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

SPAIN AND HER COLONIES. (Continued frOni Thc Querterly Review.) The lamentations of these liberales arise not from any fear that England will viisturb that trtinquil- Ity, but that tire positions which she has thus "taken will induce the other powers of Europe to maintain • an•elfel'iasting status quo, and to be Va -ti.yied as long as that lasts a situation which, be jug tie result of treaties of peace and of the law of nal ions, and not toupded on the rights of man,' must tens! to disturb the visionary ideas of the revolutionary faction. In consequence of England possessing the outposts she has acquired, the tibet ty of the sea has been more effectually se ctirecl than it could have been by the conquest of Russia ; (the attempt at whose sulklugation the rit:ht reverend politician mildly points out as an error on the part •of Napoleon ;) or than it is by the swarms of pirates of all nations, who, under Solidi American colours, annoy and plunder the peaceful traders on the Atlantic ocean. By the repose which the naval superiority of England has given to the world, the status quo, which this author drew's, is, in. fact, likely to be realised. All the naval powers, and England above all, have been eriable'll to reduce their military navies to a standard even below what any former peace has witnessed. England has exerted herself to crush the enemies of the liberty of the sea on the shores of the Mediterranean, and perhaps ought to do sonnets hat to suppress those equally piratical cruisers which are fitted out by. unknown BUCCll steers,. tinder the banners of Spanish American fleedotn. With ,these exceptions, the liberty of the sea, of which, with a whining cant, the revo lutionists pretend to lament the loss, never was - enjoyed in any period, or under any circumstances, in greater perfection than at the moment when they are alarming or attempting to alarm the Con tinent with their denunciation of the maritime ty ranny of England. lint the cant of revolutionists has as little in fluence on our fears, as the war-whoop of en thusiasts has upon our reason. tVe would abstain from aiding the Spanish Americans against the inother-country,—not because we dread the re establishment of their independence, but because • we doubt the probability of so peaceable a result from the success of the Colonies against Spain, and because we are sure that England has no right to take part in the quarrel. We believe that some middle result between submission and total independence is at once the most probable and the most desirable ; and we think that to such an end, this country might Ivnd its aid in the man lier in which it has been willing to lend it here- totore. When in the year 18i0, the deputies from the South American provinces came to England, an. notinciog their resolution to maintain their al legiance to Ferdinand, to assist Spain 'with all their pottier in the common cause against France, but to provide independently for their non inter nal government, three distinct lines of policy were open to the English Government. To unite our forces with those of Spain, and actively to sup• port them in compelling the Colonies to submit, was a course of policy that no statesman could advise, and it would be now a waste of time to argue on it. The question then to be decided was, whether this country should gibe an avowed stippott to the Colonies in their contest for inde pendence, or whet tier, acting on the.ctear principle. of neutrality, and endeavouring to secure Spain the succours and resources of the American pro vinces- (iring the war against Buonaparte, it should 'offer mediation between ihe mother-coon. try and the Colonies. The Colonists proclaimed their present object to be complete arid permanent independence ; but the qualified manlier in which their claims were then stated, seas a inateri,l point in the cpti•stion, as Oleo presented to the decision of the English Government. At she first arrival•of this intelligence ill Eng laud, a loud outcry was raised in favour of grant ing immediate - and open assistance to the Colo nies. The opportunity, it was urged, might ne ver recur; - the success could not be doubtful in the existimg condition of Spain ; the advantages to EngLool were incalculable and certain, while the ta - ar in Spain, as it had been decided by these advisers, could only be productive of certain loss, defeat and disgrace. • Of the numerous arguments against the propo sition of employing at that time the arms of Rog - land in alliance with the Colonies; the first in real importance, and which would appear•to us abundantly softicient to decide the question, is to be deduced - from the war, in which we were en gaged- as the Allies of Spain, against the, enor mous and usurping power of France. The policy of employing the military resources of England in a powerful exertion for the success of that con test may have been wise, • or ludicrously absurd ; but it had been' adopted, and' its wisdom or folly are indifferent to the present question. The prix 'nary object of all our exertions was to obtain and aceure the independence of the throne and people of Spain; and who will deny that the mi litary power of France was so formidable, the re souroes and the genius of Buonaparte were so gi gantic, that the principal, or rather the only chance. of our success obviously consisted iu the unity of our object ? To those, indeed, who persevered in arguing that the war in Spelt' was on our part an idle waste of blood and treasure, and who had the sagacity to perceive in Buonaparte a disposition so pacific, and intentions so inoffensive, that Eng land might safely acquiece in the addition of Spain to his dominions ; the privilege of recommending in any year of the sear an expedition of freedom and fraternity to South .Ametica most unques tionably belonged; but more especially to those who had engrafted these principles on an indis criminate affection for all revolutiotis. If, how ever, Buonaparte hail in truth engrossed a degree of poWer, which, having absorbed the liberties of the .Continent,-had become a subject of national alarm to England ; and if, as the event has proved, the best opportunity of opposing a suc cessful resistance to his system of aggrandisement was to be found in assisting a nation, exasperated by his insults, and struggling against his oppres sion, it mustjte admitted that every deviation from the singleness of our plan was rather to be avoids ed than to be pursued. Every object of policy nechme - Of rumor consiequenet, arid no minor ob ject ought to have been allowed to distract our attention, or to divide our forces. Wu certainly might have contrived, wi!li mischievous ingenuity, to weaken the exertions of our ally, and to dis perse our own, at the crisis of that arduous con test, "Spain seldom calculates with prudel►ce the chances of political success : indignant at such conduct, she might have chosen to break the alli ance ; and we should then have had the satisfac tion of adding a ►vat in America to that in Europe ; or , avail events, ►ve should have otit-red to Spain the alternative of preserving the integrity of her empire by submission to Boonaparte, or of suffering,at tl►e bands of her friendly ally, and as a reward for her exertions in the cause of na-' tional freedoni,—the dismemberment of her Co lur~ies. Bot bow would the advocates of this policy have disposed of the question of national faith, though the ground of expediency be con ceded ?—A question which they will admit to be not only a very graceful topic of Parliamentary declamation, but essential to the real interests, as it is to the character of the country. IVe cannot imagine any source of a more lively delight to those individuals, statesmen, authors, and orators of various nations, who pursue the honest profession of misrepresenting the motives and of detracting from the reputation of England, than would have been the unexpected intelligence —that at the very crisis of a war, in which we pretended to a more than common zeal of friend- • ship, and a hearty communion of objects with Spain, we had, in breach of express and solemn treaties, taken advantage of the first unfavourable change IN the situation of our ally, to pursue at his expence our own sordid objects of commercial polic)—that we had, in short, betrayed tl►e cause of Europe for a better market . for our commo dities! this would have been, indeed, a triumph. Every Cazette and every political Assembly in Europe would have teemed with expressions of hatred and disgust ;—no libel from the press. of our continental friends or enemies would have omitted this invaluable topic, and what -defence could have been made for this faithless, stifish, and shop-keeping nation. (To be continued.) LAW INTELLIGENCE. COURT OF CHANCERY, Dec. 11. GAMING AND CLUBHOUSES. TARLETON' V. HOLLAND. In this cal..e, which was an application to affirm the decree of his Honour the VICR-CHANCELLOR, WhO had granted an injunction to restrain the de tendant, Staples, from proceeding in an action at law for the recovery of the amount of a bill for 250/. given on account of a gamine transaction which took place at a house in St. James's -street, his Lordship's judgment was in affirmation of the decree pronounced by his Honour the VICE- CrIANCELLOR. EX-PARTE E 111 L STANHOPE!. Sir S. RomiLLY said this was an application - to his Lordship to confirm the Master's Report in this case, which had found that the sum of 21.30.1/. which had been mortgaged on the Doke of New castle's estates, was due to Earl Stanhope ; and •lso stated, that on the second marriage of Charles late Earl Stanhope, 25,0001. was charged on the estates as a provision for the younger child ren of that marriage. It was the intention of the petitioner to pay off that 25,0001. with the 21,000/. and the only question • would be to see that money properly applied. Tl►e Lotto CHANCELLOR.—That is not the only question, hut whether the Acts of the 39 and 40 Geo. 111. will permit it. If the younger children are of age they can give him a discharge, for I feel di:posed as much as I can to get the matter settled. I will read the Master's Report, and tell you what I think of it to-morrow. VICE CHANCELLOR'S COURT. MARQUIS OF BUCKINGHAM V. SIR W. CURTIS. BART• Mr. BLAKE moved for an injunction to restrain the defendant, a wealthy hanker and Alderman of London, and Member of Palliament for that city, from cutting down, or-causing to be cut down, any timber on an estate of the plaintiff's, called Minihan dan-house, near Southgate. The Learned Counsel stated, that Sir tint. hail set np somiclaitn to part of the estate, and the way be took to assert his title was, to enter without ceremony and cut down the ornamental trees which were growing there. The defendant not feeling well disposed to the Noble plaintiff, did this with a view to annoy his Lordship. The Learned Gentleman then read the affidavits of the Mar(Juis's,Solicitor and Steward, front which it appeared that the Martinis bad this estate in tight of the -Marchioness, who was (laughter Of the Duke of Chandos ; and that the field in question had been enjoyed with the estate for above 60 years. - - •The - Vice-CuiNciuma immediately granted the motion:—lnjunction granted. COURT OF KING'S BENCH, DEC It. CAMMEZ V. TURNER. This was an action for an assault upon the plain tiff, a youth of 16, committed by the cleft: Want on the 2cl of October last. It appeared that the parties were brokers, and ill-conditioned neighbours, in Whitechapel, and bad a falling out, which induced the defendant to strike the plaintiff. The Jury, trader the direction of the Learned Judge, markrd their sense of the importance of the case, by finding a verdict for the plaintiff of One Shilling, by which both parties will have to pay their own costs. CORBY N V. BLUNDELL. 'This was an action brought by the plaintiff, who acted in the late North American War as As sistant Commissary-General, Against the defend ant, who tilled the °thee of Cashier in the Com- Inissimy Department on that service, to recover 9371. 178. 7d. Halifax currency, which the de fendant had not accounted for with the plaintiff, who was answerable to the Deputy C-Aumissary- General. Tl,e case was clearly made out against the de fendant, under circumstances of very strOug Stl9- picion, and the plAintili had a verdict for V 34!. l3ritisll currency. sIaEIiI : s 'COtTR T , I~tc. i L GILCHWIST V. MOTTLEY AND • This day was fixed by the Sheriff of Middksex for the assessment, by' a Special Jury, of the amount 'of damages to be paid to the plaintiff, for the injury he sustained by the publication in The Hampshiee Telegraph the property of the defend ants, of a paragraph, reflecting, upon hit charac ter. The defendants suffered judgment to gO by default.—On the meeting of the Court, Mr. Setjeant COPLEY, for the defendants, put in an affidarit from their agent, stating that Mr. Robert Scott, the printer and publisher of the Weekly Register, was a material witness, with out whose evidence they could not safely go to trial—and that the 'defendants had., without effect, used every means to procure his attendance. Mr. BROUGHAM, for the plaintiff, ()bk. ted to the post ponement. Mr. rjeant COPLEY thought a refusal in this case extreme cruelty to the defendants. The plaintiff could not possibly lose any thing, by it, for a day should be named, so as to save judgment for pins' next Term ; and before that period it was impossible be could have judgment. Mr. GASELEE said, it was matter of courtesy on• the part of the defendants to apprise the plaintiff that they meant to call Mr.'Scott. • Mr. IlitouGHam.—" We don't want courtesy— all we want is practice." The SHERIFF.—" YOH don't in this affidavit undertake to produce this witness." Mr. Serjeant COPLEY. —" Give us but one week for that purpose, and we shall persevere in the means' we have already taken to get at him." The Su E IFF--" It is a mere question for the plaintiff. I will not postpone an inquisition on such grounds until I have the sanction of a su perior Coot t. I ant afraid to exercise this discre tion, and there can be no danger in adhering to the general rule. If the verdict happen to be given so as that you could afterwards prove a great injury having arisen to you through the ab sence of this witness, you know very well the course to take with such a verdict." Mr. Sergeant CoPtAy.—" True, Sir ; but what possible inconvenience can a lex days delay make to the plaintiff, while the loss to the defendants must he considerable ?" _ Air. GASELEE—" Surely the plaintiff may, if he please, withdraw the inquisition, and why not the defendant, when the former cannot possibly be prejudiced ?." The SHFRIFF—" I am afraid to set the pre cedent. The arrangment, it acceded to, must be among yourselves." Mr. Sergeant COPLEY—" See the hardship thus imposed upon us. If we don't attend, the plaintiff has his verdict ; it we do, we waive the objection which we could otherwise urge. And we are to be put in this predicament for no reason whatever." The SIIERIFF—" Can von strew that this wit ness is inatcrial ?" Mr. Sergeant COPLEY--" Ife•is most material. If a day be fixed by the other side, we will tinder take to procure hint ; or, it we fail, we shall con sent to go to trial." Mr. HaottorrAst had no wish to do any thing irregular. The plaintiff was present, and ready to proceed. Mr. Serjeant, COPLEY.--" Von cannot object to a short delay. 1 ant now ready, on the part of the defendants, to disclaim the paragraph' which has given rise to this inquisition. l am ready to admit that it WAS tiCa is untrue." Mr. BROUGHAM.—" Yes, but this admission comes too late to he of any use to the pliintiff." Mr. Serjeant COPLCY again pressed for the de lay, saying, that the loss and expense of it would necessarily devolve on the defendants. Mr. liaotiGnAm, after consulting the plaintiff's agent, acceded to the request. Mr. Serjeant COPLEY then repeated, on the part of the defendants, a disclaimer t,f ,the paragraph. There was, he said, nothing in it true. The Pro prietors bf the Paper had been misled. He begged this declaration to be understood in the most un qualified manner. Mr. BROUGHANI.—" The plaintiff will not now receive any disclaimer. He is absolutely dissatis fied 'vi; o any thing short of a verdict." Saturday, the 17111 January, at 11 o'clock, was then fixed. upon for this inquiry. OLD MTLEY.—No trial of any interest took place in this Court yesterday. SMITHFIELD CLUB CATTLE.SHEW.—Yesterday morning, at nine o'clock, the Cattle, Sheep, and Pigs, all arrived, which were intended to be ex hibited for the Premiums this year, given by the Doke of BEDFORD, the President, at the time when the Club, from the disordered state of its fudds, was unable to offer any Premiums of its own. SHOCKING ACCIDENTS B Y FIRE..--Wednesday a boy named Joseph Statisom, aged four years, whose parents reside at No. 15, Dolling-court, Petticoat-lane, was.found enveloped in flames by his mother. The poor woman had only. F)een ab sent a few minutes, and had left the child alone in the room. The unfortunate boy was burnt in a most dreadful manner before the flame.; could be extinguished. He was conveyed to Middles...x Hospital, and expired immediately alter his arri val —On the same day a little girl [tattled Esther Hart, three years of age, whose parents live in Harrow-alley, Petticoat-lane, was burnt in a most shocking manner, in consequence of being left in the care of her brother, a boy about seven years of age, and who was playing at the street, thfot . when his sister became a prey to the flames ; the boy cannot'tell in ►►•l►at manner the accident hap pened. 'The poor child was conveyed -to the above-namerl Hospital, without • opt of reeo very.e---On• the same day a boy named •Michael Jewell, six years of. age, was dreadfully mangled in the face, by the explosion of some gunpowder with. which he, was playing near the fire, and he Ns as conveyed to . the same hospital, a shocking spect,aele. , t»ild was .the temperature of the month of November, that the bat was seen flying in the neighboarhood of Edinburgh almost ever , / night, and eve►t ni • ;ht-moths ‘vere observed in the open air till the very end of the month. 'XECUTio'N of cliAniL,Es SAliTfi, k ; CTI. UnDE Wednesday being the di!y aPPointed for the exe cution of.'eharl'es Smith, convicted at our last Assizes, upon the cleartst evidence, ot the mur der of Charles Stewart, but wlio had been re , Spited until a. point of leteru hi s case was deter mined, nuMbeti of persons flocked into town trout the surrounding neighbonrhood, early in the morning, to witness the awful scene. The pri soner, who has itnitounly evinced the. greatest Composure of whid since bis condemnation, did not tort:go his firmness on this roost trying occa sion. When the stitith entered in the morning to strike off his irons, lie was sitting smoking pipe of tobacco, and very calmly bade libirgood morning on his entrance and departure. Being ot the Roman Catholic religion, he was attended in his cell, and at the place of eKccution, by the Rev. J. WoItSwICK. At ten o'clock, the tolling of the great bells of St. Nicholas' and Sr. Ao drew's Churches announced the moving of the procession from the gaol. The prisoner, as usual, was seated in a cart, with a shell for the recep tion bf his body, and seemed attentively to peruse a small book he held in his hand, never once look ing off it toward the surrounding multitude. It *as, however, observed, that he never touted over a leaf, so that his attention must have been con fined to a few lines. As soon as the procession had arrived within a few yards of the gallows, (which hail been erected that morning on the Town Moor, a little above the in litary depot, and on the opposite side of the road) the cart stopped.' The clergyman then ascended the cart, and joined in prayer with Smith, who appeared to engage in it with the most devout attention. This piece ot devotion having been finished, time unfortunate man then stood up in the cart, anti . addressed the spectators in a firm tone of voice, to the following purport : " As I am going to meet my God, I do declare that I never shed the blood of Charles Stewint, nor that of ally human creature, nor had I ever sticb intention, nor (lid ever such an idea enter the niiiid, as I always had thu greatest ahhorrentss; of murder. I dictate farthet; that I never either tliA, strut, or knocked him down, nor ever st?i'died to borrow money of him, as appeared in etilience against we : and as to the cir cumstances of the Stick being tinged with human blaaud, ( tr my boots, stockings, or breeches, I deny the whole."—He here uttered some complaintS, that justice had not Veen done him at the Coroner's Inquest, &c. &c. mkt went on—" But I forgive all from any heart, and hope God will forgive them:. My crimes I know are numerous, (Ind I' ash forgiveness of those that I may have injured, and of the Almighty, whose law I bate violated. 0n the Sabbath-day - I have made the puhlic-house my temple, instead of the tellipie of the living God ; I have squandered away my earnings, whfcli at one time were 31. per week, in intemperance, to the great detri— ment of my family. But if I have duce many had things, tiaank . God I have thane some mood. I have always been wilting to divide what I had with those in distress, as my neighbours will bear witness. I have fed the hungry, cloat tied the naked harboured the harbourless, and I trust, therefore, nay pour wife and fatherless children may to,,et with some compassion Ircm others, and myself mercy from God. I wiliin;ly now offer up my death, together with the death of nay Divine. Saviitur, trusting through the efficacy of his blood shed for pour sinners, that I shall obtain tiie pardon of my offences. I beg the prayers of all good Christians fur the happiness of my soul." Having finished this speech, - he again joined in prayer with the clergyman for a teW Miufies. The cart was then moved close up to the gallows ; and the rope . (a fterisome little difficulty, arising from the noose being too small to pass freely over his head) being tasteued. round his neck, he was launched into eternity a few minutes before I t o'clock, and died without a struggle. His lyody, after hanging upwards of an hour, was cut downt and carried to Surgeons' Hall for dissection, where numbers of persons assembled on that and every succeeding day during the lust week to view , it. Thus has this man paid the forfeit of his life to the °trended laws of his country; and those who recollect the 'particulars ot his trial, will not readily suffer their belief of his being one ot the perpetrators of the murder to be shaken by tire dechration he has made. The circumstantial part of the evidence produced against Smith was ex ceedingly strong; and when the declamation of the unfortunate Stewart, who was pet fectly ac quainted with Smith, and identified him by his voice, &c. as one of his assailants, is connected with it, the comtemplative inind.cannot hut re flect with horror at the idea of a fellow-creature going into the presence of his Maker, while ut tering what there is too much► reason to believe is a string of falsehoods.—(New castle Paper) ROBBERY AND SPOLIATION.-011 Tuesday night the house of Mr. SOUTHORPE, No. 13, Stock well place, Stockwell, was broke open and entered• by a gang of desperate villains, about three or four in number, and robbed of property to a very can siderable amount. The property consisted chiefly . of silver plate, of valuable hum, and wearing ap parel. The • thieves regaled themselves upon a joint of meat and some apple pie. They were not content with carrying off as much booty as they were able to take, but they destroyed all the property-that they had not the power of taking with them. They broke'sgme valuable china, tore the dresses belonging to the servants, threw the tea and sugar about the lawn, broke the caddie, but carried away the ,silvcr bacon. The property stolen was of such vast bulk that it is supposed it was conveyed aWay by horse and cart. BIRTH on Tuesday last, at Mansfield Park, Sussex, the Lady- of Sir John Shell.,y, ILArt. M. P. of a clang - blur. k woman, aged 45, has beer delivered at the Military Hos pital at Lkest, - of three children, two of whom are females. 111ARRIED. Yesterday, at St. George's, Ha nover-sqoare, by the Rev. R. John Bradley, Esq. of.luhn-street, Berkeley-square, to. Miss Alms, daughter of the late James Alms, Esq. of Chi— chester, Commodore in the Royal Navy. 1)1 1 , , 1). At Caltirsiveen, on Friday morning, of a violent fever,. Richard Francis, Bleonherhmsset, E. a 11 , 1agWrate of the- County of Kerry, and second son of Blenner basstA, of lilennerville. Bnri. At sea, on the tall) nit. on hoard the ship Darlini ton,. of ralmonth, on her i•passare from Snqroa 10 Hull, Captain Richard Harvey, formerly Conrmander of an extra noclitt au the P4mout h station.. LONDON: Printed by .1. B. cArtsTAIRs, of No. S.ll, .Gava4 Ortnimd 7 street, Qneett:sqttare: and published be W. A. soiirrs, of Nn. S,,nth isiulton-street, at THE 'SC I Olt'ce, Nu. 112, Strand; where Aderilkements, bitters, Ste. (pusq-paid) must be addressed.