The Sun.
London, England, 1822-04-12 00:00:00

powerful Bar of Counsel, and send two hundred'
miles to Chancery-lane for a Solicitor to sue the
defendants, after a lapse of nearly three years :
we also think the circumstance curious. But it
would be more curious still if those who have
been loudest in their clamours against the Consti-
tutional Association, as " a crew," and " a gang,"
and every thing else vile enough for a Billingsgate
designation, should themselves be found the very
component parts of a secret combination of Ra-
dicals to proSecute the Manchester yeomanry.—
We should like to know, for 'instance, who will
pay the Solicitor's bill of costs in this action,
the Lawyer's fees, and the witnesses' viaticums.
These expenses cannot be paid out of the Man-
chester subscription, for that has long since been
exhausted in various ways,- and before the late
trial commenced somebody, or nobody (as Ave
suppose it will prove), owed 7 or 8001. of Ra-
dical charges besides, incurred in consequence of
that affair. Putting, then, altogether aside 'the
principle on which the Constitutional Associa-
tion is formed, how can any man who has sanc-
tioned the Manchester subscriptieil and the Lan-
caster clubbed action object to the Members of
that Society, or any one belonging to it, for le-
gally prosecuting seditious publications 7. We
surely ought to take the beam out.of our own
eye before we take the mote out of our bro-
ther's. In another point of view, however, we
are exceedingly glad that the action has at this
distance of time been brought against the Man-
chester Yeomanry. The public mind is now ex-
tricated from the confusion and alarm in which
it was immediately subsequently to the 16th of
August, 1819, and can look , down upon the
events of ' that time with a calm and reflecting

eye.
[MORNING HERALD.]
_No decisive or satisfactory accounts were re-
ceived. from the east or north of Europe in the
course of yesterday. Mercantile letters received
in the City, joined with the aspect of business on
the Stock Exchange, gave some check to the
general opinion of the breaking out of war.—
On the other hand, the German and FlanderS
mails continue to repeat the rejection of the
Russian proposition by the Divan, on the 28th of
February. Still the Austrian Observer, which
is the official paper of the Cabinet of Vienna, is
silent on this subject. For several days, during
which the public rumours have been most, likely
to,provoke this oracle into speech, not a syllable
/has it published—waiting, perhaps; to utter its
wisdom with more security after the fact—or,
more probably, unwilling to compromise the Go-
vernment, of which it is the semi-official trum-
peter, at a moment when the question of peace
or war is at its crisis.

We sometime since stated that a movement of
separation 'from Spain had taken place in the
Spanish part of the island of St. Domingo—or,
perhaps, we should rather say, of Hayti. An
American Paper, which reached us yesterday,
contains the Declaration of Independence. It is
dated the Ist of December, 1821. The form of
Government to be established is not expressly
stated, nor is there the slightest manifestation of
a disposition to unite with the portion of the island
which, since the death of Christophe, is fallen un-
der the government of Boyer. It is probable that
the intention is to erect a new Republican State,
to form a member of the great Confederation of
Colombia. " Long live our country—Long live
the independence—Long live the Union of Co-
lombia," are the formulary prayers with which
the document concludes. The intercourse be-
tween the City of Saint Domingo (which is in
this part, of the island) and Caraccas and Cuba,
has been extensive and varied. It is a curious
fact stated in the Declaration, that it was at
Saint Domingo that the youth of those latter
I places received their education.—(ibid.)

• [BRITI.II PRESS.]
The Washington Gazette, in speaking about
the contemplated recognition of the Independent
Governments of South America by the Govern.
meet of the United States, says," It is currently
reported that the Government of France has dis-
patched a Charge desAffaires to Caraccas, for the
purpose of recognizing the independence of Co-
lombia." The improbability of this report bears
with it a sufficient refutation ; the King of
France has had no cause of hostility towards the
Spanish Monarchy, nor is he so indifferent to its
friendship as to.act so unfriendly a part towards
Spain, and to pursue his own exclusive interest
without a regard to the just claims of the coun-
try, or to the wishes or intentions of the other
Powers of Europe. The Washington Paper
admits that the President's Message had created
a strong sensation among the foreign diplomatic
corps resident at Washington. We collect
'froM the context that this sensation was under-
stood' to' be one of surprise and disapproval ;
but the water adds, that " this is natural,"
as the ad'rnission of four or five American mem-
ters into the family of nations is an event of
much importance to the Old World, which has
so long held that very portion of the western he-
misphere in bondage. In this limited view of the
'subject, the Minister from Spain alone ought to
have felt. the "-strong,sensation" to which the
writer has alluded, •for it was Spain alone that
held that part of the western hemisphere in
bondage. With the exception of Spain, there is
not a country in Europe that would not be
benefited by a general recognition of the inde-
pendence of, the South American States, and if
any surprise or disapprobation were evinced by..,
the diplomatic corps generally, it was at the
suddenness with which the Government of the
United States now departs from a principle which
i •
t. has ,hitherto, in unison with the other Go-
vernments of the civilized world, sanctioned' and
pursued. Mr. Jones, a .Member of the House of
Representatives, who had four years ago' sup-
ported a motion for the recognition of the
southern GOvernments, very properly asked, on
the receipt of . the • President's Message, ..in
what the situation of those Povernrnents now
differed from what it • was when he was in
the minority-of .forty-five on that ques-tion ?
There was indeed one essential difference in the
circumstances of the respective periods—four
Years ago the Government of Spain had not

consented to the surrender of the Floridas. This 1
recognition, be itremembered, does not create
these Republics : their progress has been gradual
from oppression to rebellion, from rebellion to
revolution, and from revolution to actual inde-
pendence. For this independence Europe has
been prepared, consequently " the adding of
four or five American members to the family of
nations," however important the event, is not
one which is calculated at this moment to excite
a very strong sensation.

LAW INTELLIGENCE.

COURT OF KING'S.BENCH, APRIL

MILLER AND ANOTHER, ASSIGNEES OF BENJAMIN, MAG-
NUS, AND GARLAND, V. AARONS.
This was an action by the Assignees of Benjamin and Co.
to recover from the defendant the sum of 4,1441. under the fol-
lowing circumstances:-In the year 1813 the defendant had deal-
ings with Messrs. Benjamin and Co., and was bail for them in
several actions which were commenced against them. At that
time the firm of Benjamin and Co. were under serious embar-
rassments, though not absolutely in bankrupt circumstances.—
On or about the 12th Nov. 1813, Magnus and Garland (Benja-
min having gone to Gibraltar on the business of the house) as-
signed to the defendant a Cargo of cotton, valued at 4,0001. and
upwards. Subsequently, a commission of bankrupt was sued
out agdinst Benjamin and Co., and the Assignees brought the
present action to recover back the amount of the cargo of cot-
ton, on the-ground that the defendant was, at the time of the
assignment,, aware of the insolvent circumstances of the firm of
Benjamin and Co. Parole and documentary testimony was
given at considerable length on this point.
The LORD CHIEF JUSTICE, in summing up the evidence
to the Jury, defined the term insolvency in a trader to mean
reiterated irregularities in his payments, although at the time,
if all his effects were sold, he might be able to pay. every one
twenty shillings in the pound. The single - question in the
cause was this, did the defendant know of the bankrupts insol-
vent circumstances on or befote the 12th of November, 1813 ?
The Jury, without a moment's hesitation, found a verdict
for the plaintiffs for 4,1441.

WESTMINSTER SESSIONS.
'THE KING V. KELLY.

FRALTD..-.Wm. Kelly, a miserable looking old man, was in-
dicted for fr..udulently, and by false pretences, obtaining the
sum of ss. from Mary Burke, widow.
Mr. KNOX, in his address to the Jury, for the Crown, ob-
served, that this prosecution was instituted by the Lords Com-
missioners of the Admiralty with-the view of protecting rela-
tions of seamen, who were daily and hourly defrauded by men
who made it their business to lurk about the public offices con-
nected with his Majesty's Navy.
Mary Burke was called, and stated, that she was the widow
of a seaman, and bad a son about 18 years of age now serving
on board his Majesty's ship Topaze, on her passage home from
the East Indies. In February last, the little furniture she ha&
was seized upon for rent, and being totally destitute, she went to
the Navy-office to inquire if her son would soon be home, as she
knew he would assist her when he did return. She could get
no satisfactory answer, and was returning when she was ac-
costed under the archway of Somerset-house by the prisoner,
who asked her if she had got her business settled ? She said she
had not, and told him her story. He had a roll of papers in
his hand, and seemed in a great bustle. He told her it would
be foolish" to spoil the sheep for a ha'p'orth of tar," and said
..that for the value of 3s. 6d. or so, he could get her busi-
ness done. They walked on together, and he afterwards said that
she must bring her papers the next day, and for 6s. Bd. or 7s.
he would get her 41. or 51. and all the intelligence she could
wish for about her son. • She-had not a sixpence in the world ;
but having told her story to her landlady, the latter lent her a
gown, with liberty to pawn it for ss. which she did, and the
next day took it to the prisoner, telling him that was all she
could procure. He said, in a conversation that then took place,
that his name was Smith—that he belonged to the Admiralty
.-and that he would make application on her behalf to the
First Lord. She was to meet him that day week, and did so ;
but he put her off from time to time, and she procured a letter
to be written to Lord Melville, who issued orders that the pri-
soner should be apprehended and prosecuted.
Mrs. Bray, the landlady of the prosecutrix, deposed to lend-
ing her a gown to pledge, and having gone with her and seen
her in conversation with the prisoner.
Mr. John Nutland, chief messenger to the Admiralty, swore
that prisoner did not belong to the Admiralty, and that he had
no power to procure money from that establis,hment for the
widow or other relations of a seaman. There *as a person of
the name of Smith holding an inferior situation in the Adini-
ralty, but he had been ill since January.
The prisoner, in a written defence, endeavoured to convince
the Jury that he had merely acted the part of an honest agent
in the affair, and declared that he had received the money, not
to procure Mrs. Burke pecuniary aid, but to obtain admission
for a child of hers into Greenwich Hospital.
Mrs. Burke said this_was utterly untrue. She had only a
little girl with her, who was insane.
The prisoner was found guilty, and sentenced to six months
imprisonment, the Chairman telling him that nothing but his
extreme age (78) sated hiin from transportation.

SOUTHWARK SESSIONS.
Yesterday the Sessions for the town and borough of South-
wark commenced before the Lord Mayor and Alderman J. J.
Smith. Mr. Knowlys presided as Recorder.
&Now-au CASE.—A young man named John Welsh was',
charged with having stolen 11 sovereigns, the property of Mr.
Henry Robertson, of No. 15, Fitzosborne-street, Golden-
square.
It appeared from, the evidence, that the prosecutor had an ac-
ceptance for 11 pounds, which became due on the 14th of
March last, on which day a notice was left at his house, that the
bill lay at Mr. John Welsh's, No. 37, Long-lane. boy was
sent with money to take up the bill, but instead of calling at
No. 37, Long-lane,' he called at No. 37 White-street, which is
in a line with Long-lane, and may easily be mistaken for it.—
The boy knocked at the door, and asked for John Welsh, when
the prisoner, whose name is John ti elsh, was called down,
and the boy told him he came to pay a bill of ill. Prisoner
said he did not recollect what the money was for, but his fore-
man had been out that morning collecting bills, and he sup.
posed that bill must be one of them. The boy gave him the
money, and also the notice which had been left with the prose-
cutor, stating that the bill lay due atNo. 37, Long-lane.. The
prisoner read the paper, counted the money, and said that all
was right. The boy, on his return, 'was asked by the prosecu.
tor for the bill, and on his saying that he had received none,
was sent back to get it, when he found that the prisoner had
decamped. An officer, however, apprehended. him a day or
two afterwards, to whom he confessed that he had spent the
money ; but at the same time said that he repented as soon
as it was all gone, and had' sought the prosecutor to beg his
pardon.
The Mr. Welsh who was entitled to the money came forward,
and stated, that the notice containing his address and the place
where the note lay was so legibly written as not to be mistaken.
Witness knew nothing of the prisoner. PrOsecutor paid the
amount of the bill to witness. _ _ _ . .

The prisoner, in his defence, said that a friend, who had often
been bountiful to him, had -lately promised to remember him,
and that when the money arrived, at looked so like the delicate
way of that friend all through, that he supposed it must have
been a gift, and took it as such. He was the more inclined to
believe this was the case, from seeing that the paper was com-
pletely blotted.
A shoemaker, who resides at No. 37, White-street, stated
that the prisoner lodged and worked with him as a journeyman.
Winless had known him as an honest, man eight years.
The Jury found the prisoner Guilty, but recommended him
to. mercy on account of the greatness of the temptation, and his
previous good character.
The RECORDER strongly acted upon this recommendation,
and sentenced the prisonerto impriionthent for one month.
TVlllitim Becket was convicted of having stolen 71b. of rags,
and sentenced to be transported for 7 years. The Recorder said
he was not fit to live in a civilized country. •

FinE.—Yesterday morning, between four and five o'clock,
the inhabitants of Lower `Vest street, Smithfield, were dread-
fully alarmed in consequence of the melting-house of Mi.
Leach, tallow-melter, at the back part of his premises, baiting, i
by some accident, caught fire. Through the praiseworthy
exertions of Mr. Barnley, the beadle,, who lost no time in pro-
curing the parish engine, the flames were in some degree
arrested; and by means of the quick arrival of the various fire-
engines, the flames were completely extinguished by six o'clock.
The melting-house was neatly consumed, and a great quantity
of tallow was destroyed.
Ac CIDENT.-- Yesterday ,morning, about nine o'clock, a
young man (apprentice) belonging to Messrs. Everett and
Tucker, rice-dressers, Bread-street-hill, Upper Thames-street,
having by some means laid hold of a rope, which, by
.drawing
in a certain direction, connects itself to the steam-engme, was
drawn up between two beams and killed on the spot.
Yesterday morning, some labourers digging near Carmarthen-
street, Tottenhamteourt-road, discovered a box containing the
body of a child about seven months old; having several marks
of violence upon it. An Inquest was held on the body ye.ster..
day evening, and a verdict returned of." Wilful Murder
against some person or persons unknown."