The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-24 00:00:00

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I.l*---211111111191111117Peri°c1k41 F7ll-ibrrai".of.the 27th November, an-
townetv the installaticn of that State the 22t1 of the same
Itionf,.., with thirty-eight Peputies. 'the. following *lle
*vitiate sent by the Snpreme 'Director:—
- I' filllrmoats,-'rbe whale Republic hopes, by means of this ex-
traordinary myelin of Representatives. to try, for the first time in
a Wadies! Manner, the virifylog erects of the reptesentatlte sys-
them. It is no n.atur of astmin-hment, in • dawning nation, and
ewe li/tic/ship been foe °enteric*. urger the onangnant influence of
aritbellute and barbarous GOeernment„ if circuMstances and neces-
sities stsooklarissi which render the eitroondinary meeting of the
Rtpet entatives of the people indispensable. It is only inexperience
stud want 6f reflection which can'i nspire the desire ct giving perma-
nent Constitutions to a people yet in their march. and whose ad.
Wince is slow and unequal., be ancient metaphysics made changes
dangerous by the adoption of chimerical projects of legislation, and
ineenstions At salt' to tgtard and paralyse, instead of giving an im-
/ides to the transactim of merchasts and the opetations of the Go-
recreant, which ought to he so rapid when necessary, great, and
linos-num tehems nee undertaken, which never lacked Mope-
Oiment.
' ' Fenistea!—Sreein a ttw 'lines, a picture of the actual state of
'the Republic, andmnse of the great muses or the aids which have
_oppressed it, for whose Terre-diela yen' have utembhal. The tea.
hon. who have happily experienced the benefits of the'Represen.
dative system, assemble under eireuenstainces less manifestly necete-
..sary, th it Cones or Congress, and thus mye tqemsclves by means
of new Isere and ordinances. The Sunieme Author of liberty,
whose merelfal protection is Mutably extended to. us, has fa-
•vouied. &Law) tar as to have imited, in this aygitst Assembly great
'f-ilents and great virtues. consummate experience. circumspection,
knowledge of public affair, ar.-i the great principles oflegslation,
;eine% to the most pure intention*. It is not less necessary to
' letolve arid deliberate with care the important paints which the
'Cangessa orghs4o take Into consideration. If the Government
notlertalte to detailthcm, it would not be the ill"( time that
, talk elleet:r
lepounmt ad est a to
ri°
shadow of
ollegiailiatyti r
ore oßody
gooidn
etflrieirse.callita, sic
"doerflof at present exist any mode of carrying on business, nor Is
/Rea 'Rai istablithed t neither is the ancient pitiful Spanish
.routisistforgoesen. Commerce is without protection, scientific
studies are abandoned, the army is in a state of neglect, and you
can cast your eye on nothing that does not require reform and
'lmendmebt. Happily the Senorbs Representatives well know the
public necessities, and the necessary r:-organization of the measures
adopted by the Govertunent,, which may serve as the basis of a
/plan to be hmeght to the greatest possible perfection in al its
.branches. RAMON FREIRE."
••• Santiago, ae Chill, Nov. 22, 1824."
- . seinTem.••Mi
, RECOGNITION 1.17? THE INDEPENDENCE
OF COrONDIA.
The Qae,eis de Colombia of ltlarcb 6, has a long article
•cn the recognition of that Republic as a sovereign nation
'hy Great Britain. The fact had been announced in an
Extraordinary Gazette, issued two :lays before. The whole
article' is too tong for insertion.: the following are the
principal observations of the official journal on this im-
pertant event:
lrh itherto the Government of ids Britannic Majesty has been so
• circumstanced asset to !sable to recognise ear independence, yet
the present period perhaps may he censiciered more embarrassing
than any other. Almost all Europe hat seen with anger the
• separation of America from the parent States. Great nations and
powerful Monarchs have endeavoured to depress the human rice,
a•id at several meetings have considered of what was tilting to
preserve the right:sad» Throne.
The troops of the coofedermen have done their hest in Naples,
Piedmont, and Spain ; their bayonets have annihilated the Consti-
tutions which the people had proclaimed, and absolute power has
been reestablished in the plenitude of its functions.
In the meartime Great Britain observed what was passing, and
remained neuter, a guano:No.of the liberty which the Holy Allies
. w:re waking against. .
" South Americans ! Sons of Colombia ! the tempest formed in
Euro se against the liberties of the people will soon discarge its
lightnings among you ; prepare to rows: them alone." Such
sere the word, which resounded in our ears when the news of the
lets of Cadiz, and the occuratoon of gatalonia by At oncey, resolved
.1114. We prepared already to make 41'esistance becoming men re-
solved to die it the -contest, and to teach our ancient appraisers
how the cause of liberty could be defended : we made our preps.
nations with the confidence that sooner or Lter success would crown
our tidbits ; but we ceased not to have confidence in the sympathy
of epinio• of the English peopiN and in the justice of
.14 Government, neither in the. fraternity and identity of
principles of the United States, and in the
.justice and mag-
Aranimity- of Its President, Monroe. The Journals of legi.
..timacy announced to us, that to the English Government
the war in America and our future fortunes were indifferent ; that
' the neutrality observed in the affairs of Naples and the Peninsula
. was to beck's:eyed also with respect to ourvelves,and that the decree
of King Ferdinand, granting free intercourse with the American
ports, was the key which was for once to lock the door against our
hopes. But how different have been the smiiments of the British
Government ! The prosperity. of the nation was identified with the
independence of the new American States, and this principle of her
policy caused her to side with them. The Ministers of the tiovern-
ment upheld the principle that no Power should interfere with im-
punity in the war of the ancient Spanish colonies. The illustrious
Minister. Canning, wounded with this resolution the ears of the
French Ambassador, and the Allied Powers found their designs
• frustrated hy the only maritime Power of Europe. In the Amara.
can capital the voice of the President Monroe was raised
any interference by the European Powers, and the whole
of the United States backed the declaration of their
Magistrate. Fran that time forward the English polity ie
let full brilliancy, and nobody can doubt that it hastened the acknow-
ledgment of our Melee - - Eternalspeaise to the wise.and libe-
ral members of the 7 - l ' ... .
the honourable C•
of the En - -

LAW INTFLLIGENCE.

COURT OF KING'S BENCH, GUILDHALL, JUNE 23.
Sittings err Trinity Terns before the Lord Chief Justice
ABBOTT.

WELLS v. JONES. ESQ.
This was an action against the Marshal of the King's Bench
prison, for suffering a prisoner, named John Gardiner, to escape
trom hi. custody.
Mr. Stan LETT, for the plaintiff, stated that his client was a
hosier, at Charing-crow, turd Mr. Gardiner was a man moving in
the fashionable circle, but one who had no great relish to pay his
just debts. lie kept a large establishment at Preston, in Sussex,
where he paid 201. a week for rent ; but beiog indebted to the
plaintiff in the sum of 301. and a fraction, rather titan pay that de.
mend he sufferred himself to be amend. lie then moved himself
by Habeas Corpus to the King's Bench prison ; there helsoon ob-
-1 trifled the rake of that orison, which he had no sooner done than
I be mainly disregarded those toles, and at the very period of time
when *was supposed to be in custody at the plaintiff"s atilt, he
wits *twang away at Brighton, Worthing, and other fashionable
places. Ihe Learned Counsel oloserved, that the law of imprison-
ment for debt had undoubtedly hem considered by many persons
as.exteediogly toren. Long experience had, however, proved its
usefulness, and thar it was a salivary law, conducive to the ends of
justice. fur without't each men as Mr. Gardiner could never be
I broug,it tp act honestly towards those who had claims on them ;
still, however, this class of persons found means to evade the law,
through that indulgence and relaxation of prison discipline which ,
the law sanctioned. ' The *ascot defendant was not in custody, or
what was termed charged in execution, but merely on common
process; the Jury could not therefore be unconditionally called on
to give the whole eminent of the plaintiff's claim, but to award to
him such a sum as they thought he had loss in consequence of the
escape of Gardiner from custody ; but under all the circumstances,
he thought this was a rase in which the Jury would be justified in
giving-the whole amount of the plaintiff-eel:elm; the Marshal had,
of courae, taken security from Gardiner, and therefore would not be
damnified by any verdict the Jury should give.
Evidence was given of 2.1/. being due from Gardiner to the plain.
tiff', of his arrest by the ShetilTof 3lidelle‘ex• of his remora' to the
custody of the Marshal, and of his being subsequently seen at large
at Brighton.
Mr. CAstrnEtt. for the Marshal, closely watched the testimony,
and teok several objections to the record, all of which were over-
ruled by the Chief Justice. Upon the reading of the commitment
under the Habeas Corpus,
Air. CAMPBELL said that he had now to call the attention of his
Lordship to what he (Mr. Campbell) considered to be a fatal va-
riance on the recant. It appeared that Gardiner had been COOl.
mined to the King's Bench prison by the Lord Chief Justice him.
self, yet this record set out that he had been committed " by one
of the Justices assigned to told plats in the Court of our Lord the
King, before the King himself," when all petsons knew that the
proper description of the present Lord Chief Justice of England was
the Right Honourable sir Charles Abbott, Knt., Lord Chief
Justice of the Court of the Lord the King, assigned to bold
before the King himself." This variance, the Learned
*el contended, was pregnant with mischief, because it placed
Chief Justice of England on a footing with the Puisne Judges.
The Loon Otter ittaxion—There is no mention of Puisne
Judie in this record, Mr. Campbell.
ttos
Mr. CAJIPBELI. was sorry that a more fortunate word had not
been found to deacrihe the companions of the Lord Chief Justice;
but all persons Itnew that the word pohne, as applied to the
Judges, was merely meant to describe them as the young Judges.
(A loud laugh.)
Mr. &ABLEST would not trotthle his Lordship on the ob-
jection.
The LORD Clime JUSTICE—If I am bound to take notice
Vint I am Chief Justice of this Court, am I not also bound to take
notice that lam one of the Justices of the Court ? 1 think if Ido
the one I must do the other.
Mr. CAMPBELL then addressed the Jury, and contended that
Mr. Gardiner was a poor SWORE Esquire, worth nothing, and if
he had remained in custody the plaintiff would have got no.
thirg--he had now been brought back to custody, and if the
plaintiff thought him worth the expense, he might now follow
can his suit.
The Loan CHIEF Jrrricie charged the Jury, who found for
the plaintiff—Damages, 2dl.
DTBDIN V. MORRIS.
This was an action brought by Mr. Dibilin, the author of sari.
one dramatic pieces. against Mr. Morris, the proprietor of the
Haymarket Toea:re, to recover a compensation for services as a
Stage-manager, and also for the composition of several dramatic
pieces, at the order, and for the use of the defendnat.
Mr. Cow= x SERGEANT looted to the Jury, that perhaps
there were few names better known to the public than that of Mr.
Madill. Ills father was the author of numerous songs, which he
bad himself sung with great effect, and with many of which he
("the Common Sergeant) had no doubt the Jury were well ac.
quainted, and his son, although not himself a performer, had been
industriously engaged in writing several dramatic pieces, which had
been acted with great applause. The defendant was the well-
known proprietor of the Haymarket Theatre, and lie had engaged
the plaintiff' as his stage-manager, and also as an author. In the
year 1:123, in consequence of the visit of some Lapl • :den and
rein-deer to this metropolis, the plaintiff was engaged to write a
piece to be called the Laplanders, and he wrote the piece, and re.
regularly attended the rehearsals of it. The death of the rein.
deer, who were to have performed the principal characters in the
piece—(a laugh)—prevented its being performed. and the defend.
ant then thought proper to engage another author, who producer' a
piece calls' Spanish Bonds, which he believed fell one hundred per
cent. on the Ent night of its performance, and other pieces, with
which the ptihhc were but little acquainted, because they did not
outlive the night of their birth; and the defendant now thought
that he ought not to be called upon to pay the plaintiff what he was
justly entitled to for his services. He would put these facts in
evidence, and it would be for the Jury to say what auto they would
services.

THE BRITISH PRESS.

would consider whether the 301. paid into Court was not an shun-

dant remuneration.
The Jury retired, and after an absence of half an hour, returned
a verdict for the plaintiff, 201. in addition to the 301. already' paid
by the defendant into Court.
BARNARD V. STOCEDALE.
This wan an action brought by the plaintiff; who is a printer, to
recover from the defendant, who is the publisher of the fifentairs of
llortktte Wilson, the amount of his charges fur printing a large,
quantity of the first and second volumes el that notorious work.
COMMON SESJEANT stated to the Jury, that in conse.l
quence of the very great demand which prevailed for these 91e-
inoirs, the defendant employed the plaintiff to print a large number
of them with the utmost haste. Owing however to the peculiar
avidity with which the work was read, a system was at his: pur.
stied vtJrfch lie believed was never heard of uefore with reference to
a book of this kind, for the defendant thought proper to stereotype •
these .111ensoirs of Ilarticlie Wilson. lie was told that, in conse-
' fgatence of the process used in stereotyping, there was difficulty
, because it was done by means of plastering, and that in.
red the type. When this was found to be the case, the defendant
not like the stereotype, and would not have any more of it. The
plaintiff consequently applied to be paid for the quantity of sheets
minted off,' which the defendant on the 12th of nirch promised to
ilen but vs the 111th of the same month he completely changed his
Node of settlement, and instead of paying the plaintiff 's demand.
wrote to hint, desiring he would immediately deliver up the re-
maining sheets which were in his possession, or he would arrest
hint. In consequence of this, the-plaintiff thought proper to Coins
manes this action ; and certainly, if the defendant chose to specu-
late upon stereotyping these Memoirs, the least he could do was to
pay for the esperitneut.
Witnesses were then called to prove the composing, stereotyping
and printing several thousand copies of parts of the first and
second volumes, when
It was suggested by the COURT that it appeared to be a question
of account, which was fitter to be inquired into out of Court.
The Counsel on both sides acquiesced in the propriety of the
suggestion, and it was agreed to refer all 'natters in difference be-
' tween the parties to a gentleman at the bar.
A verdict was accordingly taken for the whole amount of the
plaintiff's demand, subject to such reference.
PREROGATIVE COURT, THURSDAY, JUNE 23.
ELLIS V. ELLIS AND OTHERS.
This is an amicahle suit, instituted by the executors appointed
to a paper made by William Ellis, Esq. formerly of Park-street,
Grosvenor-square, and latterly bf Paddington. The property of
the testator at his death consisted of funded property to the
amount of 80,000/. The question for the Court was, whether this
riper was a valid instrument or not. In the latter case the des
tied must be pronounced to have died intestate. This, however,
will make uo difference, as by the paper propounded he has left the
'whole of it among his six children. who being his next of kin will
also be entitled, under the statute of distribution, in the event of the
Court pronouncing him to have died intestate. It appeared
the deceased, in 1809, married a lady with whom he re-
ceived a considerable fortune, and in consideration of the
asrue, covenanted to secure to her, in the event of survivor.
ship, a clear income of I,GOOI. per annum. The following year
he executed the paper now propounded, and which is heeded,
" Instructions for my Will." By it he bequeaths hie wife'
1,500/. a-year, and also his house and furniture in Park-street.
The rest of his property, consisting of, an estate in Demerara and
money in the funds, lie bequeaths to his eldest brother in trust,
the interest to be applied to the education of his children (if he
should hr.se any by this marriage), and the principal to be divided
,equally among them on their attaining the age of twenty-one. In
the event of having no issue by this marriage, or of their dying
in their infancy, the property to devolve upon his brother. The
testator died in July, 1824, but in the interim a material alters.
don took place. His wife died, leaving him a widower with six
.children. His estate and house. had been disposed of. arid the
money invested in the funds. and himself, in the year 1819, had
been pronounced, by a commission dc lunatic° inquisendo, to
be in an insane state, and continued so up to the time of his
death. In opposition to this peon, it was contended that the
purposes to which it referred had many of them lapsed; and
that the nature of his property, and the state of his family, had
so materially altered, that it could not be supposed he meant this
paper to be operative.
Sir J. Nrcittoxr. thought, under all the circumstances of the
case, he oughtro admit the paper to proof.
It was admitted accordingly.
WOODWARD r. WOODWARD.
This was a suit in which two papers were propounded as being,
either one or other of them, the will of Mrs. Sophia Woodward,
late of Clifton.
Sir Jour: Nrenott.s pronounced judgment. The testatrix died
at the advanced age of seventy.seven, leaving property in the funds
to the amount of 6,001'1., and which she had disposed of by two
papers, marked A and B. By the first of these papers she be.
quearbed various small legacies to different' relations, amounting in
all to about (00/. and lett the residue of her property to lilies
Sophia Dixon, to whom she was much attached. In her last ill..
ness she called for pen and ink, and drew up a paper cancelling the
former one, and in within after bequeathing her house and furni-
ture to one of her nephews, rake re-appointed Miss I)ixon residuary
legatee. This paper she did not sign, owing to her being seized
with an attack of spasms, but it was in proof that she had repeat-
edly alluded to it subsequently, and had always recognised it as
containing her last will. Under these circumstances the Court was
boned to pronounce it a valid instrument, and to decree for it ac-
cordingly.
-
SUMMER ASSIZES.
WESTERN CIRCUIT.
Before :tie. Justice LIT T LEDALE and Mr. Justice GASELEE.
Hares, at Winchester, Monday, July
Wiltshire, at New Sarum, Saturday, July 16.
Dorsetshire, at Dorchester, Thursday, July 21.
Devonshire and City, at Exeter Monday. July 25.
tit

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MASTER BAKERS' ORPHAN SCHOOL.
The Anniversary Festival of this laudable Institution, which
claims for its object the supporting, clothing, and educating, the
orphans of master bakers. took place at the City of London Tavern.
Bishopagate-street„ on Wednesday evening, when a numerous and
highly respectable attendance took place.
At about five o'clock the company sat down to a sumptuous en-
tertainment.
G. Ilyng, Esq. M.P. in the Chair, supported by Samuel Whit-
bread, Esq. DI. P. Copeland, Esq. and several other persons
.
the

.•. • -
of distinction. During . dinner a band was Pt/mooed in
the Gallery, and played several delightful airs and tunes, which
tended to exhilarate the company exceedingly ; ar.d the only cir.
cumstance that seemed to damp the interest of the evening ass the
absence of some eminent individuals connected with the city.
had pledged themselves to attend the meeting.
After the cloth was removed. The King," and other usod
toasts were drank, which were sueseeded by some excellent songs
and glees. &c. by Messrs. Gibbon, % aughan Bryant, and Davies.
In the course of the evening Mr. Copeland rose .to propose the
health of the Chairman ; in doing which, he adverted to the hand.
some manner in which he had taken the Chair at a short notice,
and hoped that he might long continue in health and spirits to
support. by his presence, such laudable institutions.
Mr. Br NO rose to return thanks. He felt honoured by the man.
per in which they had distinguished him, and it was the greatest
pleasure of his life to countenance and support institutions, when
they had for their object the protection of desu ute orphans ; and.
In conclusion, he begged to enroll himself as a Life Governor.
The health of Mr. IWhitbiead was then proposed; and, in re.
turning thanks, he expressed his high opinion of the Charity,
whiz!' he pledged himself to support.
isle. Bs-mr. having proposed the health of Mr. Copeland, the
Chairman of the school, he rose, and after eulogising the Institution,
recommended that it would be highly advantageous to the Charity
were young master bakers, no entering business, to become Life
Governors ; and thus, in the event of misfortune overtaking them,
to make a provision for a young and helpless family. People, he
said, were in the habit of iosuring their lives and property, but
wiat could be mote consoling to the parent on his death-bed than to
feel that he had insured support, protection, and education to his
darling offspring. In conclusion, he intimated that the bakers were
using every exertion fur the success of the Institution, and he had
no deubt of its ultimate success were the miller: to eo.operate with
them.

The children, in the course of the evening, were led into the
room by the stewards, and their healthy and cleanly appearance
excited the utmost admiration. Specimens of their writing, atc-
which were distributed to the company, reflected great credit upon
their tutors.

-----
Several speeches were delivered in the course of the evening in
support of the Charity, and a subscription of MIL was raised by
the company.
The greatest credit was due to the stewards for the strict attention
to the comforts of the party, who continued together in the height
of conviviality until a late hour.

SPORTING INTELLIGENCE.

WINCHESTER RACES.--FrasT DA!.

The FOAL STAKES of 60 p each, h. ft. for SlMold. The new
straight mile. 13 subs.
Mr. Lucy's b. C. Pastime, by Partisan, Ost. Ilb. 1
•
Mr. Shard's b. c. Hugoumont, tist. 71b. . • 2
• 31r. Wtlker's c. by Whalebone, Ost, 41b - 3
A SWEEPSTAK Es of 5 p each, and 25 added by the County Mem-
bers, for 3 and 4 yes old. The straight mile. 7 subs.
Mr. F. raven's br. e. Longwaist, by Whalebone, 4 yes,
Rat. 91b. - - - I
Mr. Latour's ch. C. Gertrude, 3 yrs, 7st. 21b. . - 2
His MAJESTY'S PLATE Of 100 p for 4 yrs old and upwards.
Heats, 4 miles.
31r. Shard's b. c. Razor, by Whisker. 4 yrs, lOst. 71b. • 1 1
Mr. Mills's eh. f. Tiara, 4 yes. lOst. 71b. - - Edr
Sw tEPStAit ES of 5 p and 25 added, for 3 yes old, 7st. • 4 yrs
•t. 41b. ; 5 yrs,Bat. 121 b. ; 6 yrs, 9st. 21b. ; and aged, ist. 511 i.
8
Heats, the last mile and half. The winners to be sold for
120 sovereigns.
Mr. J. Day's Franconi, by Friday, 4 yrs
Mr. Fleming's Angenitein, 5 yes
Mr. H. Smith's Isabella, 4 yrs .
Sir. F. Craven's b. 1. by Blucher, 4 yrs

- iSi
2 3 dr
•
- - 3 ddr

INTELLIGENCE EXTRA.

NEWMARKET FIRST OCTOBER MEETING, 1823.
MONDAY.
MATCH for 200 h. fc. D. M.

Mr. Molnny's Cinder, b yrs, 9st. 21b. against Gen. Grosrenor's
Crockery, 3 yrs. au. 21b.
FIRST SPRING .lEETING, 1827.

TUESDAY.
31r. Shard's bl. e. the Black Buck, by Buffalo, out of En.
chantreas, by Sorcerer, Sat. :db. against 31r. 7'lmm/till's hr. f.
ehristabel. by Woeful, oat of Barrier, by Pericles, list. 21b.
31. D. 100, h. ft.

TATTERSALL'S, Txuastur, JuxE

The subscribers mustered in pretty stmng force, and betting was
very general, at heavy figures. For the July Stakes, Goshawk
keeps first favourite, and Jerboa and Mr.‘Vortley's are advancing.
For the St. Leger, Redgauntlet declines; and the Alderman looks
up a little. A great deal of the business was between the field and
the favourites for the above Stakes ; and on some of the outside
horses for the St. Leger. a new one (Brownlock), who I,as won
twice lately being brought up. The Derby also came a little into
notice. The odds left off as under:—
JULY STAKES.
4to 1 agst Goshawk (taken) 10 to 1 agst Lee's (taken)
5 to 1 agst Jerboa 12 to I agst Gm. Grosvenor's
to 1 apt ilfeWortley's 12 to 1 agst Lord Genrge's
'erufarn -0 three

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