The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-31 00:00:00

foe sincerity iti thane statements ; but we are by no means'
disposed to coincide with him in his conclusions. The conspi-
rators who met, in the time of Boner Ater E, to form plans for
the overthrow of his government, and the return of their
ancient and legitimate Princes, had not profited so little in
the school of she Jacobins, as to communicate their ultimate
objects to the mixed multitude whom it was their intention
to use as their instruments in accomplishing these objects.
In all probability tkey acted as it has been customary, in
such eases, to act in all ages. They had one scheme for
the multitude, and another for the few. Such religious
associations, in the time of BONAPAILTI, must have been
friendly to the Catholic clergy, and it is equally certain
that the clergy were favourable to Royalty and inimical to
the then existing order of things. A political society,
during that period, with such views as the Bishop of Il e a-
morale Is admits them to have had, must necessarily have
looked upon the members of the Congregation as, their most
important auxiliaries; and the members of the Congregation
muse, though ignorant of the designs of the political society,
have looked upon the-object of their conspiracies as the only
consnmtnation by which their own schemes for the ad-
vancement of the Catholic religion could ever be carried
into effect. We roust not suppose that the Royalists
passed through the scenes of the Revolution without 'learn-
ing that art of influencing great bodies. and collecting in
the dark the materials of revolutions, which was carried
to such a length in that stormy period, and there cannot
he the slightest doubt of the connexion of the two societies
at that time. The question is then—has the political part
of this association becom, entirely extinct since the return
of the King? If the joy of the restoration had induced
the Royalists to foto the differences of those ; arties
which still continue to exist in France, the hundred
days would I ave destroyed their security. The return
of Bonaparte from Elba would have taught them
that their watchfulness wits still necessary. The
emigrants have not yet entirely recovered their former
privileges. The parties against whom these Societies were
formed still exist in France, and we arc not inclined to
think that the Societies themselves have yet been entirely
abandoned. It is not very likely that members of these
associations would come and avow those objects ; and we
are inclined to give the French Ministry credit for too
much liberality of principle to suppose that they would
conch in these ultra-royalist designs. We therefore con-
sider the assertions of the Minister of Ecclesiastical Af-
lair3 as by no means decisive on this subject. lie merely
states what French Ministers wish to bs understood respect-
ing these Societies.

We have received files of the Sydney Gazete, from
which we have extracted the following trial, of consider:
ahle importance to all persons connected with the East
India shipping, or likely to become passengers to the
East

[From the Sydney Gazette of the 21th of Nov.[
SUPREME CIVIL COURT. MONDAY, Nov. 21, 1825.
Before Judge STEPHEN.
_ WENTWORTH V. JONES. _

This wu en action of assumpoit for breach of contract, brought
by the plaintiff, W. C. Wentworth, Esq., against Richard Jones.
Esq. one our oldest merchants.
1117. WAvnEt.s. stated the case. The declaration set forth that
the defendant undertook to provide certain things for a given price,
and also the usual accounts for money had and received. The de-
fendant was owrer of a ship called the Alfred, in which the plain-
tafearne out from England to this colony as a passenger, and the
complaint was for the wet and uncomfortable state of the cabins ;
and also for not having provided aotlicient necessaries fur the
voyage. The damages were laid at 200/., and the defendant pkal,tl
the general issue. . .

Jam Mackanees, Esq., examined—Came as a passenger on
hoard the ship Alfred to tis colony; witness agreed with the de-
fendant for Lin passage out, and was told that he might rc!y on
living an well on board during the voyage as at any gentleman's
rabl.t in London ; no reduction whatever was made in the amount
demanded by the defendant: lie charged what he thought proper,
and imdettook to treat his passengers like gentlemen. Witness had
too high an opinion of a London merchant to require any written con-
tract from the defendant, and there was none entered into; he took
foe granted that Mr. Jones, being a man of property, would be
well supplied far the passage, but the provisions were of euelt a
nature as to reduce witness to a skeleton. There was plenty of pro-
visions while the ship lay at Deal, but extremely filthy. puling
the greater part of the passage they had coarse biscuit, and for the
last two or three month., two days in each week, there was nothing
else but salt meat and dough-buys, made with stinking water; the
defendant haying refused to have a filtering-stone on board, al.
leging that it was too expensive, and that the passengers would
drink too much water. The porter lasted about a month ; there
were 18 persons entitled to receive provisions from the cabin table,
and there were but 20 dozen of porter for, a probable voyage of
four or five months. The Captain refused to delay at Aladeira
while the passengers procured porter, as he would thereby disobey
the orders of his owners ; the passengers were obliged to subscribe
at Madeira to lay in provisions; they could not sit in the dining.
cabin, except in very fine weather, without being wet ; in the
Sleeping-cabin of one of the passengers the water was anele-deep,
and the door of the plaintiff's cabin was several times broken open
by deluges of water ; the master himself stated, that altegether it
was not like any other ship he had ever seen, but that 31r. Jones
would not allow the proper necessaries to be laid in. There was no
cheese for two months of the yoya3e, and for days together witness
had dined on biscuit, there being nothing but salt provisions ; in
fact, the passengers, one and all, were in a state of atervation du/-
leg the voyage.
Crag-examined by Mr. NORTON—Mr. Wentworth was ap.
pointed caterer by the consent of the passengers ; witness believed
at lint, with others, that the fault lay with Liar, hut was after.
wards convinced they should have been all starved bad he acted
otherwise than as he did. The Captain said that it was usual
with him to allow the passengers to choose a caterer amongst them.
selves. It was nearer to ten weeks titan ten days in which they
were without fresh provisions of any sort; there were a few small
pigs procured a' St. Jsgo, but so bad as net to be fit for use ; the
meat, even at Dead, was not clean nor sufficiently dressed.
Dr. \Varletl deposed, that he was a passenger on board the ship
Alfred, train England to this colony; that, previous to his em-
barkation. he had one or two conversations with the defendant on
the subject of the provisions which the passengers were to have
during the voyage; he said they would live like gentlemen, they
would have plenty of fresh provisions, sheep, poultry, pork,: pre-
pared rump. sodas much wine as passengers like to drink; that the
ship should be victualled at St. Joao, and receive a sufficient sup.
ply of everything to proceed to !lobate Town. A survey of what
was on board was taken by the twassengers at Portsmouth, and a
letter was written thence to the owner, stating that there were not
sufficient provisions fat the voyage, and that the Captain would, by
the owner's leave, I.y in a supply; the Captain stated. at the
time, this letter was written by his concurrence, that he would wait
en answer, hut afterwards declined doing so, and proceeded to sea.
Several of the passengers laid in provisions of various sorts at Ports-
mouth; the plaintiff laid in provisions at Madeire and St..lego ;
the Captain refused to lay in any provisions at Madeira, as against
his owner'. order's, and said he would leave the ship if the corn.
plaints, though just, were not discontinued. 3lsny of the pas-
sengers laid out money to the amount of lU, 20, 30. and 411/ , not-
withstanding which, and purchases made by the ta?tair exceed.
ing his orders, the passengers were almost starred during the
voyage. The porter and cheese, though very moderately supplied
at dinner, were all used when e ship arrived at Aladeira ; seine
poultry was taken in at St. Jago. but, with a few exceptions, were
nothing but bones; the passengers were bring for ten weeks, two
days in each week, on salt provisions ; and for a fortnight solely on
very indifferent salt beef or pork, and dumpling. with coarse biscuit,
such as the sailors eat. The cabin was witlintit light, except a small
lamp badly supplied with nil, which the Captain frequently rehired
to allow, stating that he had not oil for the binnacle to- last during
the pasemge. The cabins were always full of water, and the: of the
plaintiff received so much through the boards, that a tarpaulin was
obliged to be nailed at last on the top, to prevent the water dropping
on his face as he lay in bed. From the Cape to Hobart Two the
I ship made the quickest passage ever known, only 28 or ilo days,
and but for which, it was admitted by all on board, the passengers
would have been actually starved. The nil used during part of
the voyage in the cabin was some that the plaintiff had laid in for
his own use, only for which they must have gone wi:hotat any
light; everything on hoard was extremely filthy; the table-linen
lied the appearance of knife-cloths which had been used a week,
and so dirty that witness was frequently obliged to remove it from
that part of the table where he sat; the knives and forks equally
dirty ; and, In fact, everything was deficient, filthy, and very
had, except *the porter and a few Yorkshire hams, while they
lasted.

Cross-examined—H ad not Mr. Jones said that everything neces-
sary would be found, witness would have laid in a supply to pre-
vent a chance of searcitv ; the plaintiff agreed for the pasrave of
witness and two of his family, which agreement witness by
paying 31101.; don't know th,tt the 300/. wan rereived by Mr. Jones
as part of a general sum of l for which the plaintiff had erm-
tracted for a party; witness 'knew of no such contract ; there was
was not one-half of what the passengers could have eaten, up to the
arrival of the ship at Madeira ; if they had had a potato for break-
isst they would have been very well Natistird ; don't know what
usble.clutbs were on board ; can only speak of what he saw, which'
were most filthy ; had seen three persona take hold of a bone at
one ;line, and, ff thire happened to be three joints in It, they each
got a share.

NOLTOS addressed the Court for the defendant, and dwelt
considerably on the hardship of his client, in being obliged to proceed
to trial without having the evidence of the Captain of the Alfred. who
would have given quite a different complexion to the statement
which had been made on the part of the plaintiff. It was impra..
aible, he couttaded, that the partite, who were witnesses on the

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THE 13 RITISH PRESS.
•
pin of the plaintiff; could have been unbiassed: they owte into
Court with feelings *arm from a supposed in try the Not
think they would deceive the Copra, but they might 4.reelte ORM.
leiVelL A certain contratt was made by Mr. Wentworth, for cer-
lain raring, and the 3UOI. from Dr. Wardell was only received by
Fillr•J•"" as Part of a general sum for which Mr. Wentworth had
instated into a contract with hint; and, when a certain price was
paid for certain .ii-commoilations, the plaintiff should be satisfied,
where there was no express agreement. The Court, he contended,
Ind nothing to tin with the miaconcelved 'dem tit- the parties. or
•ith the erroneous feelings of a passenger; bu• it was a joint con-
tract, they were joint sufferers, and should jointly seek For redress.
The wetness of the cabins was entirely the consequence of the kind
of vessel she WAS, and of the state of weather she met with, and
none coold account for the visitation?. of Providence. sir. Norton
concluded by observing that the Court lutist see the necessity of
having the testimony of the master in this case, and the dilemma
in which the defendant was placed for want of his evidence.
Some witnee.ses were examined fur the defence, whose testimony,
fintrev..r, had not the effect of shaking the evidence btought forward
in support of the case • and
flis HONOUR. hating-summed up the evidence, and observed
that there was nothing before the Court to warrant the supposition
that dila was a joint contract,
The Jury tbund a verdict for the plaintiff —damages, BW. lien.
ling, with costs.

TUESDAY, NOV. 22.
IVARDEI.I. v. JONES.

Mr. W. C. WrWTWORTII. on the part of the plaintiff, con-
sented to take a verdict for 2001.
Verdict fur the plaintiff—damages, 2001., with costs.
His Excellency Sir Thomas Brisbane, Lady Brisbane, and
Master Thomas Australia Brisbane, with their two daughters, and
Miss Macilougal, took their tinal leave of Parramatta on Tuesday
last, and came to Sydney by water. The illustrious party took
possession of the Mary Hope immediately, on board of which his
12xle-liency and family have since resided ; intending, it is reported,
to bid farewell to Australia in the early part of next week.
His Excellency gave a dinner at Government-house yesterday to
a select party of gentlemen, at which were present, amongst many
other gentlemen, Hs Himont the Lieutenant-Onvernor, their Ilca
nonrs the Chief Justice and Judge t.3tenhen, the Colonial Secret-
tar!. the Clerk of the Council, the Acting Private secretary, CO-
lone! Duincren, &c. &c. &c. '

--C 3Tl', TOZSDAY EVENING.

The Stock Exchanges were in a state of complete inaction this
morning, and 7Yii Ira% the only qttotation of Console during the
day. Exchequer Bills were 9a. Gs. prtm.; and India Bonds Ge. 7s.
prem.

The few bargains in Trans•Atlantie Se?urities were done at the
prices that were reported on Saturday and yesterday ; at least the
va-iation is scarcely worth noticing. Colombian Bonds, 41t 1
3lexican Six per Cents. fill 2; Peruvian Bonds, 2.91; Brazilian
ditto, 56. I:reek Bonds were rather heavy at 14! ; Russian ditto
had a very limited sale at 79a. Shares wereitithout variation.

Yesterday afternoon, at half-past four o'clock, the Duke
of York held a Levee, at his office in the Hurse-guards,
which occupied the attention of his Royal Highness about
an scour. The following were among those present :—The
Duke of Grafton, the Marquis of Ifuntly, the Earl of
Elgin, Lieutenant-Gcneral Lord Charles Somerset, on his
return from the Cape of Good Hope, Earl of Southampton,
Lord Blayney,• Lord James Fitzroy, Generals Sir George
Nugent and Fitzroy, Lieutenant-Generals Sir John O.
wald and Cockell, Major-Generals Woman and Fuller,
Rear-A(111341 feu, Sir Gregory Way, and about thirty
others.

. Yesterday afternoon the Duke of York had an interview
with the Earl of Liverpool, at the Noble Earl's residence
in Whitehall.

Yesterday the Princess Sophia visited the Duke of York,
at his house in South Audley-street.
I'rince Leopold honoured the ball given by the Prince
and Princess Pollgnac with his presence, on Monday even-
ing, at their residence in Portland-place.
Yesterday Count Munster, the Hanoverian Minister,
had an audience of the King.

On Monday the Lords of his Majesty's Privy Council
assembled at the Council Office, Anitchali, to hear a va-
riety of appeals. Among them was one from the island of
Jersey, on the question of a libol against a clergvman,
published in a newspaper, charging the Rev. Clergy-
man with having received subscriptions towards erecting a
cenotaph to the memory of the late Princess Charlotte,
and having applies! the subscription so received to his own
use. Their Lordships confirmed the decision of the Court,
hut whether to the full extent of the damages or not we did
not ascertain. An objection was taken to the proceedings,
on the ground of the Rev. complainant being deceased
since the pro rc`dingS had commenced, but their Lordships
over-rnlvd the objection. The Lords present were, the
Lord Chief Baron, Lord Stowell, Sir John Nichol, the
Master of the Rolls, and Lord Colchester.

The Duke of Athol has purchased an elegant house in
St. James's-square, the late residence of the Duke of
Portland.

_ ......
CHELTENHAM. MAY 49.—This being the Anniversary
of the Restoration of Charles the Second, there have been
I great rejoicings In re. The different church bells have
heen ringing all day long. The Pump-room at the King's
Old Wells, kept by Chambers, was decorated with great
taste and elegance, festoons of oak interspersed with the
oak apples were hung on various parts of the room, as well
as the beautiful walk attached to these Wells, which was
besides ornamented by the flags of our own century and
those of various other. nations; upon the whole it had a
very fine effect. This evening there is to be a grand fancy
dress ball at the Assembly-rooms, in aid of the funds for
the relief of the distressed manufacturers, and there is no
doubt it will be attended by the first rank and fashion, not
only of this town hut also ti the county. The sermons
preached here at our different churches, on the 21st inst.,
for the purpose of adding to the same subscription, pro-
duced no less a sum than upwards of sooi.-Tip! town is
filling very fast, most of the boatding-houses and inns are
nearly full, and a very good season is anticipated; the
various Spas arc even now well attended. The dome over
the new Pump-room at the Montpelier Spa is nearly corn-
pleted.-1 am happy in being able to say that we are fast
recovering from the effects of the late panic.
SPITALFIELDS WEAvess —We are requested by the
Ladies,' Managers of this benevolent undertaking, to in-
form the public that the sale of useful and fancy artiA s,
at the Hanover-square Rooms, for the benefit of the Spital-
fields ‘Veavers, will, by particular desire, be continued to-
day (Wednesday, 31st May), between the hours of twelve
anil four, after which the doors will be closed.

_The Gazelle of last night announces the appointment of
Dr. Goodenough, Hear) Amur of Westminster School, to
the Prebendal Stall of that Cathedral, vacated by the death
of Dr. Short.

It is affirmed that the Government of the Netherlands
has returned a negative answer to the Austrian note, calling
.fur the execution of the treaties respecting the free naviga-
tion of the Rhine. From this answer it should seem that
there is little hope of a friendly arreir,!tement of the points
in dispute.—.4llgemeine Zeihiag. May 23.
New Ontisa sta, Aram B.—Our market, with the ex-
ception of a little stir in cotton, lintels hut few alterations
of material importance to notice since our last. The wee-
titer. continued favourable for business up to Thursday
forenoon, when there was considerable rain and wind ;
since when the air has become pleasant. About three-
foul:lts of' the shipping in port are actively engaged in
loading. which gives on animated appearance to business
!on the Levee. The Itlissitsfpi still continues to rise slowly.
It is reported, but we know not how correctly, that Dr.
Keate, abater of Eton. School, in consequence of some dissatisfac-
tion among
ithe boys, and from his own view of the subject, re-
solves to cincontinue the " blontem."
DISTIUSSING ACCIDINT..—DORCHESTER, MAY 2R.—
A melancholy evtnt occurred yesterday, which has created a strong
sensation' and excited, a general feeling of sympathy and regret.
ArKeith Fraser, Esq. of the 6th Enni+l,lllen Dregomis (brother of
Sir Wm. Fraser, Hart. and of Major Fraser, 7.k Haitian), aecom-
pmied by Licut.-C..lonel Keene and Captain Portman, of the same
regnnent, was tiding on the Downk at Bincorobe, near this town,
his horse, a valuable, although a vicious animal, rail off at full
speed, and reaching the summit of a high bill, whiff on the other
side was nearly perpendicular, plunged forward. when b'th were
precipitated to the bottom, a height of nearly 200 feet. On the ar.
Tavel of Colonel Keene and Captain Maintop at the spot, they
found the unfortunate young gentleman lying in a senseless state.
Medical assistance being procured as promptly as possible, Mr.
Fraser was conveyed on a litter to the barracks. He lingered in
' state of utter insensibility till two o'clock this morning, when he
expired. By the fall the horse's back was broken, and ho was of
necessity kiiird on the ground. Mr. Fraser was in his 22d year,
and had only in the course of the morning received a notification of
his'promotimi ma Liententincy. He was a school-Mime end friend
of Lord A. Paget, of the 7th Hinman, whose death we announced
a short time back, under somewhat similar clreurnatances He was
a young man of much promise, and highly respected and beloved
by Ilia brother Officer..
CARLISLE.—It appears fl'ara the Cartilte Anent that Sir J.
Graham, Of Netherby, will start tor that elty in the Mat tri
JUDOS,
•