The Sun.
London, England, 1825-06-30 00:00:00

PREROGATIVE COURT—(Tana DAY.)

[Before Sir JOHN NICHOLL.I
PARSONS V. PARSONS.
This was a suit to obtain probate of a codicil only under the,
following circumstances.
The testator was possessed of a copyhold estate of the value
of 1001. per annum, in Somersetshire ; and in 1814, which was
shortly after his marriage, he made a will. Four years after-
Wards, having had two children born in the interim, he executed
a codicil thereto, and shortly after destroyed the will, but left
the codicil, by which he bequeathed an annuity of 301. for life
to his wife, and left the remainder of the property between his
two children. The question was, whether the codicil could be
considered

Sir Jong NicuoLL said he could not admit the paper unless
with the consent of the beir-at..law in the event of the par:y
being declared to have died intestate.

.•
Dr. ADDAMS said this party was the widow who, accord-
ing to the custom of the place, would be entitled to every thing,
but who was willing to surrender her claims on behalf of her
children.

Sir Jon)/ Nic!Lou., under these circumstances, decreed
for the paper, and ordered probate to be issued.

,t;

The following very interesting account of thes.'
execution of three indivichr4ls, concerned in the'revolt at. Per,
munbuco, has been received, under date from 'that place,-April
27:—" You may remember in one of my letters, linentionad.sta,..,. •
American, by name Rodgers, of New York, who was con.
..
donned to death, and recommended to the mercy of the Em-
peror. The answer arrived on the 2d inst., ordering thatqilt ..„
that were condemned should be executed, which sealed the fate
of this young man and his two Companions. The 12th ihst.s.at
eight a. m. was the time appointed for their execution, ancl:Mt ,
that Morning I went to see the execution. They passed witNn
a few yards of me towards their seats, dressect in white
and unbound. Rodgers took the middle chair, Nicolon the
right, and Le Mont the left. After sitting a feiv•:,naiti4te;i:•,
they rose, and Nicolon began and made a long speechocter'
which Rodgers and his companion also addressedthermtlmtnis,,, ;;1t
While one was speaking, the others bowed their heads,AgArnu4
mation, and after thus speaking about half an hour; 14r
•
•
their seats. The executioner then tied their hands kap 443 cky7,;il
with a small cord, and drew min over their eyes. Twen,tyrfinir
soldiers were then called out, and halted within thirty yards
Rodgers then gave the signal to fire by dropping his hatitlker-
chief. They fired, and' Nicolon fell. The sight was dreadtta, :
Rodgers springing on his feet, cried out, " for God's sake, kill
me quickly," and taking hold of his gown, he held it up to. •
shew the multitude the bullet holes through it. be MontkePt',
his seat. The soldiers then fired a second round, and Rodgera',.
fell. Le Mont fell immediately after Wards. The soldiers then, '
ran up to the bodies, and discharged the third round into them.
Their speeches were never published; they related principally
to their love of freedom, advising the Pernambucana to icutl4f.7
your for freedom once more, and conjuring them to borecAi
the Emperor." • •'' ".".`qt...4turltA tt

CURIOSITY DISAPPOINTED.-111 VaiiOßS'
of Galloway large crags are to be met with, having yerraitt
dent writings on them, some of which the antietuarf 0644
phers, but others not ; one of these, in the farm of Knock*Ksisi!;-
bay, has, cut deep, on the upper side— , r 4
"-Lift me up, and I'll tell ye more."
A number of people at one time gathered to this rock, andoifterf,
much labour, succeeded in lifting it up, with the hope
doubt, of being well repaid for their trouble with the &quoin. m
beneath ; but how must they have been deceived when, io.steaCm
of finding any gold, they found wrote on its ground f. I{
" Lay me down as I was before !"

4,4

•
DIOGENES being asked, how he would. 14.
•
buried, replied, with his face downwards, for within awlti4,, .
the world would be turned upside down, and then he would,be
right.
A seaman of the Brunmsick, describing :.Lor4l:l''
HowE's victory to his wife at Newton-Abbot, makes the :fol.":
lowing remark :—" This deadful battle was fought one Sattday4
and it the French have left that day out of theriCalentlar; tIod: .
Almighty has shewn them he has not left it out of
the same action, the Brunswick was distinguished by.alarie
figurehead of that august House, proudly riding the iwavesri
with his hand upon his sword, and a laced hat upon his .head,..K.
The figure was, m the heat of the battle, deprived °tits bar-ky.,,
n cannon-ball. The crew of the Brunswick, not feeling-satisfied.:
that their great Leader should remain uncovered in thetaceof hips,
enemies, sent a deputation in form to the quarter-deck, toreq*pre.
that their Captain (John Harvey) would be pleased 'to'order
;servant to give them his laced cocked hat to supply theitioss.,4
The Captain complied, and the hat, nailed upon theltead of this.,
figure, remained there the rest of the action.'
HANDSOME BAR-MAIDS.--7-The following' ad.,
vertisement appears in a New Orleans paper Nirsiltetti
two handsome Ladies, to assist in two Bar-roorha, and'AW
whom liberal wages will be given. Beauties from New Yorke-
Charleston, or Savannah, will be preferred. Due attention *ill
be paid to applicants, at No. 60, Camp-Street.,
PLAIN SENSE.—A boy of a much earner It
than it is customary to take children-at-large schools, Oili4ix
years old, was going into the.village without ..leave„,whemike
of the Masters called after him, " Where are you
" I am going to buy a halfp'worth of nails, Sir.",..."Whiltdo
you want a halfp'worth of nails 'for r,—" For a.,balfpe#T,
sir," replied the urchin.

•' L~

;.,

. .

C

j.

CIIE LONDON JOURNALS.

DAILY

-------
Extructsfront the ilfol-nzng Papers, June 30, 1325.

. , [THE TIMES]-
'ln the VsbOn-Gatetie of the 6th inst.'we find
a very curious article on the e'Xisting relations
between Portugal and Brazil, the object of which
seems to be to prepare the former fora renun-
ciation of its Sovereignty over the latter, and to
coax the latter into a purchase of its indepen-
dence,, on better terms, from the former, while
it bespeaks from both a friendly, union and mu-
tual conciliation. It begins rather ominously by
Stating, that in.. viewing the actual situation of
the two countries, the politician would ieedg-
nize the influence. of foreign causes, set it motion
by the anarchical frenzy which had convulsed
Europe for the last thirty. years. It then pro-
ceeds- in the usual jargon of official diplomacy
to detail; the overthrow of revolutionary power
by the arms of the Iloly Alliance and the magic
influence of ligitimacy, and observes, that being
driven from Europe, that power took refuge in
America; where, protected by an intervening
ocean,: it, still nourishes its audacious hopes, and
proclaims its pernicious principles. From this
commencement the reader would be led to ex-
pect that an expedition was about -to sail, or a
proclamation-of war to he issued, against the re-
volutionay usurpation of the Emperor Peter 1., but
we find that it is merely an introduction to a
history *of his Faithful Majesty's exertions to
improve the political, condition, and to se-
cure • the- lasting gratitude, of that portion . of
his former dominions. The arrival of hii Majesty
at Rio Janeiro in 1808, is -compared to that of
a " creating star," which spread peace and
life over that extensive empire. He did every"
thing in his power to secure its -tranquillity and
to ameliorate its institutions, and he met with an
appropriate reward in the transports of gratitude
and oaths of eternal fidelity with which his bone-
.fits were received. Meanwhile, his kingdom of
Portugal, by
:its heroic valour and the assist-
ance of his allies, had driven Us invaders
across the -Pyrenees-; but the sacrifices which
it had incurred in so glorious a struggle had
occasioned difficulties which ultimately brought
about. the Revolution of 18'20. This state
of things rendered it necessary for the
" tutelar genius of Portugal" (as King John
is "called). to return to Europe ; but in re-
tiring from Brazil, he provided for its happiness
by leaving his beloved son at the head of its af-
fairs; with almost absolute and independent
authority. The recall of this Prince—the violent
separation of Brazil from Portugal—and the de-
claration of war between the mother country and
its former colony—are all ascribed to the late
Portuguese Cortes. In the view of his Majesty,
Brazil had no reason to complain of its situation,
or•olthe rights asserted by the mother country,
which implied no oppression, and scarcely even
subjection, being perfectly unlike the claims
of Spain over her South American possessions.
The' inference which the writer of the ar-.
ticle wishes to draw from this statement is not
explicitly declared. He puts Brazil in the
wrong for its hostility to Portugal, and accuses
it,'-of ingratitude towards his Faithful -Majesty,
but does not point out how that wrong may
be repaired, or that ingratitude eitpiateil. The
conclusion its - which nothing is concluded" to
which he comes, is the expression of a ltOpe. that
the malignant influence of -prejudice which sepa-.
rates the two countries, may be destroyed, and
that the benevolent regard of his Majesty towards
Brazil may create corresponding sentiments to-
wards him on the part of its inhabitant 4. The
real object of the whole article appears to be
what we have stated above.

Mr. Canning; has at length broke ground upon
the claims of British merchants on the Exche-
quer of Ferdinand. If we did not mistake the
tone of the Foreign SecreLary, he was far from
tieing annoyed at Lord J. Russell, for extorting
Erin'. -him the. interesting fact that Spain had
ti-trkrrn eyery-possible impediment in the way of
justice towards our countrymen—that the claims
already .known exceeded two -millions of: money,
arld , in plain English, that we might whistle for
payment, if we did not find some way of redress-
ing-our own wrong. We feel repugnance in speak-
ing at all ab-Oot.trte wretched animal who stands
in the front of the picture whenever Spain is look-
ed at by an Englishman. Contempt and disgas,t,in no
degree short of loathingi are the sensations which
swilitg: to one's throat whenever his name is
breathed. NVhi should Mr. Canning plague
hirryself o the people of England by attempts to
negociate, as it is called, with one who has no
apparent sensed right existing any were beyond
his owo den, but as something which he may
outrage with ,impunity?. We have squadrons
enough at sea, to see justice done to our fellow-
sUbjdctsmikkinithree mouths .from the day at
w<li•lch-we are. writing ; apply any ether means
bnt force, and three centuries will not. give then;
it demaification.-- .

t- •
prom the short deboe Of Tuesday last on tfie
(
Deccan prize-money, the Duke. of Weilittliton-.
twilues•tioftably did not come off with " colours
flying," or,indeed with any other of, the honours
gf air; -No harder case than this of the Oeveitn
87my—abiy. commanded as it was by Sir Thomas
klislop..composed of gallant troops, and victo-
Arms through its whole serious of daring and de-
.cisiveientvgnises,no harder case, we say, has
i.--c.reir occurred :iraor de. we except that one of the
rylartjoar:ansoni,engage.d -for by Sir Win:braper,
an 4 .basely, though characteristically, withheld
thi,s4day b.y the party bound to furnish it. The,
ase of the'Manilla ransom,. we repeat.,-is rent-to
Fie,
mentioned _with this of the Deccan.-prfze-mo-
pey-;.,besca.use„thc•re the s.oldier was defrituded--osf.
h(..s.rightay Spain,a,n.unprinci pled fareiiiil,pour(,'
frrirr) :w-,117c h ,nothing better. was to .e t era ;;-
r i 3 111.1 happily4ot so far
'from-hoar:it,.in4-disAppoiritmeu t a nt.f n t location
are so much the more heart-breaking. tiaitl.4 (14*t!r-
114"0..fioldiert.:, As we have already, more than once
itibiiiiifed this subje6t to-our readers, it may now
suffice to touch upon one or two. of the principal
beads; adding,. however,,that the whole case is,

clearly and strikingly detailed in the petition of
Colonel Fitzimon to Parliament. The Crown
made over its claim to the booty captured in
the successful war of 1817, 1818, for the
benefit of the. Deccan 'army ; but the 'civil
servants of the Company having gathered 'up
the spoil as fast as it was conquered, great diffi-
culty arose in ascertaining for the army how much
had been captured, into what hands it had been
transfetred, 'and 'by what means it might be
traced and recovered. The principles of distri-
bution were soon fixed; that is to say, the ques-
tion, of, " who were to be entitled ?" The real
problem was, the amount of the booty and its
recovery. For a settlement of all claims, and
for the satisfaction of the army, the Duke of
Wellington and Mr. Arbuthnot were named
trustees by the Crown, to act for the benefit of
the captors. The first and obvious duty of the,
trustees, therefore, was to promote their just in-
terests. But, strange to say, his Grace and his
associate are broadly accused of having rendered
themselves wholly inaccessible to the parties for
whom they had undertaken to act; refusing all
intercourse with their chosen agents, and refus-
ing any communication as to the source's where
they (the trustees) were to obtain' the neces-
sary knowledge, or as to the nature and mag-
nitude of the claims which were prosecuted by
the Company against their own military-defenders.
We saw the letters signed Wellington addressed
on these poin ts to Sir T. Hislop; and have no scruple
in affirming that the perusalfilled us with a mixture
of _shame and indignation. Master Arbuthnot, it
appears, Was 'not appointed agent, to the injury
of the gentlemen who had toiled through the
hardships of the office, and were entitled in all
honour and fair dealing Co the fruits of it. We
Are, on the contrary, assured by the Chancellor
of the Exchequer, that Mr. Arbuthnot's merit
reached no further than the intent to thrust his
son info the agency. This may throw light on
the meaning of the Methodists, when they inform
us that ""1-lell is paved with geod intentions."
Mr. Robinson made but a sorry defence for his
clients ; and, indeed, on the face of it, the advo-
cate was not the person in fault. The business
must come before Parliament. Men of hard and
haughty natures must be taught that society is
not a walled garrison, nor the fiat of a Field-,
Marshal the law of the British empire.—(/bid.)