The Sun.
London, England, 1822-11-30 00:00:00

LITERARY NOTICE.

CATALINE, a Tragedy, in Five Acts ; with other Poems.—
By the Rev. GEORGE CROLY, A.M. Author of " Paris in
1015," " The Angel of the World," &c.
We have delayed noticing this Play, because
we naturally conceived that a work of so much
merit would have attracted the attention of our
theatrical Managers, and that they possessed
taste and judgment sufficient to induce them to
present it to the public with all the splendour' of
scenic, exhibition, particularly as in two or three
instances they thought proper to represent works
of the same description without the permission of
the respective authors. If we had not been re-
strained by this supposition, we should have
submitted our opinion of the play before us
much sooner to our Readers. We had little reason,
however, to hope that the Managers would have
shewn their discernment on this occasion, as
so many wild, crude, and horrific composi-
tions, under the name of Tragedies, have been
represented in our Theatres, some of which
were chiefly intended to draw forth the powers
of a particular Actor, and having 66 strutted
and fretted their hours upon the stage," were
soon after " heard no more." Indeed we hardly
can wonder that the judgment which could ac-
cept, and bring forward, such compositions as
we have alluded to, should have overlooked and
neglected this Tragedy of Calaline. The Author
has not so closely followed the Roman Histo-
rians in the plot of his Tragedy as BEN JONSON
has done in his Drama of the same title ; nor
has he borrowed from CREBILLON or VOLTAIRE,
who wrote Plays on the same subject; but he
has drawn with fidelity, force, and charac-
teristic spirit the Hero of the piece, such as
he is transmitted to us by history. He has
enriched his work, and though, speaking of a
Tragedy, we may say, enlivened it also, by the
introduction of characters of his owe creation.
These characters diversify the story, without im-
pairing its general interest. The Roman charac-
ters, besides CATALINE, are also given as recorded.
The new characters ' are chiefly, HAMILCAR, a
Moorish Prince, and AsrAslA, a Greek Priestess.
They are attached to each other. IlAmir.cAtt
is drawn with great spirit, and ASPAsIA with
affecting tenderness. Perhaps it may be
thought somewhat improbable that a Greek
female, with all the refinement and elegance
of her country, should be attached to a
Moor; but HAMILCAR. is a clever, subtle,
animated fellow : and SHARSPEARE has given
sanction to the author in a similar partiality.—
There are many incidents in this tragedy highly
interesting, and some deeply affecting, the fable
moves in due progression, and is only suspended
by such interlocutions as are necessary to de
velope and illustrate the characters. Poetical
justice appears to be observed throughout, and
the catastrophe is awfully impressive. We are
strongly tempted to extract passages from the
work, many.of which are eminently marked by
poetical beauty, splendid imagery, vivid descrip-
tion, depth of reflection, and energy of sentiment.
But we forbear from forestalling the interest of the
piece, in the hope that a tragedy of such striking ex-
cellence cannot much longer escape the attention of
our dramatic caterers, but that it will yet be
presented to the public in a manner which a work
deserves that is so eminently characterized by
historic Majesty, and the splendour of Genius.
This volume contains many other Poems, classi-
cally beautiful, elegant and interesting. We
have already inserted some of them, and we shall
soon avail ourselves of others, convinced that they
will be highly gratifying to every Reader of taste.`

Timothy Dunn, a man who was sweeping the street at the
crossing, gave a similar account to the last witness, except that
he represented the hind part of the carriage as striking the gig.
He stated the coachman did not stop at tie time, but stopped
shortly afterwards.
Mr. Lambert, who employed the first witness, did not see
the accident, but described the position of the vehicles. He
said that Mr. Wayte was nearer to his own side than the off
side of the road. The carriage of Lady Carr was stopped by
the by-standers.
The porter at the Spread Eagle, and a servant-girl in the
neighbourhood, represented the accident nearly as described by
the preceding witnesses. The surgeon's charges were shown to
be 3/. 195., and the repairs of the carriage cost 22/. Is. 6d., in-
dependent of a new lining; but it was admitted that from the
manner in which the gig had been repaired, it was worth 10/.
more than it was before the accident. _

Mr. SCARLETT addressed the jury for the defendant. He
should be able most satisfactorily to show that the carriage was
proceeding at a moderate pace, and that not the slightest blame
was attributable to the servant of the defendant. For this pur-
pose he would call the coachman and the you_ ng gentleman
who was sitting beside him, Mr. Perceval, whO was seated on
the box, who had never before been in a court of justice, and
whom no one could believe capable of uttering a falsehood.
Lady Carr would have been happy to make some sacrifice ra-
ther than come into a court of justice ; but she had never been
able to learn the extent of Mr. Wayte's demand ; and was
therefore compelled to make that defence which the truth and
justice of the case afforded.
Richard Siday, the coachman, being released, Stated that he
had been five years coachman to Lady Carr. He had come
from Ealing on the day of the accident, and had stopped no
where. He was not driving more than six miles an hour. Mr.
John,Thomas Perceval was on the box, and two of the Misses
Perceval inside. He drove along the left side of Piccadilly.
At the Circus, a. hackney-coach was on the right of the car-
riage, proceeding to a stand in Piccadilly beyond the Circus.
He had crossed more than half way over the Circus, but saw
no gig, till he perceived it coming in front of the hackney-
coach, when the carriage was nearly abreast, but the coach
a little before it. The horses of the
.gig might then be five
yards from those of Lady's Carr's carriage, coming at a mo-
derate pace. The moment he saw the gig, he pulled with all
his might to stop the carriage; if he
,had not done so, the
horses must have come directly against each other. The gig
struck on the poll of the carriage, which then was standing
still; it went on a yard or two, and then went over on the off
side. The gig was struck in the body just above the top of the
wheel, as the pulling up of the horses necessarily raised the
poll of the carriage. He remained still until he saw Mr.
Wayte's horse plunging towards the carriage, and then moved
to the middle of the street. The plaintiff came up to the car-
riage; young Mr. Perceval attempted to speak to him, and ,
said, " Sir, Sir." Mr. Wayte said, " Don't go away ; I in-
sist on knowing whose carriage it is." This he said as they
were attempting to escape the plunging horse. Mr. Perceval
gave the name of the owner of the carriage, which Mr. Wayte
said was enough, and went away. The carriage was driven,
not down Regent-street, but along Coventry-street.
On cross-examination the witness said that the hackney coach
was going slowly, and the carriage passing it. He did not see
the gig till the horses hail passed the coach. Upon his oath he
was not stopped by the crowd, nor did people collect and cry
" Shame." Mr. Wayte called out " Don't go away." Wit-
ness replied, " I am not going away, I have 4one nothing."___
He did not hear the footman answer to the inquiry about the
owner of the carriage, " I don't know." Mr. Wayte spoke by
the side of the carriage, but the witness did not know to whom.
He was 'quite positive that.no one attempted to stop the horses.
It was a heavy carriage.
' Mr. John Thomas Perceval said, lam the son of Lady
Car. I was on the box of the carriage, and my sisters within.
I had not stopped at Swan and Edgar's; it was going to Lei-
cester-square. As we were passing the Circus, a hackney_
coach crossed on our right-hand side. ,The carriage had gone
two-thirds of the way across the Circus before we came
up to the coach ; we were going a little faster.—l observed
no carriage which would prevent the whiskey from going
behind. When we had gone two-thirds of the way, Mr.
Wayte's gig came in front; our coachman drew up, but the
pole struck the gig so as to raise it up, and the gig still going
on wasupset, while we stood still. The pole being elevated raised
up the whiskey. The moment the coachman saw the gig he
stopped, and could not have denv it quicker. He did not at-
tempt to go away. Wr. Wayte rose directly, and came to the
carriage :he put his hand on the splinter-bar, and spoke ;he
then went away, and spoke on the Side of the carriage, and put
his hand on the door; I called to him, " Sir, sir," but he was
so much agitated he scarcely heard me. I told him it was
Lady Carr's carriage, and had never the least idea of conceal-
ing the name.
William Sloper, the footman, who was behind the carriage,
heard Mr. Wayte say " Stop, 1 wish to know who you are."-_.
Mr. Perceval called to him ; he did not come directly, but
took hold of the handle of the carriage-door. Mr. Perceval
told him it was Lady Carr's carriage.. The coachman had
made no attempt to get away. The witness never refused to
give the name of the carriage ; he was never asked particularly.
Mr. SCARLETT begged to ask Mr. Perceval whether any
one attempted to stop the carriage ; Mr. Perceval answered de-
cidedly in the nagative.
Mr. GURNEY replied, contending that on the evidence of
the defendant's witnesses the plaintiff was entitled to a verdict,
because, though the carriage properly kept on the left side,
while passing down the street, it ought to have passed on the
right side of the hackney-coach, when it would have been visi-
ble to the plaintiff, and the accident would have been prevented.
The LORD CrirEr JUSTICE left the Jury to decide whether
the accident arose from the negligence or misconduct of Lady
Carr's coachman. He knew of no such rule of law or of driv-
ing as that contended for by Mr. Gurney, when carriages were
passing in a large open space; but he thought the decision
must turn on the question, which class of witnesses was most
consistent, and least likely to be mistaken.
The Jury retired for an hour, and then found a verdict for
the defendant.

BARETTO v. BERRY AND ANOTHER.
This was an action by a gentleman residing in Portland-
place, against two of the inhabitants of the Hundred of Ossul-
ston for the damage done to his house by a mob on the 6th of
June, 1820, when the Queen arrived from the Continent. It
was proved that a number of persons assembled before the

This was an action by the plaintiff' to recover damages from
the defendant, for having assaulted him and falsely imprisoned
him in the Coldbath-fields prison.
Mr. Lawts opened the case.
Mr. Serjeant PELL stated it to the Jury. The plaintiff,
John Bukeridge, is a journeyman weaver ; the defendant is a
master weaver, who was in the practice of letting out looms to
hire, for which he charged a small sum per week. The plain-
tiff's father was also named John. To the brother of the plain-
tiff the defendant lent out a loom on hire. The father, and a man
named Kerr, signed an,agreement to be security for the return
of the loom. Theloom was not returned in time, and the defendant
summoned not the brotheiXilliam, but the plaintiff, before the
Court of Requests, Tower Hamlets. The plaintiff said, he was not
the person whom he ought to have summoned, and he, cautioned
the defendant against proceeding any farther in the affair. The
defendant, however, went on, and had the plaintiff' arrested and
sent to Coldbath-fields prison for six days. At the end of that
time he was discharged. He afterwards went to Prestage to
ask for some compensation for the illegal imprisonment. The
defendant said he had better make it up, and the compensation
he offered was 4s. per day ; which he observed was as much as
he could earn for the time he was in prison; but he would
not allow for more than four clear days, as it was late on
the Saturday when he sent into prison, a9d that on the next
day, Sunday, he could not work if he were out. The plaintiff,
not satisfied with such compensation, brought the present
action.

The plaintiff's father and mother proved the fact of the im-
prisonment, and that they had both told the defendant that he
had arrested the Wrong man, for that it was the father, and
not the son John, who had given security for the return of the

loom.
A man of the name of Knowles corroborated this evidence
as to the fact of imprisonment, and the willingness of the de-
fendant to make it up, by allowing four shillings per day, ex-
cept fur the Saturday and Sunday. ! -
On his cross-examination, this witness adinitted that after
the plaintiff's liberation, defendant still said he was the right
man, and that he was the security, and not the father.
Wm. George Lille, an attorney, proved that in February
last he waited on the defendant respecting the imprisonment of
the plaintiff; and told him that he had got the wrong man, for
it was the father, and not the son, who had given the security.
Defendant said he was certain he had the right man, and
brought out a file of papers to show that an agreement had
been made by plaintiff to be the security. Witness assured
him he had the wrong man, and advised him to settle it.
This was the plaintiff's case.
Mr. Sergeant \TA Ir G 'IAN, for the defendant, complained of
the manner in which the case had been laid before the Court,
in piece-meal, or rather patched up to suit a particular pur-
pose, while the real truth and the entire facts of the case were
studiously concealed from the Court. He would lay the whole
of the case fully before the Jury. But before he went into the
facts, he would just mention what, even if he were not disposed
to rely upon the merits of the case, would put the plaintiff quite
out of Court. The objection, then, in law to this action was this
—thatlby the 19th Geo. 111. cap. 68, (which was an Act for re-
gulating the Court of Requests, from which the plaintiff was
committed)'no action for any commitment or other process from
that Court could be brought unless twenty days' notice were
given to the defendants, in order to afford them time to offer com-
promise ; and that ,in default of such notice, that Act could be
pleaded in any such action, and the plaintiffnonsuited. He would
prove that this notice was not given. He would not, however,
rely even upon this. Ile would lay the whole case before the
Jury • and it lay in a narrow compass. He would prove that
the plaintiff was in fact the person who ought to have been ar-
rested; that he was the security for the return of the loom ; and
he would prove it from the testimony of a witness whom the
plaintiff had not dared to call—that was Kerr, who was the joint
security with him for that return. He would prove that it was a
humane consideration for the situation of the plaintiff's wife, who
was just then in her confinement, which induced the defendant
to sign the plaintiff's releaie from prison, and not from any
doubt of the identity of the person who was the security. If he
clearly established this fact, he had no doubt that the Jury
would return a verdict for the defendant. He then called
James Kerr.—l know the plaintiff and defendant. I was
present with them about the 10th of July, 1820. I went with
John Bukeridge the younger, and his brother William. The
father did not go. I went at the request of Wm. Bukeridge to
be security for the return of the loom. This was about two
o'clock in the afternoon. This agreement (a paper which had
been handed to witness) was made by John and William Buk-
eridge with Prestage, and I saw .John and William sign their
marks to it. I wrote my own name to it. Since the commence-
ment of the present action I met the Bukeridges and some of
their friends by appointment. Bukeridge the elder said tome
Don't you remeniber going with me to be security for a loom
for IVilliam ? I said I remembered no puch thing. He then said
—" I am convinced you did, and I could take an oath of it." I
answered, " All the oaths you can take of it will be false ;" and
pointing to his son John, I said, " That's the man, and not
you." Upon this, his brother Isaac got up, and said—" I see
you (to witness) are a perjured villain, and would take a false
oath for a couple of shillings and a meal of victuals." I said
that would be proved when the time came. John the younger
then asked if 1 would take an oath of this at Worship-street ?
I said, " No, but if you go on with the cause, and that I am
sworn in Court, I shall speak the truth, and nothing else"
Cross-examined by 31r. Serjeant YELL.-I have known the
three Bukeridges, the sons : I know the father only by sight.
I knew nothing of Mr. Prestage till I went to him with John
and 'William to be security for the loom. lam a weaver by
trade. _

The agreement (before referred to) was here put in, but was
objected to by Mr. Sergeant FELL and Mr. LAWES, as not
being stamped, and they contended that it did not come within
the exceptions in the 55th Geo. 111., cap. 148, under the head
of agreements', which that Act required to be stamped.
The Conn.!. asked the value of the loom, and Kerr said he
could get a good new loom for 31.
The JUDGE then overruled the objection ; but at the request
of the plaintiff's Counsel his Lordship took a note of it.
The agreement was now read. It was to this effect :—That
the parties, Johni Bukeridge, William Bukeridge, and James
Kerr (the witness) agreed to return the loom lent without da-
mage, or the value of it, and whatever might be due upon it at
the rate of 4d. per week. To this .John and William Bake-
tidge signed their marks. John gave his residence as 13, John-
street, ilackney-fields. Witness did not know where either
John the father or John the son lived.
Bukeridge, the father, was here recalled, and asked where
he resided? He answered, at No. 13, John-street, Hackney-
fields. His son John did not live there. He lived at No. 4,
Three-coal-corner, Hare-street, Bethnal-green, three quarters
of a mile away from him.
One of the Jury here asked Bukeridge the elder whether he
could write ? He answered that he could a little, but not well.

Dr. SWABEY opened the pleadings in this curious case, in
which the above society are proceeding against the churchwar-
dens of St. Andrew's for ejecting them from seven certain pews
in the said church, which have from time immemorial been as-
signed to, set apart for, or occupied by the Principal, Ancients,
and Grand Brothers of Staple Inn. Dr. Swabey said this was
a cause of perturbation of seats ; and then recapitulated the
proceedings which had been had upon it.
Sir CHRISTOPHER ROBINS 01•:, said he had read the libel.
Dr. ADAMS appeared as Counsel for the churchwardens, and
opposed the admission of this libel. This was a claim set up,
in terms, exclusively of the parishioners and inhabitants of St.
Andrew's; it was a possessive right set up by the Inn of Court,
as against the right of the parishioners generally.' The claim
of the Inn was asserted, as appurtenant to the messuage or
Inn of Court, being situate out of this parish, called Staple-Inn;
and it was quite clear that in the event of the case being proved,
it was a claim that was not merely exclusive of the parishioners
and inhabitants, but equally exclusive -of the ordinary himself;
for the ordinary could have no right in virtue merely of his own
office, to assign pews in a parish church to those who paid no
parish rates, who d weltnot in the parish, and who, together with.
their house or inessuage, were in every respect extra-parochial.
This, then, was a claim distinctly against the general lave.,
which rested the right to seats solely in the parishioners ; and
though he was ready to admit the force of particular exceptions
founded on prescription, on a faculty, or on other grounds, he
contended that those grounds must be erica juris ; distinctly
and definitively laid and proved. The Learned Counsel then
went on to argue that here neither prescription nor faculty could
be shown. The prescriptive right could only subsist with the
fact that the messuage to which it might have been at some
time made appurtenant should be within the parish. Here, on
the contrary; the parties moving the question described them-
selves as an extra parochial house or society. Again, a prescrip—
tive right in these matters, let it ever be so good or valid, presup-
posed the existence of a faculty. No faculty, however, could be
shown to have been taken out at any time by this society. But
what it was incumbent op them on the present occasion to
rove was, not so much the right to any particular seat or seats
in the church, as the right to sit there at all. Now neither fa-
culty nor prescription could confer the right to sit there at all
on any non parishioner, to the prejudice or constraint, as,to
room, of those who were parishioners. This it was beyond the.
power of the ordinary, in whom was the distribution of seats to
parishioners, according to his judgment of their rank, order,
and gradation, to do ; for it would be to take away from pa-
rishioners a right which the law had conferred upon them. Still
less, then, could it be said that the rector and churchwardens
could, at any former time, have legally given such a right to the
Society of Staple Inn. Parishioners, on the other hand, were in
all cases legally thus entitled; and for these reasons, they paid
the parish rates ; and especially they paid for the repairs and
sustentation of the fabric in which the pew stood. It was dis-
tinctly laid down in Blackstone (Comm. v. 2. B. 2. c. 17) that
" a prescriptisn cannot be for a thing which cannot be raised
by a grant ; for the law allows presenptions only in supply of
the loss of such original grants.' Why lie.had shown that the
ordinary even could not grant that which this society claimed
as a right, and he should like to hear what species of tither
grant the ingenuity of his learned friends could devise on this
occasion, as likely to have been made to the society. A case
had been decided by the Court's predecessor (Lord Stowell)
from the chair in which it now sat, that bore strongly on
the general question here at issue, though not upon the par-
ticular facts of the case. He meant that of Walter .v.
Gunner and Drury." (1 Vol. Dr. Haggard's Rep. p. 314.)
There the Judge said, " This is a proceeding against these
Churchwardens, calling upon them to show cause why cer-
tain persons should not be seated in church ; and certainly
the case itself very properly goes on the illegality of the trans-
fer of pews ;" and (p. 3)7) the Learned Judge added " all pri-
vate rights in pews must be held under a faculty, or by pre-
scription, which pre-supposes a faculty • and no faculty in the
present case was even granted to that effect" (namely, to en-
able a person ceasing to be a parisnoner or inhabitant of a parish
to transfer a pew to another) ; " for the ordinary must have ex-
erccised his discretion lest he should ttepopulate the church of
its own proper parishoners, the inhabitants ; which, however,
would have been the case, had he granted such a faculty as to
enable this party so to transfer." And again, (p. 319)
" Even it' there was prescriptive right, it could not be ex-
ercised by tranferring it to persons not inhabitants of the
parish or. of the house to which it had been made appurte-
nant." The Leaned Counsel contended from these authori-
ties, and from the doctrine laid down in " Watson, ch. 39,"
and " Gibson, p. 197," the dictum of Lord Coke upon the
same subject—that of ' Judge Buller in " Stocks v. Booth,"
(Term Rep. 488), and " Petman and Bridger," in the Arches
Court (Dr. Phillimore's Reports, vol. 1. p. 316), that the claim
of this society to certain pews in the church of a parish, within
which they were not resident, and the rates levied in which
they were not liable to, could not be sustained; that therefore
it would be needless for the Court to proceed further in the
cause, if it should be, as he mated it would be, of opinion that
the libel ought to be rejected; and finally, that by its rejection
of such libel, the Court ought now to conclude the cause.
Dr. JENNER, on the same side, addressed the Court at con-
siderab,e length.

Dr. SWABEY and Dr. Lusirrwclrox were heard in support
of the libel given in by the society.
Sir CHRISTOPHER ROBINSON! said he should take time.to
consider the able arguments of Counsel, and the authorities
cited, before he decided as to the admission of the libel.

ENGLISII ACADEMY AT ROBIE.---DUTITICT the
winter of 1821, the English students in painting and seulp %Ire,
resident at Rome, established by subscription among themse
an academy for the study of the human figure. They hired a con-
venient place, and engaged alternately some of the finest models
in Rome. This season the English again assembled to renew
their studies as before, when they received the offer of 1.00/.
from Ms. Hamilton, our Minister at Naples, to meet the ex-
pences of their Academy. This liberal offer was accepted,
and it is hoped that it may become the means of esta-
blishing a National Academy in Rome, the advantages of
which must be evident to every man who has considered its
importance, and the opportunities which are there afforded for
completing the studies of an artist.
GAS LIGHTS.—Four tradesmen in Leeds were summoned
before the Magistrates, and fined in a mitigated penalty of one
guinea each to the infirmary, for a gross violation of their con-
tract with the Leeds Gas Company, by unlawfully perforat-
ing their burners, and thus causing a profuse waste cf, Gas.
The penalty authorised by Act of Parliament 50/, but the
proceedings were quashed on the submission of the defendar t 3,
who were discharged on payment .of the above fine, and the
costs of the surnrnots.

FOREIGN INTELLIGENCE.

PARIS, NOVEMBER 27.

It "is said that the Chamber of Deputies wild
open on the 15th of January next.
The reports of a treaty of commerce concluded
between Spain and England, as well as the news
of the rout of the Army of the Faith, caused
yesterday a mafked' rise in the public funds.—
Without disguising the disagreeable 'conse-
quences which' such a treaty might produce on
French commerce, the intimacy farmed between
a great
Power and the Spanish Government, ap-
peared a new probability in favoqr of the main-
tenance of peace. The present advantage only
'was seen, without calculating the future evils;
and consequently the price of stock, and more
particularly of the Spanish funds, was sensibly
ameliorated. We can besides announce that,
according.to correct information which has reach-
ed us, the treaty of commerce between England
and Spain is not, yet signed, as has been reported.
The bases only have
.been laid down ; and the
Spanish Government, dissatisfied with the pro-
ceedings of France, appears disposed to grant,
facilities to the importation of English manufac-
tures, the consequences of which will be felt in
a' very disastrous manner by our manufac-
turers.—(Courier Francais.)
We can assert, that the news of a treaty of
commerce, concluded between Spain and Eng-
land, is without foundation. In the present state
of affairs, the Spanish nation doubtless wishes
for peace; without fearing war. Spain may exact
respect from her neighbours, without menacing
them by alliances. She has no need of auxiliaries
to dissipate those bands which we so absurdly
transform into an army : and she will obtain
--the friendship of States as well as the esteem
of reasonable men, with far more certainty, by
the wisdom and firmness of her conduct., than
by sacrifices and concessions contrary to her
principles. There is, therefore, no inducement to
this treaty which has been supposed-to exist,either
on the part of the Government of Madrid, which is
not in such peril as to be obliged to purchase the aid
or the neutrality of England, or on the part of
the Cabinet of London, which well knows that it
is not by imposing contributions on nations that

their good-will is obtained. The commercial re-
lations of England with Spain are better favoured
by the defenders of the Faith and all the other

enemies of the Constitutional Government than
by tariffs, the advantages of which wotild last no
longer than the danger which caused them to be
granted. England does not envy the favours we

heap on the Regency : they have served to ruin
our trade by the Pyrennees—to excite a hostile
feeling towards us in the Spanish ports=and to
secure a long preference to our more tolerant or
more politic rivals. No more credit is therefore
due to this report of a treaty of commerce, than
to that of the cession of Cuba, which has also
been circulated.—(Journal du Commerce.)
Letters from Bayonne, dated the 21st, state
that news was there expected of the operations
of the Army of the Faith, under the command of
General Carlos O'Donnel, and that all that was
then known was, that that army occupied the-en-
virons of Irati.—(Gazette de France.)
Letters from Barcelona state, that on the 3d a

,company of militia arrived there from Mahon.
They had volunteered to fight against the factious.
On the preceding night 74 Franciscan monks
were shipped off, it is supposed for the Balearic
islands.
A letter from St. Sebastian dated the 18th
states, that on the 16th the Governor of Irati,
Don Ramo Pcy Marti presented himself to the
Authorities of that place to' implore the benefit
of the amnesty, and that a report was circulated
of Zabala having been killed by one of his men,
who' afterwards repaired to Bilboa.—(lndicuteur
de Bordeaux.)

An evening journal announces that the Vis-
comit de Montmorency was to leave Verona on
the 23d to return to France. A letter which we
have before us, in fact, states that his Excellency
was to leave that city on the 23d or 25th, and
that according to all appearance he would b•ing
the declaration so impatiently expected.—(Ga-
zette de France.)
L'Etoile announces, that the Baron 'd'Eroles,
•who had at first thrown himself into the valley of
Aran, has since gone to Seo d'Urget, being re-
solved to shut himselcup there with 100 men.—
L'Etoile hence infers, that the affairs of the
Regency are not so unfavourable as they have
been represented. We doubt whether the readers,
of that paper will from these facts draw the same
conclusion.--(Journal de commerce.)
Thus, then, is the destiny of this formidable
Army of the Faith, which was to conquer Spain,
nearly accomplished! Quesada is at Paris ; the
Trappist at Toulouse ; and the Baron d'Eroles

is compelled to shut himself up with 100 men.
What, will become of the famous loan to the
Regency of Spain ? It is certainly well se-
cured !—(Constitutionnel.)
An extraordinary correspondent of the _dugs-
- burg Gazette pretends that M. de Chateaubriand
has somewhat astonished the diplomatists at Ve-
rona by endeavouring to impose his opinions upon
'them, especially as from his personal situation
,he had no right to form a part of the Congress,
be being no Minister. His propositions, it is said,
nye been generally rejected. It seems, how-
ever, that the Noble Peer of France had at least
succeeded in exciting'some doubts in the minds
of 'the Sovereigns, and that he has contributed to
fortify the Emperor of Russia and Prince Met-
ternich in their previous disposition for a war
against Spain. But the Duke of Wellington is
said to have cooled these warlike ardours, and to
have surprised the Congress by talking to them
,of charters and constitutions.

The news from the frontiers of Spain announce
that Mina's proclamation is producing the best
effects on the re-establishment of public tran-
quillity. A great number of the armed soldiers
of the factious have submitted.

It appears that the decision ,of the Congress

will not be known until/the first days of Decern-
.Let. Were it possible at present to put faith in
report, it might be regarded as probable that
'Viscount de Montmorency, Minister for Foreign

Affairs, will arrive at that period, and it is then
that some reasonable conjecture may be formed.
According, however, to the opinion of men who
seem to be well informed, it is not certain that
the question of war or peace will be determined
at the moment a the breaking up of the Con-
gress.

They pretend that the Declaration if one be'
made in common, will be drawn up in terms so
vague, as to present no solution. The real diffi,
rutty appears to be how to give it a form suitable
to all the Powers. It may, indeed be conceived
that the menacing language which our Cabinet
would employ may not be equally adapted to the
political considerations of another; that France,
for example, may wish to go farther than Eng-
land ; and that Austria may not be disposed to
go so far as Russia, It is therefore supposed
that the matter will be adjusted by each Power
making a separate declaration -relative to Spain
and the form of. her Government.—(Constitu-
tionnel.)

A private letter from Vienna ,of the 16th No-
vember states, in the most positive terms, that
Austria will not take part in any war, either
against Turkey or against Spain o,—(lb id.)
The Quotidienne states, that the Trappist,
after stopping two days at Toulouse, has gone to
Perpignan..
COURT OF CORRECTIONAL POLICE.

'Yesterday: M. Couvier appeared 'before the
Court, charged with publishing a libel, under the
title of " Petition for the Villagers who- are pre-
vented from dancing." The libel was described
to be an outrage on religion, and calculated. to
excite hatred against the Government. M. Cou-
vier was accompanied by his Counsel, M. Ber-
ville. On being called on for his name, he de-
clared himself to be " Paul Louis Couvier, vine-
dresser, of Vertez (Indre and Loire)."
It appeared that the libel had been written in
consequence of the Prefect having, on the request
of a. priest, prohibited the usual dancing of the
peasants on Sunday. evening. The king's Advo-
cate observed, that the title showed the malig-
nity-of the author, as its terms indicated a gene-
ral prohibition, whereas the decree of the Prefect
of the Indre and the Loire had only interdicted
it in the commune of • Azai. The author called
himself, en the title page,' a vine-dresser," be-
cauie he was a proprietor of vines ; and he de-
scribed himself as having been formerly" a horse
cannoneer," though it appeared that he had been
a superior officer in the artillery. His object in
doing this was to put bimself on a level with the
people he 'wished to provoke to rebellion. There
was also added—" Left the prison of St. Pelagie
last year." Hitherto, persons, accused
,had left it
to the Public Prosecutor to bring to recollection
their preceding convictions ; hut here a punish-
ment is made a title of honour. 'He then read
several passages, the spirit of which was, that the
people were now prohibited from working or
amusing themselves, and told that they-should do
nothing but pray.--7." But what burden do you
think we have to bear?—Children, old men,
monks, lacqueys, courtiers—what a number of
folks to maintain, the greater part of them most
magnificently. Then comes the splendour of the
Throne, and the Holy Alliance, too I.—what
costly things !—what an expence
" The Curate of Azai is a young Man, bitrning with zeal—a
conscript of the Church militant. He has succeeded, through
the Prefect, in preventing us from dancing, and he will soon
get us prohibited from singing or laughing. Soon did I say ?
Our young men have ,already been reprimanded and threaten-
ed, for songs and for having laughed. This is not the first time
that the Ministers of the Church have called to their aid the se-
cular arm in the conversion of sinners, for which the apostles
only employed the Gospel, agreeably to their Master's precept.
Jesus said, Go and teach." But he did not say, "Go with
gendarmes, and teach, through the Prefect !"
" The village girls are often fond of a dancer, who, after some
time spent in love and courtship, at last becomes a husband.—
All that passes publicly-411 that is fair—and, besides, far
more decent than the secret -conferences with those young men
who are dressed all in black."

" We are now obliged to fast by ordinance ; not of the Phy-
sician, but of the Prefect."
After reading a great number of extracts, the
King's Advocate concluded by requiring that the
seizure of the petition should be declared valid,
and copies' be detained ; and further, that the
Author should be sentenced to 13 months' impri-
sonment, 3,000 francs fine, and the expences of
the

M. Berville, counsel for the defendant, made
some legal objections to \the prosecution. He
wished the trial to be postponed in order to dis-
cuss the question of the libel itself.
The Court withdrew to deliberate, and on
returning pronounced the following decision :
" Whereas the passages charged in the reprehensible work
of the .Sieur Couvier, published with a view still more repre-
hensible, are not sufficient 'to constitute the offences provided
against by the law, the Tribunal dismisses the complamt insti-
tuted against the said Sieur Couvier."

VIENNA. Nov. 16.—An account from Corfu, of 24th Oct.,
gives us an extract from another of the 21st of the same month,
from Prevesa, containing some more recent particulars of the ex-
pedition of the Turkish Commanders Omer Brine and Mehe-
niet Pacha, against Missolunghi and the Gulf of Lepanto.—
These accounts say, that Mehemet Pacha was at Kachori, and
had possessi, of the greater part of Acarnania. Omer Pacha
was advancing in the same' direction by way of Arta. Several
Chiefs of the Insurgents in Arcania had submitted to the Porte.
Nothing farther had been heard of the Suliots since the emigra-
tithi to Cephalonia. It was, however, thought doubtful in
Corfu, whether the Turks, even though they should make great
progress on this side, would be able to accomplish the conquest
of the Morea in the course of the winter, without a powerful
operation from the Isthmus of Corinth.
The plague still prevailed in Arta and Joannina, but had of
lata 'rather abated.—(Austrian Observer, Nov. 17:)

MARSEILLES, Nov. 4.—We have news here that the
Turkish fleet appeared oft' Scio in the middle of October, and
took on board fresh provisions on the coast of Asia Mi-
nor. It was inferred from this, that the fleet would not yet
return to the Dardanelles, but undertake an expedition against
some island in the Archipelago. An attack on Samos was par-
ticularly spoken of as probable, but up to the middle of Octo-
ber it had not been made. Many persons are of opinion that
these reports were spread merely to keep up the expectations
of the Turks, and not let them sink into despondency, which,
in fact, according to the unanimous account of Frenchmen in
the Levant, has almost every where taken the place of their
former arrogance. Constantinople alone is an exception ; no
more moderate system has yet been adopted there to satisfy the
just complaints of the' Foreign Ministers. They have most 'of
them interfered with great zeal for their countrymen, and de-
manded the removal of the many burdens under which they
suffer. Hitherto the English Legation alone has been success-
ful in its demands, as the English in general enjoy peculiar
favour at Constantinople, and the whole Turkish Empire. The
navigation of the Black Sea, and the intercourse with the Rus-
sian port on it, is an eyesore to the Turks, and they do every
thing on their part to obstruct it.
TRIESTE, Nov. 4.—FrOm the depositions of the Captains of
the Austrian vessels that have arrived at Trieste from Smyrna
within a few days, it appears that two Austrian brigantines,
the Palemon and the Sincero, commanded by Captains Calvi
•and Palini, and accompanied by an armed brigantine, had
sailed from Smyrna, laden with provisions for Napoli di

Romania ; that- they were taken by the Greeks, and that two
Austrian frigates had sailed from Smyrna to Hydra and
Spezzia to demand an account of them, The' Captain of a
Sardinian brig, in twelve days from Smyrna, confirms the
above, and adds, that the Greeks had carried into Spezzia
French ship laden with corn, but that a French frigate had
released it, and compelled the Greek Captain to pay an indem-
nity of 32,000 piastres. The Captain of the Austrian brig
Waterloo, in 24 days from Smyrna, relates the same particu-
lars ; and adds, that the Austrian Ambassador at Constan-
tinople had sent a courier to the Commander of the Austrian flo-
tilla, with orders to do his utmost to have the Austrian flag re-
specled and protected, and not to regard any opposition from
the Greeks, of whatever description it may be ; that he had
landed at Zea, where he was told that the great Turkish fleet
had failed in its endeavours to relieve Napoli di Romania, and
had gone either to Suda or to the Dardanelles.
TRIESTE, Nov. 11.—The Captain of a ship from Ancona
relates that news had been received there on the 6th from Corfu,
that Napoli di Romania had surrendered on the 20th of Oc-
tober to Pietro, Bey of the Mainotes.—(Allgemeine Zeitung,
Nov. 21.)
SEMLIN, Nov. B.—The post from Salonichi, of the 20th,
and from Seres, of the 22d November, is arrived. The late re-
port, that Abdallah Pacha had disappeared from Salonichi, is
not confirmed. Tranquillity prevailed in both these cities.—
Three Beys had been sent from Seres to Asia because they had
refused to join the corps of Jussuf. Pacha intended against the
Mores.—(Allgemeine Zeitung, to Nov. 21.)
FRANKFORT, Nov 21.—Accounts from Vienna, of the 16th
inst. have been received at Frankfort by express. At the same
time that news was.received there of the falling of the French
and Spanish funds, letters had also arrived there from Verona,
the contents of which were very pacific. They stated, among
other particulars, that the Congress would close by the end of
this month, before which time all its labours would be complet-
ed. These accounts have had a favourable effect here on the
price of the Austrian funds.
VERONA, Nov. 12.-1 t was thought, some time ago, that
the evacuation of Piedmont, by the Austrian troops, was a
point agreed"upon, in the pFeliminary conferences which took
place at Vienna, between Prince Metternich and the Ministers
of the other great Powers. It is now reported, however, that
unexpected difficulties have arisen on this subject, because
Austria judges it requisite, for the maintenance of tranquility
in the kingdom of Lombardy and Venice, to retain, for a cer-
tain time, a numerous garrison of its own troops in the fortress
of Alexandria.
BRUSiELS, Nov. 25.—Letters from Paris affirm, that several
dignitaries of the Order of Malta, now in that capital, have
well-founded hopes of seeing their applications, to the Sove•
reigns met at Verona, completely successful. The great diffi-
culty will be to give them an island in the Mediterranean, for
the seat of the Order. England will never consent to give up
Malta, which insures its maritime supremacy in those seas,
and which fortunate circumstances have placed in its hands.—
Sardinia ig again thought of, and it is even said, that proposals
have been made to the court of Turin, to cede that island, on
receivingsufficient
a indemnity.—What we say is founded on
information received at Paris from Verona, which seems to be
of a nature to merit attention.

V Gentian Papers assert, that a resolution is again stated to
have been taken by the Congress at Verona, relative to in-
dividuals condemned by the tribunals in their own countries,
for political offences, and who have sought an asylum in Fo-
reign States.

SPAIN.
MADRID, Nov. 17.

For some days past we have had nothing but banquets and
merry-makings in the capital—amOngst the rest, the Inspectors-
General of Infantry celebrated by a brilliant fete the successes
obtained by the national forces in Catalonia. Count d'Abisbal
O'Donnel, who presided at this entertainment, proposed that
the company should form themselves into a private .company of
volunteers: the idea was received with'enthusiasm. The ex-
Deputy Golfin was the first to enroll himself; his example was I
followed by a great number of the company, and it was resolved
that Riego should be invited to join the new regiment. A de-
putation in consequence proceeded to the house of the General,
who immediately hastened to the meeting and enrolled himself
amidst vivas. It has been decided that the regiment shall be
entitled the Volunteer Company of the inspection of infantry.
Another entertainment more sumptuous than the former took
place on the 10th, in one of the societies. Upwards of forty
Members of the Cortes, and a great number of distinguished
Liberals, were present: the Constitution, and Mina's brave
army, were repeatedly toasted. On the 12th the clerks of the
different Ministers dined together in the street d'Alcala. It is
announced that the National Guard will give a second fete in
celebration of the triumphs of the constitutional army. Ac-
counts from Andalusia prove that a similar enthusiasm prevails
there ; indeed, the expression of opinion among the wealthy
classes is everywhere very decided.
The negotiations with Portugal stand precisely in the same
situation as before. it appears that the Portuguese Govern-
ment persists in requiring us to cede Olivenza, which our Go-
vernment thinks it cannot in honour consent to. The Portu-
guese troops, however, still maintain their former position on
the banks of the Minho. It is rumoured that the influence of
England has impeded the execution of the treaty ; the cabinet
of Lisbon being not unwilling to enter into one with that
Power. On the other hand it is said, that the policy of the
Holy Alliance has had some share in preventing the negocia-
tions between the two nations of the Peninsula from being
brought to a conclusion.
Government has adopted the most wise and energetic mea-
sures for ensuring the surrender of Mequinenza. This town is
now the only place which the rebels possess in Arragon. When
Mequinenza is occupied by the constitutional troops, the rebels
will be compelled to retire towards the frontier, where they stil
retain possession of Urgel and Irati, their last holds, from
which they will soon be driven by the bravery and activity of
their oponents.
A letter from Burgos says—" The sth of this month (No-
vember) was a joyful day for the friends of the present order of
things. The brave Obregon entered this place with 338 pri-
soner:s, whom he captured on the 31st of October, in the en-
gagement with the priest Merino, at Rosa. These unfortunate
men, far from being depressed by their fortune, entered the
town singing patriotic songs, and shouting " Long live the
Constitution ;..Long. live Riego !" At the same time they
utered imprecations, against
,the -traitor who had seduced or
compelled them to follow him. -
They all eagerly demanded arms, that they might march
against him or the rebels of Catalonia.
The Landaburian Society held a sitting lately, upon which
occasion a regiment, composed of children, between 10 and 12
years of age, and commanded by an officer 12 Years old, mount-
ed guard at the door. General Riego addressed the Society,
and in the course of his speech made the following observations:
—" Hitherto the people have not experienced the effects of our
regeneration, because the reigns of Government have been placed
in impure hands ; they have been held by persons who have an
interest opposed to that of their country ; and although the pre-
sent Ministers are actuated by the best intentions, they have
found that they have to direct a nation that is paralyzed, or 1
should rather say a nation that is two inches in the grave : time
is necessary to restore its vigour and consolidate its resources.
In calling upon you to be united, I do not mean that you should
maintain a union similar to that of the Annilleros and Caman-
ists, the partisans of the French Charter; but the union which
distinguished the friends of the Constitution in 1812."

The Duke de l'lnfantado has been arrested and sent to Ma-
drid. It is said that he embarked at Corunna, with the inten-
tion of proceeding to England instead of the isle of Ivies,
which wat assigned as the place of his retreat whilst in exile ;
a storm having arisen, the ship was obliged to put back, and
the Duke was placed under arrest.
Government has nominated the ten members of the Com-
mittee, appointed to examine the claims of the soldiers and mi.,

litiamen who demand the decoration which is to be worn as a
mark of honour, by the defenders of the Constitution on the
7th of July. The Committee have received orders to weigh
nicely the patriotic feeling of each claimant, and to let their
choice fall only on noble spirits.

In the Sitting of the Cortes on the 10th inst., Don Bertrand
de Lis addressed that assembly in the following terms :—" As
a Spaniard and a Representative of the Nation, I can no longer
suffer myself to pass over in silence the continual insults
which the French Government is heaping upon us. I there-
fore feel it my duty to submit the proposition which lam
about to state to the consideration of the Cortes. I propose
that the Cortes shall direct the Minister fbr Foreign Affairs to
demand a pledge from the French Government, that it will no
longer afford protection to the degenerate Spaniards who retire
into the French territories, in order to conspire against their
country. I also propose that the same Minister shall be directed
to demand a clear and decisive explanation from the French
Government, as to whether it wishes to be considered as the
friend or enemy of Spain ; and that he shall communicate the
declarations that the French Government may make to' the
Cortes, either in a public or private sitting, as shall be deemed
most fitting." He then proceeded to state his reasons for mak-
ing the proposition, and concluded thus :—" Spain has not pro-
voked, and will not provoke war. Spaniards knoW how to re-
spect the rights of other nations ; but if the Holy Alliance, or
the Cabinet of St. Cloud, provoke a war,' they will always find
us prepared to meet it. Spaniards are not so absurd as to ima-
gine that victory is dependent on their wishes, but they are sa-
tisfied of the firmness of their character and of their noble' de-
termination to prefer a glorious death to a life of ignominy and
degradation ; they will descend into the tomb with their ene-
mies rather than submit to be again harnessed to the car of a
ferocious despotism. If our enemies, more fortunate than we,
should be victorious, they should know that they will be mas-
ters over ruins only, and not over men who have sworn to the
constitution or death.' "

The proposition was lost upon a division, tile numbers being
—in its favour 54, against it 66.
BAYONNE, Nov. 2.1.—A report has just been spread in this
city that General Torrijoi, who bad been for some days in the
vicinity of Salvatierra, four leagues from Vittoria, at the head
of about 2,500 men, had an engagement on the 15th with the
united bands of Navarre and. the three provinces, in the valley
of La Boronda, and that he completely routed them. We cannot
guarantee this news. It is affirmed that three batteries, of eight
pieces of cannon each, have received orders to march from this
place at the first notice. Major-General Longa arrived yester-
day at Socca, flying front the Constitutionalists ; it is known
that he was implicated in the affair of the 7th of July, and that
he had even shown himself on that day. Yesterday some un-
fortunate inhabitants of Estalla, who had been taken prisoners
by Guerquel and Arradonda, and who saved their lives only
by promising a snm of money, caused 50,000 francs to be paid
to the Defenders of the Faith who are at Bayonne. People
even go so far as to mention the- house which has advanced the
money, which is truly scandalous.