The Sun. — London, England, 1817-12-13 00:00:00

PROVINCIAL JOURNALS. The report of the intended resignation of the Duke of YORK, a report most probably invented am! eireulated by the Opposition Writers, for . the purpose ®f perplexing the public mind with need less doubts and ridiculous discussions ; and the revival of the correspondence which took place between his MAJESTY and the PRINCE of WALES, (I hen we were menaced by a French Invasion, have induced The (Dublin) Correspondent of the 9 h inst. to offer some remarks on the subject. We have already taken the same line of argument, dud we combated the reasoning of the Opposition writcrs with similar remarks, but tide subjoin the following extract, because we are glad to see otir sentimews supported in so loyal and spirited a Journal. " All the circumstances under which this Cor respondence was mai:Stained are, passed away—all the clouds that lowered upon us. are gone— vanished for ever ; anti we are now secure, pro tected against the world, not less by the peace iu u tench we repose, than by the name which Mir esharr' and our fortitude have procured for us over the world. Thus, though the times are different, The circumstances different, and the parties diffe rent ; yet, some of our disputatious reasoners will have the very satne.conseqoences to follow. They will have the case of the Heir Apparent to be settled irrevocably and for ever-they will have it sufficiently established, to preclude the com mon sense of ,the country Irons making .any new judgment noon the case—they will have the Heir Apparent and the Presumptive Heir to be quite synonymous—and they will bring the latter nu tter the suppbsed restraints of the former, by an ideal analogy, which bas no sort of existence whatsoever. 'The Law invests the Heir Apparent to the Crown with distinct eminence, and stir rontids hint with a sanctity, not bestowed upon any other member of the Royal Family, standing next in the order of succession to the Crowns— He, as well as his Royal Consort, and the Prin cess Royal, or eldest slaughter of the King, are, to use Blackstone's words, peculiarly regarded by the Laws. The rest of the Royal Family,' says the same writer, may be considered in two ditlerent lights, according to the different senses in which the term Royal Family is used. The garner sense includes all those who are, by Fossi ls:lite, inheritable to the Crown. The more cons fined sense includes only those Who are within a certain degree of propinquity to the reigning Prince, and to whom, therefore, the Law payS extraordinary regard and respect ; but after that degree is past, they fall into the rank of ordinary subjects;and are seldom considered any farther, sinless called to the succession "upon failure ol the nearer lines. For, though collateral consan guinity is regarded indefinitely, with respect to inheritance or succession, yet it is, and can only be .regarded within some certain limits in any other respect, by the natural constitution of things, amid the dictates of poSitive law.' " By the natural constitution of things, the , Presumptive Heir to the Crown, whose right of inheritance may he defeated by some contingeqcy, cannot be considered in the same legal and con s,itutional sense as the Heir Apparent, whose right of inheritance is absolute. The former is not recognized by any special protections, or by any other than those which are common to ordi nary subjects. The latter is distinctly encom passed by the watchful providence of time Law. The Heir Apparent to the Crown is of a rank too high, and destined to concert's too important, to fill the office of any functionary below that of Royal estate, or to be employed in duties which are attended with responsibility. A presumptive Heir is otherwise placed ; because, as ill point of principle, his right of inheritance may be defeat ed, so be may stand within the operation of re sponsibility, and may consequently administer any of the derivative functions of the Crown. Pecu liar circumstances cannot affect the principle of the case, nor make a presumptive Heir any thing, bat what the dictates of positive Law has made hire—and no postive Law has made hint, to all intents and purposes, virtually Heir Apparent; indeed, it would be an absurdity if it had, for it would confound distinctions, in themselves es sentially important. '' We do not rest much stress upon the argu ment respecting the precedent of keeping up the office of Commander-in-Chief of the Army in a time Of pea Ce. The affairs of Europe, as .well as the affairs of the British Empire, have undergone a vast change since the Duke of Cumbesland was Captain-General.—The investing an individual with the command of the Army, is not a matter to be settled by precedent, but by the necessity of the case. Our nossessions are immensely en-. larged, nod our neighbours maintain . vast stand ing armies—And both those circumstances oblige us, to keep on „foot a larger military force than ever was known before in times of peace. Our, psi necessities decide for us in this, as in all our other concerns. We cannot wisely act in opposition to them. If we be obliged to sup port a larger army than ever, we must en large and invigorate the superintendence re spiisite for rendering it effective and sone. stable ; and, if a distinct Commander-in-Chief lie necessary for this end, this necessity is a better reason than any thin. , which precedent can afford. Commanders-in-Chief of the Army have not been common heretofore ; but that is no reason why they should not be necesaaryat present, under to tally new circumstances. New things in a new world.' It would be 'bard upon a 'presumptive Heir to the Crown, and it would be it6rd upon the public, for whose welfare atklaws, and regulations must be ioterided, itan ablejuoctionary, of tried and unrivalled merit, should he'displaced, because a chance Of succeeding to the Crown was opened to hint, bids chance contingencies. may wholly take away: - ..According to the doctrine contended fors 'a presumptive Heir to she Crown would be situation than the most. ordinary sub , jeer. He never could bold place or office; how eVer fitted he may be.tor either, by the mostemi nent qualities. His' disability in one way leads to nothing in any other. However capable in, tact, he would stand in a state tit civil incapacity, not withstanding ; and for . the 'possible Chance of the CrOwn,, which Le might never obtain, he would lose the power of obtaining any thing under the Crown; which any, other•subject may enjoy. That the indivAnal "wotild . ,unjustly dealt with, if tl►is doctrine could be admitted, is obvious—that the public could 'be -served; or rroy interest pro-, tected by .such injatice, it is. not'necessary to ar gue—the thing is impossible." • LAW JNIgLLIGENCE. COURT OF CFI4NCERY, DEC. 12. HtYCHES V. THE ASSIGNEES OF RICHMOND. In this case" the CHANCELLOR gave his judg ment. After recapitulating the facts,-which we have already fully reported, his Lordship ordered that the Assignees and Mr. Wells,. respectively, should be aliarged in account with the value of the lease and all the property they had disposed of. This order to be without prejudice to any action on account of damages which Mrs. Hughes, might bring. He would give the costs of the pe tition-upon which the issue was directed, and also those of the issue, and of the petition which was now presented. The point of contempt, in which Wells, the auctioneer, was implicated, his Lord , ship reserved for further consideration. Expqrte EARL s-r AN:1101)E. _ _ _ In this case, which is an application to pay over a certain sum of moury, the produce of settled estates, which had been sold to the person who would have been entitled to them if they had not, been sold, and that a reference to the Master for that purpose might be made, Sir SANttful. ROMILLY. in answer to a question from the Lord Chancellor, as to whether or not the case would Come within the Act of 39 and 40 Geo. 111. submitted that the Order if made could not he within the Act of Parliament, The LORD CHANCELLOR-1s Lord Stanhope the tenant in fee of this estate ? Sir SAMUEL ROMILLY—Yes, my Loid, he is of all the estates. The LORD CHANCELLOR said, if Lord Stanhope would give him authority to say that the estates of which he was tenant in fee shonld ' , tam] charg-. ed with the payment- of the 21,000/. the subject of the present application, he would make the Order prayed for. COURT OF KING'S BENCH, DEC. 1?.. SITTINGS AT GU I LDHALL. MARTIN- V. KIRWAN. . • This was an action of trespass against the de fendant for taking possession of the house and furniture of the plaintiff, under the following cir. comstances. The plaintiff was the reputed widow of. a Mr. Taylor, a broker in Bread-street, who, at his death, left the hotiWmtl• furniture in ques tion to trustees for beuefit , nf the plaintiff and his sons, and appointed the plaintiff and tw9 others his executors. There ryas a clause in the will that the business should be continued-for the benefit of. the plaintiff an d ' his suns. The other executors refused to act, Mid 'the plaintiff was the sole acting executor. • She' carried on business under the firm of Widow Taylor and Sons, and became bankrupt. The assignees tinder the com mission took possession of the house and furni ture, and advertised it to he sold, but on petition to the Chancellor he stopped the sale; and the question to be tried in the present action was, whether, under the Will ut Taylor, - this property was not vested in trustees, and could not be taken by the creditors under the commission. It was greed to wake a special case ,for the opinion of the Court. OLD BAILEY. Yesterday John Brown was indicted for feloni ously stealing, on the 6th of November, 50 pieces of silk gauze, containing 534 yards, and two pieces of silk handkerchief, containing 12 yards, the property of I\iessrs. Deboos ; and William Sherwin stood indicted for receiving the same, knowing them to be stolen. Nearly twenty witnesses 'gave Brown a good character for the last twenty years. The COMMON SERJEANfT . :proceeded to address the Jury at five, and at seven the latter retired to consider of their verdict. After an absence of half an hoar, the Jury re turned, and pronounced both the prisoners guilty; but strongly recommended them to mercy, on ac count of their former excellent characters. CUARTER-HOUSE SCHOOL.—Ygsterday being the Founder's or Oration Day of this Institution, the usual annual ceremonies were observed according to the Charter. The company repaired to the great Hall, which was fitted up for the purpose with a rostrum in the centre for the Orator of the day ; and benches erected at either side, for the accommodation of the poor Brothers, tbe,Seho lars, and the junior Governors and Stewards. — Master Edward Churton delivered an appropriate and classic oration in Latin, which met with great approbation. At halt-past four o'clock, divine. service was performed in Charter-house Chapel, by the Reverend Mr; Thomas Gilbank Ackland, to a most numerous congregation, in cluding several dignitaries both of C hurch and State, some of whom have received their educa tion at this School: The Sermon was very ap propriate to the occasion. Several of the company afterwards partook of an elegant dinner in the Master's house. The Court Martial on Colonel LEE, of the Royal Marines, which was held at Chatham Barracks, closed on Wednesdilv, when the charge being proved of his being absent without leave, he was sentenced to be reprimanded. The Inverness Journal says—" A circumstance of tincommon depravity occurred her,e in the course of last ,week, of a woman having offered to Sall the body of her own Child for dissection." On Saturday last one of the Shipwriglrts,.named George Harris, whilst at work upon the upper works of the Belleisle of 74 guns, building at Pembroke Dock-yard, unfortunately fell, and was precipitated into the hold of ship, by which acci dent the poor man was so seriously hurt,_ that be is not expected to survive it, • SPAIN AND HER COLONIES. (Continued from The Quarterly Review.) But it has been said, that having saved Spain and Europe from tl►e yoke of Buonaparte, we may now safely speculate in the freedom of Spa nish America ; and we have bee► excited to this war—for it is not less than war—sometimes by severe censures on the conduct of Spain, a . _ Others by alarming our jealousy of the-rising power of the United States. The peculiar state of the relations between Spain and England.from the year 1809 to 1814, and the transition from war to peace, in no degree alter - our view of this sub ject, nor can they weaken the arguments against the Colonial Alliance. After the bitter expe rience of the contest with her own Colonies in North America, it may well become this country to be slow in interfering with the Colonial dis putes of other nations. If the political conse quences for which France is indebted to her ac- Jive support of those . Colonies are fairly 'Consi dered, they will not, hold out a very strong en couragement to imitate, her example. Would it be nothing to. incur the just and dur able enmity of the power, 'which by our means has been deprived of Colonial possesSions ? Or, granting that its means of future revenge may be contemptible, can it be imagined that all the na— tions of Europe would look on with indifference, while Eugland was -extending her influence, and securing, as they `would apprehend, a mono poly of American commerce? Have they proved them3elves to' be so free from jealousy of our power, aw: 50. attached to time interests of our trade, that wc:could expect them to, lre idle spec tators of this grt,lat addition to both ? But if the cause of Spain were cietgulci by any Aliies, then the trarrrillity of Europe_ night be again coot trotted to the hazard of war, and America be the inauspicious field of battle. That the conduct of Spain has been, in thiS contest with her Colonies, neither wise nor humane ; that Fudn iand VII, lost an opportunity on his return to the throne, of succeedi-g in a rational attempt at conciliation ;- -these are propositions, to the truth of which, we may assent without being driven to the con clusion, that therefore the sword must be drawn for the Colonists, . But it haS. been plausibly asserted, that by ab staining froth interference in the affairs of South America we are surrendering to the United States all the advantages..which might be secured to our selves from this Revolution—that we are assisting to increase the trade and power of a nation, which alone can ever be the maritime rival of England. It appears to us extremely doubtful whether any advantage commercial or political can be lost to d Englan by a neutral conduct ; 'and it must be obserr-d, that the United States themselves have given every public proof of th&r intention to pur sue the same - line of policy. But admitting that this conduct is . nothing more than a decent pre text ; or admitting still further, that they will afford to . the Independents direct and open assist ance, our view of the case would remain precisely the same. The experience of ages', the instance of North America itself, will distinctly prove, that the South Americans will not sacrifice to their gratitinle for the d4interested exertions of the .United States all the benefits and. 'enjoyments which, in any case of their success or failure, they must derive from the amity and the inter course of England. They will not be disposed w punish themselves by receiving our manufactures at an enhanced value through the medium of the United States ; nor will they, by a gratuitous pro vocation of the naval power, whose productions . are most congenial to their wants, and whose hos tility would be the most formidable to their nas- , cent prosperity, at once throw away the great prize of their exertions—the acquisition of a tree trade. We are still persuaded, that they will not feel enmity towards England, because in the first years of their revolution it has preferred the line of good faith to a selfish pursuit of commercial profit, or to a romantic desertion of common sense; and because at a later period it may be unwilling to risk the tranquillity of Europe, and to aggra vate its financial difficulties, by engaging in war against an Ally recently saved by its own exertions. These reasons appear conclusive against the po licy of cotinnitting the - honour and the power of England in au alliance offensive and defensive with the Colonists of America. The Government of this country adopted in . 1810 the line of media tion, and the Commissioners appointed for this pur pose by England proceeded to Cadiz ; where, af ter warm discussions in the - Cortes, the mediation was rejected and the mission dissolved. What ever might have been the result of this'scheme, it is to be regretted that the British Commissioners, men of talent and of experience in political affairs, had not then the opportunity of informing them selves and their country on the real state of the Colonies, and of obtaining an accurate insight in to the views, the disposition, anti the conduct of both parties in this sanguinary conquest. We cannot now decide whether Spain, in thus reject ing the plan of mediation, rejected the only chance of recovering. her Colonies, but we know that many of those who were leading members in the Executive and in the Cores have expressed their bitter repentance of the conduct which they pur sued in obediaoce to the inveterate prejudices of Spain rather than to any calm and reasoned con sideration of the' subject. Nothing has occurred since the year 1810, which, in our appreheUsion, ought to alter the line of. neutrality then adopted by England, and we are convinced that a strict and sincere adherence to it will not fail to secure the political and commercial advantages •which a more violent coarse must expose to hazard. That we should have been diverted from it by the conduct of Ferdinand, or even by the revi*al of the Inqui'- sition with all its dungeons, tortures, and . autos du fe, is a proposition maintainable only by the advimates of perpetual hostilities,. who might well rejoice, if the follies or faults . of foreign Monarchs ; and the a mjnst or unwise . measures of foreign -nations .with respect to their own internal affairs, were suffered to push the English Govern ment, by every- impulie- of disgust or indignation, to the extremity of war. Thera is, ho - wever, a set of reasoners on this subject who must be reminded that England ought not on this, or on any eccesion, to pursue an I equivocal line of policy. Such conduct is guy ficiently absurd in .trivial mattcrs and in the orth' nary affairs of life, but in great political questiot it is worse than weakness it is always dangeronsi and often fatal. At once to support Spain agains . r her Colonies, or the Colonies against Spaitir would be a more prudent and dignified Courses than, under the mask of neutrality, to give at► oblique encouragement to either party. Such conduct is quite inconsistent with • the character of England of which the best and the ancient distinction has been a direct, manly and avowed system of policy on - all occasions, equally exempt from the vacillations - of weakness and the shallotl duplicity of artifice. We are not at present iu condition to sport with this inestimable advan' rage ; but if we were, the last question on which the experiment should be tried, from its natua and consequences, is the revolution in Spanish America. The only interference in South Ameri can 'affairs, which we could adopt With consis tency, with dignity, or with effect, would he the renewal (at the solicitation of either party) of that mediation, the acceptance of which in 1810 might have saved years of distraction and blood' shed to the Colonies ; and the refoial of which (for such in effect it was) by Spain has gone near to render war desperate a►►d reconciliation hopeless. But even in the offering, or the con senting to undertake such a mediation at the 'pre sent moment, so far should we he front desiring to monopoliz . e the fruits of its success, that we think the best hope of its coming to a favourable issue would be, that the other great powers of Europe should be parties to it in common with ourselves. (To be continued.) CORONERS' I NQUESTS. SUICIDE.—An liviest was held on Wednesday night at the Rising Sun, Sph - .lrs on vievc of the body of a highly respec dale aporlicea r y, reskling in the New-road, who that inorningjwir. put a period to•his existence. It apPear.y; in (fence, that the deceased bad for son,' , ; -oily:is been in an unsettled and desponding state of r , ). :dp and within the last ten days had resorted to tle. advice of a medical friend. 'Last Monday, how ever, he exhibited such obvious symptoms of a disposition to suicide, that his friends judging hira to be insane, called in the advice of Dr. Burrows. BY his recommendation, he was placed under the inspection of a careful keeper, and every other means were adopted to prevent his attempting any desperate act; as well as for the recovery of his health. On Tuesdly he was more composed. Oa Wednesday morning, it being 'necessary to shave him, and the keeper not being able, from rheu matism, to perform the operation, a relation of the deceased undertook it ; and while the former turned aside to reach something, the latter unhap pily laid the `razor for a moment out of his hand, which the deceased perceiving, instantly snatched up die instrument, and before he could be pre vented, made an incision in the.neck, dividing all the blood-vessels, and almost immediately. bled to death. Verdict—" Lunacy."—The deceased Was of very amiable manners, and greatly esteem= ed by a large circle of friends. An Inquisition was yesterday taken before Mr. Guns, in the King's Bench Pi ison, on view of the body of John Mills, whu was found dead sitting in his chair : his hat had fallen off, and his hands Were placed upon his thighs. Mr. Lister, the surgeon, was of opinion that his death was occa sioned by a complete stoppage of the vessels of the heart. The deceased was hetween 60-and 70 years of age. Verdict—" Died by the Visitation, of God." COURSE OF EXCHANGE, FRIDAY ' DEC. 12. Amsterdam ' 37 6 B. 2 Us. Ditto, at Sight • ' 37 0 Amsterdam Ditto, at Sight ll 7 Rotterdam Antwerp ' I I 1 i F , x.Money Ha nib urgli Altona Paris, 3 Day's date Ditto Bourdeaux, ditto Franhforton the Main Madrid j 38 Effeetiro Cadiz * 37i Effective Seville Rd boa . 87i Gibraltar Leghorn ' .. Genoa... 47 -Ve Me e per Or. .. Malta... ..49 -Naples 4`l Palermo •l24d. Lisbon Oporto Rio Janeiro Dub1in......... 8..... C0rk..... 81 per Cent. Agio of the Bank on Holland.... 2 per Cent. Portugal Gold, in Coin 1.4 0 6 per OrJ Foreign Gold, in Bars 4 0 6 Silver, In Bars COAL MARKET, DEc. 14. Ships at Market. Ships sold. Price. , 8:3 Newea5t1e............724.. 18 Sunderland Hi . .S 7 6d. to 465. 6d. i Cinders. ". 0 ..—s. OLI. to —s . (!d .. . BIRTH. On the Gth inst. at Chatham, M. Jane Cookson, wife of Lieutenant-Colonel Cookson, of the 80th Reginient,'of a son. MARRIED On the 9th instant, at Fulham, - Francis Travers, M.D., of Newark, Notts, to Martha, third daughter of the late Jute tniah Sutton, Esq. of Vrieston, Lin2olnihire, . • DIED. On the 9th inst. at Hereford, aged 79, theller. D. Naple ton, Canon of that Cathedral, Chancellor of the Diocese, &c. &c. formerly of Brazenose College, Cambridge, A. B. 1758„1. M. 1761, and D. I). 1784. On Sunday last, at Hartlelnry Rectory, the Rer. Richard Kilvert, M. A. Sub-Dean arid senior Prebendary of Worces ter Cathedral, and Rector of Harttebury and Vicar of Crop thorne, Worcestershire. At St. Andrew's, Scotland, on the 3d instant, Mrs. Jana Tod, wife of William Fernie, Esq. of Newgranze. Monday st'unight, in his 8.3 d year, Mr. William Gibbon; sen. of Gateshead, miller. He was •an excellent mathemati.' clan, mechanic, and mitigator; was well read in history, an cient and modern • and was also an excellent workman, having built his even the stone work, with his own hands:—(Cinnbeiland•Packet.) 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