The Sun. — London, England, 1822-02-01 00:00:00

SPAIN. CADIZ, JAN. 6.—Some persons were arrested last night; among them is a Colonel. MADRID, JAN. 14.—0 n Tuesday, the Bth of . this month, Olavarrieta, the disturber of the public tranquillity and apostle of rebellion, was conveyed to the public prison at Cadiz. The Government has received to-day an ex press from Cadiz, dispatched on the 10th by Brigadier -General D. Jacinto RomarOte,-statine-, that at two in the a ft ernoon o f th at d ay he had taken the oath, and assumed the general com mand of that province and the military govern ment of Cadiz, which had been given up to -him ..-by D. Manuel F. Jauregi, in which act the com manders of the troops of the garrison and their Officers had concurred, and perfect tranquillity had been maintained in the city. DOn Jauregi gives the same information to the Government. Yesterday the Government received an ex press from Valencia, sent by the Political Chief, giving an account of what passed there from the Bth, in the evening, to the 11th, which is the date of the dispatches. Several indi viduals of all the corps of the garrison hav ing •obtained the permission of the Political Chief and the Military Governor to celebrate the union, which all the corps of the garrison had sworn to ofiserve among themselves; followed by a number of persons of both sexes, and pre ceded by music, they paraded the streets with -continual huzzas to the constitution, constitu tional King, religion, peace, and order. In com pliment to the national local militia they resolved to -pass by their guard house. A group of the rioters of the preceding night assembled at the . entrance of a - neighbouring street, contrary to the edict forbidding such assemblages,and began tocry " Riego for ever !" not to honour the worthy General, whose heroism is known and esteemed by every body, hut to create a disturbance. The rioters proceeded -to other cries, and the 'Com mandant had one of the most violent arrested and lodged in the guard-house, from which he escaped. The whole terminated with the .flight of the rioters, and the civic fete ended without any further interruption, the tranquillity of the city being since preserved by patroles of 'the troops. On the 9th the Political Chief was informed that some militia were forthing themselves in arms in the guard-house, and Went with the Corn-. mandant General and the regiment Zamora to the place. When the militia saw them, they cried " lire at Zamora !" which they however did not venture to do ; those who did not run *way were taken, and proceedings are instituted against them. The other corps arriving with four pieces of cannon to inspire respect ; and to spew that the garrison was resolved to main tain order, and to support the authorities, no further disturbance tool: place ; • the regiments returned to their quarters, sending strong patrols in all directions. • The same persous who have' for some time taken on themselves to excite disturbances at their pleasure, were the actors on this day as on - the preceding, joined 'by a few whom they had succeeded in seducing. We were affected and scandalized at seeing among them a member of the Municipality, who is affirmed to have loudly excited them to fire at the troops. Among those talcen with arms in their hands is an officer of the mNitia, and they are all to be tried for having assembled contrary to the express order - of the. Political Chief, and for other excesses. Meantime the Colonel of the militia was called upon with threats by the armed militia of the 2d • battalion, who wanted to have the generale'beat, to promote the tumult, which he firmly refused, but his 'orders and-persuasions could not induce them to retire and cease to disturb the fete, which was celebrated by order of the Political Chief.— The latter having been abandoned by several guards of the 2d. battalion, who refused to do any duty, he summoned the Commanders, Captains, a subaltern, and a soldier of each company of the two battalions ; and made them sign a paper, whether they were willing or not, to obey the orders given them for the good of the country, and in conformity to the oath taken to the Con, stitution. Those of the first battalion were NVilj, ing to conform to his intentions, and a very few of the second. The city was perfectly tranquil on the 10th and lth, and remained so at ii p.m. when the courier was dispatched. The Government has also received an Address, signed by a great number of the inhabitants of Valencia, professing their Attachment to the Constitution, their detestation of the agitators, ho, they say, are few in number, and highly disapproving of an Address .to the Cortes, by another part of the inhabitants, which begins by stating, that " the people of Valencia have seen, with the highest satisfaction, the heroic efforts of Cadiz. Seville, Corunna, Carthagena, Murcia, &c." Both these pieces are printed in the Madrid Ga:elle. Accounts from Ceuta say, that Tetuan was hard pressed by the Emperor, Muley Soliman, but that the citizens held out, having received notice from Muley Zeid that he was coming to their relief. The troops of Soliman had behead ed a spy, taken with dispatches from Zeid to Tetuan. JAN. 17.—The Minister of War has made known the King's satisfaction at the conduct of General Velasco and of the Brigadier General Sebastian, who have given an account of the full execution of his Majesty's orders at Seville. The former of these Generals has given up the mili tary command to the latter, and public tranquil lity was completely restored.—There is no longer any doubt of the submission of Cadiz to the Go vernment.—The news from Valencia of the 11th continues satisfactory. The change of Ministry satisfies no person ; sonic regard it as a dangerous concession, whilst others consider the concession as by no means sufficient. The thass of the Spanish people are Rot unfriendly to the Constitution; on the con- tart' they like the King and detest the dema- gogues. A more able Ministry might and ought to take advantage of this general disposition. The Royalists in Navarre are dispersed. Bahia, one of the three principal leaders, is taken ; Santo-Ladro and Villanueva, the other two, surrounded on all side, succeeded, however, n escaping into a':-:house on the French territory safe from the pursuit (if. the Spanish troops. [PRIVATE CORRESPO:DENCV.] A petition, addressed to the King, has been circulated, 'in which .his Majesty is requested to propose to the next Cortex several considerable modifications in our political code. The police are in search of the hawkers of this piece, and several persons have been examined respecting it by the Constitutional Alcaldes. There is nothing new respecting the Ministry. This state of uncertainty produces the worst effects on the public mind; and affairs of conse quence are quite suspended. Among the per sons named for the Ministry are Senors Pizarro, Ileredia, and several others ; but the King comes to no decision, and in the mean time the Govern ment seems paralyzed. All is quiet at Cadiz and Seville ; yet at the moment when Jauregui was delivering up the command to his successor, and concerting with him what measures should be taken under such critical circumstances, a large assemblage of the inhabitants entered the Government House at Cadiz, in order to (. - event him from resigning; but he went in the midst of them, and,succeeded in making them retire. Sonie holirs'afterwards, the Authorities published a Proclamation, de claring their determination, in spite of the or derly disposition evinced by the town on this occasion, to persevere. in their .remonstrances against the Ministry, and that the Liberals of Cadiz were resolved on resorting to arms if a Ministry so universally disapproved were re tained. 'RUN, JA is expected that the French Government will publish an account of the pro ceedings in the case of the two fugitive insurgent leaders of Navarne, Santo-Ladron and Villa nueva, whom they would not allow the Spaniards to take away from a house on the French ten i tory, in which they had taken refuge. For the last three days- the Ex-Spanish Ge neral Quexada, who came from Paris, has been at Bayonne. It is supposed he intended to put himself at the head of the insurgents of Navarre, but arrived too late. LAW 1 N TELLIG ENCE. COURT OF KING'S BENCH, JAN. 31. THE KING V. HECTOR. Mr. Hannrsom applied to the Court for a rule to shew cause why a criminal information should not be filed against Mr. Cornthwaite John Hector, Ste Ward of the Court Leet of the Manor and Borough of Petersfleld, for misconduct, as such Steward, at the election of the Mayor of that Borough, who is the Returning Officer. The Learned Counsel said, that it was well known that for a • considerable period the Borough had been under the influence of a particular family—the family of Mr. Jolliffe—that a member of that family had, of late years, been invariably returned as one of the Representatives of the Borough in Parliament, and that the other Member had been returned under their influence.. A contest took place in 1818, which gave rise to the agitation of a question upon the right of Election, and there had been a subsequent contest at the last Ge neral Election, when Mr. A tcheson and Col. Camac stood in op. position to Mr. Jolliffe and Lord If otham ; and upon that contest there was a petition to the. House of Commons which led to a deci sion on the right of voting. Fro% that decision there had been, in the last sessions of Parliament, an appeal, when the first decision was reversed, and a right established adverse to the in fluence which had existed in the family of Mr. Jolliffe. Under these circumstances, it had become most important to the inha bitants of the Borough, that the returning officer should be ,legally and impartially elected, and he mentioned these circum stances to shew the relative situation of the parties. With re ference to the election of the Mayor, it would he in the recol lection of their Lordships, that repeated applications had been made to the Court for permission to file quo warrant o informa tions against the persons who had filled that office. The first was against a Mr. John Meeres, wh o h a d b een e l ecte d i n 1819 , by a jury of the Court Leet, noutteated and selected by Mr. Hector, the Steward. After the filing of that information, Mr. Aimee disclaimed his office, but at a Court Left, held under a mandamus from the Court, he was again elected into the same office by a jury selected in the same nianneras the former, and in consequence their Lordships a second time allowed an information in the nature of a aea warranty to be Bled against him, when he again disclaimed. Another informatiorehad been filed against a Mr. Chitty, who was the late Mayor, but from his delaying to file his plea till a short time before the last Summer Assizes for Hampshire, the parties were prevented bringing the case on then, and it now s t an d s f or trial at the next 'Spring Assizes. Their Lordships might perhaps remember, that the ground upon which those informations proceeded was, that the Bailiff had not been permitted to use his own discretion in the.selec tion of the Jurors, but that the Steward had nominated on the precepts the persons whom he was to summon to serve on the Leet Jury. In the present case, notice was given to Air. Hee ' tor, that if he persisted in nominating the Jury, and in re maining with them after they had been charged and ordered to retire to consider of their presentments, instead of permitting the Jury to discuss them without the presence of any other person, application would be made to their Lordships for permission to file. criminal information against him. Notwithstanding this notice, however, it appeared from the affidavits, that Mr. flee. tor - had persisted in nominating -the Jury—Seat the Jurors, prior to the meeting of the Court, had breakfasted with Mr. Jol liffe and afterwards walked in procession to • the Court House, headed by him, the Reverend Mr. Jolliffe, his - brother, who was afterwards elected Mayor, Sir G. Jolliffe, his son, and Mr. Chitty, the late Mayoreed that When an objection was made by one of the Jury to the eligibility of the Rev. Mr. Jot-. Elle, on the ground of non-residence, and that he would not be approved by the inhabitants, Mr. Hector interfered, and said there was no objection to him, and that he : paid . rates and: taxes, and he seemed out of - temper at the objection.aa The affidavits also stated, that the Foreman 'of ' the 'Jury was Mr. John Meeres, the person who had twice -disclaimed the' office of Mayor, and that on the very day on which this transztc-. tion took place, Mr. Jolliffe intimated.piehliedy .that.bir Philip Musgrave— Mr. Justice BAYLEr—Was that in. the presence of Mr. Hector ? • Mr. HsnaisoN—Yes, my Lard, Mr. Hector was present the whole time. He (Mr. Jollife) intimated that Sir Richard Musgrave, one - of the present Members for the Borough, in tended to vacate his seat, and that he should immediately pro pose his nephew, Sir George Jolliffe, the son of the Reverend Mr. Jolliffe, the present Mayor.—l am aware that your Lord ships will never interfere in mere election questions, but I ap prehend it is of the utmost importance that this Court should guard the legal Institutions of . the Country from being made the instruments of corrupt influence in boroughs to serve the private purposes of individuals ;:and I conceive that in all cases of this kind which come before your Lordships might mention the recent case of the Mayor of Chester, in support of this opinion) it is your peculiar province to interfere and to visit . every attempt to pervert legal establishments for such ends, with its due and proper punishment. In this case, your Lordships will perceive that it is most important that those who have established their right should have the chance which the Law gives them by the election of a fair and impartial Re turning Officer, who is to decide opon the exercise of ihat right. I ipon these grounds, I submit that lam intitled to the ride against AIL Hector. tis impossible •to suppose that lie was ignorant he was doing wrong. The affidavits state, that he is not only the Steward of Mr. Jolljffe's Court Leet, but the active agent and adviser of that Gentleman in every one of the contests in the Borough, and that lie appeared as his agent, and was examined as his witness, before the Committee of the House of Commons. Mr. Justice BAYLEY—Had that mode of proceeding ever been decided to be illegal ? Mr. HARRISON—It has never been decided, because, by successive disclaimers of the Mayor, it •has never come to trial ; but, if your Lordships will allow me, I will observe that the grounds upon which motions of this sort are founded, rest upon the mo:ivc of the party who is charged wit; i any particu lar act. In the case of the late Mr. Jollitfe, the father of the present Member, he did that which was considered incorrect, and he was made the subject of a criminal prosecution. It was for distributing a printed paper in the town of Kingston with a view to influence a jury with reference to a trial respecting tile elzction of Overseers of the Poor, which perhaps might have been done innocently by some persons, but was criminal in him, as it *as done to serve private purposes. In this case, it is impossible to mistake the motive Of 111 r. Hector. Mr. - Hector was the person who, before the Committee of the House of Commons, stated himselfto be in possession of Mr. Jollities documents, papers,•and reco r d s - -t h e A gent w h o managed his Election Petitions before the Committees, and to whom all his concerns in the Borough were intrusted; and so active has he been for his employer, that he w a s o nce th e su bj ect o f an in dictment for a forcible entry into a house in Pet;:rsfield, in order to prevent the owner voting at the last Election against Mr. Jolliffe. Mr. Justice BEST—Were they to meet on the day in ques tion to elect a Mayor ? Mr. HARRISON—Yes, my Lord; that was one of the ob jects of the Meeting.—l apprehend, my Lords, there is no doubt, for it appears in all the books, that the practice is for the Jury to retire for the purpose of considering their presentments. The duties of the Leet Jury were anciently very important; and though some of their functions have, from particular circum stances, ceased, it is essential th a t th ose f unctron i w hi c h remain should be regulated by the same rules and iitinciples which formerly governed them. Now when they were sitting as a Jury to find bills of indictment, it was impossible to ima gine that the Steward, who is the Judge of the Court, could legally be closetted .with them. Mr. Hector )11t.ft have been aware that the course he was pursuing was not legal. 1 am aware that your Lordships , have nothing directly to do with the elective franchise, but collaterally through questions arising as to poors' rates. Mayors of Bo roughs, and in many other ways it conies before your Lord ships ; and I am sure the Court will feel the necessity of their protecting it against the practices of a person in the situation of Mr. Hector, who is the Steward of an individual who has ex ercised a political influence in the place, and who has been his active agent in all his transactions respecting it ; and especially when your Lordships recollect the declaration which was made on the day which gave rise to this application,—that the ne phew of Mr. Hector's employer, and the son of the person cho sen as the Mayor and returning officer for the Borough, was immediately to be brought forward to represent the place in Parliament. Mr. Justice BAYLEY—Did you not state that there is at pre sent pending a prosecution against a person claiming under a similar application ?" . Mr HannisoN--1 did, my Lord ; but my affidavits state, that from the-defendant's delaying to plead, and from his throw.• ing the - case over to the Summer Assizes, it is expected that thn . e.will be another disclaimer. There is, however, this dif. Lrence between the cases,—that the former cases went entirely upon the round of the Stew a rds nam i ng t h e J ury, an d no i ssue was raised on the fact of his remaining with the Jury whilst they were considering their presentments. In this case we go upon both grounds. • Mr. Justice BEST—What do you state about his insisting to be present with the Jury ? • , , ; • - Me. HARRISON—Notice was giVen to him not to be present, and he remained in defiance of the notice. 111 r. Justee BEST--.ls it not necessary he should be present ? Mr. HanitisON—l 'apprehend not, my Lord; the Jury • re- Mr. JuStice BEST—Is that, which is done, in the form of a presentment ? Mr. Hannisorr—Yes ' my Lord. Mr. Justice BEST—What has been the practice on former occasions on the election of the Mayor ? Mr. BAR BISON—In old times the Jury retired,'as all other Juries retire ; and it is clear that the Steward was not present, for he alwa;s assumes the right of correcting matter's of form in the presentments, taking care not to'alter them in substance, as error in form might occur, as the Jury are closetted without the presence of any per Son to suggest the terms of them. Mr: Justice flor.novn—How long has the practice prevail ed of the Steward remaining with the Jury ? Mr. HanursoX,.—l believe it has been introduced by Mr. Hector. Lord Chief Justice ABBOTT—Do any of your affidavits state that the former practice was to allow the Jury to retire by themselves ? Mr. flannisox—l have not an affidavit to that effect. Mr. Justice Barx.Ey—lf there is an indictment found by the Jury, the Steward is the person to try it. 4lr. HannisoN—Certainly, my Lord. He is the Judge of the Court. The notice which we gave to Mr. Hector was in this form:— " We, the undersigned resiants, within the jurisdiction of " the above-mentioned Court Leet, and who are also free " holders within the Borough of Petersfield, and entitled to " vote at the election of Members of Parliament for the said Borough, ho hereby protest against your remaining with the Jury which may be impanelled at the said Court Lect, on " the 14th day of January instant, during the time in which " the said Jury are considering the several presentments " which they are required to make ; such. conduct on your " part being highly illegal, and subversive of the rights "of the Jury and the resuints and freeholders. And we give " you notice that should you remain with the said Jury during " the time aforesaid, in defiance of this notice, an application " will be made to his Majesty's Court of King's Bench, for " leave to file a criminal information against you for wilfully " persisting in an illegal course." Mr. Justice BEST—I do not understand that the Jury them selves protested—they/ did not object. Mr. HanitisoN—lt is difficult for us to shew what they themselves did. Lord Chief Justice ABBOTT—Yon cannot shew that they protested against it. Mr. Hann ISON—No, my Lord, it is hardly to be expected that they should—all the Jury were persons whose names were put upon the precept by Mr. Hector. My two objections are, 'lns; that Mr. Hector nominated the Jury, and that the selection was made for a corrupt purpose: and SECONDLY, that he remained with the Jury, so Illegally and corruptly named, during the time they were considering their present ments, in order to influence their election of the Mayor and other Officers. Lord Chief Justice ABBOTT—It is very desirable that you should lay before the Court the' ancient practice—whether'it was the practice for the Jury to retire. Mr. Halniso24-1 have suggested that such affidavits should be furnished. Mr. Justice Bartry—You are aware that the Grand Jury of this Court have an officer invariably remaining with them during the whole time. , He very often assists them in matters of law which arise. Mr. lannisox.:—He is not the Judge of the Court, my Lord. Mr. Justice BArLEY—No ; that may apply very well to the indictments, but not so well to the presentment of particular persons for corporate officers. Mr. 11.awalsoN—Will your Lordship allow me to mention this a day or two hence. Lord Chief Justice AnnoTT—COtainly, with such affidavits as you may consider necessary. CLAIM OF PRIVILEGE FROM ARREST. Mr.,if OLT renewed an application made some time ago; in behalf !of Dr. Battine, who ,;]aims to be discharged out of the 'custody of the Marshal of this Coct . i. on the ground of bei ng one of' the Gentl emen o f the Privy Chamber, or one of the King's domestic servants, entitled to' privilege from arrest.— When the application on a former day came before the Court, the Judges required some proof that Dr. Battine performed services which brought him within the description of the King's servants, and in default - of that proof they refused to discharge' him. Mr. Holt now read the affidavit of I.)r. Battine, by which it appeared that he was appointed to the.office by his late Ma jesty in 1812, and had been continued in it by his present Ma jesty. At the Coronation of his Majesty he was summoned to attend, and had the honour of walking in the procession next the Judges. He was entitled to double fees, on account of at tending the Coronation and his claim was before the Tre asur y. Judge BEST—Did h e ever attend the King at any other time than the Coronation ? Mr. II o LT—No. Judge BEST—II may be a l ong time liefore he will be ex pected to attend again. Mr. HOLT then stated that Dr. Battine, following legal ad vice, had applied to the Lord Chancellor to establish his privi lege ; but the Lord Ch ance ll or cou ld find no precedent u p on which he could relieve him. The question, under all the cir cumstances, was whether Dr. Battine could be discharged 'as a menial of the King? - Judge BAYLEY—Does he ever attend the King ? Mr. Hour—Not constantly. Q. Does he attend by deputy ?—A. No. Judge BEST—Because there is nothing for a deputy to do. - - Judge BAY LE Y—UnICSS he makes an affidavit stating the nature of the duties, so as to Satisfy the Court that he has real duties to perform, and that the dignity of the Crown would be diminished unless he attended, it would be most outrageous in us to release him. Judge BEST then adverted to a Proclamation in the reign of his late %lajescy, in which it appeared that his Majesty was desirous that.none but persons doing actual service in his house hold should protect themselves from arrest. 31r. lIoLT read the summans sent to Dr. Battine, by which he was desired to attend the Coronation. Judge BEST said such attendance could not give him the privilege contended for. If it could, every Knight of the Bath might claim it. J udge BAYLEY—This case was fully considered by the Court on a former occasion, and we were satisfied no person is entitled to privilege unless he is a servant with fee. Vt ith respect to servants without fee, the King may asst his own dignity by requiring their attendance. He is entitled to ask REIIND.—The Dublin Correspondent of Jan. 29, received this morning, states, that letters had arrived containing an account of an engagement between the Army and a numerous body of In surgents, near the town of Kanturk, in which the latter had suffered severely. The letters added that thirteen of the military had been killed.—The Cork Mercantile Chronicle of the 28th Jan., also received this morning, contains a letter from Kanturk, which renders the truth of this alarming statement too probable. The writer say, that about mid-day on Saturday, three men called at E. RIORDAN'S, Esq., and demanded all the arms. They then made the work men desist from their employments, " that they might not be too tired for the business of the night." It was reported in the town that an attack on Kanturk was meditated. Some said that there was to be a general rising ; and others asserted that it had been determined at once to form an encampment of the peasantry. The people were described as evincing a most desperate resolution, acknowledging that they were sworn, and expressing their determination of going to the utmost extremes. Two gentle- men who were shooting in the neighbourhood, immediately on their first shots being heard, had been surrounded by about a hundred Insurgents, who deprived them of their fowling pieces. —We look with great anxiety for the next arrivals from Cork or Dublin. At Mill.itreet, another town in the county of Cork, the party of the Rebels who mprdered Mr. BuEItETON, were audacious enough, after re ceiving an accession of force, to make an attack upon the Bridewell, probably for the purpose of rescuing the prisoners. Before the military could act, they had broken the windows ; but they were finally repulsed by a small party of the 39th regiment, under Capt. WALLis, who acted with great gallantry, and pursued the fugitives, but was unable to make any prisoners, on ac count of the smallness of his force. It is not stated that loss was sustained either by the mi litary or the insurgents. On Friday, about a thousand Insurgents ap- proached the-town of Newmarket, in the same county, threatening an attack. Captain KAP rttocK and Lieutenant GREEN, however, with about thirty men of the' 22d regiment ) went out to meet them, and dispersed the Insurgents 1 the first fire, killing and wounding several, and taking three prisoners, The same day great alarm prevailed in KilM r ' ney, in consequence of a Magistrate entering th e town, and informing the inhabitants that the Re' bels were in great force on the hills between K'l' larney and Inch. The Magistrate, Mr, McCatcruf' of Ileadfort, took out two detachments of the O h Regiment and Carbineers, and, accompanied 11 a numerous party of Gentlemen, all armed, pro' ceeded to battle to the Insurgents. The lat' ter, however, did not wait for the attack, but dispersed. Eight prisoners fell into the hands 0f Mr. APCARTHY. The inhabitants have formed an armed association for the defence of the town' Fifty-one prisoners have been brought into Cork from Macraom. The outrages in the imme diate neighbourhood of Cork are increasing il l number and audacity. A shop-keeper i n that city has been detected in selling ammunition t° the insurgents. lie was, with the agent of t he Rebels, arrested and lodged in gaol. O n Mon day morning, a strong detachment of the Rifle Brigade marched from Cork' for Bandon. Tlle9 had come in the preceding evening from FernioY, and were to be followed by other troops to th e amount of some thousands, for the purpose °f being dispersed over the disturbed districts. Th e 78th regiment received orders on Tuesday lo t to march from Dublin the following day. The Rebels have formed a camp at Inchiga/a, 'consisting of several thousand men. The body of Insurgents which was attacked by Colonel IslyrcuLLL, to the south of Macrooon on Friday last, consisted of several thousands; and, was advantageously posted on the side Of 3 bill. On Colonel MITCHELL ascending a n emi nence, to reconnoitre them, they took off their hats, raised a loud shout, and rushing down ulw ra the troops in a great mass, and forming in a line behind a ditch, commenced the attack by a dicharge of fire-arms. Their fire was howeve r ineffective, and after the second discharge o f the troops, which was well-directed, they beg"" to disperse, leaving one man killed on the ground' and twenty-nine prisoners. The number ° f the wounded is, supposed to have been con" siderable. Sir JOHN LAMBERT has arrived ia t . Macroom with a f res h d etac h ment of caval!v., —This small count r y t own , w hi c h i s now head-quarters of the district, is crowded with miltary. Air. B ARRY ' S house was not burnt down, though it was entered by th e R e b e ls, and every article of furniture, clothing, provision', &c. which it •contained, was destroyed. M r ' BARRY'S family were in the house at the time ; and were, threatened by some of the ruffians witi' the worst treatment. Some of the party, ho ever, more moderate and humane, successfully interfered for their preservation. Mr. BARI" himself was acting, during the destruction of his property, with the Gentlemen and Soldiers Iv" had encountered the Insurgents. The party of Rebels which engaged with Lord BNTRY, sheaved, it appears, the most determin ed courage and firmness. Though badly armed , and apparently little prepared for the conflict, the fastnesses of their mountain home, and th e desperate and determined spirit with which thief fought, enabled them to maintain the battle for nearly three hours, when the party of Lord BANTRY, which consisted of about fifty Gen' Hemet', well armed and mounted, besides th e military, thought it prudent to retire, their an' munition being expended, and the resolution Of the Insurgents unabated. On Friday, a Privy Council was held in Dul' ' lin, at which the Barony of Fermoy, in th e County of Cork, and the Parish of Garristown, in the County of Dublin,and the Parishes of At*" lath, Clonalvey, Piercetown Landy, and Belles' town-hill, - in the County of Meath, were pro claimed to be in a state of disturbance, and to rc' quire an extraordinary establislnnent of Police. Amongst the alarming details of all thee transactions, it is gratifying to find it stated il l The Cork Mercantile Chronicle, that the, inhabi' 1 tants of theparishes of Clondrohrid and Kilmichael' - near Macroom, w h ere one o f t h e conflicts too l* place between the Insurgents and the military , have voluntarily come forward to surrender thei r arms and take the oath of allegiance. The °nil parish holding out in that quarter is Ivelearp- -- The Editor of the Cork Paper says he had re" ceivod undoubted intelligence of this, just before publishing his Paper. We hope the fact will be confirmed. The conciliation is said to have bee ° effected through the mediation of Messrs. NA" - DING, BOYLE, WSWINEYS, &c. The arms wer e to be surrendered the following day a t Clow' drohid. IMILLsTnEET, J. 25.--You have, before this, }wolf.' ° f our miserable situation here ; but you can have no idea of it unless you were on the spot—all here.is terror and confusion -- ttie people are congregating from every part; I a m widen bounds when 1 say, 5000 are on the hills near this town.. wh doi w•il eye spa tio son of by cen Wa: ast( the, art Joni the that gat( lief titri SUci tern and of t tour T si on Do i N'oui ( lent °rue! vasio (In 4 Ppli of th hour. The, PrOp i bent c able "out GRI G addit ilefoi •kligtl great] ~~ssol c lar Per : (we di sco` Sherif mo ves l ''°ves been Petitic I,lre p dissoli that a ill6r of ieetil Act 0 of thi, Meetit at whi iirst ar qthlctio a . s sernL li eve a for no relief of the ling, otherwise he would issue his writ ot _ _ Judge BEST—II Dr. -Battine was entitled to relief, he would have his writ of privilege, but not having * it, he is not e ntitl e d to relief. The f ac t i s t hi s — persons are only entitled to pri vilege who serve the King personally. If we saw an affidavit from Dr. Battine, saying his services were required near the should not refuse to releage him. Although Dr. Battine has been employed in the service many years, he has only been employed once—on the extraordinary service of eat ing a Coronation dinner.—Application refused. COURT OF CHANCERY, JAN. 31. LORD FRANCIS GODOLPHIN V. LORD COLCHESTER, SAND Slit RICHARD RICHARDS, THE CHIEF DARON OF.THE COURT OF EXCHEthTER.. This cause came before the Court a considerable time back. The suit was instituted in order to obtain the opinion of the Court upon the construction t o b e p u t upon a marr i age settle ment drawn up and agreed to at the time of the marriage of the plaintiff, Lord Francis Godolphin, to I‘ , iiss Eden. The Loan CHANCELLOR now delivered his judgment. He said he proceeded to the decision of the cause with some hesita tion, knowing that the opinion of either of the defendants was, probably, better than his own; but as the cause had been brought before the Court, he had of course grappled with it-in 'the best manner he was able. It appeared that at the time the mariage settlement between Lord Francis Godolphin and Miss Eden was made, the former was entitled to 20,0001., which was secured by Mortg a ge on th e es t a t e o f hi s brother, the Duke of Leeds. By the marriage settlement, that sum was appointed to be vested in Lord Colchester and Sir- Richard Richards, as trustees, and-it was to accumulate until it amounted to the net sum of 50,0001. The trusts to which the Money 'was to he ap plied were the payment of 5001. to Lady Godolphin, upon the death of his Lordship, and a jointure of 1,5001.: 20;0001. were also to be given to the younger children of his Lordship and his Lady ; but if there should be only one younger chip, it was to receive only 10,0001. If the accumulation should acerne'dur ing the lifetime of L or d F. G o d o l p hi n, i t was intended that his I Lordship should receive the intereSt. The original 20,0001. had accumulated to a sum much larger than 50,0001. - ; and Lord Godolphin, who was living, claimed all the surplus over the latter sum. The trustees, however, scrupled to pay the money to his Lordship, who, under those circumstances, ap plied for the interposition of the Court. .He (the Lord Chan- eellor) was of opinion that the trustees, after setting apart 50,0001. (taking care that it was-sterling money), ought to place the remaining funds at the disposition of Lord F. Godolphin ; the intention of!the trusts would then be fulfilled. He had placed upon paper his reasons for coming to that conclusion, • for the purpose of laying it before. the Chief Baron of the Ex chequer ; but what he had stated was the substance of his judg ment. CIRCUITS. The Judges met yesterday morning in the Exchequer Cham ber, and chose their respective circuits for . the ensuing' AsSizes as follow: NolirOtH. - -=Lord Chief Justice Abbott and the Chief Baron. Mini.AND—l.ord Chief Justice Dallas and Mr. Justice Best. HOME.----Mr, Baron Graham and Mr. Baron Wood. NORTHERN-_N3 r. Justice . Bayley and Mr. Justice Holroyd. NV nsTEn.N-111r. Justice Park and Justice Burrough. Oxr. on D-11 r. Baron Garro w and Mr. Justice Richardson. TO CORRESPONDENTS. The BRITISH INsTiTtPrrolz, No. 3, and " An Emor.rsir. MAN and a FREEMAN Of CORK," in answer to .the Rev Sir Ilancoulur .LEES, Bart. to-morrow. , ERRATUM in Yesterday's. Su - N.—First Leader, L. 15, for " 90,000 francs, or X 3,750,000," read " 90,000,000 francs, or af3,750,000." PRICE OF STOCKS 'CHB DAY AT TWELVE O'CLOCK. 3 per Cent. Red 7Bai4 Bank Long Anr l9l 3 per Cent. Cons 76i 7b India Bonds • 78s - . Cper Cent 964 - Excheq. Bills 5 6 pr. 5 per Cent. Navy Ann. 107i8ii Cons. for February 76_Ui HIGH WATER AT LONDOT Morning, 8 minutes after 10. 1 BRIDGE TO-MORROW. Evening, 32 minutes after 10. THE SUN. SOLEIII dUIS DICEELE FALSUiII ;11IDEAT LONDON, FRIDAY, FEBRUARY 1, 1822.