The Sun.
London, England, 1822-06-03 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JUNE 1.
GI
CLERICAL BARGAIN.— LORD SONDES V. FLETcliErt.
A Special Jury was impanelleu Hi Plato ca.c, to LI Aire inta
and assess damages on a bond for 12,0001. executed to the plain-
tiff by defendant, under the following circumstances :—The
defendant, a Clergyman, had been tutor to the noble plaintiff,
and in 1814 a living, in the gift of his Lordship, becoming va-
cant, he offered it to his Lordship upon certain conditions,
which the defendant undertook to perform ; and the beter to
secure such performance, executed the bond in question, sub-
jecting himself, by a breach of covenant, to a penalty not ex-
ceeding 12,0001. His Lordship had a brother, the Hon. W.
Watson, preparing for the church, and the condition of the
bond was, that the defendant, on being required to do so,
should resign the living in question in favour of this individual.
Mr. Watson having qualified himself to enter on the living,
the defendant was required to fulfil the conditions of his bond,
and give up the living. This, however, he refused to do,
and upon that refusal the present proceedings were instituted.
The execution of the bond, &c. having been regularly proved,
the Solicitor-General, on the part of the defendant, submitted
that this bond was an illegal instrument, and therefore that
legal proceedings- could not be instituted upon it. As to the
facts of the case, he should be able to prove such as would, at
all events, reduce the damages to which the plaintiff was en-
titled far below the penalty mentioned in the bond. The
living in question was indeed nominally worth 8071. a-year ;
but this value was very much reduced by the present de-
pressed state of agriculture. Besides this, the defendant was
entitled to deduct 611. a-year for land-tax and other out-goings,
and 2001. for a curate. This would reduce even the nominal
value of this living to 5501. Mr. Watson, in whose favour he
was required'to resign, was 24 years of age, and that accurate
calculator, Mr. Morgan, of the. Equitable Office, would tell the
Jury that a fair remuneration to him would be fourteen years'
purchase, or 7,7001. This would be supposing the living really
worth 5501. a year • but he would prove that it fell far short of
that sum now, whatever it might have been in the flourishing
days of agriculture. In addition to this also, he submitted that
the Jury would have to deduct from the damages to which the
Noble Plaintiff was entitled, 14001. and upwards, which the de-
fendant had expended in building a new parsonage-house, the
old one being, at the time be took possession of the living, in a
state of utter dilapidation. All these circumstances, he con-
tended, would reduce the damages to a sum little more thhn
nominal.
The Learned Counsel called witnesses in support of this state-
ment.
The CHIEF-JU ST ICE summed up, and, in doing so, ob-
served, he would not now give any opinion whether this bond
was a legal or an illegal instrument. With that question they
had nothing to do on the present occasion. The parties, if
they chose, 'might hereafter have the opinion of the highest tri-
bunal in the kingdom on that subject. The question the Jury
would now have to decide would be, what was the amount of
datnages due to the plaintiff? as the Jury would recollect, that
although the bond set out a penalty of 12,0001. they were not
bound to give that sum, but only so much of it as they consi-
dered fairly due to the plaintiff. His Lordship then recapitu-
lated the facts of the case to the Jury, and observed that he left
the question of amount of damages entirely with them.
The Jury, after a short consultation, found a verdict for the
plaintiff—Damages 10,0001.

Yesterday a Sermon was preached in St. Pa-
trick's Chapel, Sutton-street, Soho-square, for the benefit of the
distressed Irish poor.—A considerable collection was made.
The parish of St. Giles's, Cripplegate, has obtained the sum
of 1691. by a collection from house to house, in aid of the gene-
ral subscription for the poor Irish.
Amongst the least ostentatious donations in favour of the
Irish Poor, is that of Mrs. PALMER, of West Moulsey, Surrey,
who has directed her agent in Ireland to distribute fifteen hun-
dred pounds amongst the poor cottagers on her estates in the
county of Mayo. •
Past good Fortune is a fair precedent for fu-
ture. Bisu, whose success in selling Capitals
is proverbial, sold last Lottery Both the Two of
220,000, drawn last day, and he hopes, and the
Public expect, that he will sell the Two of
820,000 in the present, which, with all the other
Capitals and all the other Prizes must be drawn
in One Day to-morrow. Blues Offices will re-
main open until 12 o'clock to-night.

" The Established Church," upon which occasion the Vicar
of Newcastle, the Rev. John Collinson, the Rev. Thomas
Allason, and the Rev. J. Walker, stood up, acknowledgments
being returned by the Rev. J. Collinson.
" The House of Brunswick, and may they never forget the
:principles which seated their family on the, throne of these
nis6:eTrs_he Emsayrltohf:iLriveeorpuoLlasanedvethr ebreesatnoimf
ahtieds Majesty's realms."—Tune, " Brunswick March."
esthtye'spArilni--
ciples of Mr. Pitt."—(Great applause.)--Music.—" I*ll make
you fain to follow me."
" The Mayor and Corporation of Newcastle."
Mr. Alderman FORSTER rose, and returned thanks for the
honour conferred upon the Chief Magistrate and the Body
Corporate.
" The Members for the County of Northumberland."
" The Members for Newcastle."
t, .1... T,,,rd 7.;.utenant. (Great applause and
cheering.)
Sir CHARLES LORAINE, Part. rose, and, in very neat
terms, proposed the health of the Worthy Chairman, for whose
kind and obliging assiduities that day they were much in-
debted.—(Drank with great applause.)
Colonel CouLsoN rose, and acknowledged how deeply he
felt the honour of the compliment that had been paid him.
He was most proud in the part to which their kindness had
elected him ; and he trusted he would be able to acquit him-
self throughout the year to their entire satisfaction—at least his
efforts should not be wanting to merit their approbation.—
(Applause.)
The healths of the Vice-Presidents being given,
1111% JAMES CLARKE rose, and said, while he stood up to
acknowledge with gratitude the high honour that had been ex-
tended to his honourable colleague and himself, he could not
rest satisfied without saying a few words upon the occasion
that had that day brought them together.. He was indeed
proud in avowing himself a genuine Pittite—he was proud to
bear his humble testimony at the shrine of such transcendant,
such unparalleled talents as were those which had distinguished
the never-to-be-fbrgotren career of the illustrious William
Pitt. Not only was our dear native land preserved in all the
plenitude of its happiness and glory, but, through a wise per-
severance in the principles which that Great Man had laid
down, his successors had been enabled, completely to frustrate
the Tyrant, whose ceaseless object was the subjugation of
Europe. But Europe was saved ; and the human race were
delivered from the most serious bondage that ever threatened
them.--(Great applause.)—He feared what he was saying to
Gentlemen, who were all as well informed as himself, might
appear a tautology upon former speeches which they had heard
in that room. No matter—he was _carried away by the ur-
gency of his feelings, and he indulged the hope that his kind
friends would not misunderstand his fervour: •
" BRITAIN, as Europe owes to thee,
That she no longer bends the knee
Beneath a Tyrant's sway,
And PITT the vast achievement plann'd,
Let every Briton, heart and hand,
Hail this his natal day !"--(Great applause.)
Mr. WILLIAM LORAINE rose to propose a toast, which he
felt assured they would all drink in a bumper. It was known
to them that the Northumberland and Newcastle:upon-Tyne
Pitt Club had not long ago solicited the honour of Lord Vane
Stewart to take the Presidential Chair, as upon this day. He
(Mr. L.) being in London, had had the honour of learning from
the Noble Lord the sentiments he entertained, in consequence
of the invitation that had been transmitted to him ; and most
willingly (continued Mr. L.) would his Lordship have come
down to Newcastle, in obedience to the wishes of the Members
of the Club, of which his Lordship a-owed his pride in being'
an associate, had it been at all practicable to do so. But, ex-
clusive of some other hindrances, there was an insurmountable
difficulty in the way, inasmuch as his Majesty had commanded
the presentation of a piece of Plate to the Officers of the 10th
Regiment of Dragoons, upon the 29th of May, which warthe
very day following the Pitt Anniversary; and as he (Lord
Stewart) was to be his Majesty's proxy on the occasion, it would
be altogether impossible to go so far down into the North. But;
(added Mr. L.) his Lordship stated, in very courteous terms,
" should the Northumberland Pitt Club continue in the same
mind, and feel disposed hereafter to invest me with the honour
of the presidential functions, they may rest assured I will, with
much pleasure, accept the trust, and feel truly happy in doing
all in my power' to merit their approbation."—(Great ap-
plause.)— h e health of Lord Stewart was then drank in a
bumper, and with loud cheering.
The health of " Colonel Brandling and the Northumberland
Cavalry" havindbeen given—
Major Sir CHARLES LORAINE, Bart. rose and said, he had
much pleasure in returning his hearty thanks for the honour
just conferred upon Col. Brandling and the corps to which he
belonged. Their objects were strictly constitutional, and he
trusted they would ever be found deserving of their country's
friendly estimation.—(Great applause.)
" Our illustrious townsmen, the Earl of Eldon and Lord
Stowell," prefaced by a neat speech from Mr. William Lo-
raine. Drank with great applause, and three times three.
The essentials of the day only are here communicated. All
the interesting particulars would indeed be a matter too much in
extenso for a mere post letter; Suffice it to say; though we have
generally beheld a fuller meeting, we never witnessed a more
cordial unanimity than what prevailed throughout the whole of
4 a long and most agreeable evening.

It is under these considerations that I am again induced to
address you.
The result of the proposed change or abrogation of our ma-
ritime law, will be slowly, but certainly, to transfer the prin-
cipal portion of the foreign carrying trade into the hands of
foreign States, who are anxiously grasping at what their sa-
gacity has demonstrated to be the main cause of the power of
this kingdom.
This must be obvious, when it is known that the alteration
proposed 'will permit the Dutch or Americans, when they are
investing a cargo in India for the European market, to con-
sider the state of the British demand for such Commodities, as
much as their own, as they can without even the farce of a re-
shipment, pour their cargoes into the London or Liverpool
markets, with nearly the same facility as the British merchant
and that the soul of commerce, as Mr. Robinson calls it, will
avail itself of such an opportunity to supply this great consum-
ing country, is as clear on the one hand, as the destruction of
our marine power by such a concession is on the other.
The above argument is equally applicable to investinents,
and returns, from every other port or place in the universe, and
by every other nation. For instance, let the map of Europe de-
monstrate how admirably and intermediately Denmark,
Sweden, Holland, and the Hanse Towns are situated for carry-
ing on the trade of Russia with this country. Even in time of
peace, it will be well worth their while, supposing they only
.obtain a rate of freight equal to British ships ; the absence of
taxation in a greater or less degree in their respective countries,
will threefold more than repay them for the trifling detention
occasioned by the farcical-call at their respective ports to give
the goods a species of nationality.
Bow admirably is Copenhagen adapted to the use of the sub-
jects of his Danish Majesty for such a purpose ! They must
brush the walls of that capital as they sail from Petersburgh to
London. Bergen or Drontheirn is equally convenient to the
enterprising subjectsof the indefatigable Charles John, for the
arshihgel trade. The remembrance, of their former power and
and delight the opportuniiy aftorifecrstuati"eassintisa.splidiag
in the supply (through the medium of their vessels) of the mo-
dern consuming Carthage,—of a country, which, from a variety
of causes, consumes as much, it may be asserted, of tise bulky
articles of transit, say wood, cotton, hemp, tallow, &c. as all
the rest of the world put together. That these articles, in
point of intrinsic value, are not the most important, I admit;
but, in a maritime point of view, they are invaluable, from the
quantity of tonnage they employ, and from the number of sea-
men they create. The calculating Dutchman knows well their
value; he can expatiate upon the expedition of his ancestors
up the Thamei and Medway ; he' boasts of his De,Ruyters
and Tromps, and truly anticipates in these abrogations, the
harbingers of humiliation to his commercial rival.
Nor is America behind in calculation : an empire created,
perhaps by the folly of one Ministry, is to be accelerated in its race
of progression by thefolly of another; and as there ate no feuds
.so hostile or inveterate as national or family ones, so, probably,
the united hostility of all Europe put together does not equal
that of this rising country towards us,—a country whose capa-
bility of increase seems unlimited, and which, in little more
than the period of half the ordinary life of man, has attained.
means of contending with us, on what has heretofore been con-
sidered our peculiar element, hardly to be credited.
The tonnage,of the commercial marine of the United States,
by recent returns to congress, is stated at 1,300,000 tons, ornearly
so, for the sake of round numbers ; that of Great Britain, by
Parliamentary returns, at 2,00,000. Now, in this return of
our own country, an immense mass of river craft is included,
which America cannot have. As this statement contains every
registered vessel in the kingdom, .an idea of the number of
very small vessels included in this return may be conceived,
when it isknown that the average of the entire of our tonnage is
only 116 tons for 20,148 ships, the entire of the British com-
mercial marine.
Now, when these two statements are before. the eye of the
British Legislator ; when he reflects how short a period has
created this alarming approximation to naval equality ; when
reflects on the amazing march in the rank of nations, which
these people are making, he will surely pause before he sanc-
tions measures calculated to give increased acceleration to their
rapid progression.
The previous arguments have 'been founded on a state of
peace, when freights are extremely low ; but what will be the
effect when Britain shall be again involved in a war ?
necessary rise in insurance, wages, and equipments, will occa-
sion such a rise in the rate of freights, that the forests of the
Continent will, by the magic of pecuniary inducement, be ra-
pidly transformed into additional fleets of merchants ships,
which will, from the security of their neutrality, engross the
entire of the maritime trade. This is no flight of fancy; it isthe
inevitable result. It was verified to a great degree by the li-
cence system,•which called into existence in the ports of the
North of Europe, numerous fleets of vessels, and created hosts
of seamen, who would never have existed had it not been for
the operation of that baneful measure. •
This contemplated change is making perpetual what, under
the licence system, was only temporary. An expedient, an ex-
periment, which paid upwards of 18,000,0001. of foreign freight
in the year 1811 ; which at the expence of the best interests of
Britain, enriched the sea-ports of the North, in a manner that
to be believed must have been seen ; but still the measure was
but a temporary one. Ilope still remained. Repeal the navi-
gation
laws, and that too is fled. The distress of the present
generation, and the execration of the futures will be the result.
I would now, Sir. Matthew, ask you for what are these con-
cessions made ; where is the equivalent ? What are we to re-
ceive in return;. from what quarter is this " el dorado" to arise?
I am aware the conclusion of the Lords' report tells us it will
arise from sources which the human imagination cannot con-
ceive; and'that Mr. Robinson tells us no calculation can be
made of what the soul of commercelis capable of effecting. Now
this may be very fine, and very conclusive, to meal with that
poetical cast of imagination which he and his followers seem to
possess ; but to those unendowed with thisintuitive preconcep-
tion, men who only know their fellow men and nations as they
really are ; to men of this stamp; who can only argue of the
future from their knowledge of the past, it is totally incompre-
hensible. Surely some tangible benefit might be shewn us ;
something worth risking the destruction of ourinaritime power
for, ought to be demonstrated ; but no; nothing of the kind is
thought necessary, the assurances of these illuminati are suffi-
cient; according to them the lion and the lamb are to lie down
together, the•cupidity of nations is to• cease, and a species of

Before I close this letter, 1 would, if I might without offence,
name a race now so abject and despised, but once the pride and
boast of Britain, the theme of the poet's praise, and the legisla-
tor's eulogy, the hardy, the brave, the generous, the thought-
less seaman. He, too, with all his attributes, is to be sacrificed,
to be thrown by as the worthless deteriorated tool, no longer
necessary to your ambition or your fears. Already is he the
victim of deprivation in a degree far beyond any other grade in
society. I dare not draw the picture which 1 know to be ap-
plicable, in but too many instances, to the state of himself and
his ,haulcss family, the victims of vice, occasioned by hope.
men, for an undefined and incomprenenswie-ti.,,,,,,
titude of the worst sort; but these relaxations will do more--
they will annihilate them. Few or no seamen are reared, and
the future Nelsons of the world must chuse their followers
'in regions where they arc better appreciated than they are in
Britain.
The length of my letter admonishes me to conclude. Every
sentence I have written might be enlarged upon so as to swell
the matter beyond all reasonable limits for a publication of this-
nature. I have freely used the privilege of my birth in my,
address to you,' as my virtual representative, I. trust without
offe-nce. To conclude—the ship-owners may say, with the
frog in the fable, it may be play to some, but it is death to :is.
This must be my apology, if` one be necessary.
I am, with great respeet,
Your most obedient, servant,
MERCATOR.

P. S. Since this letter was written, I see it announced by tle
Chancellor of the Exchequer, that the tonnage duty is to b.:
taken off, as an equivalent for the injury he admits the ship-
ping interest will sustain by the proposed changes. Holy this
is to be an equivalent I am at a loss to find out : it appears, go
me like taking away a man's income, and then telling him you
will remit the tax upon it.