The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-20 00:00:00

•

recognition
There were
sovereigns

, who
acting

. • •

it
.. people
, llseePa' 4 so Old Spain. . -my impreseion ,at they ell
ellesadoet of independence, or Me greater part of them,
net know what were their secret feelings.
d the COVWT—As far as my knowledge goes, the whole, of the
lean weeused by the State of Chili, and ratified by that Govern.
same.
Tho LCMD Chit, JUSTICE said, that although this objection
presansd itself is • technics] shape, yet the difficulty was one that
mildew be disposed of at Nisi Primo. It occurred to him at pre-
sent that the distinction was this—if a foreign state was recognised
by this country it was sot necessary to prove that it was a regular
grnernment, because he as • Judge was bound to consider ft such,
but there were many other States which no doubt were independent,
but of which this country had never made any recognition. He
mob the rule to he this—that if a people got together s sufficient
form to protect themselves. made laws, and bad Courts of Justice,
=bas was • State, Therefore, though this State did once belong
se Spain, yet that would be a str-nge reason that it should always
do so, till span should think proper to do what Great Britain did
towards its once American provinces—declare their independence.
He would give the defendant leave to move the Court upon this
Suction, because it certainly was a very important one.
Mr. Sergeant VAUGHAN said that Consuls had been appointed
these from this country.
The LoID CHIEF JUSTICE—That has been decided not to be
a recognition. The appointment of a Minister was a different
ciscuttaisinee.
The witness. Was re-examined—The Government of Chili has
beam cootineed In the same form up to this time, and has improved
Is le.
B X& ilorsomat TADDY—Don O'Higgins was deposed after.
taddeswiso for a time hid the commend in Chili
ep A Ids England at that time, but that can-
dlins',. of do . I saw the old Spanish General
in
who cornin the half province, hanged in a
-,_"' Chili for acting under the King of Spain ; he had banged
'id Illellant of patriots In his time.
TADDY here mentioned a as, of an action upon a
where it was endeavoured to show that the
..,
lid ffisy of Biscay wee part of a State not belongieg
le . • as the French Government was in possession
of and acted in all respects without regard to the Spanish autho-
rities, and the people considered themselves not the subjects of
Spain, and yet it was held Mat they were in fact the subjects of
Spain.
The 1.0110 CHIEF JUSTICE repeated his opinion as to what
constituted an independent State, and said he should reserve the
point, as bethought it should be discussed.
. Mr. John Doha, a notary-public, produced certain pawns from
1
b=ase of Chili.
_Mt. Sergeant TADDY—I got them from the Bank of Eng.
. they were deposited thereby myself.
rcia del Rio was recalled, to authenticate the signatures.
' documents were then put in and read. They were powers
.telleaplaintiff to raise loans on behalf of the Supreme Govern-
Jong% and prescribing the mode in which the money was to be
• ted to the Government.
.. :111VISergeent TADDT objected that these documents were not
togefedeo be those of a regular Government, or that the Govern.
gang of this country had sauctioned them.
:*.e The Loth CHIDE, Jurrics said, if he were called upon to ,1
oyes She legality of Me loan, he should feel no hesitation in
that It was illegal. Foreigners had no right to come to
i, to negotiate loans with the subjects of his Majesty
„,. illanenction of the British Government. He had decided
. fps &Amass way on a farmer occasion, and that decision had
ii. algal momiened by the Judges of the Court of King's Bench.
I iille he alluded to arose out of the Greek Loam.
ee despatch from the Ghillie Government to the plaintiff, dated
e Jane, 1820, was then read. It acknowledged the receipt of
front the plaintiff, by which be informed his Govern.
rat-be had not been able to negotiate a loan, and saying that
it any effort or exertion in procuring it.
riles as Octavius Newman, clerk to Messrs. Mullett, anti
~Illos astamised—l ant the attesting witness to this deed, which is
the contract for the loan enteral into between the plaintiff and
Mann. Mullett, brothers and Co. I also attested the execution of
the inertoage made to them by the plaintiff of the revenues of the
state of Chili.
Mr. Andrew Bellew proved the plaintiff's signature to certain
Within Bonds, which were signed while the plaintiff was at Paris,
sod which had been paid and cancelled.
yr. Sergeant Teoue—l do not know out of what funds these
were paid.
. ..., e pwas si Ito recalled, and proved the authenticity of an
l,ia
desoisteh, dated November Ifi23, from the Government of
le Ihe Olaistigoommlaing the ratification of the loan, and the
mei Of die dedadoes 01.1.W1011M, indemnifying klessee. Hullett and
Om. for obe mean they might pay on the bills that were drawn
. spew then by ohm Goverommt In consequence of the contract.
Mr. Newman rem/led—The vignitture to this appointment of .Me.
Malkin as Conseil-General for Buenos Ayres is that of Don
Reheidsira. I know his hand.wiiting by having paid checks
drawn by him. I know Messrs. Mullett, but I do not know
elhatha Mr. Mullett ever acted as Consul-General for Buenos
Ayala
Mr. Charles Widdle examined—l am a partner in the house of
Hallett and Co. I believe John Mullett has never done any act
as Coned to Buenos Ayres. He has had no communications with
that Government in my presence as Consul of that State.
By Mr. Sergeant T•DDT—The prospectus you now hand to me
is Mat which was dewed upon the occasion of the loan. I hive
beard the plaintiff state to persona what was the amount of the
revenue of Chili, bet I never heard hun state that it was equal to
hermen limes the amount of the interest of ihe.loan.
Mr. John Mullett, examined-1 have acted upon my appoint.
tnellt in obtaining an interview with the Secretary of State for
ensign Atkin ; but I never signed any official documents. 1
lad two appointments. The fine was forwarded through the Office
of Foreign Affair. to me, as I was informed.
The Lou) CIIIEF JIJSTICZ—The document must be eroved.
Witness—The seal to this eppotetinent is that of die State of
Beano. Ayers. It is signed by Don Rebeideira.
The LORD Come Jurricr.—.ln the first place, show that
Mae is such • State as Buenos Ayres—it never has been recog.
Ailed yet.
Mr. Sergeant VAUGHAN—There is a treaty of amity and two.
• between title country and State.
wee
that LOBO CHIET Jit IT IcE—Be t that is no recognition.
r Dal Rio remited.-1 cannot state positively that this is the
'meal of the State of Bueeue Ayres. I was there about three years
;sis and remained a niontli. 'There was a Government, consisting
elf 4 Soprano Governor and a lluuse of Representatives of the
ayces.
... the 'Cott hw —They had troops and Coats of Justice, and
Alliff mode their own laws. I was there in a pubic eharacret from
elks Vats of Peru. In my journey to Europe I was instructed by
Ai Goveragnent of Pero, through which country I passed, to
limosact sots business with the Government of Buenos ,tyres.
'Cross-clammed by Mr. Sergeant TADDY—I did not come from
.Chili in any public capacity, but from Peru. That State had
bedword to Old Spain. It had declared its independence, and was
fie a mare of war with Old Spain. When I went from Chili to
. raga. Me King of Spain's troops were they in the cities of Peru
. sod Limas; but before I left it they were expelled from both those
,bees.
The Loth Chili JUSTICE said it was not material in this
se to prove that Peru was an Independent State at that time, but
: were, he was of opinion that the troops having been defeated
' rot enough toestablish the Independence of a State. The
0
Mrmust have subsided. a
e Witness—The cannily had become quiet and trantuil be. wh.
Awe I left. I was in the Chamber of Representatives at Bueoes Plen.
=Meat hems. Doe Martino Ftedrigoes was then dommor. apply it.
Ai". OW lIS that time at ~cid) Old Spain. I trayellod it did DOI

THE

about 160 miles eaves the Andes to Buenos Ayres by land, and
the inhabitant, were all hying under the authority of the 00.
' vermeil, at Buenos Ayres.
By the CoutlT—There were no foreign troops in that part 9f
The country. Monte Video was occupied at the time by the
Brazilian troops.
By Mr. Sergeant Twont —Buenos Ayres was part of the pro.
vince that formerly belonged to old Spain.
By the COURT—I collected from my observation while I was
among the people, that they looked upon themselves to belong
entirely to the Government of Buenos Ayres, and not to Old
Spain. .
Don Vingente Pains examined-1 am a South American, and
belong to Buenos Ayres. That State separated from Old Spain
Sheen years ago. The Oovernment used a seal; this It its im-
pression. I hnve been used to see it in the Secretary of State's and
other public offices, and since that time have seen it affixed to
various documents.
Cross-examined by Sergeant TARDY-1 belong to that country
the same as you belong to England. I have not hem at Buenos
Ayres for the last nine years. 1 lied been in England before that,
and returned to Buenos Ayres again, for eight of nine months, and
then left. and have not been there since,
Mr. Sergeant SPANILIE. exhibiting the Bond, Paid the seal was
merely affixed to it by a pin, and might have been placed there by
any stranger.
The Loitti Cuttur Jr:strict said the signature to a bond was
merely to state whose seal it was that was affixed to it, and no bond
was worth anything without a teal.
Mr. TINDAL observed that the seal had been torn off by ac.
eldent.
Mr. Sergeant Vitt:on/t—This objection would not do even in
Prussia.
Mr. Sergeant TAnDY—We are not trying it in Prussia.
The LORD Cutur JUSTICE—I wish you were. with all my
heart. Though, I suppose, it is not usual in Prussia to publish a
report of a trial before it takes place.
Mr. Ilullett begged to ante that the bonds were perfect when be
delivered them to the attorney.
Mr. Sergeant SrANXIE disclaimed any intention to insinuate
' that Mr. Hallett had done any thing improperly.
Pile. llullett was then cross-examined by Mr. Sergeant T•DDy.
I have never heard the plaiatiff state to others what was the amount
of the revenues of Chili; he may have stated it to me. The
plaintiff had been in England previous to 1818. He was not in
etrmimstanees of distress in 1819, that lam aware of. I conducted
' his businers, and have advanced him small sums of money at dif.
ferent. time s, but the sums were not so small as would show that
there was any urgent necessity existing. 1 cannot state the exact
rams,

Evidence to prove that the defendant was the proprietor of the
leforning Chronicle was then offered, but 111 r. Sergeant TADDY
adnitted it ; he, however, refused to admit the publication of the
paper of the 14th instant, containing the matter intended as evi-
dence of aggravation of damages ; and the newsvender was called,
who paid the number then produced had been left at his house, as
natio], by the person who carried them from the Morning Chronicle
otTe?.

The COURT considered this not sufficient proof.
A person from the Stamp Office was then called, but did not
produce the paper that was directed by the statute to be left with
the Comn.issionera of Stamps by the publishers of newapapirrs;
and, after much discussion as to the necesaiiy of its production,
The LORD CHIEF JUSTICE held that the nature of proof of
the paper containing the libel was prescribed by the Ilth, tee. 7
and 8. Oeo. 111, but that did not apply to any paper produced for
any other purpose. This paper could not therefore be received as
evidence.

The alleged libel was then put in and read.
Mr. Newman recalled—Tne bonJs were sold under this contract
for the loan. Most of them passed through my hands. I was pre-
sent and received some of the money, the produce of the sale of
the bonds ; this bond now produced is one of them; 675,000 i.
were ranted upon the sale. The Whole of the money passed through
my hands. It was left in the house of Hullett and Co., to be re-
mitted to the Government .1f Chili. Bills were drawn by the Go.
vemment, and money remitted by Hullett and Co. to meet them.
There was about 62,0001.. went into the hands of the plaintiff. I
cannot say of my own knowledge that a ship was bought with part
of it, nor that salaries to inferior persona were paid by the plaintiff'
out of it. We effected a policy on a ship for the plaintiff:
Cross-examined by Mr. Sergeant TADOY—There has been an.
Other person acting since September, 1624, as Minister to this
country for the State of Chili. I have no knowledge of the revenue
of Chill.
By Mr. Sergeant VALGRAW-1 know nothing of the appoint-
ment of the Minister, only of his visiting at the house of Hut.
lett and Co.

This was the plaintiff's case.
Mr. Sergeant TADDT took an objection, first to the insufficiency
of the proof in support of the allegations that the plaintiff was ap-
pointed Envoy Extraordinary and Minister Plenipotentiary from
Chili to this country, and that Mr. Hullett was appointed Con-
sul-Generalfor the neighbouring republican State of Buenos Ayres.
There had been some documents put in, and some proof respecting
the seals of those countries ; but the plaintiff should have shown
something on the part of the Government of this country, by which
these appointments had been recognised, otherwise any set of per-
sons may send individuals with pieces of parchment, and a seal at-
tached, to assume these official characters, so that there might be
half a dozen representatives of the sante Government residing here
altogether.
The LORD CHIEF JUSTICE observed, that it was not said
these parties were a Minister Plenipotentiary and a Consul-Gene-
ral, but that they were appointed to be such by these States. Now
they were so appointed whether they acted or not.
Mr. Sergeant TADDT thought the words implied that they were.
The bond. were stated to have been signed by the plaintiff as Mi-
nister Plenipotentiary.
The LORD CHIEF JUSTICE said he bad a special power to do
SO I for it was net the part of a Minister Plenipotentiary to sign
bonds.

Mr. Sergeant TADDY next contended, thatss the bonds were
issued in this country, they became subject to the Stamp Act. It
was an actual security for money, and must be a marketable se-
curity in this country, and in order to circulate as such, the revenue
laws required it to bear a stamp.
Mr. Sergeant VAUGHAN said these things were mistakenly
called bonds. The bond was the mortgage bond executed to
Messrs. Bullett, the contractors, and deposited in the Bank of
England, and which was the only instrument that required •
stamp and that had accordingly a twenty-five pounds stamp upon
it. These documents were nothing more than certificates, en-
titling the holders to claim their dividends.
One of the bonds was then read ; it recited that a loon was to be
raised, to be charged upon the revenue of Chili, and more parti-
cularly the mint revenue and the land tax.
The LORD Clilar JuiTice considered that these bonds were
only to operate in Chili, and that he was inclined to think they did not
require a stamp. If it bound any body in this country, it ought to
bear • stamp ; but it annealed not to bind any body in the United
Kingdom, the plaintiff and Messrs. Buliett being only agents.
His Lordship did not see anything in the point, but he would
save It. _ _

John Myers was then called as a witness to prove the defend.
ant's plea of justification, but he did not answer ; and not appear-
ing, he au called upon his subpana.
In consequence of this failure of evidence, the defendant's
Counsel requested permission to consult with their client, and after
ten minutes' deliberation—

Mr. Sergeant TADDY proceeded to address the Jury. He ob-
served, that the discretion which was initiated upon Counsel
often became a very difficult one, because he was called upon to de-
termine at the moment, and without consideration, the course to be
taken; and though his Lordship had kindly given hint some time
to exercise a discretion, yet nevertheless, appearing as he did for ■
paper that had not, according to the admission of his Learned
Friend in his opening speech, often found in its columns paragraphs
of a libel'h us nature—for bis Learned Brother admitted that the
Aloentryr Chrnniele was not one of those papers that 'fought to
propagate I. hells, or that went out of its way to calumniate private
character;—appearing, therefore, for such a paper, he certainly
felt himself placed in a Id:tition of some difficulty. because they
had entered on the record a plea that set tip a justification to part
of the libel contained in the first count ; and it was owing to the
limititeculiar allegation in that count, that the Gentleman who was con.
ed
on the best mode to meet the charge thought it reces.
nary, for the interest of his client, to state on the record the
beta in that plea. In order, however, to prove the allegations it
Mmtained, he must have called witnesses, at the same time
that he was perfectly aware of the difficulty of the proof re-
quired ; because the facts pleaded concerned the revenue of
• State which was remote front this country. had been in exist.
Veer but a few years, and during those few years was in actual re-
bellion against the mother country to which it had appertained as
I province ; and was consequently possessed but of a small reve-
is has, and the state of that revenue known only to few petuia, and
those persons such as were intimately connected with the plaintiff.
' The difficulty to be encountered in getting at a knowledge of such
facts was obvious. It was only from persons like Mr. Hullett that
this Information could be obtained, and it visa mu likely to be ob-
tained from such a source, when it appeared that person had acted
in connexion and in conjunction with the plaintiff. The plaintiff
stated this on the face of his declaration,nn the bonds he had signed,
and upon every document which had been put in evidence;
and he stated that that connexion was tile principal foundation
upon which he acted in executing these bonds, and contracting for
this loan. Hie Lordship had said that the plaintiff assumed the
character of Minister Plenipotentiary and Envoy Extraordinary.
but it was not part of such a person's duty to issue bonds, or make
loans with private individuals. Every thing was upon a large
scale in America. It had been observed by naturalists, that the
lakes of America were longer thin those of Europe, that the rivers
were larger than the largest of our rivers ; and when compared
with the Oronoko and the Amazon, Father Thames shrunk into
nothing. ho it war with American Envoys Extraordinary and
Ministers Plenipotentiary ; for they were not Envoys Extraordi-
nary to any particular Court, but to and at all the Courts of Eu.
rope...all or them, and among others to .the Court or the United
Kingdom ! Whir, what a poor figure England cut in this medley
of potentates. This gentleman came from the lofty summit of the
Andes, and like
the giant of the western ow,
With meteor-standard to the winds unfurl'd,
Look'd from his throne of clouds o'er half the world.
He was not content to be the Minister to this little sphere ; but
embraced the whole universe; and yet how he descried it remained
- but, unhappily, he dropped upon this little inland, and
be came here how did he set t his mission ? A Minister
----Mary would, on his arrival in this country, commonly
.first instance to the bfloiater for Foreign Affair". Bat
flew *at this 'oedemas iud ever bey constnunicattun

PRESS.

with this Government, or made any communication in the capacity
of Minister with his own ; or bad in any other respect acted ea
Envoy Extraordinary sil Minister Plenipotentiary. The only
thing fts had done through the years 1819, 1820, 1821, -and 1822,
was the contracting for this lOW. In 1822, that unfortunate year
when bubbles of this description were afloat, and when persons
were too eager to catch at anything that held out a prospect of the
most distant gain, then it was that he, by the statement contained
in his prospectus, endeavoured to Inveigle the " English subjects
of our Lord the King," such were the words of his appointment,
as the 4,aarned Counsel supposed it was thought of no use to at-
, tempt the Scotch; but confining himself to the English, who were
easily to be caught, ha first applied to Messrs. Hallett, to whom .
ha mortgaged the profits of the Andes, anti then set out to the
Stock Exchange, where he launched forth these bonds, with the
beautiful and splendid picture of the Andes smoking at the top,
over which was rising the bright star of liberty, and exhibiting
these documents, signed by Don Bernardo O'lligotna and lion
Joachim M. Veccbi, raised a sum of no lets than 675,0001. upon
them. Such was the sum he had raised, and had tbund persons
weak and short.sighted enough to be capable of making these in.
vestments. The usual course was always to appropriate a portion
of the money in the first place to the payment of dividends, and
therefore the dividends on seven bonds were paid : if that had
not been so the others would not have sold in the market.
The LOUD CHIEF JUST Ica said there was no evidence of pay-
ment of any one. One of the bonds had been put in by way of a
sample.
3lr. Sergeant TAM:lT—These bonds were issued by the plaintiff
in conjunction with 31r. Hallett, upon whom he had no wish to
throw the least Imputation, because he bad been led into that
course of action by the plaintiff •-•og,self. The Learned Counsel
now came to the main point or stirs the libel ; namely, that this
publication had a tendency to injuots;V degrade the plaintiff, not
in his private character, but as Envoy Extraordinary and Minister
Plenipotentiary. If they had rested on the allegation that it affected
his personal character, without any reference to his public one, the
°diner w. uld hays been different, and the charge different; but his
Learned Friend had laboured hard and long to prove that this
had a tendency to injure him in his official character, and to de.
grade him in the opinion of those by whom he was employed. But
did it appear that lion Bernardo O'Higgins or any other of those
gentlemen had a less opinion of the plaintiff than before ? Not at
all ; forµ had been proved that he had been dismissed before the
libel was published, he having been succeeded by another person
in September, 1824, and the libel was not written till July, 1825.
' Ths Learned Sergeant then proceeded to consider what was the
effect of this publication ; and denied that it bore the construction
put upon it by his Learned l'iiend. The writer of the alleged libel
did not mean to charge the plaintiff with having defrauded the
English of their money, and then running away with it, to live
splendidly at Prria. The true construction of the language of this
letter was not that the plaintiff had kept these bonds for the benefit
of himself ; he was a great deal too wise for that; they were sold in
the market at a premium by the original holders, and afterwards
fell to nothing; and the plaintiff got some hundreds of thousands
in his pocket. This was the fair construction, and had not the
plaintiff proved himself the " Plenipo" to the Stock Exchange? He
never appeared in any capacity whatever until he'appeared on the
Stock Exchange. The object of the writer of the alleged libel II"
to charge the plaintiff with being the individual who had put this
unfortunate speculation in motion, and that he bad been the fabri.
cattle of the whole scheme by which so many persons were made
'offerers while it enriched himself. The object of the writer was to
guard his countrymen against those extravagant schemes, which In
their operation had worked, as was now seen in the instance of the
banks that were tumbling every day about their heads, the most
mischievous and disastrous consequences, by inducing to withdraw
that capital from the bankers which they had a fair right to calcu-
late upon retaining; for if there. had not been that unhallowed
spirit of gain prevailing in the public at large, and operating with
all persons, and prompting them to send abroad that which would
have supported these banking-houses, the great losses at this mo-
ment sustaining by thousands would not have happened. If this
paper could have had sufficient weight and influence to have pre-
vailed upon his countrymen to withdraw from these schemes, it
would have been doing a high service to the country and discharg.
ing a beneficial office. It might have reclaimed the people with
a warning voice, if at any earlier period these schemes had
been detected, and shown to have been founded upon falla-
cious grounds ; and all this was the object of the writer. It
would therefore
.be for his Lordship to say whether any pro-
secution could be sustained against a person actuated by such
motives, and having such an object in Tier/. The beamed Ser-
geant then said, as he had not sufficient evidence to support the
justification, he was reduced to leave the case where it now stood ;
and the Jury were to judge for themselves whether, front the nature
of the subject, when a state was just emerging from rebellion, and
even now surrounded with perils, from the uncertainty in which
the subject was necessarily Involved, it was not doing a service
to the public to warn them of the danger they would incur by tak.
ing any of these securities, or rather when these securities were
bought to win n them of the consequences of a kind of epidemic
which about a century ago prevailed under the form of the Missis-
sippi scheme, being of a like description with those that were pre-
valent at the present day. It was almost a duty of the public press
to endeavour to impress upon the minds of the people the serious
consequences likely to be incurred by venturing upon these epecu.
lations. It was the manifest object of this paper to warn the people
how little reliance was to be placed in the Chilian securities.
This was a matter of fair and free discussion, and which
every newspaper had a right to investigate. Had this paper
done anything more? It would be for them, considering this
ease in a temperate and moderate manner, to say whether
any, and what damages ought to be given to the plaintiff; who
had not proved any damages, and who did not appear to have suf-
fered ally.
The Loan CHIEF JUSTICE observed, that before he called
the attention of the Jury particularly to the facts of the
ease, he would take notice of some observations impressed upon
them with great ability by the Learned Counsel for the defend-
ant. lie had said it was as illegal transaction. His Lord-
ship bad no hesitation in at once assenting to that. A fo-
reigner had no right to come into this country to borrow money for
his own State without the sanction from the Government of this
country : for if that could be the case, this country might be in-
volved in war by the arts of individuals. Whether this plaintiff
was employed or not by his Government to raise a loan, he
ought not to have done it, for such a transaction might have
made us parties in the war with Spain. It was said that it was a
public journalist's duty to warn people from these speculations.
His Lordship would say nothing of their duty ; but this he would
say, that they would have rendered a great service to this country,
and might have prevented the present calamity now drawn upon :t,
if they could have suppressed these speculations. If this power
had been honestly used by the defendant, lie should have told the
Jury that no action could be maintained against the proprietor.
That was his opinion of the law of libel. If it were honestly in-
tended to warn tl'e people against danger, it was not the subject of
• libel : but unfortunately the defendant had gone mitch beyond
that—he went on to impute a moral fraud to the plaintiff. Because
the plaintiff happened himself to have acted inconsistent with the
laws of this country, it did not authorise another to cast such an
imputation on his character ; and if he did so, it was, in his Lord.
ship's opinion, a subject of an action. His Lordship then proceeded
to comment upon the evidence, and upon the public character of
the plaintiff' and remarked that no man wished better to these in.
fant States than himself, for he was assured that the welfare of
England was intimately connected with the welfare of these States.
The plaintiff appeared to have had regular credentials to this
country. fits Lordship then repeated his observations as to what
constituted an independent State, and that it appeared to him, as
Chili possessed regular legislative, judicial, and executive sutho-
rity, and also bad troops sufficient to protect itself against its neigh-
bours, it must be considered as an independent State, although not
acknowledged as such by this country. The aggravation had failed
to be proved; therefore the Jury must put that out of consideration.
It appeared to hint that 31r. Milieu had much greater reason to
complain than the plaintiff; but they had nothing to do with that.
His Lordship observed that the only construction he could put
upon the letter was, that it imputed a gross breach of morality to
the plaintiff, and that he had no hesitation in saying that it was a
libel. No human being, whatever they undertook todo for the public,
had a right to make such an imputation. No evidence had been
offered to prove it. It was stated that great difficulty existed to
make out such a justification as this. It might be so, but he would
make this observation, which he would never cease to repeat, that
if a newspaper thought proper to publish anything that affected
the character of any human bring whatever, they undertake to the
public that they were reedy to prove that which they published,
and if they were not able to do so a jury would teach them the
dtotothethCehii,laiapnpint
consequences of venturing rashly and without foundation to im-
peach the character of say man. It appeared that the whole of
vt he:
nizetn: money
which Ms hhiads Eaortldbsuhttilit2hrped would tend
of that country. It did not appear what had been done by the
62.000 k, but that was not an answer to the action,
it was only a
circuutsuoice to be taken notice of by the Jury. If they thought
he had put a due construction upon the publication, the libel was
certainly made out. The question of damages was for their ex-
clusive consideration.

The Jury retired for half an hour, and then returned a verdict
for the plaintill.—Damages }OUR HUNDRED POUNDS.

INSOLVENT DEBTORS' COURT, Mown*y, Dsc. 19.

IX THE CASE OF EDWARD TeCREERY.
This insolvent is a watchmaker, residing in Dorset-street. Salk-
bury-square. No opposition having been made to the hearing of
his petition, the Court considered hint entitled to his discharge,
subject to remedying an imperfection in the service.
At this period of the proceedings a person stated that an opposi-
tion had been entered ag►inst the insolvent.
Mr. Commissioner BowEN said. I sin not aware whether the
cause paper has the word opposition marked, but the book shall be
brought, and we can ace.
The hook being produced in Court, it wu ascertained that the
opposition was entered, but erroneously, being for the 21st instead
of the 19th December.
Mr. Commissioner !lowest avid, that by a late regulation of the
Court, the notice served on creditors specified that the opposition
" must be entered in the proper book, and the proper page and
column therein ;" but as there was no compliance with this rule
in the present instance, the page and column being wrong, the
creditor could not be heard.
The creditor stated, that his object was not to oppose the in-
solvent's discharge, but to put a few questions to him respecting
some property which he had lately acquired.
Mr. Commissioner Dowiw replied, that as no opposition was
entered la the manner prescribed, the Court could not grant the
application. Every thing was done to render the Act of Parliq-,
Cent and the governing ruin of the Court perfectly

- ,
1
4
•
• •
._--.......
Ile meld all ostlerstotilleirw a. Vibe about 160 miles aer
Illiti * 11.1.61 lis
a the Moil:I:orlon of minister. tb
veerninnnenbatbirtrueLesre,
fur '
311111411114iLTIM
Memassesstry. ' &eminent now shown By the CouitT-•
SO lit Stet NM Of Chß. the country. Mont,
' TADIST.-MW ion Imes to say that Chili had a seal Brazilian troops.
alp time? By Mr. Sergeant
migsa-Ifss; I omit Move is 111118, and it then bad a seal, vince that formerly be
•. and the itopereden which this appointment bears is the impression By the Cool-r-
-ot ik.4 er•i. among the people, !
eal.Mr. Tinou.-That eind was employed in dilfbrent public entirely to the Goy
Spain.
illhe Loss Catty Jostles observed, that this evidence wit Don Vingente Pat
got
disAuoime 'it was proved Mat Chili wail an independent belong to Buenos A
Ink rat Tiomi-We imow pursed, well, ha • matter of Pirtrlesesinosr? hove bee
T Into ago
Crazy . tit
b;,.. not a state at that bate ; nor has it even been other public offices, a
Id the Government of this country. retinas documents.
ll Caine Jollities did not know whether recognition Cross-examined by
lOW rimmary to constitute it sn independent state. There were the same as you helot
ushinistet MU
wn : strum
recognisedestnygt hi the
Me nwtryoild, whose sovereigns
sAnydresretfuorrnt:dietloasAun:nr
whitrleitiguarst TADDT-Upue theism, footing. for instance, as then left and haves rte
the stremofotke.
sad
arrdtsgth Isles.
sitm
.cal
Chili was at that
persons,rin whoa Me. Sergeant
',Mincemerely affixed to it b
e• tabliebed thermaree Into what they called a State, the o acting any stranger.
• etnit Spain.
i 'Flie Lotto CHIEI
'1 asTbir Loss Cams Juerics-Have they described themselves merely to state whose
• .Is&irmeet flaw lathe declaratioe ? was worth anothtng '
Ilv. fttgesat Vaossait-Ider my Lord. Mr. TINDAL oboe
14.• 7111Dlt. sold Me descriPtion Was Just the same on which chino.
- ostlers were recovered is dome ef war with France. Mr. Sergeant VAU4
Lothaw 41D0CsatatlEsTI:tentIninCdt onbsee4l rtrredtmf4thtahte:.FoorTicierett el wbssaykisialtmwwseyiass, Prussia.
Mr.elahLeglertc
HTADii
•
ntlf had better proceed to heart. Though, Ist
de abet
aggierdgealdbinealewiemilwa:::esltztrehis eNd sass ttiinttaadan•gopnrroi:chir
and ndopted by i
dr":ititrtre.rl:ltuatlireittal
wbegetriee
g:k
• !sere. I,Tv.iimimist lo siettimmy De: Berlt‘eadt.lnodOs'iflgni2itilisi that
1;1.1 ril lutueeltintettwt Suhrath andesshi. Ibis
SWIMS Sedges mho? ifilimmestia. The power of the Republic I have never heard th
ethearded over Chill, Ai* liewpWies those province., of which two of the revenues of I
sod • half were at that Moms melee the director of that govern- plaintiff' had been in
Mat, which was mptehlieset They had Courts of Justice, and ctroimetances of died
tb• haws of the vow administered noder the authority of the his business, and hay,
delionse Oovessimst. Tier State exersiud the power of making Imo,. titm a, but the!
laws otitolmemosilsitied so by the people of that country. there was any urgent
Calll64llrule by
iltrlit.hrir 7ininteT. '1'111:-warWawrasgMtsortww" en *ingdine rims,
to prove I
MIA those who had declared themselves independent. Ahoooloochootjere o
1 • 5
die, pets
fitzs
thrive belonged to Szeamo.. Ithowse inpethoef yearo apdanittper ,e3tfi
the
hl7tiihionwc
Stain were still in the half of the other province. There were none dente of aggoavation
of the Liog's troops in the other two and a half provinces, but who said the number
they were occupied by the troops of Chili. None of the people usual, by the person i
publicly sdheeed to Ohl Spain. It is my impression that they ell offic?.
mothered to the cause of independence. or the greater part of them, The COURT consit
but I do not know what were their secret feelings. A person from the
By the Coo liT -As far as my knowledge goes, the whole of the produce the paper the
loan was mad by the State of Chili, and ratified by that Govern. the Cornn.issioners of
1 mono and, after much disci.
TA* LORD Cater JUSTICE said, that although this objection The Loan ('HIE,
premised itself is a technical shape, yet the difficulty was one that t the paper containing
untidier be disposed of at Nisi Primo. It occurred to him at pre- and 8. Geo. 111, but
sant that the distinction was this-if a foreign state was recognised any other purpose. '
by this country it was sot necessary to prove that it was a regular evidence.
consider It such, The alleged libel 1
gat there there werebe
niey otlliteerltata jesudwgneiC7.l'7.ltowere independent, Mr. Newman recal
bind which this country had never mode any recognition. He for the loan. Most o
wok the role to he this-that if a mode got together s sufficient sent and received sr
faro to protect themselves. made laws, and bad Courts of Justice, the bonds ; this hot
.i i the was • State. Therefore, though this State did once belong were toned upon the
se Spain, yet that would be a str..nge reason that it should always my hands. It was
do so. till spain should think proper to do what Great Britain did matted to the Gotten
te wards its once American provinces-declare their independence. vemment, and mon
a e would give the defendant leave to move the Court upon this There was about 62,
cordon. bemuse it certainly was a very important out. cannot say of my owe
Mr. Sergeant VAUGHAN said that Consuls had been appointed of it, nor that saltine:
1 these from this country. out of it. We effects
The Lois CHIEF JUSTICE-That has been decided not to be Cross-examined to
a recognition. The appointment of a Minister was a different zither person acting
careunainnae. country for the State
I 11 The witness. Was re-examined-The Government of Chili has of Chill.
boo manned In the same form up to this time, and has improved By Mr. Sergeant
I fa lt. men of the Mioist
D Ms ilorgeteat TA.DDY-Don O'Higgins was deposed after- lett and Co.
i o ahineawho for a time had the command in Chili This was the plain
„b.
coin. A his Enifiesnadwaviheatotir
Spanish
proof in
sfuopop
/1 • -.4. theelstist fare
...4...v. 1 but
Generalcln of btlire.
in the half province, hanged in a pointed Envoy Exti
--',..0." Chili for acting ander the King of Spain ; he had banged Chili to this count
Ali ieselhot of patriots in his time. sul-General toe the n
1 1 TADDY here mentioned aweof an actioo upon a There had Been some
where it was endeavoured to show that the the seals of those cc
•,.
MOS;of Biwa • was part of a State not beton iii something on the par
y 3 g 11
t i . 111 •as the Froth Government was in possession these appointments
of and acted in all respects without regard to the Spanish autho- sons may send indiv
Miss, anti the people considered themselves not the subjects of tached, to assume if
Spain, and yet it was held that they were in fact the subjects oft half a dozen represu
Spain. t altogether.
The Loan CHIEF JUSTICE repeated his opinion as to what The Loan ('DIE
1 oonstituted an independent State, and said he should reserve the these parties were a
pant, am be thought it should be discussed. ' ral, but that they wet
Me. John Bob., a notary-public, produced certain powers from they were so appoint
1 &slt of Chili. Mr. Sergeant Tar
JAI. Sergeant TADDT-I got them from the Bank of Eng. The bonds were Btu
they were deposited there by myself. nister Plenipotentiar
k .
Kindel Rio was recalled, to authenticate the signatures. The LORD CIII Ei
- documents were then put in and read. They were powers so ; tor it was net
, .
•to Meoplaintiff to raise loans on behalf of the Supreme Govern- bonds.
I i
I
it
...
..!I .. isms, and prescribing the mode in which the money was to be Mr. Sergeant TA
county
motealtted to the Government. issued in this untr
ea Sergnt TADDY objected that these documents were not was an actual seem
i.gagped,to be those of a regular Government, or that the Govern. eurity in this country
this country had sapctioncd them. laws required it to bt
'
Lomb CHID, Jusrtct said, ca id, if he werelled upon to Mr. Sergeant VA
.1111440,:.
. ems the legality of the loan, he should feel no hesitation in called bonds. The
; that It was illegal. Foreigners hail no right to come to Messrs. Ilullett, th
i, to negotiate loans with the subjects of his Majesty England, and whit
... the senctioe ot tha British Government. He had decided 'stamp and that had
• „, •
Is a ;MON way on a former occasion, and that decision had it. These documet
' a. hall momiened by the Judges of the Court of King's Bench. titling the holders to
I alle he alluded to arose out of the Greek Loan. One of the bonds
:,..- despatch from the Chilton Government to the plaintiff, dated raised, to be charge
e Jane, 1820, was then read. It acknowledged the receipt of cularly the mint eevt
from the plaintiff, by which be informed his Govern. The LORD CHIC
, that he had not been able to negotiate a loan, and saying that only to operate in Chi
-qr.
Illelamit any effort or exertion in procuring it. require a stamp. If
e. Unities Octavius Newman, clerk to Messrs. Mullett, and beer • stamp ; but i
mss, imarnined-1 ant the attesting witness to this deed, which is Kingdom, the plair
e the contract for the loan enteral into between the plaintiff and His Lordship did r
Mmes. Mullett, brothers and Co. 1 also attested the execution of save it.
4
oho inesinage made to them by the plaintiff of the revenues of the John Myers was tl
sumo( Chili. ant's plea of justitica '. Sir. Andrew Bellew proved the plaintiff's signature to certain ing, he will, called u!
Ghilian Bonds, which were signed while the plaintiff was at Paris, In consequence c
' and which had been paid and cancelled. Counsel requested pi
Mr. Sergeant Tauuy-I do not know out of what funds these ten minutes' deliben
were paid. Mr. Sergeant TA/
1 1
..., r. pa Ito was recalled, and proved the authenticity of an served, that the di
deematch, dated November 1623, from the Government of often became a very i
ii Ode plaint eutalaing She ratification of the loan, and the terming at the morn
mad Mt &pe nefiweesoseyindemnify,ingMesses.Hullettand taken; and though
l' .. Os for dio asneunt they might pay on the bills that were drawn to exercise a discretii
. open then by that Government In consequence of the contract. paper that had not
4 Mr. Newman recaffed-Tharlinoture to this appointment of Mr. Friend in his opening
Monett as Causal-General foe Buenos Assn is that of Don of a libelltus tutor,
Rebeideira. I know his hand•wiiting by having paid checks Aloetreiyr Chem&
drawn be hon. I know Messrs. Hullett, but I do not know propagate Lbels, or i
Veda Mr. flullett ever acted as Consul-General for Buenos character :-SPOlmain
rr. felt himself placed i
k Mr. Charles Widdle examined-I am a partner in the house of had entered on the r
Hallett and Co. I believe John Mullett has never done any act of the libel containet
f.
• • , as Consul to Buenos Ayrss. He has had no communications with peculiar allegation in
1
tart Government in my presence as Consul of that State. stilted on the best
1
ii Be
Mr. Sergeant TADDE-The prospectus you now hand to me sary, for the inter,
is that which was lo occasion
wed upon the of the loan. I have facts in that plea.
board the plahitill state to persona what cur the amount of the contained, he must
revenue of Chili, hot I never heard Mtn state that it was equal to that he was perfect
isermen times the amount of the interest of !befoul. quired ; because tl
Mr. John Mullett, examined-1 have acted upon my appoint- a State which was ri
rot in obtaining an interview with the Secretardy of State for time but a new years,
vf
mi ;we
sAprein ratiebtlpist. I
Tnheellnia
stnsadforawnayroflieialocuments. 1 hellion against the i
of Foreign Affaire to me, as I was informed.dsd through the Office a province ; and was
nue, and the state of
The Loma Cater JUSTICZ-The document must be ()roved. those persons such as
Witness-The seal to this &Tem Latent is that of the State of The difficulty to be e
Baena Ayers. It is signed by Don Rebeideira. facts was obvious. I
The Loam Como Justice--In the first place, show that this Information cool
there is sash • Sudo as Buenos Ayres-it nver has been non- tallied (thin such asc
Weed yet.
Mr. Sergeant VAUGHAN-There is a treaty of amity and cote.
sta
between this country and that State. on every do
Loam CHIEF JII iT ICE—But that is no recognition. inted this on the face
rnnnexion and in
and u
and he stated that ti
•• r Did Rio recalloil.-1 CANNA state positively that this is the upon which he acted
ad the State of Burton Ayres. I was there about three years this loan. Hie Lott
. sod remained a month. 'Fliers was a Oovernnient, consisting character of Minister
,„ olilloprere Governor and a Mouse of Representative of the but it was not part of
•1
,wrodisors• loans with prisate it
i. ~. ay. do 'Codas-They had troops and Counts of Justice, and scale in America. I
2 at illit own laws. I was there in a pubPc chromes from lakes of America we
'
111 ‘ State of Peru. In eny journey to Europe I was instructed by were larger than th
Ooverarnent of Pero, through which country I passed, to with the Oronoko an,
t some business with the Government of Buenos Ayres.
, .
In lasnrumed by Mrs Sergeant TrADDY=I d
bollworm to l511:11'placi Spain. aPI
tcihict declared ' Peru.
nothing. So it waa
id not come from Alinisters Plenipoten
That State had nary to any particuls
its independence, and was tope...all of them, an,
•he a state of war with Old Spain. When I went from Chili to Kingdom ! Wh_y,..
rms. Cho King of Spain's troops were then in the cities of Peru of potentates. This
..
, aid Lima; but before I left it they were expelled from both those Andes, and like
Ilr 4 .'
•
lio
• . Ohms
The Loss CRISP' JUST4CE said it was not material in this
se *to prove that Peru was an Independent State at that time, but
----- the
With metro
Look'd from,
were, he was of opinion that the trno hating been defeated He was not content ti
Pfa
sot enough to establish the Independence of a State. The embraced the whole u
Alitmust have subsided, a mystery, bat, unha
Witness-The country had become quiet and trantuil be- when be came here ht
MVO 1 left. I was in the Chamber of Representatives at Boons Plenipotentiary vomit
=me m, mom. Doe Martino Redrigues ii•B then Govemor. apply in timeliest (amt
Aro wok 'Sohn; time as earirith Old Spain, I tramilled it did not *ppm that
'5"...-'l%, Ad. 4 ..
.1. '

CBillealiffilheS==eogem=====l2l=l4S-0141111-1!
sit i • Be raid,
vapp9o4:edl aeammtitrgaite
,hbuir a ryie
Tb. the situation of nainlatee
for ' hiereeMemetty. ' &cement now shown
so ette* the mole( Chß.
totem
Tatowe—Be yea maw to say that Chili bad a seal
a+in
time?
ime.—Fes; I vent there in 1118, and it then bad a seal,
and she immenden which dile appointment bears is the impression
a iii. 4 er.i.
milk. TISDAL —Thal and was employed in dißbrent public
like Loma Clime Swarms observed, that that evidence was
est t, velem ..1 was proved that Chili was ao independent
Weftt:
Om rime.
a
nt Tebbe —We know perfectly well, as a matter of
bigot? t it we not a state at that time ; oar has it even been
yak by the Government of this country.
Casey Jenrette did not know whether recognition
11114 nimeemey to constitute it en independent state. Therc were
achenbtedly many state fisting in the world, whose sovereigns
Well ;0 ktiOirri or recognised by thb country.
3111 t. fferimatit TADDT—Vpue the some footing. for instanee, as
she soveteign of the Sabi wich Isles. But Chili was at that time a
pewvinte ti Spin, and this was the seal of certain persons, who
ecablithed thenteelves Imo what they called a Stale, the-t acting
against Spain.
The Lone CIIIIV Jurricw—Have they described themselves
as a .Iw&irceite (!late is the declaration ?
Ilv. ftiegeent Vatiewast--ido my Lord.
lie TINDAL sold die descriPtitio was just the sante on which
- stanches were recovered la dower war with France.
Lowy Caste Joliet* observed, that Far ce was always
.ge • mate of some deacription or the other; by some it
• owe 6 noimactry, but eubverted by faction; others said it was
graruseat. The plaintiff had better proceed to
Low
• titer wee assent.
endmill wag • Beate. It bad a supreme go-
-4= issrabot by Itibreiris 0•11 ins and Don Joachim
At dist Moe this seal nog mod and adopted by the
• Sleet _ libib byebousot le by Den Bernardo O'Higgins
and JOSIIIIS de Yoshi Irbb mamma is sealed and signed in
she one sakes °dm iiillismies. Thu power of the Republic
esseaded fee Chili, width 011111$1.11111 them proylocn. of which two
mad a half were at the demi ceder the dives how of dust govern.
fit, which we. speihNeees Thy bad Courts of Jurice, and
the hews of the *me weer adminietered under the authority of the
✓epaint Cieveseleellet. 1101 State ruralised tbe power of making
lave. 'Milkmen stbakied se by the people of that country.
C 811.1411111111
by
lit
this 7inmeeT. Tirmir —warWawrasgmtsnrtwwaringeen tAnygwdee
aid these who had declared themselves independent.
• peosibeee hive belonged to Spain. It was in the year
they declared themselves independent. The troops of Old
Ipoi
brain were still in the half of the other province. There were none
of the ILlog's troops in the other two and a half provinces, but
they were accepted by the troops of Chili. None of the people
publicly sdhered to Old Spain. It is my impression that they ell
minced to the cause of independence. or the greater part of them,
but I do not know what were their secret feelings.
By the CovIST —As far as m; knowledge oes, the whole of the