were called who had seen the defendant strike the plaintiff at other times ; but who knew nothing of the circumstances which led to the assaults. Mr. GURNEY addressed the Jury f o r the defendant, obe serving that it was evident the plaintiffhad been doing nothing , and all the other men helping him, as in the caricature, when required to do their duty. He commented on the testimony of the witness Wilson, and contended that he had been induced, byhis own degradation, to give a false colouring to the as sault, and greatly to exaggerate the injury. If the plaintiff had really been beaten in the manner described, he must have sought the aid of the surgeon of the vessel, who in that case would have been his best witness, but whom he had not ven tured to call. The LORD CHIEF JUSTICE summed up the evidence, oh. serving, that as there was no justification, the plaintiff mas t have a verdict, but that it was for• them to say to what &i -mages he was entitled. The Jury found a verdict for the plaintiff—Damages la COURT OF COMMON PLEAS, lIAYDON V. LORD NEWRY. Mr. Serjeant VAUGHAN stated that this was an aetiou brought by the plaintiff, an innkeepj at Hampton W ick, t° recover froth the defendant a sum of money for the keep of n ue of his horses. It appeared that on the day preceding Wl ° Races, last year, the defendant had sent his boy with hcese to the plaintiff's house, intending himself to ride tl e horse from thence on the following day' to Epsom. Meer' . ingly, the next day, accompanied by a friend, he calle d for the horse, but had a dispute with the ostkr about the charge.-- The defendant paid as. asking if there was any othe r de mand ? The ostler replied in the negative, but added, you have not given me any thing." The (lefendant . called him a cheating rascal, and said he would not give him a farthing.-- The ostler then said, he should not take any care of the horse °t' which the defendant had ridden to the inn, nor should it e ha v either food or stabling room. The horse was afterwards Put into the stable by the defendant's boy, and fed with corn be". longing to another person. In the evening the defendant re' turned, and the landlady made an apology for w hat had tab curred in the morning, and requested the defendant t o, tei ` e away his horse, which the latter refcsed to do, adding that he had been ill treated, and would rm.lre Mr. Haydon stiffer for it. Mr. Serjeant PEEL, for the defendant, contended that t ' ill plaintiff must be nonsuited. There had not been the slighte; pretence for saying that the defendant ha d ex p ressl y promise to pay for the keep of the horse , a nd he submitted that nothing, on the evidence adduced by . the plaintiff afforded suffiele u ground on which to raise an implied assumpsit. dras Mr. Serjeant VAUGHAN contended that the innkeeper baund to receive the horse of a travt.ller, and in the prew", case could have been punished for refusing to do so. The would therefore raise an implied assumpsit. Serjeant PELL in reply, ot scrveu, that it an odd way of punishing an indiviGual, to incur a wa d t him for the article which constituted his trade. The ae=en d; had done nothing which could render him liable to this denial!, , and as to the obligation of receiving the horse, he conterltleed justine that in the present case the plaintiff' would have' been in law if he had turned the horse into the street. non' • 'The CHIEF JUSTICE acceded to the objection, and ~ d suited the plaintiff; but gave leave to move-to set it a side, a , T e , have a new trial, if the Court should think the plaintiff, u e • all the circumstances, entitled to maintain his action. was certaie.liti CONSISTORY COURT, MAY 21. En GREEN, FALSELY CALLED DALTON (BY GREEN , GUARDIAN'), AGAINST DALTON. In this case, the facts of which we have already brough t be fore our readers, rriag e C HRISTO PHER ROBINSON decided that the Ina of the was null and void. It appeared that•the baptismal name the Minor was Sophia Green, and that sh.e wa s married by o f names of Sophia Augusta. In the memorandum -boo ted the clerk of St. Mary's , Islingt on, the husband had en ter oti the names of his intended wife as Sophia Augusta Green , , a pe , she herself, after the ceremony, he. so subscribed her hi eh in the marriage registry of that . parish—circumstances wwere fixed a fraud on both the parties. The facts which rt to pl e aded being admitted, it was necessary for the C 0; bad enter into them. The case of " Sullivan and Sullivan.., o to been much relied on, in the argument ; but upon loeitlifor the decision of the Arches' Court , ( to which that cause I s t e pealed from the Consistorial Court of London') it WO, le found that the Learned Judge ha d laid down this Prinlist that it was not necessary to prove a positive fraud ags, fo party in order to invalidate a marriage, where the suit so;air nullity by reason of undue publication of banns, false 'l e 0 0 tion, or minority ; but it was enough . to chew that whtirrair done might have the effect of fraud —namely, deception 0 „jot information. Now, in the prey! nt - Case , t he marriage was ter; the expressed wishes of the father ; the female Was a o fe e lv and the Subscriptions both by the husband and the wife% th wife's name, were false. The marriage was concealed 1014 I female from her father's knowledge, and only acknovilefeoioa after inquiry on the one part, and denial followed by hil t th wtoit on the other. Not merely the intention, then foe, 1 ".„,, knowledge of fraud was thus traced to both the par t '; 0 5 might be difficult to say that iittbe pleadings any assigned for such fraud on the part of Dalton ; htt, fa t ; enough that the circumstances of the case, taken togeu.:,•as to niched proof of that of which there was no direct evide l to intention. One circumstance, however, was s'long to v ra ide fraudulent intention. - Here was no wedding-garmen t C t be saf a, , t e t for this ceremony ; but Dalton went to be married in w i i t i eP ' t clothes he usually wore when• at work—,a fact frail 4002 was almost impossible not to infer that disguise or conc' a 106 was contemplated. Upon the Whole of the evidence,tPstitilrn, ing to the proper manner in which this suit had been it t i l to cr t o by the.father of the minor, the 'Court felt itself boto . w ' nounce against the validity of this pre t e nded marriagAtratt declare Sophia Green, party in this cause , free from °"*" • monial contracts or engagements whatsoever. • frzinesessrraanog iseatasnatiaera=l ost . • AeT" . On Friday and Saturday last, several thousands of 0 00 a nd whitings were hauled on shor e with a sein e The mackerel sold for two g uineas per lOU. t.......t...........■••■••••••••.....•..t...... MARIIIED. . ii :A s 4a , K i On Friday last, at St. Thomas's, Church, Peter A' 7,,, - ,, ' gbt ° ,of the Ordnance Department, to Louisa, Dublin..""-' - let Thomas Daniell, Esq., of the North Strand, D ,e. 0100( On the 21st inst., at St. .Vdrcd's, in the Poulty, i..,,,tibter Bryant, Esq., of Naple,._ to Mt.7. - ry Elliot, eldest 4" ... Joseph Brown, Esq., of ; - .:..nnington.- DIED In earlArf On Saturday, the 4tl , inst.,. at the Rising Stin,s__.eh Tooting, Surrey. (of which he was upwards of 20/„1 11, " prietor,) in the 116th year of his age, Air. John 1 " 'yr sincerely regretted by all who knew him. ~a" D „ Foo d On the 18th inst. , at Wadhurst, aO.l 7•52 —, l li:.t of the late Admiral Wm. Fooks. • ttag e ' ° n the'2h inst. at his house, liingsbridge-coororA Esq., Reading, in his 8 8 th vear,.Samuel Athawes, Vi rg inia merchant of this city. ' fe ----- —____ a t e Printed and Publishe d for the Pita!' RIE'T Olt g, ~.. Office, No. 112, Strand, by J. D. CAltsTOPs— • ' t ~' / On e ?he; Pay' 34,1 not zterk Of , t t 'AM L e de th e 204er, t k Pert Perfo ~ o ti~ 2"4, u . fo r 44. It N 4 7 , ,'4l PQ vut qe dee ti eio e ilter Ti " 4PPIi T nr t , • i rut "l ot rici . " the e