The Sun.
London, England, 1822-11-19 00:00:00

SOUTH AMERICA.

The following is an Extract of a Letter from
an English Merchant, dated Santiago de Chili,
August 2, 1822 :
" The meeting of the Congress took place on the 23d ult., at
which most of the English, as well as myself, attended, having
received an invitation from the Supreme Director so to do: The
procession formed.at the Palace, and from thence proceeded to
the Consulado.: where each member delivered his opinion upon
the nature of the business for which. they had assembled ; after
which they elected Don Francisco Tagle as President of the
Congress.
" From the Consulado, they returned to the Audience Cham-
ber in the Palace, and when the Director had taken his seat,
the Members again addressed him, stating the great and bene-
ficial results likely to arise from so important an occasion as the
present. From the Palace they again proceeded to the Consu-
lado, when. the supreme Director addressed the Members, and
delivered, in an appropriate and excellent speech, the resigna-
tion of the Directorship : upon the conclusion of his speech,
the President immediately rose, and in the name of the Con-
gress presented, in an elegant and complimentary speech, the
office of .Director to him, which was most graciously accepted
by his Excellency.. The day •on which the Congress met, as
well as the following two, were holydays, and at the conclusion
of each day, succeeded in the evening brilliant illuminations
and grand displays of fireworks.
" Yesterday arrived, by way of Panama, the pleasing and
important intelligence of the acknowledgment of the Indepen-
dence, of this Government by that of the United States, which
was received with general demonstrations of joy. '
" During the illuminations there was ri transparency ex-
hibited at the Consulado. In the centre were the.arms of Chili ;
on the right a likeness of the Supreme Director; and on the
left; one of Lord Cochrane, with the following inscriptions:—
under that of the. former, • No one exerts himself more for the
liberty and independence of his country :' under. that of the
latter ' Long live the.Adiniral who left his own country to pro-
tect the liberty and ind.ependence Or Each of theSe was
greatly applauded." .
We have also received the Chili Gat-eite oi the
25th of July, which contains the speeches
~
_men-
tioned in the above letter and the details of, the"
ceremony of the installation of the Convention.'
The Stipreme Director, in his Address to the
Assembly, whieh our limits do not permit us to
insert, stated that it had always been his dish to
see a Representative Governinent established in
Chili, and recommended the institution of an
Order to be called the" Legion of Merit."• He
also strongly urged the encouragement of 'educa-
tion, observing that " knowledge, wealth and
" power, are always inseparably connected in
" nations ;" and that C 4 without these elements,
"•which naturally spring the one from the other,
" Chili could not he a nation, nor enjoy the fruit
"of her sacrifices." In another part of his
speech he informed the Deputies that the foreign
relations of Chili were daily improving, and
.added, " I Can 'congratulate you on a respectable
• " nation, the United States of America, haVing
" anticipated -the others In recognizing our inde-
'44, pendence." '

EXPEDITION AGAINST PORTO RICO.

" ANTIGUA, OCT. 1.

44 In the early part of last month a pilot-boat—
built schooner, under American colours, from Baltimore, owned
or commanded. by one G oold, an Irishman by birth, arrived at
St. Bartholomew's; from Baltimore. This vessel was shorly
after followed by.a brig and two schooners, also under'Ameri-
can.colours, and from Baltimore, and under the immediate
control of the said Goold, Who purchased an heramprodite brig
at St. Bartholoinew's, from a Mr.Chayter,whick vessel was cap-
tured and sent into that Island V one of, the Venezuelan pri-
vateers, but• ceased and sold by order of the Governor of St.
Bartholomew's. This vessel was under Dutch col Ours. On
r board the brig from Baltimore were several coloured and white
.men, among whom was a General Louis Villaume Decoudray,
a Frenchman, and an American named 8.-Irvine. In conse-
quence'of the suspicious appearance. of these vessels, together
with its being well ascertained that they came, to the West
Indies with the intention of • making a descent on some island,
V their haying been joined by several white and, coloured men
'in. St. Bartholomew's, the Governor of that island ordered them
off; and they consequently left there, then sailing under
American colours, and came, to anchor at 'a small place called
Five Island. The south-east part of Porni-Ricciwas currently
'spoken of as being the place of their destination."
EXTRACT OF A LETTER FROM ST. BARTHOLOMEW'S,

LAW INTELLIGENCE.

COURT OF CHANCERY, NOVEMBER 18.
THE PORTSMOUTH CAUSE.

THE ATTORNEY-GENERAL said, that in this cause, so
many affidavits were'to be filed, that he hoped his Lordship
would fix Monday next for resuming the hearing.
The LORD CHANCELLOR said he had no objection to delay
the cause to any day that the parties might find suitable ; but
before it should be resumed, he wished all the affidavits to be
filed.

The ATTORNEY-GENERAL thought they would be all filed
before Monday; if ilot, his Lordship would permit him to
mention it again.
Mr. HORNE said, no new affidavit had been filed on the
other side.

The ATTORNtr-GENERAL said, they had not seen the
affidavit on the other side till this morning.
Mr. HORNE.—There was one affidavit, at least, which was
not in answer, and it.was not yet filed.
The LORD CitANcELLort.—All that is necessary is, that
all the affidavits on both sides be filed before the cause is fur-
ther heard in Court.

Mr. HoRNE.—And in the mean time Lord Portsmouth
would be brought to town, he supposed, in order to afford an
opportunity for medical men to visit him.
The LORD CHANT LLLOR could say nothing upon the sub-
ject, as Mr. Skirrow was not present. .
Mr. FRANCE said he understood Mr. Skitrow was quite
ready to concur in any arrangement for bringing his Lordship
to town.

:Mr. HART wished to state, that he understood Mr. Skirrow
had not the custody of Lora Portsmouth : it was Mr. Fellowes
Who had •the custody.
The LORD CHANCELLOR had 'no doubt that Mr. Fellowes
would bring his Lordship to town upon the suggestion of Mr.
Skirrow. But all the affidavits must be first filed.
Mr. FRANCE said they had none more to file.
The. LORD CHANCELLOR meant that all the affidavits on
both sides must 'be filed before Lord Portsmouth should be
brought to town.
, Mr. HORNE said they would be.better pleased to have it so.
The Lo an CHANCELLorithought they could easily arrange
matters for bringing him to town. But he wished to- see any
medical gentleman that might visit his Lordship, before they
did visit him.

Mr. 'HORNE had no difficulty in arranging with the solicitor
of Lord Portsmouth (Mr. qamilton); but they could not enter
into arrangements with the other side.
The Loin} CHANCELLOR.-If Mr. Fellowes will not bring
Lord Portsmouth to town according to the suggestion of Mr.
Skirrow, I shall teach him to do it. I don't like to add that,
but if he will not do it, I shall:teach him.
Mr. nORNE.—Oh no, my Lord, nor do we wish it to be
done in that spirit.
The rest of the day was occupied in: hearing appeals, one of
which had come into Court in 1804.

" Beer and Ward" was fixed for to-morrow (this) morning,
when 31r. Searlett is to be heard.

VICE-CHANCELLOR'S COURT, Nov. 18.
CHURCHER'S COLLEGE, PETERSFIELD.
THE ATTORNEY-GENERAL r. HYLTON 3OLLITTE, ESQ.

AND. OTHERS.

The VICE CHANCELLOR, on the sitting of the Court, ad-
dressed Mr. WETHERELL, the leading CouriSel for the rela-
tors, and made some observations on the nature of this case,
and the course which he was inclined to adopt, stating it to be
his wish to bring it into the narrowest conipass possible; as it
appeared to him that the points laid in a very narrow compass,
and desired to know whether the Counsel for the relators were
disposed to acquiesce in the directions he had suggested.
Mr. WETHERELL—It is my duty to narrow it also. I had
been in hopes, being strongly impressed with the idea, that this
Charity has been very grossly abused ; notwithstanding, I am
bound to regard the distinction between a Trustee originating
a breach of trust and continuing one commenced before his
time.—l had hoped, that when your Honour had a full view of
this case before you, you would say that these trustees ought no
longer to act. It does happen, that there, is no trustee of this
valuable institution, the income of which is upwards of 600/. a
year, who has not two L's and two F's, contpounded into the
form ofJolliffe as his name. There is literally not one of them
in whose name those four consonants, arranged as I have men-
tioned, do not hoprifru.to ~occur. Sir, what you have 'pointed:
out undoubtedly forms a great part of the directions which
would be of course. 1h addition to those there would be another,
to inquire what balances the trustees from time to time had in
their hands, and also what balances they sufferato remain un-
received at the Bank.

- VICE-CrtAwcELton—l understood froin the opening of the
proceedings, that the trustees could have no balance in their
hands—that' there is.n Treasurer, and that it is conveyed to the
Treasurer.

Mr. HEALD—There is 'a mistake in that "throughout. It is
true they have appointed a Treasurer ;. but they have no Power
to do it under the will nor the act.

VICE-CHANCEL Lon—Yet if in point of fact he is the only
person who has received, 1 can direct no account against them.
Mr. HEALD—I beg pardon, if it had been so in point of
fact, it would have been impossible to direct more than that
account ; but there is no power under the will or the Act to
appoint any Treasurer.
VICE-CHANCELLOR—That would not signify one farthing,
if it has been the constant habit to appoint one of the Trustees
Treasurer. How can these gentlemen be blamed. They,
finding the practice established, adopt, it. if they have not
personally 'received, there can be no personal account against
therri.

Mr. WETHERtLL--LYout Horiour called our attention to
the circumstances, how far you could fix upon the Trustees a
knowledge that there did exist that balance unappropriated.
That is brought home to the Treasurer in this way—that he
goes to the Dank and receives a part, and does not receive fin
rest. There is voluntary negligence of that Trustee.
VICE-CHANCEntmu-That would be a most extraordinary
knowledge ;—who. ever heard. of it -? A man, going to the
Bank to receive dividends, goes to the Bank and receives part,
and refuses, to receive the rest. That is a sort of negligence
which very seldom occurs in common life, and can hardly have
occurred here.

Mr. IVErilEttELL—It is so charged here,. and proved.
VICE-CHANCELLOR—The charge is, that he was not aware
'of it. It was an accumulation growing; he continuing to re-
ceive what Treasurers before him had received—the dividends
upon.the original stock. He could not We aware that it had
been increased from time to time, in consequence of the in-
crease of the dividends and the bonus.

Mr. Hon.NEI for the defendants—On pronouncing the,decree
upon the other information, a power of attorney was given to
Messrs. Hammersley, to receive the dividends in the name of
the Charity. They went on to do that, no information being
given to the Accountant-General that there had been any in-
qease.

VICE-CHANCELLOR—It is a whimsical sort of corrupt
negligence, that a man declines t o receive money.
111 r. WETHERELL—It may appear singular, and so it is;
but I should not have persisted in it, unless I had been satisfied
the fact had been-so.

VICE-CHANCELLOR—What motive could. there have. been
for a man going to the Bank and receiving 5001., if he could
have received 6001., and leaving that therefor no motive what-
ever ?

Mr. WETirEuELL—The fact is, that the money was not re-
ceived. The Trustees knew from time to time what the divi-
dends were. There has been an increase of 2001. a year, and a
certain bonus added to the original Bank stock of 3,300/. ; it is
'impossible but that Mr. Jolliffe must have known from time to
time what the amount. of the dividend was. It is undoubtedly
singular that a man shall-receive a part, and leave the rest un-
received. But this information circumstantially sets forth, at each
period. of each division, the balances in cash from time to time
in the hands of the Trustees, and also the sums that were from
time to time left unreceived at the' Bank. Undoubtedly, if it
should turn out that this Triistee did not know there was
that balance, that would to a degree mitigate his Misconduct ;
but I think it will appear from this account; that these
Trustees or Mr. Jollifte must have known -what the actual
amount of the dividend was ; and. if it be so, the question
is, whether a Trustee who will not receive at the Bank a
sum of money, is not- just in the same situation as if he
had received it and kept it in his own pocket ? The charges
in this information . have pointed out, the difference between
the sums left from time to time unreceived in the Bank,tor in
the hands of the accountant-general, and the sum the Trustees
received. 1 will give you one of the charges, as a specimen of
the mole and the ground upon which they were founded, name-
ly, upon papers obtained from the other side-for instance,
flom the year 1747 to the year 1769. " This is an example of
the very accurate mode in which this is stated. The charge is,
that "from the month of April, 1747, down to time month of
" November, 1769, wring the whole of which period, the said
" John Jolliffe, deceased, was the principal acting Trustee of
" the said charity ; lie, the said John Jolliffe, had in his hands,
".at the end of each year, over and above all charges and, ex-
" penditures of the said charity, an average balance of 1651.1 Is.
" 9d., or thereabouts; and suffered part of the dividends arising.
" from the stock-funds and securities belonging. to the said
" charity, amounting to 921. BS-. 3d., to lie unproductive at the
" Bank of England, and South Sea House, and which cash-

" balance, added to the dividends so suffered to be unproductive
" at the blank and South Sea House, amounted to an average '
" annual balance of 2581. or thereabouts ;" and so the informa-
tion has gone on, making a second charge, from the year 1769
to the year 1782, when William Jolliffe was the treasurer ; and
again from 1802 to 1806, during the period when Hylton Jolliffehas been treasurer. Now, as your Honour has said, it does
appear singular that a Trustee should not receive the whole of
what is receivable ; but, if the fact is that he has not received
it, and it appears from the accounts that these sums were not
received, then arises the question, whether this was real igno-
rance on the part of the Trustee, or negligence : Then, suppos-
ing it to be a question of ignorance, is that excusable igno-
rance? If you, the Trustee, received a part, and not the whole,.
was not it your duty to know, that there was a larger dividend ?
and if it was your duty to know that there was a larger dividend,
it wasyour duty to receive it, and to render it available to the pur-
poses of the institution. The charges are founded upon papers pro.
cured in consequence of the order of the Court. The charges dis-
tinctly state what balances there had been in cash from the period
When this account is sought, from 1747, when John Jolliffe,whose
representative is Thomas Samuel Jolliffe, was Treasurer, down
to 1818, when this infOrmation was filed. I will never perse-
vere in maintaining a point when I think I have not grounds
on which to maintain it; but, as I understand this case, these
• Trustees did know, and could not fail to know, from time to
time, that these balances were left unreceived• at the Bank.. If
I am wrong on that ground, the help that I ask for cannot be
given. Hi and right, then is it voluntary or involtintary ig-
norance ? If it is involuntary, then it might be a case flir not
removing these gentlemen ; but if it is that species of inat-
tention which the Court considers equivalent to blame-
able inattention, it would impose upon' Ape the necessity
of praying .for their removal on this ground, or I should
ask either an, inquiry in general terms, or with special direc-
tions, to know why, and under what circumstances, these
sums were left from time to time unreceived at the South Sea
House and the Bank, and to state special circumstances why
they were unreceived.
Now, with regard to another part of the case, it is im-
possible not to feel the difference between a man beginning
to abuse a' charity, by violating its rules, and a man pas.
sively and silently continuing a violation commenced
previous to his appointment. There is undoubtedly a
shade of difference in the degree of guilt. The ques-
tion here is, whether, when we find the persons selected
as Trustees to this Charity, constituting the whole family
of the Jolliffes—when we find that many of them have
never attended any meeting—that Thomas Samuel Jol-
liffe for twenty years never attended any meeting—when we
find that the whole mal-administration of this' charity, is to
confine it to one family, to one person indeed, who is to act or
not as. he pleases,—the question is, whether there is not some-
thing to call for some animadversion on the part of this
Court ? It .is true that the practice has existed of taking
Boarders into the School, and of excluding the College boys;
or, to use a homely but not unappropriate phrase, turning
the School inside out, as is frequently the case with these va-
luable Institutions, where the boys who ought to be best attended
to, are theworst—where the school is made a resort for boarders,
and where the boys belonging. to the school are totally disre--
garded.' Another charge is,. that a room .was built, on purpose
to receive, the boarders; there ought to be again, among others,
a special inquiry upon that subject, as an improper expenditure
of the Chanty funds. Then there is another charge, that the
`sums to be given to the boys, and their clothes, haVe not been
properly and regularly given, nor the premiums for ap-
prenticing them. One of the rules is, that the boys shall
be examined, and if found fit, so many shall go to sea,
and that they shall have a premium of 301., and those
that go to a trade shall have 201. It is also charged,' that
- the Trustees have never examined the boys—it is not pretended
that they have. Now, although you may draw a distinction
between a man continuing the violation of an ancient regu-
lation, and himself being the author of it. Still the question
is, whether this has not been a continued, habitual, and supine
inattention on the part of the Trustees of this Charity, the
whole trust of which is confined to this family, not one of which,
will nndertake the duties of the office ?
When I see the disposition of your Honour runs one
way—
when 1 see your Honour's disposition to dispatch busi-,
ness, it is a very disagreeable thing .for Counsel to
find it necessary to occupy ten moments of your Ho-
nour's time, but I have here a duty to perform, and I should
not persevere if.l did. not feel a strong impression of gross mis,
conduct. The next instance I must allude to, is the nomina,
tion of these Trustees. By the original constitution of the foun-
der, there. were to be seven Trustees, and they were to name
others in the room of those dying. These regulations appear
to me to have been kept up in the,schedule of rules which were
annexed to the Act of Parliament. Now, as I understand this
case, these seven Trustzes are all of the name of Jolliffe, but I
do not know thatany one of them has been regularly appointed.
Mr. Jolliffe is named treasurer, not by the act of all. the Trus-
tees, but by the nomination of one or two. Then as to
Mr. Twyford Jolliffe, -and the Reverend Charles Twyford,
if they were named by one or two
_persons, when there were
more who ought to have appointed, 1 must contend that they
have been irregularly appointed,- for though in case of death,
or the retirement of a Trustee, the majority of the survivors, or
continuing Trustees, can name, yet, Mies protks, a Trustee has
been named by one or two only, his apppointment is not a valid
appointment. And one ground, therefore, on which I should
have taken upon myself to have pressed fir the removal of the
existing Trustees,. if it had been your Honour's pleasure. Irre-
gularities certainly do appear to have taken place in the mode
of appointment; and the individuals so erroneously appointed
are not, in my opinion, the legal Trustees who have a right to
administer the funds of this institution.

There is an another very material breach of the trust to
which I must now call your attention. Your honour recollects
that a layman was to he master : now it turns out that this di-
rection of the founder has been violated by an irregularity of a,
very ()Toss description. Let us see what the contrivance is to keep
op the appearance of conformity to the will of the founder.,
Mr. Steele was nominated master in 1784, he acted till 17a5,
and then went. to, Winchester or Alresford to carry on his tuto-
rial functions, but his name is 'actually continued asin4ster
down to 1796. During the.whole of that period, James Cook-
son, a Clergyman, is de facto Master, residing in the College
from 1784: while Robert Steele is apparently and ostensibly the
master. That isan act of very great irregularity, which dught,
I conceive, to come within the description of that supineness or
inattention which.would justify the dismission i,r(the Trustees.
Sir, with • respect again to .another circumstance,—namely,
the selection of,improper objects to this charity,—Mr. Churcher,
the founder, insists that the rules of his Institution shall be,
that . the children of the
.town,, and not foreigners, shall
be admitted to the school.. There 'is .a charge here, which •
is not disputed,, that thirty-four- or thirty-fire children
have been appointed who were not belonging to the town.,
It is also charged, that at Other times, when it is convenient to
remove a boy that be is removed. There is a chargé that
Henry Gpldring was removed ;—a solitary example of obe-
dience to this law, whilst in other instances it has been most
grossly violated.
It is upon these ;rounds, if it sthould be your Honour's plea-
sure not to have the whole of this case gone into, that I sub-
mit, with great deference, generally the nature of this case, !as
establishing the very great irregularities of these gentlemen,
the defendants,-in their mode of appointing Trustees and con-
ducting this charity. I bad been in hopes your Honotir.would•
have' thought it right to give some special directions uponthese
particulars, in order that, upon the Report, you -should exercise
your opinion, 'whether the Trustees should, upon a more full
view of the facts, be removed. Your Honour has-not, I think, up_
en that part of the case said how your mind may or may not be
impressed, when these facts, imputing this conduct, arc More
fully befee you. I have felt a strong impression upon my own
mind.

VicE-CriAxcELton.—What is 111 r. Dusutpy? is he in
orders ? ' _

Mr. HoWNT.—No, a layman. •
Mr. AVETHERELL.—There is another charge which I would
shortly touch upon—that this College was let out to lodgers ;
a part of it was adapted as a seminary for girls, instead of being
appropriated to the purposes contemplated by the founder.—
This is the general nature of the case ; it is not insinuated that
there has been any personal misapplication, or malversation of
funds, but that there has been unjustifiable neglect, in not giving
to the children all the advantages they were entitled to receive ;
though I advert to the distinction your Honour mentions, of
origihating an abuse, and continuing it, the question is, whither
the abuses of this establishment have not gone on in so glaring
a degree, that it was the duty of the Trustees to rectify them,
though some, .of them originated before their appointment?
UpOn these grounds 1 had certainly hoped I should satisfy
your Honour, recollecting the very valuable nature of this in-
stitution, supported by a fund now productive of 601/. 11S. 6d.
per annum, that this phalanx of Trustees of the name of
Jaffe might, at present and immediately, give up the
conduct of the establishment to some other persons to whom
you might commit the interim management, till you finally
decide the questiOn, whether this Court can continue the de-
fendants or' not ?
Sir, , there is another thing which P cannot help noticing—l
apprehend it is an abuse of the trust, for one part of a family
to elect another. I do not say that an uncle shall npt elect a
nephew, or the nephoehis cousin, or go through all the table
of consanguinity ; but I say it is an attempt to exclude the in-
terference of strangers, by one of the family electing anodur,
and in those two electing a third, which must excite observa-
tion. It does seem to me an attempt which cannot be justified,
merely on the ground that it is the wish or the disposition of one
member of the family supinely .to acquiesce under the miscon-
duct of another. I shall ,therefore by and by, if should
be your Honour's opinion, that these special directions should
not be given, press very strongly that there should be some al-

teration, and that strangers, who do not partake of this blood of
the Jollities, should be introduced ; and if they have conducted
themselves so well, and With such merit, that they are not to be
removed, that other persons may be introduced, who may also
have the opportunity of conducting themselves with equal merit.
VICE-CHANCELLOR.--You talk of misconduct in the Trus-
tees—what is the misconduct of which you complain ?
Mr. WETHERELL.—Not receiving money, and keeping
balances in their hands--

VICE-CHANCE Lt. on.—You state the case as if you had made
out. Misconduct in 'the Trustees. - I have not heard it imputed
that any of these Gentlemen have applied a single shilling
of these charity funds to any purposes of their own, or that they
httAre not faithfully and.honestly applied every shilling they have
received. All I have heard stated is, that before the year 1796,
with which these Gentlemen had nothing to do, instead of em-
ploying a Lay Master there was a Clergyman actually em-
ployed. Was that misconduct? One may very well doubt
the discretion of that direction in this Founder's will, that there
should be a Lay Master ; because in all modern experience
there is a much greater probability that a far more proper Mas-
ter would be found in a Clergyman. It is, to 'say the most of
it, an act of irregularity, but not an act of charge. Then you
su, that they have been guilty of great negligence, that they
haveitet-b-oariled these boys. The answer' given-upon oath is
this, that the funds were absolutely inadequate to it. Every
shilling has been employed for the purposes of the Charity,
but they have been inadequate to board these buys. Then
again you say, that this Founder provides,.that all the boys shall
be the sons of inhabitants of Petersfield. These Gentlemen
swear upon oath, that it has been their intention faithfully
to
.execute that direction of the Testator, and that, to the.
'best of their belief, they have executed that direction ; and
if at any tittle it has happened otherlise, it has been'
without their knowledge.' You go back fifty or sixty years,.
you might as well go back five centuries; it has nothing to do
with the case. They swear that they have not appointed a boy
whom they did not believe was a resident of the place ; you
should•not make a charge against these respectable Gentlemen,
,when the informatiortfurnishes no instance of the kind.
You have just now opened a part of the case, of which I
had before heard nothing.. You now state ,tome, for the Ars4.
time, that these Gentlemen. ought to' be removed‘hs mot being
duly elected. You have stated another point of which before
I had heard nothing, and to which I call your attention,—
that is, that these Trustees ought to be removed, because they
have in truth wholly deserted their duty and left , the ,entire
management of this concern to some one of their tinnily. I
will not say there may not be !rt ease,' in' Whieh; sit Aoes.
appear. that .. they have entirely. neglete.ll;44e.lr., duty, I
shall say, they .ought not to continue in the
.execution of that
trust which they. have deserted. As to thoSe hie 'Points; I
should be very glad to, hear you. 'First, that-they are not duly
elected ; and next, if duly elected, that they have entirely de-
serted their duty, and have in pointof fact constituted a particu-
lar person the sole Trustee. That is not,right. The Act of
Parliament. directs, that seven persons shall be Trusteees,
in order that there may be the discretion and vigilance of those
persons exercised in the adminiStration ; therefore, that will
be an important consideration.
Mr. WETHERELL.-1 have always made, it a part-of my
duty at the
.Bar, and, always shall make it a part of my duty,
no.t. to cast imputations upon any person where those imputations
are not upon the IlecUrd.. ,

.
- - .
YICE-CiiANCEL4.c.R.—We do wrong to' imptite"to Gentle-
men, when the RecOrd'does not sustain it, any charge of mis-
conduct. It is always a painful thing to pefsons in this situa-,
tion of life to have these insinuations thrown out.

~„
Mr. Iv ETIIERELL--.-it is upon that ground that I have
avoided, in my opening, making a charge against these
Gentlemen a appropriating a shilling of this fund to
their own use. I never will in my practice add a word
to what is contained in the record. I did not, and I
had no right to say,. that these Gentlemen had made any
Personal advantage of the funds of this charity. The nature of
the charge I make is a salva- conscientim ;—you have not pro-
perly applied this money for the benefit of the charity,—not that
they have applied it'fortheir own use ; but that they hare not
disposed of it for the benefit of the Institution. Personal im-
putations of gross immoral conduct I have never made,orintend
to make.

[To be continued to-morrow.]
THE COURIER NEWSPAPER.

STEWAitT V. STEWART, STREET, AND MUDFORD.
• "Mr. BELL stated, that in this case a bill was filed by Wil-
liam Stewart, Esq., against Messrs. Stewart and Street, the
principal Pronrietors of The Courier newspaper, and against
Mr. Mudford-, an alleged Proprietor and Editor. The bill
-prayed that the defendants might be compelled to pay to the
plaintiff one half year's profits upon two twenty-fourth shares,
and also to pay to the plaintiff 129/. 13s. which he had by mis-
'take overpaid for those shares. Thirdly, it was prayed that
the:defendants might be restrained from selling any shares
of the paper without the plaintiff's consent, and also that
they might be compelled to render hint an account:. of the
profits and disbursements of the concern. The question
turned, .as it appeared from the voluminous pleadings
opened on the part of, the plaintiff, as to the rights of
the latter, upon the construction, of the deeds of assign-
'ment of two shares. "- From Mr. Bell's statement it ap-
peared, that from the year 1799, The Courier was carried on
jointly by the defendants' Daniel Stewart and George Street. In
1803, Mr. Stewart became desirous of disposing of someof his
shares, and Mr. I'dulder; a 'coal merchant, was introduced, but
in consequence of some objections made to him by Mr. Street,
as a. person from his pursuits incompetent to take a share in the
conduct of -Such"a publication, Mr. Faultier withdrew. Ar-
ticles of agreement were drawn up at that time between the two
defendants, Stewart and Street, for the future -conduct of the
paper; and in these articles it was agreed, that as they were
equal proprietors, the paper should be divided into twenty,
four shares ;, that Mr. Stewart should. be the senior proprietor
of the first twelve shares, and that Mr. Street should be
, the senior proprietor of .the second twelve, shares, reserving to
each other special privileges in. case of the sale of any' of bese
shares. It was agreed that in case of either or any proprietor
..being desirous of selling out, the others should have the right
of purchasing-it upon n scale of prices according. to the number
of sheets sold for the three calendar. months before. If .the
sheets sold should amount to 600 per-diem, the copyright should
betqllien tA be worth 1,0001.: and for every hundred beyond 600,
the copyright should be Taken at 3001. As the profit increased
greatly upon 2500, the sale of an Evening Newspaper for every
hundred sheets sold beyond two thousand five hundred, 400/. was
agreed to be given in the. purchase ,of- the copyright ; and it
was 'agreed that if the sale amounted to 3,500, the copyright
should be taken as worth 7,0001. ; and if. it amounted to
4000, 12,400/. should be taken as the value of the copyright.
If the proprietor or proprietors should be unwilling to buy the
shares for disposal at this price, the holder shoold be at liberty
to sell to whomsoever.he chose. The person purchasing was to
be bound to give a bond to abide by:the same regulations. In
1819, Mr. Ste Wart, 'the plaintiff, entered into-a negotiation with
Mr. D. Stewart, and 'ultimately became the purchaser of a
share of the paper from him, and also of one from Mr. Street,
Upon giving for the two a sum in prOportiOn,to.the four last
years' profits of the paper, which on the last-year was stated to
produce 6000/. clear Jirofit., It was ,charged in the bill, that in
the statement-of profits, - there had been a 4»istake made by Mr.
Stewart, on which the plaintiffhad paid 1244/. more than he ought.
The plaintiff bdieved upon the deed of asignment, that he was
entitled to a.vote in the management of the concern, but upon
the first day of settlement, at which lic\ attended to take his
share in the .profits;- • lie • was 'informed by Mi. Stewart, the
defendant, that it was not intended to sell him any7incre than a
share ,of the prOfits, and not any of the riglits as proprietor: A
refusal of the- share of the profits now. sought was given to him,'
unless', he: would consent to, give a reccipit acknowledging his
right only to the profits. At that time, a ttlird party, Mr. Muti-
ford, made his, appearance, and claimed that lie should become
a proPrieter at the expiration, of a certain period, according to a
promise Made to, him to that effect: •
Mr. BELL entered at great length upon the terms Qt'. the x:n-
gagement, when
His Honour the Vice-CHANCELLOR said,, that he could
not hear the case further on that day,' 'arid must: hear -the argu-
ments at another sitting.

[For the Proceedings in the Court of King's Bench,' cl3.c. sce
the fourth page.]

, SiriGuimt ROBBERY.--Yesterday morning,
about ten minutes after six o'clock, as kawson, Kelleloy, and
Dennis, three watchmen, were returning from their sta-
tions, they observed three bags full of something, being
lowered from the Dock-wall, or rather from the warehouse Re-
joining it ; they suffered the bags to be lowered to the ground,
and then seized them and. the rope by which they were let
down, and took them to the watch-house, when they foimd the
bags to contain 1671b5. of opium, value 3401. Theylcould not
discover the person of the offender in the warehouse, and the
gates being shut could not gain admission till 8 o'clock, when
they Made the circumstance lcnown, and pointed out the ware-
house. The slates, were taken from the roof, and all appearances
were that of a person having gone through, either in or out.—
A man's smock frock -was found it) one of the bags, and the
chest from whence it was taken is found out.

MELANCHOLY CATASTItOPHE.—An Inquest was yester-
day held at, the Princess Charlotte public-house, on the body
of Mr. John Ballard, who had many years practised as a sur-
geon'at Walworth, but who terminated his existence by hang-
ing himself on Friday last. Witnesses were called to attest
the despondency. of the deceased. This being done, the Jury,
without any hesitation, returned their verdict to the effect tha'
" the deceased had hanged himself in an insane state."

PRICE 0:

THIS DAY AT
Bank Stock 949 A
3 per Cent. Red. Bl
3 per Cent. Cons 814
3A per Cent. 931
1 i)er Cent. f Old 93i
New 1044
5 z)er Cents. 1797
Bank Long Ann.
Imp. 3 per Cents. —

F STOCKS
ONE O'CLOCE.
India Stock ........... .. .. 43,
India 80nd5............
South Sea Stock. . .
Old Annuities ............. .
Ex. Bills .................. 7
Ditto Small ...................
Bank for Act......... • •
India for Con. Acct. ......
Cons. for Acc0unt.........

ovl
PRICE OF FOREIGN STOcItS IN LONDON/

AT ONE O'CLOCK.
Five per Cents. 90.
1
Six per Cents. 82.
Five per Cents. (Metallic)• 83.
Ditto New 872.
Neapolitan i Five per Cent. Bonds, 77i.
( Scrip, 79i.
Austrian Five per Cents. (Metallic) 85.
Five per Cent. Bonds, nil
Spanish . ,{ New Ditto, 601.
Scrip, 3A 4 disc.
I Five per Cent. Bonds, • 87.
Prussian • 1 Ditto New, 884.
Danish- •••-• • Five per Cent. Bonds, 91..
Chili 791.
. • (Old Bonds, 00.
Colombian Six per Cent. Bonds,' 303.
Peruvian • • NDeitivt? Scrip;Loan, 804.
- (Bank Shares 1.:21 104.
American ) Six per Cent. 92-981.
. a Five per Cent. 96k.
`Three per Cent. '70,1.

French

Russian

• .*

,
PRICE OF IRISH STOCK, Nov. 16.
c •
Bank Stock °sli Grand Canal Loan. 4P' t edi
"Gov. Deb: 3i per cent.... 938 Ditto 3 per cent. "' /
Stock, 3A per ct. 92A I DittoStOck ............:20}
Gov. Deb. 4 per cent...... lif Royal Canal Stock ...... 1: /
Gov. Deb. 5 per cent. 7l Wide-street Cert. 6 per e
~.,
Treasury 13i115,. 5 per cent. _.!
—Stock, 5 per cent. 7 pSe er
cc' i :
,•ent•
City Debentures, 5 per Do.
r Sec°
cent. ' 3H Ballast Office Govt. /
Dpiop.eDNeibra.tweritDheGb.
Lying in Hospital 4 per ct. 5 per cent. . . ........... .•
Exchahge on London, Nov. 15, 7:13-

OS('
BRIDGE TO-310Rn
Evening, 13 minutes after j
--••••••5

HIGH WATER AT LONDO:
Morning, 43 minntes after 5.

THE SUN.

_---
SOLEZII QUIS DICED.Z FALSUM AuDvAr'''

LONDON,
TUESDAY, NOVEMBER 19, ISc-'7,..."‘
[FROU A CORRESPONDENT.] tiej
Gll9, Twelve o'clock.—All foreign ffecp
are very dull this morning, and very little "1
up to this hour in any of the funds.

The Elections for replacing the fifth'°f tile(
French Chamber of Deputies, whose Peri°a
cd.,
service as Representatives expired last 91
at
are proceeding rapidly inthe different pep io
meets. M. LAFAYETTE has been re-elected'
s•
pite of the utmost efforts of the ministerOs'
and Ultras in favour of another Opp v
didate. The Government party, however' -
obtained an important victory by throwing
osition Citv :
h

The Spanish news is of importance. thelteg
M. B. de CONSTANT.
5 I'-'
of Ur constrained gel having been ' —, it apre'" to
remove from the Seo d'Utel and \to retire
b 1 its
Puycerda, from which it may easily cif' a
escape into the French. territoryrin.Case 0( c"
of
nl
tinned disaster. This retrograde r"venlent
disco'
eacY
the Royalists must be aattributeded to the
ersiisi
fiture of the Baron d'EtteLEs and the diso
gained,is on t i
ibey
poi then t aorfmbs e
in ofg fit
11
I of On
--- sag A's forces, and
ttierinctilioattitesldtlei.tivt ijognotairliss.
alrerial
which MINA pursues the advantages
can be little doubt that the ; rs
There Dior:eV
onwi 1 i
c, thell c
oqnufierstmi
so n
The Illoniteeer, the official organ of tl'c
French crovernment, contains a cautious art'
cl'
thoefvipeevia,sceweortiawvaer
fiance n;
subject, and proves, that, though f
templates the poSsibilitv of hostilities with IV°
ej,
reluctance, her final resolution is not yet form f
The ' •
Ambassador of Austria to the Court °
the
France has complained of the article in . 5
Journal deg Dhbats, which said that " re3r
eats
may be entertained of combinations of ev.e-
,, 0
which would induce a Spanish
.party to ea" .j.
foreign dynasty, whose eStablishment at Matir'
h Of
w\ould change the equilibrium of the Soot.'
~
Europe, to the particular detriment of Fraricel,
It is not generally known that the Spanish Corte"
during the intprisonment of. FEaDINANA in France/
A icir
t awki
et with
of
fp atils;
offered the Crown of Spahr to the Austrian .---
i..
duke CIIARLES.—The Journal des DZbats es'
os'
des
eutly alluded. to this . project, and to the 13-
si4ilitY of - its revival;' and the sensitivens
the allusion'
of the Austrian Ambassador to
otood•_,
or
Shews, that it was felt arid.unde
Sotbing, certainly, eoiald be More imprudent
en.
Impolitic, .on the part of the French Goverom tt:
than topermit Austria to obtain a military °°_,
p which sve bar'
ing in the Peninsula,—a remark
more than once addressed to our Re. Faders.
..
_,,,
ropect.n!,
All the most favourable intelligence
the Greeks continues to receive confirmato3_P„
It is now even doubted whether the statemenell
were v._.,
of.the surrender ‘of.Suli. to the Turks
founded. It is at least certain. that the Suhoote:
maintain their resistance with unditninished.._..rs
warn°,
dour, and that seven thousand of their
have lately reinforced 111,tug000a0A50.
VIZENCII FIINpS.--NOV. 16*
Five per Cents.
88 f. py! iv„ u.
Cloied at ........ _.
Bank Stock ... ..............................1600 f 1
• '" c'
Neapolitan Five per Cents. ... .......... 71
23 y.'4o c.
Exchange on London—One Month... .', C.
N
Three Mondis 20 f• A

!His Catholic Majesty's brig 1.3
Extract ofa Letter from Curacoa, Oct.
CflP t.
arrived Ye ster
CATAR A, and schooner Constitution)
Vercales,