The Sun.
London, England, 1825-07-05 00:00:00

COURT OF COMMON PLEAS, JULY 4.

wmulfLY v. PEAR3ON.
Thiewas an action to recover damages for a breach of pro-
mise of marriage. •
r. Sergeant PEEL stated the case to the Jury. The plain-
tiff was a young-woman in- humble life, which made her set-
tlement by marriage of the utmost importance. The defendant
was engaged in the ironmongery business, and had paid
his addresses to the plaintiff for the last four years, pro-
mising on several occasions to marry her. No doubt, at
the time lie made • these premises, he intended to perform
them, but why he altered his intention would, perhaps,
hereafter appear. Several verbal promises were given, but
he should depend for the proof of the promise upon a letter, in .
which the defendant desired the plaintiff to have the bans pub-
lished without delay. Previous to this, however, tke plairitiff
had became enceinte, in consequence of the intercourse which
had untiiftunately taken place between thent ; but the dis-
covery of this circumstance, however, by no means seemed to
alter the state of the defendant's affection ; indeed, it seemed
less a change on his part than a weakness in yielding too much
to the direction of others; but as he had been the means of in-
juring The reputation of the plaintiff in some degree, she now
threw herself on the protection afforded by the law's of her
country, and he trusted the Jury would give damages com-
mensurate to the injeity Sustained.
The,grandmotheref the plaintiff was then called, and piOve4
that several verbal promises of marriage had been'given in her
presence; but that the defendant had since broken off the
match on pretence that his parents would not give their consent.
The letter was also put in and read, distinctly requiring the
plaintiff to have the bans 'published.
In the course of the grandmother's croits.examination, it came
out that the plaintiff kept company with one Lane, and other
men, going with them to dances, private theatres, &c. And
also, that the defendant once said he would marry ier with the
consent of his parents.
Mr. Sergeant WILDE addressed the Jury for the defendant.
He put it to them to say, whether the promise made was not: in
all probability conditional, viz., that the defendant had the
consent of his parents. That consent had been refused upon
the best possible grounds, as they themselves might judge from
the admissions of the witness, concerning the lightness of the
plaintiff's charaCter.

No witnesses were called for the defence.
• The LORD CHIEF JUSTICE summed up, and left it to-the
Jury to say whether the promise was conditional ; if they
thought it was, they would find for the defendant ; if otherwise,
for the plaintiff. if they found for plaintiff; in estimating the
amount of damages, they would of course take into their consi-
deration the light conduct of the plaintiff' with respect to the
►bun Lane.,
The Jury then retired, and after a deliberation of one hour,
they found a verdict for the plaintiff.—Damages 51.

•
• Accounts from the Capital of Russia state, that
on the sth ult. a terrible conflagration brokeout in Old reters-
burg, which reduced to ashes a great many merchants'
houses, notwithstanding the swot active exertions on the part
of the Pace.

There are, however, punishments inflicted upon
criminals which may be considerechts worse than
death itself. Among these may be mentioned
confinement for life, or even for fifteen or twenty
years. I f there be something liOrrible in the idea
of a violent and premature death, there is some-
thing dreadfully sickening, in that of either spend=.
ing the remainder of the immured.
,within the
gloomy walls of a dark and noisome. dungeon, or
wasting within these same walls the mostvalua'
ble years Of our lives. PtiniShinentS combining
cruelty with disgrace, may lie considered -
wise as worse than death,. s'itire,'at the same time, ,
that they degrade thi! sufferet:, they impress.upon
him a stamp of infamy, which he can never more..
eradicate, and which must hold him up to scorn
during the remainder of his existence... In this
regard they are perhaps, preferable toTapital pu-.,
nishment in allcaseiOf heinous offences, or of,thow
serious crimes which the welfare and existence of •
society require should be treated with 'the titritost! •
severity of the law. But- beneath the 'ApeciouS,.
veil of an aversion to the shedding of blood, an
absolute monarch may often inflict :punishritent?„
worse than.death could he to the mutilated suf.:.
ferer. This is strongly exemplified in the coTo..
duct of the Empress "Elizabeth of Russia towards
Madame Laponkin.
This Princess had expressed her determinatio:,
not to condemn any of her subjects to the penalty,
of death ; Madame Laponkin, the most Iseautiful
woman of her time, was perivaded to enter •int -
a conspiracy agaiiii;t tier Sovereign, which was
deteCted. Elizabeth, faithful to her promise,
:did not condemn any of the conspirators. to.
die; but glad of an opportunity . of punishing
a female whose charms she envied, condemned her
to the dreadful and humiliating punishment uf.
the knout. How this was inflicted I will gi% c
here in the words of Lord Kames,in his sketches
of the History of Man •

"At the place of execution, she appeared in e. .
genteel undress, which heightened' her beauty.
Of whatever indiscretion she might. have bec:l .
guilty, the Sweetness 'of her countenance and her
composure, lrft.uot in: the spectators the slightest
suspicion of guilt. Her youth also, her beauty,*
her life and spirit pleaded for her; but all iii
•
.
•vain : she' was deserted by all, and aban-
doned to surly executioners, whom she be. '
held with astonishment, .seeming to doubt,
whether. such preparations were intended •for-
her. The cloak that covered her bosom being • •
pulled off, modesty took• the alarm ,ridruatle.
start baik : she turned pale, and burst into tvars,B.*Nr...
One of the executioners stripped her naked 'to,\
the waist, seized her with both his bands,
threw her on his back, raising her some inches • •
from the ground. The other executioner layink"
hold of her delicate limb's with.his rough Lists,. 74.
put her in a posture for receiving the punislnd
tnent. Then laying hold of .the knOut, a•sort 4t:
ii hip made of a leathern strap,. lii:Lwith 3 sitigk*,,
stroke tore off a.s lip of skii,,trookitle,.wek-dox,.+
ward, repeating his strokes till all'the skin of tier
back was cut off in small slips. "The executioner; • -frk
finished his task with cutting off itr,siangires;-
after which site was banished to Siberia."

A. P.

....; y:=

RLIALENT.

HOUE OF Lk/lA.Oz, MONDAY, JULY 4.

An Officer from the Treasury presented at the bar minutes of
the regulation of the office of the Clerk of the Pells.
The Earl of HA RROWBY laid on the table the report of
tflf! Committee on the state of Ireland.
The Earl of DARNLEY said, that this was a very import-
ant document, and that many valuable suggestions were con-
tained in it. He was convinced that there could be no perma-
nent tranquillity in Ireland until the-. claims of the Catholics
were acceded to. He was sorry that the Noble Earl opposite
had, in the late discussion, given a stronger opinion against
concession than on . any former occasion. He also regretted
that the Committee had recommended no measure to the House
on the Catholic question. It, was the same with regard to the
elective franchise ; for although all the members of the Com-
mittee concurred in thinking its present state very mischievous,
they had suggested no means of correction. The Noble Lord
made many observations on these topics, which were not heard
below the bar.
The Earl of LIVERPOOLwouId not discuea the topics into
which the Noble Earl had entered, but thought it necessary to
notice two points. Though it was irregular to refer to the
somrcee in which his opinion was to be found. if the Noble Earl
did refer to them he would find that he (Lord Liverpoolj- had I
not expressed a stronger opinion this session on the Catholic
question than on former occasions. With respect to any re-
commendation on the subject to which the Neble Lord had
alluded from the Committee, it would have been contrary to
all practice. The business.of the Committee was to report in-
'formation. It was necessary that the House should first recog-
nize the principle, before •a Committee could recommend any
particular measure.
The Earl of DA TINLEY explained.
Lord DUDLEY and .WA R D presented -several petitions I
from the Journeymen of different trades in Birmingham and its
vieinitV,, against the Combination Laws Bill. Being acquaint-
eel with that part of the country, he could say that the rise which
had taken place in the price of labour had not been caused by
the Combination Laws.
The Marquis of LA NSDOWN presented a petition from
earners and occupiers of land in the neighbourhood-of Axmins-
ter in favour of the Western ship canal.
EarI:GROSVENOR alluded to the Free Labour Bill,- and
from the few observations which were audible below the bar,
was understood to say, that he hoped the measure would he
completely adopted in the ensuing Session. While on this
subject, he took the opportunity of observing, that what he said
a few days ago had been misrepresented. • He had been made
to say that he had no hope of slavery being abolished ; whereas,
what ,he had said was, that he had no hope of the slave.
trade being abolished, until slavery was. The Noble- Lord
also mentioned, that a considerable part of his speech on that
subject had not been given.

COMBINATION LAWS.
The Marquis of LA NSDOWN had several petitions to pre-
sent against the Combination Laws Bill. He expressed his
re.eret that the House should be called upon, within two days
of the prorogation of Parliament, to pass a bill which was of
so important a nature, that it -ought to have engaged the at-
tention of their Lordship for a considerable time. In addition
• to this precipitation into which they were driven, their Lord-
ships were not assured that the informationziecessary to enable
them to come to a proper decision was on the table of the
House. Under these circumstances, it was with great reluc-
tance that he gave his assent to this measure. _The short-time.
which was allowed to their Lordships incapacitated them from
obtaining sufficient information on the subject. Yet, as upon
• -the whole he thought the measure necessary, he .should not
oppose it. Thepentions he had to present prayed that Counsel
'Might be heard against the bill, and if there were time, it
would be their _Lordships duty to accede to this prayer; for
• -they ought to give their assent to no law, however necessary it
' might appear to them to be, if any considerable body of per-
son thought themselves aggrieved by it, without first hearing
.what such persons had to say against it. At another period of
the Session he would have thought it his' duty to support the
. 'prayer of the petitioners. and to move that their Counsel be
heard. In the present case, however, he could only move that
the petitiors do lie on the table.
The Earl of LIVERPOOL thought there was sufficient time
for any discussion of this Bill which could be necessary. The
measure arose almost entirely out of the Bill of last session,
Which had been hastily passed. He had not been aware of its
extent, and did not; till It came into operation, know its pro-
visions. There were, as their :Lordships knew; many. old
statutes for the regulation of labour, which had an injuriouti. in.
flu erre on trade. Had the,Bill been, as be understood it, Con-
fired to the-repeal of thoae statutes, it would have been a very
proper measure. But what did it do ? i-lt at one sweep repealed
the whole of the common law respecting the relations of master_
and servant. Soon after it passed, disturbances and acts of vio-
lence t sett place in different ports of the country ; and it became
absolutely necessary to pass some act on the subject, before the
session closed. Though certainly brotl2,ht up at a very late
period of the sesAon, he had no difficulty in saying that he
considered the act indispensably necessary. Even if there were
.py detects in the measure, the allowing them to piss rota('
not beconmared *With the mischief which would follow if the
tswveere left in Its present 'state. This bill not only prevented
the combination of Workmen against =Loci* and of masters
against workmen; but: prevented the combination of workmen
• rtgainet workmen. This was aproteetion which the honest and
good workman hat} x right to expect. The present bill repealed
the act of last session, but in doing so it also repealed all the
- old restrictive statutes which were repealedby that act, while it
restored the common law to its former state. Objection had'
been motto thetlatnie for protecting workmen which contained
the word " Molestation," but that was a word well known to
the law, anti would have a fair interpretation. • The present bill
alloWed an appeal from the decisions of Magistrates to the
quarter sessions.
The Marquis of LANSDOWN wished his opinion to go
forth, that onte. measure of this kind was nesessary, and more
• particularly that it was necessary to protect the workmen against
therm:elves. lie wished every facility to be given both to
masters and workmen to consult about the rise or fall of wages,
bet it was obVttous that no manufacture could be
.carried. ow if
any-persons could dictate to masters who should be :employed,
and prevent men from exercising their right of labouring on
Whatever terms they might please. This was what never could
be tolerated in a free country. .Such a practice never could be
sanctioned by law ; and what the Legislature would not be au-
thorized to do, surely ought rot to be allowed to be done by
indieiduale; If the interference of workmen with- each other
were perniitted to ga.on, trade would be forced from one. place
to another; until it would at last be drlien out' of the Country.
-However, he must say again, thanif any body of persons should
after the Bill has passed, continue to think themselves aggriev.
ed by it, he should' next session vote for their being "heard by
counsel again:delve act.
The LORD CHANCELLOR having pointed Out an irre- ,
gularity in the subscription of the first petition, which purported
to be from the delegates of the journeymen of different trades in
London and Weitminater.eit was withdrawn.
The Marquis of LANDOWN then presented petitions from
the hi'oad silk-weavers of Manchester, the broad silk-weavers
of apitalfiehiS; and the • journeymen ladies' boot and shoe,
•
makers of Westminster. •
• The Earl of RQ,SLY]ti concurred in the necessity of pro-
tetting workmen from the effect of combinations among them.
selves lint as the Bill gave them the power of consulting about
their wages, .he thoughttt woald be proper also torgive thetn.the-
poiver of consulting respecting such regulations in their ye-
spettive tradeS as Might affect their interest's. The Noble •Earl
presented petitions against the Bill; from the shipwrights ofthe
river Thames; the hewer-looin weavers of Manchester; the ca.,
lino printers, and the COtton-spinners of Glasgow.
The Bart of DARNLEY exp.:wised- his surprise-that:his
ajesty's Prime Minister should have been so ignorant on the
subjectof a.arill which had passed in the cOurse.of last Session,
•aud that.bill en important a one., '
On the Motion of the Earl of LIVERPOOL, the Hattie
solved- into-Committee on- the Bill,
• .The'Marguis! of IiANSDOWN thought the punishment in-
•fficted by the: hill-too severe._ He would move to leave
out the words- "- hard labour," and he would consent to' in-
sert "six. months" instead of " three," before the word stn.'
prisonment.
The Earl of LIVERPOOL could riot conceive that there
was any necessity for the amendment, becarise another clause in
• the Act gave a party sentenced to that punishment 'bra Magis--
trate, aright of appeal to the Quarter Sessions, with, interme-
diate suspension of the punishment.
The Earl of ROSSINN wished tohave the right given by
the clause for allowing journeymen to meet for certain purposes;
extended and strengthened by the addition of a few words,whkh
•be proposed-for that purpose.
The LORD CJAANCELLOR said that the clause as it
stood would bear the very interpretation which the Noble Earl
desired, and if it were brought before him, sitting as a Judge,
against any party applying. for his Habeas Corpus, in. a more
oppressive sense, he would discharge the prisoner:
The 801 piesed the Committee without amendment, and was
.r ported. The minding order was dispensed with, and the
Jill was read a third time and passed.
Earl GROSVENORcaIIed the attention of the House to the
case of Jones, who' had been refused payment in Auld by a
Bristol hank in exchange for their-own notes, though they offer-
ed notes of the of England. Before the Restriction Act
of 1797, the law for comelling payment in gold was of a very
summary description. That Act had not been revived with the
. resumption of cash payments which restored the currency. The

WEST IND

STOCK ACCOUNT fur the
- of Jul

Articles.

I - {llluls
i West India Trs
ails
Sugar Brazil - Chests
{ilavanah Boxes
East India & ) Bags
,'Mauritius
Molasses. . - Casks
Rum - ( l'o s
a.
1 lids
( lt
Brandy - - ids 1 '
__ I

2,719
27t;
157

IloHands - . IMI
Arrack - . Casks
Wine - - 1 rii,llV
Coffee • - - ''l7 11:3 i
Bags
(
Do. British Plantation ills
• • Bags
Do. East India - Bags
Brazil, St. Domingo, Casks
Bls
And Havannah,-do.
Bags -
Cocoa . - lia sC3a,kss
Pimento - - I Cali"
Bais
(:finger. - -f( Via::
Pepper . _ 1 Casks
( Bags
Cotton _ _ f Bales
1 Bags
Aloes - - Gourds
Arrow Root . 1 Casks
4 Boxes
Balsam . . .
Jars
{Casks
Be.rk . - - Serons
Ms
Ila gs
Cassia Fistula - Casks
Closes - - { (43"
Cochineal - - . I Bagso
t n,
Elephants' Teeth- NO.
Gum ' .l' (1.e4
. Hemp - - - Tons
.Hides - - No.
Horns - . - No.
Indigo ' - - Seron•
Ipecaculnlia
L Bags
Jalap ' - Bales
i_yhale - Galls
Oil Castor - Casks
{•• -Coco Nut Casks
Palm . :(Asks
Pearl Shell - { ~.t'3.l.lok,is'
Pine Apple . - - Casks
Rice-andl'addy . I,,agss
Sago • - - Boxei
Sarsaparilla - Biles
Tallow - - C.isks
Tortoise Shell . { Casks
loxes
Turtle :- - Casks
Tapioca - , - Casks

allogany

WOOD.

( Logs •
Pieces
( Mks 3c Bd•

Cedar
1,o"•
Pcs- St Plki,
African Timb4 •
171,,Te1a,2
San ta Maria { Ln•s-
Pieces
Ebony Tons
Lig. Vitra - Tons
Box Wood Tons'
Log Wood Tons
Fustic Toni
Nicaragiis Wood Tons
Cain Wood. Tons
•Bar Woba • T'"
Pieces

Brazi!li.gto- ' Tons
Saunders Wood Pieces
I,Ancewooti. Span! No.
Staves - . No.

.

Stock on
Bind.

23,791
,1,923
. _ _

452
1,263
11,277
53,177
1,650
19,351
1,121
247

8,754
1,829
.5,859

198 t
24,009
40,402
802,

.51
23131 U.

460
593
3,0i8