The Sun.
London, England, 1823-07-11 00:00:00

pnEss.]

The. French Papers of Tuesday reached our
office late yesterday, by express, Their con-
tents are important. MoriHo has hoisted the
banner of independence in Gallicia„ and defied
alike the Regency in Madrid and the temporary.
Regency in Cadiz. In one of his Proclamations,
from his headquarters at Lugo, dated the 26th
of June last, he declires " lie will peetierve
command of the army; and, aided by a junta of
Government, lie Will take such measures as'
•
ettcumstances require,owniiig no other audio.

`ray, until the King and Nation establish the sort
of Government w hich ought to rule the country."
The determination of Morillo, in the present
crisis of Spain, if his army be efficient and sup-
port him, may be most important. A large ma-
jority of the upper orders of the Spaniards,
though they may dislike the Government of the
Cortes, are yet more strongly opposed to an eh.;
solute monarchy. All reflecting men throughout
that country must remember the humiliating de-
gradation and misery into which Spain Miff sunk,
previous to the revolt of the troops in the Isle of
Leon, and the subsequent proclamation of a Con-
stitutional Government in 1820; nor can they
wish to see a state of things so debasing and
melancholy restored. Morillo is decidedly
an able and fearless soldier ; his sanguinary
but skilful career in Southern America proved
that : without exalting him to as high a
pitch as a contemporary of outs, who the other
day made him a western Hannibal, we believe
him to possess great abilities as a military leader,
and to be capable, decisive, and daring. All now
will depend on the constitution and temper of
his army, and on the way in which be meets the
first attack directed against him. Our private
letters say, that by the latest accounts from
Spain, Bourck, who was at Astorga, was mov-
ing on Lugo, while Albignac and Huber moved
On the same point from the Asturias. If Mo-
rillo has an army of near 15,000 men, as re-
presented—one halfof themdisciplined and &ten-
mined, he may defy their united attack. We
should be sorry to see the Constitutional Govern-
meat of Spain overturned by any military leader;
but it must be confessed that the successive Mini-
stries of the Cortes displayed an utter incapacity
to defend Spain when attacked. Nothing could
be weaker and more imbecile than the re-
sults make their plans appear ; every thing
almost, with the exception of the fortresses
(many of them, we fear, badly garrisoned and
provided), was left defenceless ; no armies were
collected—no arms provided—no strong or com-
manding positions occupied ; the very passes of the
Sierra Morena, where a single guerilla corps,
during the night-marches of the French troops,
might have acted with such effect, were left
naked, and almost without a single soldier. The
issue has been, that the invaders are now at the
very gates of the lust refuge of the Constitutional
Government, and before Cadiz, in strength.—
Morillo,
on declaring his intentions, demanded, at
first, an armistice from the French Government,
which was refused, unless he recognised the Ma-
drid Regency. Abisbal's fate is a sufficient
warning against such an alliance ; and Morillo,
by his conduct on the 7th of July, during
the revolt of the Spanish guards, sinned in
the eyes of the furious Royalists more deeply
than even Abisbal, The Gallician Chief will
therefore fight resolutely, both against the
Regency and the French, giving thus, not a
neutral, but a decided support to the cause of In-
dependence. The French ,declare Cadiz to be
closely blockaded both by land and sea ; we
much doubt the efficiency of the French force
before the city for that purpose. The Constitu-
tional Generals, Lopez Banos, Riegai and 7:awls,
were said to be in the Isle of Leon, at the head
of the Constitutional troops ; the Spaniards were
fortifying every accessible point; events are
therefore again thickening in Spain. Cadiz we
look upon as still impregnable ; and we cannot
think the Government suffered it to remain de-
pendeut on the coast of Barbary for supplies.
Morillo appears energetic and fearless, with the
strong promise of Gallicia as his field of warfare;
Mina is in full activity, and Ballasteros-pre-
serves his army unbroken. With such leaders
and resources, Constitutional Spain ought not to
fall before a few thousand invaders.

LA%Y INTELLIGENCE.

COURT OF KING'S BENCH, JULY 10'.
POLK' OF INSURANCE.
NEWHAM v. STAGG.

Mr. Bc/tut:Err (with whom was Mr. Campbell), silted that
this was a policy of insurance on the coasting ship xi, of
Sunderland, for twelve calendar months, from the 23d August,
icy 7001. The ship having grounded near the harbour
of Sunderland, by Which
,it was.found impossible to extricate
her with any advantage to the owners, they gave notice of aban-
donment as fur a total loss. Upon a survey it was estimated
that the repairs would cost 8001.; but, upon taking her up, all
that she fetched was about 201. more than the expence—and the
qu'esti'on was, whether this Was a total loss?
tieverid witnesses were called who proved the abandonment
of the vessel, and her value when got in and broken up.
Mr. Coltman addressed the Jury for the defendant, and con-
tended this was a very suspicious case, the plaintiff having in-
sured with two clubs of underwriters. The question was,
the shi
whether this was an average or a total loss ? Why was not this
vessel worth repairing lle should call witnesses to the state of
p at the time. Ile submitted. there was no case, where
the vessel was safe in the hands of the owners, in which there
was a total loss.
His Lordship said he agreed, where the ship was safe in the
hands of the owners ; Put not as
,a mere mass of broken timber,
which would cost more to repair than the vessel was worth.
Mr. Anthony Stafford, a coal-fitter, and agent to the Scar-
borough Club, went to see the Proxy
.when stranded ; saw
Newham, the plaintiff, two days after seeing the ship ; saw no
d. titlenity,nf getting her off whilst the weather continued fair.—
Newham was always against getting her off; she was six
or eight feet above the water when the tide flowed in. Considers
MU. a very high estimate of repairs; witness appointed the
surveyors; saw
her after she wet got in • if they had kept the
Materials of the ship together she might have been repaired;
she would have sold for more. if,she had - not been sold by
piece-meal., . .
Cross-exatnined by Mr. SCARLETT "—.Witness was agent for
the club. if the storm had returned or continued, she would
have heat to
Pieces. Witness employed men to bring the
stores on shore.
Mr, Gray, one of the Scarborough club, sold
the, stores separate from the hull. Witness took in the ma.
-
the vessel,
aerials of the to prevent their being beat to pieces with

The -140 fin ('um), JtirricE observed, thgt these stores
were not sold separate by the act of the plaintiff, but by the
act of the assured.
whel:neaaartietten r; vheassaeln
William Feeten a ship-builder at Sunderland, and one of the
surveyor s employed 2 get the Proxy into harbhur,
to survey and
conceives the, vessel might have been repaired for 5771. and sent
if repaired she would hive
tehtalnoubbetfarofe life
accident.
31r• 'ScAHLETT in reply, said that the best proof of the
goodness of the pudding was in the eating. Now the man
L
who bought h
e wreck was the best judge whether she was worth
repairing, and he thought prOPer to break her up. This was
the best evidence that she was not fit for repalis, and there-
fore must be taken as a total loss.
The Loan eigirp JuoTtcr, in summing up, observed the
question was, whether this vessel could be repaired and sent
to sea again ?....in that case this would be an: average ; other.
whe a total loss, If an uninsured owner would have repaired
her, then the defendants were. 'entitled to this being considered
.onlY an average inn but if +the Jury thought an uninsured
owner would have broken the vessel up, as was done in this
case, they. would find for the plaintiff' aifar a total loss:
Verdict for the defendants as for an average loss.