The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-10 00:00:00

COURT OF COMMON PLEAS, TuunstrAY, FEZ. 9.

.peisrment.
Mr. UN JACK the* addressed t. _
Gtosszy in agravatiou of punishment.
Mr. Jastice BATLEY delivered the judgment of the Court,
4o doing which lie observed to the defendants that they had been
found guilty of a conspiracy to cheat, and of obtaining goods front
severs? persons by falie pretences; and of the propriety of that
pan_viesien, notwithstanding !bat had been urged by their Counsel,
arid notwithstanding the aZdarits which had been pruslueed, he
is, one had not the least degree of doubt. The Learned Judge
atteis recapitulated the facts as they appeared by the evidence, and
°iterred that nothing was stated in the affidavits which could ot
poll show that this defendant Saunders had any Immediate avail.
able' property at the time lilt obtained the goods--that th re
'was bothing rebut the evidence of the defendant Park be ng.
Tlly aware of the real c:rcumstancts of Saunders, at the time that
Gs lopemented her to be a person possessed of estates to the amount
at 11101. a year; upon which representation ft was that the pencil;
.defeatitlyd limbrices ilex audit ; and with reglad to Godfrey, his
dosteratip Owned, that he appeared to be the mom active in the
Y.-auds that were committed, be king the person who in most in-
its.nas disposed of the goods that sere outained. The judgoient
44 the Court wss. that each of t :e defendants be imprisoned in
tkiblbath.ftelds House of Correction for the term of one year and
eliat at eh, inherence o f that period, %Villiers flodfrey and John
~lesiah Palk ewer foie their own recognizance" for MI. each, for
their good behaviour for five years.

TIfE RING v. AtlipAllt CONSTABLE. ESQ•

This w;;;1-11dfcttitiTntigamioilemearsor,-ciariing the de-
toradant, axone of the juatlces of the peace for the county of Kcnt.
Pith having ant the 49th July. 1522. wittiest any reavanahle or pro-
bable cause, and nodes mere ardour and pretence of Ins Aire. I
pined a warrant iitceted to the keeper of the House of Correction.
lb- Maidstone. Teeing that the prosecutor, John linker, had hem
864 otimilewl before him (the difendant), by the oath of Joseph
Abbott ar.d That revuton, of being a mrte and vagabond, and
editidged him to hi Jinpriessed and kept to hard labour for three
pa:as, whetter 41 oath the Wit J. Baker had not been convicted;
Lut oo the cintnuy the defendant had aigned the warrant without
teeing the said Baler, and withml givii g him an opportunity of
melting his defenee to the charge brought srainst him. The civ<c
wan tined at the Itatdoume Sommer Atteir,s, before Lord Chief
40400 t Beet and a Small Jury. when the defendant was found
The ATTODSFY-GIXTRAL now prayed the judgment of the
Court against the defendant.
The if/Merit of the defendant au then put In and read. It
staled that eke defendant was 80 year', and was at thie moment
roadbed te hts hew by sickness and incapable of attending the
Court. The defendant disclaimed all knowledge of the prosecutor
John Barr MOWS to the time of the alleged offence, and that
he...hed not been actuated by any feelings of malice mend.; Lim.
That the defendant had dhcharged the public duties of a 37egistrue

DOW JOSE ANTONIO D'YIIISARIII V. CLEMENT.
The COURT this morning called on the argument in this caw.
11Ir. Sergeant Vaughan, it will be recollected, showed cause
yesterday against the rule which had been obtained by Mn'. Set.
geant Tidily. The latter gentleman replied in support of the rule
to Mr. Sergeant Vaughan.
Mr. Sergeant SrAwltE this morning followed on the same side
as 31r. Sergeant Teddy. The Learned Sergeant contended that
toe existence of Chili as a State had not been matte out. Aristotle
had defined a State to consist In three things—being governed by
its owe laws, having magistrates, sad subsisting on its own revs.
nue. It revenue were to constitute a State, as was asserted by
Atistotle, Chili was no State at all, for it was proved that ir.steial
of its subsisting on its own revenue. it came to borrow mosey from
England ; and the present plaintiff, instead of being the regrown.
naive of an independent State, was at best a mendicant ambassador.
(Laughter.) The American Republics set up on the doctrhas of
sell-- but ; the mans of supporting them.
chat the plaintiff should come into
independence of revenue. The gues-
s Republic of Chili ? These States
- were a kind of terra incognita.
a new State. States did not
.covered islands. We were not to
munitions of war, but how
.., a sovereign state, acting like
these we held no league; we seat
Teasels clear out from the Cus.
States.
*-A cleared out from the Custom.
it that was not proof that the
constituted States. In the 4th vole
Blackstone said the King was the
pcople, and alone bad the power of
States.. Without his or some such
' know Chili was a State ? At
that Don Bernardo O'Higgins
Ile 'slue might be said of the
or of any set of men 250 degrees
acknowledge Chili as a State before
The King of Spain might say
independent ; till then no Court
of the French colonies (St.
revolutionised and destroyed
ever boasted. Twenty years
.. vessel qualm. held good because
:agnised. Now this was a new State
This State had a Government of
(led the efficiency-Of the revelation,
desire, fist they murdered all the
Laughter.) Nations were OM like
and die in a u;ght. If it were
were jatung, lie would say—
/our beard grow ;" (laughter)
A thirik we might say to Spain—
rebels."
--tly Lord; we might say to
taught
vltkh being tatiglit,
mar."
rebels, and " the poisoned
Tile passage front Vaud
wioch had been quoted was In direct opposition to that of
Grunt's. What sort of principle did the former authority lay
dowii ? One of the limiest and most revolutionary that hail ever been
advanced. The inference from it was this: that an* set of men
who we're sufficiently, daring, and could raise an efficient force,
might get up a &SI war. Admitting that it was lawful for
vialUals se circumstanced to set up an authority of their own, there
was not a state in Spaio but might revolt directly k pomcseed
the power. The declaration averred that Chili Was to sovereign
State. Now, ass not this advancing a contradiedon, when it was
recollerted on whit grounds this State asserted that it was su ? Ile
did 9ot deny that, under some circumstances, a Slate might be
proved a sovereign State, though not formally neknowledged • but
the King of England could not look upon tt.c States of gouth
America otherwise theta ss the dome:dons at the King of Spain ;
fur by the very fact of their assumieg to tat an independent Slate,
they proved that they were rebels. It they bed shown that they
were a State de Melo they had shown that they could not be a
State de jure. lie had looked into the macs which followed that of
the Calton of Berne, cited on the other side, and he could say with
die ;neatest confidence, there etas nothing in either of them which
at all differed from what had been there laid down. The Chan-
cellor mu in doubt how far the same body of men essuuting a new
denomination could be deemed a rely State. ])older e'. Hunting.
field had -been cited. This, however, was not a rise which bore
upon the question, the Chancellor hating decided it, not upon its
merits but on a paint of practice. This else was always being
cited in cases of practice in the Court of Chancery, as evidence
of the greater risk ruts in pkading than demurring? The pies
might either state too much or too little; and thus it frequemfy
happened that bet wren Sea lie and Chsrybdis the client snit to the
bottom. Tice State of Chili was tied down; uatil the Krug ur
Eng Land had said this was a new State, it remained, so tar se
Eno land was eoueerned, suhject tea the King of Spain. Teen
came the point, whether the plaintiff could tempirt a claim to.
damages for a libel of and ancerning a fratisseuon which was
illegal. The averni-nt on the record was, Ciat the plaiodif, In
certain capacity, st.t,-uipted to raise a Mau far foreign whim" wet
acknowleOged. He need not labour to thew that this was illegal,
the Court liavlog deemed the point. Theie could be no question
but that such a transactinn wile a most outrageous misdeintanor.
le the 2d Roll, atnidgment, 174, p. 4A, it watt 'said " that all
offences contrary to amity and peace lee tilegel." Yet three-came
here to diett a Wan fur a revolting people, while we were et entity
with the parent State, al Entity Extraotdilittry, authorised by
bon Rrrdardo 0111,t,ogihs. What countiymaa, this gentiman
mien be betook' tot tell.
The LOW) Carty Juiericfc—l think the 0 will Solve that,
bnoher Spank;e—he must be an Irieboutn,
Mr. Sergeant Srartkrk said the Slilcoiat.s il7ll an 0. The evi.

' --"-- E 1.1.011 suggested that it aightel be better to .su c ency, ut not possess the
visions, and to inquire unit lands they still selves. It was really ludicrous that ti
rust for the Charity, how far the Corporation Court under the definition of indrpend
e couldtbe nude avallabieto- the purposes of Con was, how did we find the Itemn
it the ealanoleghe iangseedginaHy devised bore no relation to England; the we
s would now innerant tars .l 1) order to deter- This was not what had been called a
rents of these Siprperatioa 'lands should be rise out cf the ocean like weed.coven
es intendid in Illetaveinal bequests. Inquire how they obtsined arms and
would accede to this, if admitted that they became an Independent nation, a
n could not be made sec for the etal. those legally constituted. With these
motors. to them no shiEs.
ELLOR-111 matters of used I The LORD CHIEF JUSTICE-I'es
pective account, but aim* eat the tom-house to Chili and the other State
it: future according to 1 on of the 31r. Sergeant SPANYIE said ships
house to all parts of the world, but
agreed with his Honour. - Vsnht it Suites to which they went were tenant
intention of the Court to auks the *meat of Commentaries, page. 25.2, 111.scicis
e for the fine of 210/ levied in 171$ oe 172ttal delegate or representative of the ptsplc
ace that time. lie now relied upon the 0gi..7 lending Ambassadors to foreign States
v had now declared and was confided thig city, thert.fore, how could we k
front it. a tt was proved by Don Garcia tl
cxxo a—l never have swerved. tees gas Director of Chili. The
Ding* of the Bank of England, or c
or is expected to hear causes on Saturday. WM.' It min of law could not ackno
Amps acknowledged by the King. 'I
NO'S DESCH, Tunas flaw, FEB. 9. tge States of So h America were indi
of kw could isc them. One
,NSION OF THE Rr!,ES. Domingo) late, had
✓ Jurrict said that the Judges had some one of th arinranee
tition from a private individual, playing for after this t of a Danish res.
ties, and yesterday they had received another, to St. Dentin of been recagnised.
'they had come. Their Lordships had token if rd • States new. TIC
contideration, and were all of opinion that it their own.. far as regarded th
reason to induce them to grant Its prayer. it was as heart could dean
CD?iSPIRAC whites as las ey could. (Laug
. GODFREY, THOS. JOSIAH PARE, AND HIRAM/CIS ;'l Cy 'd not spring up a
TIMBALS, OTHERWISE GODFREY. asserted the Squib merican :states
etment tried some terms ago before the Lord "Ye ate yourg, tar t Jericho till yl
ell the defendants we're thtind guilty of a eon. but ye are rebels to Severeign.
ono persons, and for obtaining from several of Tue Loan Cut
f great value under false preteaces. "You have taught the eels
prayed the judgment of the Court against Mr. Sergeant SP Vets utl
France and Spain
, JUSTICE having read lis notes of the avi. ---- have tat
sin were put in and read en the part of the Us blood s, wit
Return so ' invent
addressed in. Court in mitigation, and Mr. You hate taught us to MOOgniZe
Ilan Of punishment. cfalice returns to your own "