The Sun. — London, England, 1822-12-12 00:00:00

FOREIGN. INTELLIGENCE. • Paitts,..Dtc. 9.—The Eloile announces that it •has received a letter from Lisbon, in:which it is. stated that the Queen 'of Portugal had re fused to•take the oath. to the Constitution.. Of all the news that Paper ever gave, this is the least authentic,•and.the most improbable. Every one knows that on - her arrival at Lisbon the Queen declared for. the Constitution with the greatest spirit and e!ithusiasm. : The Queen and the Princesses have now at their disposal, for the .expences of their household, more considerable stuns than were allowed them. under the old system. The Queen has, on several occasions, acknowledged the generosity of the Cortes to her, and expressed her gratitude for it.--j - low can it be supposed that this Princess has all at once changed her principles and sentiments, at the very moment when the king, her husband, finds-in, the .love of the Portuguese people the recompense of his attachment to the new system, and of his fidelity to ,- his oaths ? (Courier Frangais.) • The Etode of yesterday pretends to refute the journal des . Dards.: The former Paper casts out the latter 'from the sanctuary of pure royalism, and placesit almost among the reprobate. There is in the refutation of the Etoile about as much food faith and good sense as in the articles of the journal of - Urge!. One might be induced to con that M. Ortaffa, Minister of Justice— Minister .of the Interior—and man of all work to the Regency--had yesterday superintended the . editorship of l'Etoile.-(Constitutionnelj Letters from Madrid, dated the 2d instant,' state, that there had been great movements among the diplomatic body in that city. The Foreign Ministers had met several times in the hotel of the French Ambassador and in that of Count Darnatt, formerly Envoy from Denmark. The public were unacquainted with the object of these meetings, which however did not inspire any disquietude.—(Journal de Paris.) A letter from Toulouse, dated Dec. 2, which has been communicated to us, contains the fol lowing postscript:— " On the 29th and 30th November there was a general affair in Spanish Cerdagne between the Army of the Faith and the Constitutional Army. The Baron d'Eroles was dreadfully routed. Letters from Spain say that it is not known what has become of the Baron, and that it was believed he was killed ; but a dispatch from Lieutenant-General Belair announces that he had entered France with an escort of sixty horsemen. General Nina commanded in chief, and had General Roten with him. " Eight in the evening.—lt is this moment announced, that General d'Eroles is at Toulouse ; that he has taken up his quarters at the Grand Soleil, and that seals have been put on all his papers, at the instance of the house . of Ouvrard, of Paris. " Great numbers of priests, capuchins, and soldiers of the Army of the Faith, have arrived here. There have also arrived seventeen officers of the Constitutional Army, who had been taken prisoners, but set at liberty on reaching the French territory. Among, them are five Lieutenant-Colonels or Colonels. The others are Chiefs of Battalions or Captains. The son-in-law of General Milans is among the number."— ( Constitutirrmel. _ A letter from Perpignan, dated the Ist, states, that Mina took possession of Puycerda on the ult., after a general battle, in which the troops of the Faith were routed, and pursued to the French frontier. Two thousand of the Insur gents 'found an asylum there : the rest were killed or made prisoners. It is said that Mosen Anton Col has been'taken, but that is not certain. It appears that the Arruy of the Faith, now de feated, consisted of the remains of that which the Baron d'Eroles had before commanded, reinforced by the bands of Cargoles, Malavilla, Montane, Col, &c. During the action, our troops were drawn up in order of battle on the frontier line, with four pieces of cannon, which had been brought from Mount Louis. When the insur gents were driven into France, they were so closely pursued that the balls of the constitu tionalists, reached our line. A French grenadier MIS killed, and an officer wounded. A capuchin was also struck •by a ball, and fell dead on tho French soil. The Spanish General, however, stopped the firing, and ordered our frontier to be respected, as soon as he saw that the rebels triatie, nothing French. Such " truths" are neither certain nor useful„ -they have not even the merit of being original ; we hare already found them in the Constitutionnel. But let us Tesume our review of the reasonings of this jour nal. It sets out by hypothetically entering into the arguments I of the,Royalists, whom it no longer styles fanatics, but:" mis judging friends" of the cause of Monarchy. " The Liberaux do not wish for war against Spain, therefore we Royalists ought to wish for it." It adds, the revolutionary Liberaux wish for war, because it would involve the Government in the " most cruel embarrassments." In the most cruel embarrassments ! And what are they—whence could they arise ? From Revolu. tionists within or without the kingdom ? But who Aloes not know that all their efforts have already failed before our Mi nistry and our army ? 'What can they do, now that all Europe is armed against revolutions ? " War would render necessary an expenditure of two hundred millions a year, which would destroy our credit." But France, in 1815, paid eight hundred millions, and the loan which she negotiated, far from injuring her credit, raised our funds from 55f. to 75f.; and if the faults of certain men who were for a moment at the head of affairs had not retarded our prosperity, France would now be at the height of financial prosperity. At this very time, notwithstand ing the conviction' which prevails of the difficulty of avoiding war, the funds of Prance are, with the exception of the Eng lish funds, the highest of Europe. Besides, who has told the Journal des Debats that the war would last for years ? Has this journal forgotten its "pointe" and its " military prome nade ?" " War would create obstacles to our commercial navigation:" who does not know that for more than a year past the French ships, which, in consequence of a family _pact, were exempt from all imposts, are subjected to a tonnage duty on entering the ports of Spain, and that the French Government, with an unexampled moderation, has not yet retaliated ? " But American and English privateers, with letters of marque, would ruin our commerce." It is believed that France is reduced to the state of Spain, whose principal port, Cadiz, has been blockaded by two of the independent privateers ? With 10 frigates, which can instantly fit for sea, France little dreads privateers, to whatever nation they may belong.— " War would open a series of chances which no human pru dence could seriously calculate, and amongst which there would be a thousand possibilities of events fatal to legitimacy, and fa vourable to subversions." What ! is this a Royalist journal which holds up such dangers ? Venture, then, to enumerate the said dangers. " The Revolutionists," you say, " cannot avow these criminal hopes," and it is you who avow for them, " By this plan of tactics, they drive into a dangerous warmth those who, having their political opinions composed merely of sentiments and phrases, forget to calculate the true interests of their country." It is true that the politics of the Journal des Debats cannot be accused of sentiment; but what is it but " phrases" that we have hitherto? viz.- 4 " The long silence of Verona has proved the difficulties of the affairs of Spain. The august Council of Monarchs remained long stationary before the quicksands which we pointed out." We know not where the Journal des Debats saw this indeci sion. 'We believe that France alone could suspend the deter minations, which might easily be foreseen, since they are the rigorous effect of the principles of the Holy Alliance. " The official declarations which have appeared, indicate clearly great circumspection." We know not where the Journal desDebats saw that circum spection ; but what we now affirm is, that there is nothing in the declarations of the Sovereigns that is not grand, noble, worthy of them ; nothing, in short, that indicates that cir cumspection which would be timidity ; Sovereigns will put an end to revolutions, and they do not see the danger of direct ing their efforts against a nation " impatient not of all foreign succour," as says the Journal des Debuts, but "impatient to receive it." Recognizing the right claimed by France, the Journal des Debats says—" And what responsibility for us, if, in choos ing all our means ill, we fail in our end ?" Such inquietude seems very unworthy of the confidence inspired by a Royalist illinistry. But difficulties increase with success :—" Madrid is occupied; the King is in the midst of his people ; nothing is finished"— and why ? " There have been so many Ministers in Spain that the ministerial stock is exhausted." We need not point out the incongruity of this expression. If the Journal in 1815 had so reasoned upon the state of France, what would it have said ? BRAZIL. itio-;bE•J'AtEIRCi, Oc T. 20. The Ggecte do Rio of 15th October having, in a long article; discussed the relations betWeeii.Portugal and Brazil, conc'udes that there were no means to save the latter, but to declare its independence. It then proceeds:— The anniversary of the birth of the Prince Royal was chosen for this most solemn act, the 12th of Oct., on which the august Perpetual Defender of Brazil attained the age of 24 years, saw his elevation to the supreme title and sublime dignity of Consti tutional Emperor of Brazil, who declared his acceptance in the following manner : " I accept the title of Constitutional Emperor and Perpetual Defendertg Brazil, because having heard my Council of State and Procurator-General, and examined the representations of the Corporations of the several provinces, I am fully convinced that such is the general will of all the others, and that it is only from want of time that they have not yet arrived." This answer, made by his Majesty to the President of the Senate, having been announced to the people from the balcony of the palace, it was received with the most enthusiastic accla mations by the immense multitude in the square, and the crowds of spectators in the windows waving their handkerchiefs, &c. The President of the Senate then proclaimed the following viva:, which were repeated with inexpressible transports by the multitude—" Our Holy Religion !"_" Long live Senhor Don Pedro 1., Constitutional Emperor of Brazil and the House of Braganza, reigning in Brazil"—" The Independence of Brazil"— 4 The Constituent and Legislative Assembly of Brazil"—" The Constitutional People of Brazil." The solemn, legal; and majestic act of the proclamation by the people being terminated, it was succeeded by that of the troops, commencing with a salute of 100 pieces of artillery, and three volleys of musketry, at the end of which, approaching the barriers of the troops, the people repeated the exclamation above-mentioned. Sonic time after, her Imperial Majesty the Empress, with her august daughter, proceeded, in a most splendid carriage, to the Imperial chapel, accompanied by a brilliant and numerous Guard of Honour; the troops then formed in lines in the streets, through which his Majesty, the Constitutional Emperor, was to pass. His Majesty soon left the palace and repaired to the Imperial chapel, to return thanks to the Almighty, for which purpose the Municipality had ordered a solemn Te Deum, accompanied by all the cor porate bodies which had assembled for the solemn act of pro clamation. After the Te Delon, their Imperial Majesties showed them selves at tie windows of the palace. There was another salute of 100 pieces of cannon, and three volleys of musketry, after which the Vivas were repeated : the troops then filed off in front of the palace, and returned to their quarters, the officers remain ing to pas their obeisance to their Majesties. In the cvening the whole city was illuminated, and their Ma jesties went to the theatre, where verses were repeated, hymns sung, ant pieces represented, all adapted to the occasion. It is impossibie, to describe the transports with which their Majesties were welcomed. The rejoicings and illuminations were repeated the following day. Even the rain that fell in abundance on both days could not check the ardour of the people: OC'JOB'ER 19. Mt Gazette of this date contains a proclamation by his illajeity, pardoning deserters who shall return to their colours in two months. The Gacete do Rio of Sept. 26, contains the letter from the King of Portugal to his son, dated August 3, 1822, and the Prince's answer, dated Sept. 22.; 1822, (which we have already given), in which he tells his Majesty that he considers him as a prisoner; and that he declares null and void all the decrees whichhave been made, or shall be made in future, for Brazil, by the Cortes of Lisbon, which he calls by the epithets of " factious, horrible, Machiavelian, disorganizing, hideous, and pestiferous." The Journals .contain numerous addresses anti proclamations of themunicipalities of various cities and provinces, relative to the declaration of independence. Majesty has ordered a change to be made in the arms and natior.al flag, to adapt them to the present state of things. CITY, WEDNESDAY EVENING. Though the freedom of the Peninsula be dear to English Ten, yet the restoration of the independence and glory of Ancient Greece possesses also their most constant atten tion. The train which the magnanimous ALEXANDER has laid for the subjugation of the Turkish Empire is perfectly under stood, and the success of his policy in Persia is equally known. Every thing necessary for the equipment of the Persian army, all accoutrements, and implements for soldiers, have been furnished by. Russia, and a few articles only, such as green cloth, have been ordered from England because, Russia did not produce them. To extend the Russian Empire along the shores of the Levant, and to become the real C.ESAR of Europe, are the true objects of this Emperor of Muse OVY, and onlyßritish neutrality, and the employment of the resources of France against the liberties of Spain, are wanting for the accomplish. ment of designs hostile to the civilization and happiness of the human species. In the changed policy of British diplomacy, however, some hopes may be entertained that Russian con quests will not •be 'extended in Western Turkey. Mr. CAN NI NG has a real harvest of glory before him ; for by a proper use of the immense power which he at preeent wields, he may create an Empire which will be the natural ally of the British Nation, and will bean eternal. bar to the extension of the Russian power over that fairest portion of the globe. The success of the pre sent Continental league, against the liberties of mankind, every merchant thinks must be followed by prohibitions and anti commercial regulations against the commerce of England with the Continental nations of Europe, and hence every effort on the part of the British GoVernment to support the Peninsula against the outrageous claims of the Holy Alliance, and to snatch the country of the ancient Greeks from the grasp and ambition of Russia, will be hailed in the City as actions abso lutely necessary for the security of their property, and for the protection of the liberties of Englishmen. In•the City this day even rumour has lost her influence, for it is expected that some time must pass before the Legitimates make up their minds to actions which may involve them in ut ter ruin. The Consols opened at 80l B, and advanced to 804 ; their lowest quotation was 801, and the closing price 803. It was reported that the Duke of WELLINGTON had arrived at Paris, where he was expected to remain for some days, and to endeavour to enforce the principles of England on the Ultra Ancient Noble Ministers of France. It was even supposed that he would proceed to Madrid should he fail at Paris, for it is admitted on all hands that Mr. CANNING, fearing not war, will yet do all in his power to support the freedom of nations by pacific measures. The French Rentes in Paris were on Monday 88. 45. at the closing of the market. ,During one period of that day. they were 88. 90. but fell afterwards. They are, however, a less certain criterion of publiC feeling than our own stocks. Purchases of them were made here a week ago at 85, and orders were trans mitted at the - same time to-sell equal sums at Paris, as a profit of two per cent. arose from the difference in their value betwixt the two capitals. Still, however, the French sinking fund had then the power, by its operations, to prevent any decline. A good deal of business was again done in Spanish, Neapolitan Bonds, and Prussian Scrip ; the uncertainty, however, which continues to hangover the fate of nations, rendered the value of every description of European Public Securities lower at the closing of the market. The Underwriters at Lloyd's were greatly astonished this morning, by a large policy of insurance which was effected on the property of the Marquis of LONDONDERRY from Trieste to Britain. A Ballot this day also took place, to supply the vacancies of Messrs. INNES, BARNES, and JAMIESON, who go out of the direction of Lloyd's by rotation. The Candidates were— 'Mr. .T. Levy - 466 Mr. Hathaway - 243 Whitmore - 464 Hodges - 155 Shaw - 454 And the three highest on the poll were declared duly elected. The Committee has now most important duties to perform to the Mercantile Interest ; and the result of this day's Election has given great satisfaction to the Subscribers at Lloyd's.— ( Morning Chronicle.) . , bad laid down their arms within the French Besides, where has it seen that Spain is so poor in men as has territory.—( Journal the Commerce.) been affirmed? It is reported that there has been an insur- The Journal sees no means of organizing a regular Govern rectioti at Martinique, in the quarter of Mount ment, because the Grandees belong to patriotic societies, and Corbt't, and that several families had fallen vic- that no Chamber of Peers can be formed. 'We have seen, and tims. Fifty negroes, taken with arms in their we see still, similar examples in France, and yet we have a bands, it is said, have been shot. Order was Chamber of Peers. The Spanish Nobility will recruit them completely restored on the 19th of October.— selves in the fields of Navarre and Catalonia. (/bid.) : " What is to be done ?" says the Journal des Debats. _ _ Yesterday evening the King transacted busi- ancient Cortes cannot be restored—Those of Arragon pos iiPss with the Minister of Marine. sessed a more exorbitant power than their present succsssors." Their Excellencies the Ministers, the Pope's But who dreams of restoring the ancient laws without accom- Nuncio, the Neapolitan Ambassador, the Prince neodating them to the new wants of Spain? de Talleyrand, the Marshals Dukes de Reggio, „ But adds the Journal, " old charters—modern charters— de Dalmatia, de Treviso, d'Albufera, numerous nothing of all.this cures the fever of civil war." And by whom Peers, and a great number of General Officers, . ' Is the civil war made? By those men who invoke your sue lad the honour of paying their 'respects to the cour, and who, without other support than their courage, have ling. renewed in Spain, the prodigies of La Vendee ? " There was a report to-day of an action on the But those men would use the dagger against any one who would occupy .frontiers' between the French ' troops and the :Spanish: There is no truth in it.' their country." But there is no question of occupation; and , we have not forgotten that the Spaniards did not use the dag . . . ' ' ' [From the Etoile of Sunday eicfning.l , against the English and Portuguese who aided them to get •': The Joiirnal des Debats yesterday broke the ! silence which it ger rid of Buonaparte. ' " But there will always remain guerillas." seemed to have imposed upon itself, in expiation of sevaral Let the Spanish-Monarchy be restored, and a good gendarmerie .'articks'which have astonished France and! Europe. But no— will be sufficient against that danger. ats of leaving e•Pain time to reflect and collect S repenta'rice is not the cause of that silence; the Journal of yes- "'e are desiroherself." ' - terday explains it ;it would notindulge in repetitions; because Certainly.—What have we been doing for two years ? It professes " the conscientious intention of speaking only The French Government cannot be reproached with not hav ing left the Cortes time to reflect ; and what have these re trathi at once certain and useful." ', flections produded ? A levy of 75,000 mtn, a loan of two Previously to entering upon the reasoning of the Journal des hundred millions, and all sorts of outrages against the Debate, we would inquire what it means by the singular article King, t 1t r e o has followingjust e withoutdesi desire, escort. aha . which, we ate about to attack. To prove to the Ministry that ways shall, that in time, and with the consent of the King, there it ought to do every thing to avoid war? But that journal s in h e o n ul s d u w e l e e n it t l y ST: w in e , r i f v u e i, w a il n l d n s o u t f p e r en a tl l r iar s ti t rOt a te u e n e i ci on ui o re f might easily discern that reasoning of this kind was useless. It and retain in their hands an authority adequate to effect, with ought to, know that the French Ministry has done every thing s o u ut e f t ireig l il e i n iterr t e t r e e n n e e d e n o t r en ciT h il s wa a r in th:Li l oi e i r tiations which as in its power to avoid war, even so far as to deprive itself of the Wh y en the enli g htened des Debats just now supposed an inter. aid which it might have found in the existence of a Royalist' vention by France, it ..as not possible to establish a Govern itiileenitll tl e ie f re F w re e n re ee no is m i i; e n ce i i n ne Spain. e lrat was difficult with LAST FRIDAY was the Fourth Day of Drawing, army. Its loyalty repelled the idea of supporting the Regency then, e asy without it. What when No. 16,522, drawn a Prize of TWENTY whilst it had an Ambassador at Madrid, And it is 'known of inconsequence and contradiction f THOUSAND POUNDS, was sold in SHARES by what ,Weight in the scale was a Royalist Insurrection in the thethe revolution eriiies otfheSpAarin Arguelles, gone backward andseeh m for ed t e w r o et y e e m ar e s h ? HaveeasCARROLL, 19, Cornhill, and 26, Oxford-street. event of war. The Journal des . Debats, had, therefore, nothing triumphed over the Galianognd the' Bertramsde Lys ? It is —This is a continuation of that Good Fortune toeffect on this point. But if war c9nld notlaw,oided-:---if, as no doubt from the prisons of Madrid that are to p rocee d' that which has for so , many years distinguished union . of men powerful and skilful enough to concentrate and , r , the JourAgi. ties Dsbats says: a little lower (for It is lavish of ! ! retain authority. ‘innuom.'s Offices. The above is the. only Prize •-contradictions), !ctbe T evolutonary violence o f spme spaniards. The public have, _happily, not forgotten the contradiction 2,0001. yet drawn : there are but. Two Days more, may, in spite is4',all Ole:prudence of, the F,rench.GOvernmont : which the Moniteur gave to the first article of the Journal des an d t h e Wh ee l co nt a in s 91 Capitals, inclUding '' Debate; they know as well as we that the politics cf the Jour " ooeasion.thiS unfortunitte4iecessity,7 what does it do lw i its ex- rica det s Debair are exclusively its own. , Two of 20,0001:, Two of 10,0001., Two of 5 ; 000/., posure of all the inconveniences of war? •It alarms-public . The, Freneh Ministry have done all to avoid war—their wis- -and. 85 others of 2,0001., 1,0001., .5001., &e. &C. a ° s u rn for al w d tt v i h e z , ,, , ,,, iii ha 's t ti t ll ie ditind they tl _ opinion, it discourages our soldiers, if French soldiers can be fEnTwlliaetterattieanteetiti:JNErt Tutsiokir, .Dec. 17., is the Last Day of _alum:aged. Certainly,- its disquisitions display nothing pa- ,interest, and the dignity of France require. honour, e Drawing but One. " The THE MATCHLESS. lIIGH COURT OF ADMIRALTY, DEC. 11. IMPORTANT DECISION UNDER THE REVENUE AND NA VIGATION ACTS. The facts upon whieh the present proceedings have been founded were stated in THE SUN of the 2.oth of November.— Thecondemnation of the cargo in the Court below took place under the Navigation ,and other Revenue Acts, the libel charging that certain goods had been imported from Halifax into Newfoundland, in a British bottom indeed (according to the exigency of those statutes), but by an alien (by birth), though his natural character was open to certain exceptions, owing to a long residence in a British settlement, and a variety of other acts. ev ...;___,, 0. - - -- 71: ) JA: *'' 4 ", ' ' , i. „ . .,, , \ , s i . e , . ~,....., , MASONIC NOTICES FOR. NEXT WEEK ' ItNGLAND. . 4 Monday,•Decemberl6, LONDON. Nos. I, 8, 14; 15; 22 ; ‘7 - 293, 308. COUNTRY. Nos. 20, 72, 102.219; ~A sli , f 423, 509, 510, 521, : u"'• Tuesday, - 17, I.OxrioN. Nos. 33, 42, 266. .0 COUNTRY. Nos 184 , 12 19 7 9 , , 1 3 5 8 1 5 , 5 5 1 3 6 . 2 1 : Li, , 551. at , .... Wednesday, - 18, LONDON. Nos. 56, 225, 29 6, 3 °'" • Grand Steward's Liouge' Public Night. I A COUNTRY. Nos. 92, 95, 105, 124, I, 146, 207, 229, 339, 8 1, 465, 480, 497, .V 9, 673, 711. wi 366. Thursday, - 19, LONDON. Nos. 65, 152, 2 / 4 9 4 House Corn. F e ' . e School, at 4 16, COUNTRY. Nos. 113, 171, 28 0 1 A il, 451, 453, 466, 409, " 561. - 20, LONON. No. 493. COUN D TRY. Nos. 23, 30, 55, 1932 470 600, 646. Saturday, -.21, LONDON. * a • COUNTRY. No. 64. IRELAND. Monday, Dec. 16, Conic. No. 67. -o'll Lord'STowELL gave judgment to-day. The seizure in this case was made of a cargo on board a vessel coming into St. John's, in the island of Newfoundland, in the month of April, 1821. That cargo consisted of various descriptions of provisions brought from Halifax, in Nova Scotia. These were libelled in the Court below as having been imported by aliens and foreign. era not entitled by law to exercise the trade or profession of " merchants or factors" in Newfoundland, and in violation of several enactments therein recapitulated, some of which had not i the slightest application to the case, but were mostly . intro duced into such libels, either as mere expletives, or to give the seizor a chance of so catching at something that might avail him. The statute that really applied to the case was the famous Nevi , gation Act, as it was called, of Charles 11., c. 18.; and this di rectly forbade such importations by aliens, while it entitled all factors in the plantations to exercise'the trade or occupation of merchants. The other statute asserted to apply to this case was the 28th Gen. 111., c. 6., which in sec. 12 and 13, provided that no commodities should be imported into Newfoundland from the United States of America except by British subjects and in British vessels. The claims set up in this case were in different sets : one of them was for 426 bags of flour and 200 half bags of bread, the property of a Sir. Milwich, described as formerly of St. John's, in Newfoundland, but presently of Boston, in the United States : another claim was for 251 bags, on behalf of Messrs. Reynolds and Co., of Halifax. Besides these, there were other claims, which had either been referred to other juris- dictions, or did not merit present inquiry. Now no objection had been started as to the ownership of that part of the cargo which Was claimed by Messrs. Reynolds and Co., British merchants of Halifax, and that part which was claimed by Sir. Milwich; was formally and expressly admitted by the seizor, as being the pro perty:of that Gentleman. Any objection on these accounts, or on account of any supposed illegality in the original importa tion of the goods into Halifax, from whence they had been shipped for the present voyage, if now made, would come too late. These matters, therefore, being dismissed, the' case re mained, subject to two other questions; one of them extend ing to the whole property found on board, (to the goods of Reynolds and Company, and of Milwich,) and the other to that portion which was claimed by Mr. Al ilwich only. The first of these questions arose upon this fact—namely, that a person of the name of Chevers, of an American character, was charged to have been employed on board the Matchless as a factor for the sale and transport of these goods such fact being of course no violation of that navigation law which prohibited any alien in Newfoundland from exercising the trade of " a merchant or factor." It had been contended that Chevers was not an American. It should rather have been argued that he ought not to be considered as an American ; for though he had done much to clothe himself with a British character, having resided in Newfoundland from 1808 to 1820; having served in British military corps in that island ; having taken the oaths of alle giance and fidelity to his late Britannic Majesty, and to no other potentate whatever ; and having only quitted the island in consequence of insolvency in the mercantile concerns that he had there carried on ; yet, inasmuch as he had been born an American subject, and was now resident at Boston for the pur pose of pursuing his business, this Court thought it had been rightly- decided that the American character of Chevers had re turned upon him, and that he must be considered to all legal purposes as really an American. The next question then was, whether Chevers was to be considered in this business as acting in the capacity of a factor ? The Court had looked at several authorities with the view of discovering, if pos sible, the legal and original definition of the word factor." It was not a term of the civil law; for "factor" no where occurred in the language even in which that compilation had been transmitted to us. It seemed to be of French origin ; and a derivative from " filetClii . . " In its original application, and indeed in common parlance, this was a term of great extent, implying any agent or mandatory whatever. In those northern districts of thiS island, which had (as it was well known) anciently a very great and frequent communication with France, it was still used with a great variety of application, and very profusely. It also appeared to have very often a reference to residence in foreign countries ; whence our word " factory," signifying a combination of persons residing somewhere abroad, for the sale of commodities imported thither from their native country._ However much this notion of an implied foreign. residence would seem to have been adopted by Postlethwaite, (otherwise very high authority upon most subjects of mercantile concern ment,) the Court was of opinion that it was by no means uni versally correct; for every day's experience would shoW, that factors might he resident, not only in the same country with that of the produce or manufacture, but even in the same town. Factors, in truth, might be defined as agents, selling or buying rather upon a certain rate of commission, payable by the owners of the goods committed to their management, than as principals buying or selling for their own .direct profit. This was the most probable definition intended by the Naviga tion Acts. His Lordship then proceeding to examine the na ture of Mr. Chevers's functions, decided them to be those of a supercargo, and not of a factor • and that only the consignee to whose care these goods, taken from the stores of a British mer chant at Halifax, were addressed, could not be said to be the importer. Besides, with the goods of Messrs. Reynolds and Co. Chevers had no connexion nor concern—not even as supercargo : and this Court, therefore, was under the necessity of reversing that part of the sentence pronounced by the Court below, which had condemned their property. But this would not affect the goods of Mr. Milwich, of Boston ; with respect to which Chevers did appear to have been actually connected—as a factor at least, if not as an importer. The Learned Judge went oh to describe the principles upon which, even in respect of this latter prOperty, Chevers was no to be considered as a factor, and which left Mr. Milwich's claim, therefore, so far free from imputation.— But that gentleman's title had been attacked on graver and stronger grounds—on grounds which affected his character as an American citizen, procuring goods owned by himself to be thus imported into Newfbundland. His Lordship having stated the circumstances under which the national character of Mil wich appeared before the Court, adverting to an usage which the general polity of commercial nations had in very many instances recognized, and the propriety of which had been sanctioned by high authority—namely, that where a merchant, expatriating himself from his native- country, settled in a foreign kingdom, and there, in the pursuit of trade, employed a portion of its population, paid a proportion of its imposts and taxes, and circulated a proportion of his capital, he was rather to be considered as a merchant of that foreign kingdom than of the state from which lie had so voluntarily expatriated himself._ In this spirit the statute 14 and 15 Henry VIII., c. 4. had been enacted ; for it went to levy the same contribUtions on English subjects so circumstanced as was levied on aliens resident in England. (Our limits preclude us front at. tempting to give even a sketch of the remaining features of this elaborate sentence,. but his Lordship inclined to hold that, with reference to the statutes of navigation and reve nue, the character of Mr. Milwich must be pronounced to be American ; and in illUstration, both of the principle of com mercial polity to which we have just alluded, and of the contradictory nature oflegal authorities on the subject, he quoted several dicta of Lord Alvanley, and Lord Kenyon ;. and the case of " Wilson. sr. Marriot," in which it was hid down that a British subject resident in the United States of America was, in respect of trading in the East Indies, liberated from the restraints which the - law imposed on British merchants resident in Britain.) The Court felt itself. .warranted in say ing that as to the present transaction Mr. Milwich must be considered as an American merchant ;. what an American merchant might lawfully do, he also might lawfully do ; but no more. There then remained but one question to be an swered before deciding the whole of the clise in respect of Mr. , Milwich's claim ; and it was this—whether the importing into Newfoundland did or did not offend against the prohibitory statute which regarded the trade of Newfoundland ? • Could he export lawfully such a cargo as this, first to Halifax, (at which I port the Matchless took in Messrs. Reynolds and Co.'s goods), and subsequently to Newfoundland, under the law as it at pre sent existed and operated ? The onus of proof on this matter was certainly shifted on the prosecutor. His Lordship having commented on the general history of our colonial policy, as it was termed, and pointed out the great difficulty under which the framers of such a system of laws must at all times neces sarily labour, from the impossibility of providing for an im mense number of contingent cases, that it was hardly in the nature of things should be anticipated, expressed his willing ness, before proceeding to a final adjudication of Mr. Mil wich's claim, to hear the Counsel on the question of Milwich's competency, in the teeth of the Newfoundland clause of the Na vigation Act, to import into St. John's directly from America. The KING'S ADVOCATE and Dr. LUSIIINGTON obtained leave to be heard on a future day. The COURT expressed its hope, that in the new system of colonial laws which a recent statute was intended to revise and consolidate, some favourable exceptions might be inserted in favour of. Newfoundland, as the island produced but little for its. own subsistence, and as even that produce was of a preca rious nature. Friday, *.* For the Conclusion of the REPORT of the SoczETV frig PROMOTING CHRIST-lAN KNOWLEDGE, see the - - Page. PRICE OF STOCKS THIS DAY AT ONE O'CLOCK. India Stock ................... 3 3 f r India. Bonds ................•• South Sea Stock ........... Old Annuities .........••• . 5 pt. Ex. Bills i" Ditto Small ................... Bank for Act. India for Con. Acct. ........... Cons. for Account 80:..t!„7. Bank Stock 245 3 per Cent. Red. 79la 3 per Cent. Cons. shut 3i per Cent 9ls ld 96i 4 per Cent. 1 New shut i g per Cents. 1797 Bank Lg. Ann. 9 0i Imp. 3 per Cents. — - e PRICE OF FOREIGN STOCKS IN LONDON, D r ' Pr. ' AT ONE O'CLOCK. ~ , Five per Cents. 88. Six per Cents. 00. Russian Five per Cents. (Metallic) 00. Ditto New 84. 5 Five per Cent. Bonds, 761;. Neapolitan I Scrip, 77. Austrian Five per Cents. (Metallic) 00. Five per Cent. Bonds, 60. - , 1.1 Spanish New Ditto, 541. Scrip, 10 disc. - Prussian . 1 Five per Cent. Bonds, 35. - I Ditto New, 851. Danish Five per Cent. Bonds; 1394. Chili 721. . {On Bonds, 00. Colombian Six per'Cent. Bonds, 72. Ditto Scrip, 00. Peruvian New Loan, 79. Bank Shares £2l 10s. Six per Cent. 92-98. American Five per Cent. 961. Three per Cent. 70i. French OW' HIGH WATER AT LONDON BRIDGE TO MO—,.- R „ Morning, 38 minutes after 1. 1 Evening, 2 minutes THE SUN. • SOLEM QUIS DICERE FALSUM AUDEA• LONDON, THURSD/IY, DECEMBER 1 9 , 0117' [FROM A CORRESPONDENT.] bov e STOCK EXCHANGE, 7'welve a the Market opened this morning at sop, and at moment it was known that three expresses ba s arrived from Paris, bringing the French Fi n d b 88f. 60c., which is an improvement ; a nd Spa°lssi 55{, Neapolitan 774. ; Consols went up t° 808% at which price they remain up to this hou r ' t be The Moniteur of Tuesday has not copi ed long article in L'Etoile, nor takes any o ts of of it. The Paris Papers do not contai n g t information of importance. It is expected t" the Duke of WELLINGTON will make a long stll,l at Paris. There were several good bui er . l the Market this morning. FOREIGN FUNDS.—The most doing this row an ing is in New Spanish, which opened at 5 4 ` - t s f , and have been done at 4 to I. All other F° l ' g Securities remain steady. P l Y * obßi En g ', 1 ° ma tOUs a ing st, dicate Privat 131; ove . Vhich Portei disasti ?attic Loi at a q heali Let Gran( ,nd Th hi_ G E The I aye I office] roi b een quarti Other ( lispat F R of Sp o n th MOUU Prid a tUed r day qjec fOrmj the F tkrriE ai on c I S P lva th e . c Ttl The 3 Voy fo r tl 111 . 1 0! 6 )100( PE 4t 0 j• l ivi Plac ( /11 Pei th e i , th e j .fr ont Gerd 'set 0 The principal article of any interest cootaine.° in the Foreign Journals is the reply of the Pile hots. to the pacific reasonings of the Journal des D " Our Readers will see, however, that t he ' sl(i t i be has no solid arguments to e mploy again st r , calm and dispassionate speculation of its acived sary. The Monilcur, which. copied the .I°ll7° h des DAals, takes no notice of L'Eloile, th°ll both these Papers are regarded as denti' cif6c c i , c organs of the French Government. The l t h trariety of their views has been suppo sed/ sc . great appearance of reason, to, roce ed frail ad; sion of opinion among the French "Ministry th j e t is selves, on the important question of war' certain that a difference does exist in that t'spy net ; and if it be true that one par t y has e° o f municated its sentiments through the radii/fr, L'Etoile, and the other through that of Le nd i, nal des Debuts, the conflicting statemen ts a 110 ;Poi go nions of these two Journals are at once ,cco for. In the mean time, the Moniteu r preserleve silence and reserve which will not, probab l s P re broken, until one party in the Ministry 11840 vailed over the other; after which the ° w . o p f ap th er e w w i h n Ole of thea t re sition between the Journal des Deba4 au no , Cceohuirhseet,.annßoont7thtohuegfihnal decisl°, Etoile, is plausibly accounted for on .the hi s r de thesis that they have respectively. beeo nistry, it is. equally prob abl e , p grti, the organs of the two partie s in the Fr.a700300 Addi 't ent; `from 4 t p to h a t naki loan, t r atio b een r eins '• 1 )20 Nthii 3 ,00 Pelt, ' e sp Dr. LusnINGTON understood that the case of Neifound land had been very carefully And providen4y considered in the ,new act. , ae~ii~ ~ur~ eirel