The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-15 00:00:00

MAY OR'S COURT. Sxrr. 11.

I7PON THE PROPERTY OF TOE
COLOMBIAN GOVERNMENT.
oolsamenee of an affidavit tiled in the alayor's Court, the
natrinout sum of 3;8,000/. which lies i 3 the hands of Lyon Abra-
ham lioldionidt and Co. has been attached. It is known that this
nn has the agency for the Colombian Government. and that the
enact of the attachment was the immediate depreciation of Colom-
bian stock, to the xi:at discomfiture of those who had embarked
thin
e speculation. 'fhe af%davit was that of Thomas Ambrose. Ed-
irne% of Surrey.s.reet, Strand ; and it stated that the liovernnient
d the Republic of Colombia, was justly and truly indebnal to hint,
and one !knout' Penfold Thomas. the assignee of Edwards, in the
sant of rti,oll,ll. upon two sets of hills of exchange drawn by him, ,
and accepted by Don Luis hopes Mendez. Deputy of the Govern-
nails el Venezuela, now calling itself the Government of l'olombia,
the came and on the behalf of that Government, and that the
tells were made payable at a certain day new past, at the onier of
:nuts Ludoric Grant, and by him indorsed to Edaards, who was
lady discharged as an insolvent tiding., at d that no offer had been
male to pay the said sum of 378.11001. or any part thereof. in any ;
note or noes of the Governor and Company of the Bank of
EnalaraL
Yisterday, before the Ttneonnt n. Mr. Hannan°. ore of the;
Car Connitel, rose to move the Court to at aside the action al-
together. as one wholly incapable of being maintaired open any
principle of comma law or, common sense—as a thing, in fact,
amounting to a complete nullity. The Fon of Goldsmith and Co.
were sued as the garnishees to a Case which represented the
cdoenbian flovernment as the defendant. It was, he believed.:
the fl at time that ever the government of any country was made!
party to a suit of any kind, and it was still more extraordinary
that a Government should be nettie a party to a personal action of,
debt. In every proceeding for the recovery of debt. each step was
in perroms. When a (opus was to be made, it could tun he node,
but in
inevitably subject to a similar form. In the case of a l'orporation,
which ought be considered somewhat analogous, the Attorney foe
that Corporation must be sued, and not the bode itself. But to
sue a Goveranient for money, struck him moat of the most palpable
absurdities by which a commercial people could be ikveived.
What did Government mean, but the effect produced by the opera.-
tthn of the functions of the governors towanls the governed ?
The Recounts—You certainly have stated enough t 3 shew
that you are entitled ten rule to chew cause.
BARNARD said the object of his mutton was to have the ;
whole proceedings set aside as a nullity; and he trusted that the
vault of his application would have a tendency to put down the
very incurious practice which so materially prejudiced commercial
amoiogy—the practice of resorting to the materially
Court, in owe,
to be supplied with a power to he exercised in jobbing in the stocks.
It would be most desirable that the person who proided in the
Mayors Court should express his opinion as to the conseviences
lately to arise from suing out attachments, when the parties who
asserted their claim never entertained the most distant :dm of pro.l
arming it to a termination. It the Recorder would publicly, de. I
clue the mischief arising from that practice, confidence would he
restored in mercantile relations, and the franchises of the citizens
of London would not be so subject to violation. Ile (31t. Bar-
nard) 'mild not say whether the actimi had been entered insider,.
t:nt:y, or whether the whole proetnalinga were a mere presence, for
testpurposeof serving the gambling adventurers on the Stock El.
cainge. 'f he process, however. could not have been issued out
without the privity of some of the officers of the Mayor's Court,
Iva, of course were in sonic degree chargeable with the fact of at-
taching, where there could be no I, gal redress.
Tim Rtconne R said he did not know that he could set aside
the action itself, but he tliMiet it would fully tosser the Learned
Counsel's view to put an end to the attachment, which certainly
de! am appear to the Court to be at all maintainable.
Mr. B said he tonnded his motion upon the high ground
of the mere nonsense of suing a Government for a sum of money.
Such a thing had never beets heard of before: and the rule fur which
he applied, ought, he submitted, to be made absolute at once. The
toleration of such a practice as that to which he had alluded would
do immense injury. Ile would ask any man in his soon whether
lie alieved that either the plaintiff or any one else ever entertained
an idea of making a direct or legal use of the attachim ra against
the ,Colorothan Government r When the cam was put into lea
hinds it immediately occurred to hint that the measure had been
taken Gtr the purpose of Wetting the Colombian stock in the mu.
ken sum of 3711,091 n. had -been now two months locked up,
and it was taken care that the attachment should he sped out on the
Ith July, the day preceding the great settling day, and the fact
earn notinect in all the rapers. It saes done too under circumstances
winch rendered it Unpins...o,le to proceed foe:heath for the removal
cf the process. To say that the stock suffered no depreciation in
consequence of the attachment would be to talk absurdly ; and no
roe cookd doubt that if the Colombian Government wanted the
many thus loeked up to meet the exigencies of the s:ate. and could
not get it, they would resort to another loan, and neomsarily do-
te the price of the l'oloothian snick then in the market. The
holders tithe stock must of course be affected. and the fours would
say, whether is a country where regularity and punctuality of corn.
mercial transactions woe so positively necessary, a process of such
a deserint ion, without the sinewest stability in law, should be per-
mit:A!, particularly under fires:instance:l which made it the instru.
went of extensive public mischief.
The Beene or R said, he certainly was of opinion that common
bad should be tiled, under the eirnonsiancts stated. It was M-
itred a most extraordinary suet of pro ceding to sue it Government.
Ti:.• plaintiff might as well sue a whole nation. Now such an ideal
as that of compelling a I fcvernntent to pay a debt to an individual
by such a process could enter into any man's head, he could not
vent. Ile ,dioukl direct that common hail be tiled, and that •
rule be granted to shew cause why all the proreedings should not
be set aside. _ -

hi, waa accordingly done. The attachment has., by this de.
tem:ma:ion all& l'eurt. been rendered null arnl raid.

WAI "10I; v. THE GOVERNMEXT 0)' CoLOMIIIA.

31r. Ilia N eau applied for the same rile in this case. The
plaintiff had sited mit an attachment against 31 MITI. (MI4III jilt and
I .‘t., coon an affidavit, stating that Simon Bolivar and others, sty!.
rig end eallitq themselves the Government of the Republic of Co-
bia, owed hint the aura of 1/.963/. 4a. fat. the balance due for
money paid by I ' for :hat Government, and also for work done for
ffist Government, and for thtir use and by their direction : that all
this had been sanctioned, approved, and agreed to by *Man Bo-
livar, on behilrof himself as Chief, and on behalf generally of the
Governmetit ; and that Simon Bolivar and the others were ,he pet-
, tans calling tisentsrives, and the individuals constituting that Go-
sermon:. It W:111 rot stated, /11r. Barnard said, that those per-
in% were the individuate forming the Government at the time the
money was said to hive been lent. Republics more frequently
taxied than any 01114.1' torn of government ; and it would indeed be
extraonlinary done set of Governors were to pay for what had been
cortnie ed by another. But supposing them to be liable, how was a
crpias to reach them, and Ming them over ? IVitout any forth.,
caunient, he mooed tOr an eerier similar to that granted in the.
lu ease.

?Ir. llottaub, for the plsintifr, arimed that this ease very ma-
tuially dirtied from the former. lie admitted at once that the
weeps serainst the Government of Columbia was absurd, and that
sr.e erasure of the kind edopted with a stockjobbing view was ex-
c;;Yregly culpable and mischievous. Hut Mr. iraltdn's claim w•
c:,,ecit,d by anything that had been said. The attachment was
z,..last the property of lbolirar and the others stylirg themselves
fie Government of Colombia. The question therefore was,
theists of persons starting in a partnership in a la-brie:ll concern,
true to tome here and contract debts, under the name of the Ger
sir snent of Colombia. without incurring any legal responsibility ?
Whisher a band of adventurers were to raise a large stun Or money,
wid then to shield themselves from the consequence or not paying, j
bt While themselves a Star ? The Lord c.liancelior hail, sortie
t'llr WO. fe1154:11 tO recognise Colombia as a State. In fact, the
edatit pruned that linlivar's money was subject to the attachment
1-iteb had been sued nut. If not, men were to he considered as
.;•!tt.ell in coming to this country. and making plunder of the pro.
of the natives, who frac thus left without the chance of re.
The Recount's said, that the motion in this ease must also
-.geed the iivennent stated. that Mr. Walton lent the money to
14**.irar aLd the others as the Government of Colombia. It was
. averred wtio the finvernment were; it was merel, said that 80.
err and the others styled themselves the Government.
I .^itTrgal bail oaf also ordered to be bled iti this ease. and a rule
to .hew cause sdiy the whole proceedings should not be set aside,
ranted.
GI tame the shot; amount of the demand upon the Colombian
C wt.-a:nest reee.ing in precisciy the same situation in which it
ef'ore the auschnients were issued. An immense quantity of
been. in oin.,•quenee of the attaelintiet, sent into the
shlle e has been tivati:tg about with little variatioa since
ts last grei.t fettling day.

"bbet, t° ° very grtat extent iu money and Exchequer I,
Ills, teas ea 1111 l into! on Saturday night or Sunday wont-
by breaking open the counting-house of Messrs.
11 o'ke.r and Stanley, in Duck-foot-lane, Thames-stmt.
Exchequer !fills ttolen amount to some thousands of
. _i!s.
ihr (rub returning from Belfast to DownNtrick, on
1.;1.:•ly erming last. was upset by the breaking of the fore
by alibis Captain Saunders, an inside passenger.
: his arm broken, but was not otherwise seriously

Titatday, the 2Gth ult. we had the lowest spring tide
knots in this part of the country. Three sea pilots
across from the south to the north side of the river
" • r• Tyncmouth liar! a circumstance which, it is
has never occurred before. At high water on that
Pre were 2s feet eight inches on the liar, and
he pcilvstrains set of they found only two!—Nettp-
',F.rnirle.
4-,ew (.01roN AtaititET.--Tb: demand for cotton
oi rely inoth•rate; and as most of the mills in the
?larlinual are stopped, Ay the purpose of suppri.ssing
inxtion which exists amongst some of the operatives,
t likely we will have much doing till they are set on
prices keep remarkably steady. The sales amount
h:aler, as under :
Iltd• 71. 12d. to 131 d. middling. 133 d. middling Cdr. aryl
:.• lhoo Stained, 11. 101 d. niidallkig fair. &med. 173.
.4lng lair. NIS. fair, to lki. gaud. New Orleans. 47. lod-
F`!e'u• Mobdt, I+ll, Old. fair, to Bid. good. Iknicraraii,
to 131 pod. Egyptian, r,, ItFjJ. fair. Carriacou,
au. to id. good fan. St. V i:.ccot, v, yJ. fair. No im.

GENERAL ELECTPON.

The Irish Papers continue to speculate on an early di".
solution of Parliament. The Dublin Ereniv Post pub-
lishes the

It is certz in thi. a great electioneering bustle prevails
everywhere; and we believe we may state it as a fact, that,
' out of the thirty-two coutities, there will be a contest in
twody-siz at least. We are satisfied too that more than
two-thirds of the If:Troughs and great totYns wit be equally
contested.

COVWFY OF LONCFORD.-011C of the Whites ri i 1 1 start
for Longford, and we bare heard of another intcrest uhich
is bestirring itself.

Coustryor KILDARE.-.-oTle of the Moore family will
offer himself to the Electors of the County of Kildare.—
Another Candidate is also spoken of.
COI-sure or MraTu.--Otie of Lotd Darnley's family
will offer hinnklf for this Comity.

COUNTY OF WFSTMLATII.-43ne of the ;righes hill
start for this County.
Corry or ANTRIn..---Lord Gletetrn (a 1.11aolonattl)
opposes, we uniltrstand, the Hertford interest.

CoeN•rr Or ( 'Ant N. COOrt will Certainly beat the
Barrys upon this_their classic ground. _ _

. .
COUNTY oe NIONACIIAN. --A son of Lord Blaney's
and Mr. Shirley, who has a great landed interest in this
county, will contegt the victory with the Sitting Members.
COUN'.'Y or LLITIUM. Clements Will undoubhxlly
present himself to this county on the next election.
C6CgTY or Kratty.—herry will he contested:
have heard several names mentioned. Mr. M. Fitzgerald,
we are glad to state, will not be the retiring Member.
Candidates arc already named for Dundalk, Newry, atd
Dow upatrick.

tk,
I'4? thei
•
141,411 lh
C:Ap
u,
14,:.1j01
I: rot
9S.