The Sun.
London, England, 1823-04-26 00:00:00

PROVINCIAL JOURNALS.

IFrom the Bury Gazelle, April 23.1
So much business of importance has occupied
the attention of Parliament during the past week that we have
hardly room for a brief analysis of the proceedings. The pa-
pers and correspondence relative to the foreign policy of the
country have, by his Majesty's command, been laid before both
Houses, and subsequently given to the public. Their contents
do little credit to the candour, sincerity, or gratitude of the
French Government ; but are highly honourable to the cha-
racter of the British
.Counsels; and we need no better proof of
the soundness of the policy pursued by Ministers, than the con-
duct of their opponents, which has been marked by the most
intemperate and groundless vituperation against the whole
Proceedings of the Congress at Verona, unqualified British
Billingsgate vented against the " Brummagem" Ministers
of France, and the improbable assertion that the English
Cabinet has either " truckled to, or been. duped by, the French
diplomatists." To be sure the phalanx of whiggery does con-
tam some very keen politicians, same quick sighted patriots,
deeply read in national polity and international law ;
witness those profound reasoners and deep thinkers Hume and
Wilson, Burdett, and Moore Moberly and Wood, Folkstone,.
and Hobliouse ; and yet notwithstanding the prodigious mental
prowess of these worthies, with Lennard and Haldinian, and
Coke-and Rowley, to back them, we do think those weak and
stupid and imbecile mortals Wellington and, Canning, and
Elden and Peel, and Liverpool and Croker, &c. &c. are not
likely to be so grossly duped. that the Whigs should bo able to
discover, muclrleas avoid, the snare which had entrapped them.
The plain fact is this; the 'Whigs and their adherents wish to
plunge the country into a war of faction, a war against kings
and governments; a war not to establish liberty, but to subvert
Thrones and Altars, and as to theiexpence of such a war no-
thing can be more easily provided for; add a few millions to
the national debt, commit an' act of bankruptcy, defraud all
who have put faith in the national honour, and. " restore the
youth of the constitution."—Wise statesmen ! Profound pa-
lilicians ! Honest • men ! lf, however, his Majesty's Mi.
nisters are not quite so wise as the Whigs nor quite so
pure, they are rather more prudent, for, if the war be-
tween France and Spain were really all the patrons of
treason represent it to, be, and -if our means and resources
were tenfold what they really are, sound policy would
bid us pause before we again embarked, unsolicited, in the
quarrel, of a nation whom we not long mince rescued from the
bloody fangs of the. Whig Moloch, the late ruler of France,
and whose ingratitude towards this country after such signal
deliverance is inscribed in the never-dying recollections of thou-
sands who bled in the cause of Spain during the peninsular
war. Britain then succoured and rescued Spain from the ag-
gressions of France in spite of the Whigs, in the very teeth of
their denunciations and scorn; and the return she received
from those she had redeemed was slight, insult, and contumely.
Now France has again made inroads upon her, . the 'Whigs
would have us arm, would have us forget her unworthiness,
and again fight her battles., For what ? She insulted her de-
fenders—let-her defend herself Besides, do these penetrating
Whigs, who see so far into futurity, not perceive at a single
glance that were we to take arms against France we should draw
heroines into the field in her defence,"and plunge aliEurope again
into a war, of which the termination could not be hoped during
the present generation. What quixotic folly would it then be
in us, to drain our blood and treasure and disrupt the peace of
the world in such a quarrel and for such a people ? Neutrality,
so long as it can be preserved with honour, is our wisest policy;
a policy which justice, prudence, and self.preservation dictate,
and those men who would enforce us into a needless war are
ha common enemies. of England.

2 3
3
4 4

ADMIRALTY SESSIONS.

TRIAL OF THE FOLKESTONE SMUGGLERS.

Yesterday the Sessions for the trial of offences committed on

the High Seas, within the jurisdiction of the High Court of Ad-
miralty, commenced at the Justice-hall in the Old Bally, be-
fore Lord STOWELL, Chief Judge of the High Court of Ad-

miralty, Mr. Justice PARK, Mr. Baron Hu I..Loca, Site, &c,—
The Court was crowded to excess during the whole of the day.
Lord STOWELL -took his' seat on the Bench at nine o'clock,
and the Grand Jury having been sworn in, his Lordship address-
ed them, and called their attention to the facts' of the case of the
21 smugglers; they left the Court, andl at 25 minutes after 12, re-
turned, finding a true bill against Marinel Krans, aged 37 ; Carle"
Kulke, aged 30; William Dangertield, aged 18.; Van Schmidt,
otherwise John Smith, aged 31; Jacob Bobileau, otherwise Jacob
Peters, aged 26; Yan Lamp 6, otherwise Jeremiah Watson, aged
33; Martin Kappee, aged 34; Van Vanness, otherwise John
Eastwicke, otherwise Essex, aged 22 ; John Harrison, ajed 27;
Yan 'Yenner, otherwise William Wilkes, aged 22; Volhn Mar-
ree, otherwise Joseph Milton, aged 32; Van de Frieze, aged 26;
Kiest Mollinear, aged 34 ; Hendric tie Breyne, otherwise
Thomas Feswicke, aged 25 ; Van tie Frenchberg, otherwise
John Greenland, aged 82;. Jonathan Vandyke, otherwise John
Kallee, aged 24 ; Van Crat, otherwise John John Malice,
aged M ; -Hendrick Allason, otherwise' Richard Boxer; Van
de Frenark, otherwise Bitnald Eastwicke, otherwise Essex,
Corneliusßeymer, otherwise Joseph Willes, aged 38 ; and
Abram de Mollinaar, aged 24.
The prisoners were immediately
.put to the Bar, charged
with wilfully and feloniously firing into the revenue cutter, the
Badger, onthe 13th of January last, on the high seas, about
eight miles Off Dungeness, within the jurisdiction of the High
Court of Admiralty of England. The indictment contained
nine Counts, charging the offence to have been differently com-
mitted.
Krans Kulke, Bobileau, Kappee, and 'the two MollinaarS,
were then asked if they understood English ? to which they
answered in the neative, and an interpreter was sworn in, who
informed them in Dutch of the nature of their offence. The
other prisoners were informed of the nature of the indictment,
in the usual way. They all pleaded Not Guilty.
The ATTORNEY-GENERAL, Mr. ROLLAND, Sir CHRIS-
TOPHER ROBINSON, Mr. GuasY, Mr. JEavis, and Mr.
SHEPPARD, appeared fOr the Croln.
Mr. 13/10VOIIA31, Dr. LESIIINGTON, Mr. ADOLPHUS,
and Mr. PLATT, appeared for the prisoners.
An affidavit was put in, stating that Mary-Jane Greaves,
who was a material witness in the cause, had absented herself
from a fear of being ill-treated, in consequence of the evidence
she would have to, give. An .officer was accordingly sent to
protect her.
Mr. SIIEPPARD opened the case, and Sir C. ROBINSON
addressed the .fury. In the course of his address, 'the Grand
Jury came into Court with a second, bill of indictment for
ful murder against the above prisoners.
The Petit Jury betin sworn in, the witnesses on both
sides were ordered out of court.
Sir COUISTOPIIER Ronrissox stated the case to the Jury,

en the part of the prosecution.
Lieut. Henry Nazer examined by Mr. JERVIS—Is a Lieu
tenant in his Majesty's Nary ; on the lath of January bad a
Commission front the Excise, and was Commander of the
Badger revenue cutter ; his station was off Dungeness, on the
coast of Kent ; she was stationed there to prevent smuggling.
About half-past seven in the morning, in consequence of some-
thing that fell front the. person on watch, witness obserVed a
suspicious sail yet/ rigged : she appeared to be coming from
a foreign port ; she was on the leeward tack ; the Badger was
about eight or nine leagues from the coast of France ; on ob-
ssherevtiandcg
etdh,envneceiseilv,itnwitnesseesseciiroilgtuleiedriatei
on
te rmbaedaem a
tacked i 1 it t't r
ahheor .;;
came near her about nine o'clock in the 'limning, and hoisted
the revenue pennant at the mast head ;. it was marked with
a red field, with a crown next the mast; a revenue ensign,
marked with a red field, with a union jack in it, was also
hoisted at the peak head ; the peek was the gaff of the main-
. sail; the .flags were hoisted at the usual and proper places,
and denoted the Badger to be a reveene cutter.--(The flags
were here productsi.)—The flags had been hoisted before the
unshotted. wax fired, which was. done to bring her (the
strange vessel) to. A shotted, gun was then fired; and in
about ten minutes a second gm which was returned from one
of her stern guns ; she had' no colours up to. this time : wit-
ness continued firing, which: was kept up on both sides until
nearly half-past eleven, at which time witness ran her on board
on the starboard quarter ; the action was continued for about
ten minutes, when quarter was called for in' English by the
greater.part of the crew.; he particularly noticed Cornelius Rey.
lner, who asked forgiveness, and said he hoped witness would'
look 'over what had happened. He spoke in geed English;
witness said he would, and the firing stopped for ten minutes
or a quarter of an hour; witness. ordered the boat to be lowered,
' and while this was doing the strange vessel commenced firing
again ; the Cutter had not fired again before this ; the con-
sequence was that William Cullutn, a reputed mariner, was
killed; the deceased was standing by the windlais; witness was
certain that the shot came front the strange vessel ; the Badger
then returned the fire;' and the action recommenced, and con-
tinued about ten minuted ;the craw of the *range. yeatacl,again
called out for quarter in plain English, whisk was again promised,
,and the firing was not renewed ; witness then ordered the boat to
be lowered; and 'sent the mate and . some of the men on board ;
Mr. Wingfield, the mate, sent the prisoners on board the cutter.
.in their 'own boat; they were 23 in number, seven of Whom
were wounded, one died.the next morning ; witness put them
on beard the Severn on the' following day ; 'witness went'on•
board the strange vessel, and found two of the crew dead. • The
burthen of the vessel was 119 tons. Six or seven men would
be the ordinary number of her crew. There were about tiOn
bales of tobacco. They ;were marked 601bs. each, .There was
also foreign gin and. brandy on board, in small casks, commonly
called half ankers, which.hold about font. gallons; there were
about 50 of these. There were also 13 chests of tea, about
14Ibs. weight in each; they were ready slung; to.carry, over . a
•person's shoulder. Witness found a great deal of beef, but
very little bread, on board ; found no' ColOtits on 'bointl.'. 'The
vessel had four six-pound carronades and a large quentity.of
small anus, such as muskets, sabre, &c. There was, a large
quantity of gunpowder and cartridges laying about, the deck •
he swivel was gone. Wit 'loss hseard at least a dozen of thettt.
speak in good English. Witness was wounded, in the left
shoulder by a musket kill, fired from the strange vessel. Wit-
ness did not know any of the prisoners.
Cross-examined by Mr. ADOLPirns—Witness could not
swear that he had not Said tile strange vessel was eight leagues
off the English shore; When witness first saw her, she was
standing on the starboasAl tack for the French ehore ; the Badger
was three Or'foni miles distant from her at that time; the gaff.
topsail was .hoisted, .anal continued so during .the hase ; the
name of the vessel was the Vre Biodiers ; she, during the chase;
endeavoured to get away ; witness had been twice examined re-
lative' to the transaction;' had said, when Culluin was
the firing was general; the strange vessel fired first, which was
returned, and then Cullum was killed ; witness did not find any
papers on board; knew that the vessel had been valued; it
amounted to about 11,0001. '
Vice-Admiral Verner, examined by Mr. aunxr.Y, proved
that the descriptions of the flags answered the description in the
indictinent.
Peter Henry Valley, Clerk in the Privy Council Office, pro-
duced the Order in Council of the Ist of February, 1817, dired.
ing flags of the above description to be used by the vessels of
the Preventive Service. . .
Crose,exticnined by Mr. Buoy Ott A st.—The paper produced
was an unsigned draft. I:The witness was directed by the
Court to bring the original, which he did.]
Several other witnesses were examined as to the facts of the
case. •
The case for the prosecution being closed, -
Dr. LusitmoTon then rose for the defence.. Ile had ob.,
jetting to make to the present proceedings, which be relied on
with the fullest confidence.. The first was, the attack had
been made by the .Badger • in their attempt to search the
vessel, which was rot authorised by. any Statute, nor by
the low of nations. His Learned Friends had not at.
tempted to show that the vessel in question was a British
ship. In fact, not the slightest evidence had been offered
to that effect. She was not said to have hoisted any colonr
at any time. She was not, as he had before aaid, shown to be
a British vessel, and therefore the cutter had no right to seize
or examine her, for in fact by so doing they were violating the
Lftwofliations. If such'a doFtrine was to be held. up, as was
contended for by his Learned kriends, and the judgment of the
Court shOuld no*, for the first time, fp in unison. with it, the
consequence* would make their Lordships tremble for the issue.
MS second 'objection was, that there. existed no Statute that
authorised any act against- the Law of Nations. During a
time of peace, it was not tohipeteist • for any British cruiser,
liewever authorised by the British Legislature to detain any
vessel,_ but those of British subjects, with the exception of
" known and true pirateti.' This vessel was seized contrary
to law ; she was on the. high seas,' and even nearer to the
French coast than to the English. That was admitted; and, if
a British vessel had a right to capture her, a French
;vessel
possessed the same right. If the present prOseeution was main-
tained, there was no pretence for saying that every merchant
vessel, not only ()wan! high ' but even inharbonts, might
not be searched. Re might detain their Lordships with 'quo-
tations from all-the great writers on the taw of NetiOns for the
last hundred years but he Amnia, after all; 'return to where he
set out from,.nernely, to the; Noble Lord (4:Tell) who then
presided on the Bench. He , would, however,.. content himself
with calling their Lordships'.'ettentien to the Jugdment of his
Lordship in the case of the ship Louis (captured in 1816 by the'

Queen Charlotte) in which eight men were killed and twelve
wounded. The. Learned Doctor then went at some length
into the proceedings on that case, and concluded with observing
that, by the judgment of Lord Stowell, the yawl restored,
and up to the present day not one person had .livn tried for
the lives that were lost. He then noticed the claim set up by
the Danish Government to search English vessels, which was
I opposed by the British Government, and eventually withdrawn,
and asked what would be said if a British vessel Was attempted
to be searched by one belonging to France, and resistance
ensued, would this country suffer her subjects to be taken
to a French prison and sacrificed ? The idea was preposterous.
Be would not argue that the Legislature had not a right to
regulate the conduct of British-born subjects engaged as thee*
individuals were ; but under the very first clause, even under
the preamble itself of the 45th Geo. 111. chap. 151, LeoO
toms were not empowered to search within 100 leagu the
British shore. The first words of the statute were " Vessels
coming from foreign putts." What was meant by these
words but coming to England ? Was this vessel proved to.
have been doing so ? No ; and consequently on the vets
first clause this prosecution must fall.
Mr..lustic PARK here interrupted to the Learned Doctor,
by observing, Lord Stowell, his brother flulloe/r, and him-
self .had determined to give no opinion on the question at
present, but to leave it for the solemn decision of the
Twelve Judges. He (Mr. Justice Park) proposed "so
leave the important points, fur very important they were,,
sugge,ted by the Learned Advocate, and which bad be-
fore struck their Lordships, as he had' stated, fur the Jury,
and consequently, to, hear bim, Doctor -Lishingtbn, news
and his Learned Friends, who will no doubt follow him,
would be only to suffer him and them to undergo unnecessary'
fatiAgueeon,
vaserstehtieoncasetemwedounald
tobethaergued by Counsel before the
Judges.
Jury having already sat nearly 12 hours
Mr. Brougham said he bad 2-2 witnesses to examine, and if She
evidence was gone into he could not promise that it would close
before six or seven o'clock in the morning. The result WU that
the Jury were removed to the London Tavern' ncltices sent
home to their families and the Court adjoarned until en
o'clock to-morrow (this day.) proprietyin tileadcojtruntie

--------_-..== ..
FINAL EXAMINATION OF MESSRS. HOWARD
AND GIBBS.
Building, Guildhall, •
. ---..--
Thursday the Adjourned Meeting of the Commissioners of
___,.
Bankrupts in this' important ease took place at the New
it is now for me:to examine
grm were finally investigated, and 3 Commission of two yeali
and eight months' standing was brought up to its PratrE'F'
close.
little; for myself, I
3 when the extensive accounts of the
Ir. Senior Commissioner TREDECX.—It would seen that we'
are at length arrived at the termination of our arduous labours;
whether we (the Ccontaifilesilers)
have done our duty, whether the assignees have done their duty
justice to all parties.
and the bankrupts theirs ; as to our conduct I shall say.bue
greater attention to any matter than to this estate, neither have
I ever bestowed more pain in investigation than in that
s any ,
of this bankruptcy : we have heard all that has been advanceu
on either side with impartiality, and have sought only to do
can truly state that I have never given, ,
signets have done their duty. I do not think that the assit,ne!s
should ever be limited in the examination which they oa,gn'
to make, still less do I conceive that the assignees of this el'
cern have done so ;. as far as I can judge, they have faithfu y.
discharged their duty to the creditors whom they have reprei
'The second question is, whether die as-
sented. Lastly, have the bankrupts done their duty ? not.
such is the nature, such has been the extent and imparg to,
the present commission, that I think they
.have a rig". it • •
claim at our hands a judicial opinion of their conduct, as ~
commissioner for nearly
has come before us. I shall say but little about Mr. ilawart,:t .'
for almost the whole matter has devolved in all its boundennPle'
ramifications upon Illr. Gibbs, and 1 think it my ;sv , 1
duty to that gentleman to state, that having nov 1 or
bankrupt more ready to Comply with the requests of I is.
the
ditors than Mr. Gibbs. Under all the circumstances of ~ ;
case, I am able to fiprm but one opinion as a jiidgments:),lt';i;
case, and that is, that the bankrupts are (ally end"
being their final examination. Sittilt
Mr. Commissioner SEATON and Mr. Commissioner ,
spoke to the same effect. '2O years, I have never met viol.
eye_
bankrupts and Commissioners, and thus terminated p_ .rii!..
The necessary and usual papers were then signead by tilt
Ligation into an estate that has excited the most sld in
e'li:
interest among all classes throughout the country that l'"
itted for many years. . 1
_—.........

if _ 'red Fear Plant,
----- ~..
__uAn,_ beautiful specimen of the Enes Glori°s.n, °.r
is at
garden of Colonel t. Abbey Park, St. Andrew's, :scot-
land. The Glass,gardener asserts art,- he has known the identical
plant for more than 30asse- dratd
has never seen any *pen
ance of flower before. "3"'
an
A t Cltatley Green, Ombersley, an Inquest li,as
held on the body of Charlotte Bristol, aged sit
whose clothes took tiro ou Friday se'pnight, In
the act, of hanging present going into flower inult-,
on the tea kettle, and were'
entirely consumed. She was discovered in the
garden quite naked, and died on Sunday intun'
ing- Verdict—c 4 Accidental Death."
COAL-MARKET, _ APRIL 25. pri
Slif at Market.
•I • old '' .
as
i Xevicastl •
- Ship
I ' 338 ad to 413.
2 Sunderland
c - - fli - . thi, u, Or
41$ os
0 Such , -•-• .- 1 • od to ....s -
tch Coal - - 0 - —2

COURSE OF EXCHANGE,
. .
Imstei dam
Ditto, at Sight ' li '
Butte) dam .......... . 0 . ,9
Aniwerp ..... ..: .. •.. . .... . ... . ' gi gii —4/ s
Hainhttigh P-- 3 i U..
ARonti .. ss ,1 ~
.. . ........ •.• • so oU. •
Paris, 3 Day's sigat ...................... 0 t, vi.
Ditto ....... . ... .. ...... '
Boordeaux, ditto ....................... • 4610 ;; MO4
rimilt rot ton the Main . ... ... • • • 159 "%igeetiw°
Madrid
Cadiz ....................... .
anima. ... . ............... ;. . ..... .'. .... .• • J 5
Barcelona ... ; .......... ....
iteville
Gibraltar ..,'. ........... ... ............ :. ....... 3_.
Leghorn
• ............ 010
Genes ••... l'i---.:1: ..
........ Ital. Liv• 16
Matta 46 Naples .......... 384 .op
Palermo . .......... . . )14 per
1151)011 .......................... .. ......... joi
Oporto .. ..... . ............. . .......... 64
Rio Janeiro
, .............. •• .
•-•,.• • yi I,e, Cietib•

Dublin .. 9} C0rk......
BULLION.

n 0 Pel"l'
Portugal Gold, i n Coin ........ ..... I"- ,P."
Foreign Gold, B . in ars ................... .... S "
.. 3 15 0
New Doubloons
New DOi lAri ' ' ' ' 104 ........... ':• 0 4
saver
in .. • ... •.. • .............. 0 ,
Bars. Standard .................. '
I::inniaFtnridnalyoo,
atillefid2:tihoifnasßt.sonilliu:ciiniturY-Place' ....Mrs. illethietstia;
of On daughter. ' Sir
Tbolll-
- the 22d inst., at Shooter's-hill, the Lady of S
pa/t,
MARRII:3I. ► ,„ on °f naps
On the 23d instant, at Charlton, John, o"47l,,Tiiierts4 Y..-Clf
James, Esq., of the firm of Budgen and isoftk7oo, Sol" '
ford, to Emily, eldest daughter of Josel?11•1.7 P.
Kidbrook-lodge, Kent. • Mot,J" or
On the 24th instant, a • Distey, 010UCCSterablrioilet A.,
Ross, of Hammersmith, eldest son of Mr. Itoss,:e luo
that,pl,cfl toAun, only daughter of Mr. lArgt 7,>....4
hire. -40

Gloucesters'

G r°o snv e then
tneoriny ----,5-1---r---
On the 25th ' t,,, •'D trees, the • P°"-
Viscountess Torrilnlsgultonn - in
renterden-s- - , gee,
1 instant,d,o at0
il ihis
n i ot
.houser., .i n North it.lUilettlii:lettt
.8 0 pris9uare, in the 76th year of his eget:l4ll%w friorY
L.; 9;.,
el lightun, near Canterbury, and of Lnini , ,
tils .
On the Nth blot: at her house in Pevonshire.stieet, 11°1115
Pi4eBl Mrs. 31`11c;n1 widow 9. • i ilexander isl`.oesll'
.ntliol
the inst. at Greenwich, willtam Fred' , „it
sonou_filar. William Ilolarn, of that Place. ',viand. '-'
On
wPfth Instant, at Percy.mount Sligo; ~
! 1e of Str Percy, Gethin„ Bart.. itigr
(OA 1,4
On the 23d inst., at lus residence, No. 19, Puke.; 101. ,113
gpte:araillnre.eburlaassliodiShannon, at the alt,:ngteiftiftertl, gerarifile,o
in the child of Iltieruirelletigriers3 venerable. :Jutish A 106.6 1.113 . the
merchant of Lon on, -whno was *united in Illoril,,gliooft.
tlatiitor of . Lindo, Esq..of Lentan:street,7
fields, about two .years
,ago. •
___„,---
______— —_---:____--_-----------the sti te
Printed' anti Published for the PnCifattroni, at_ '
by J. D. CAula AT"'
Office, No. 112, Strand,
oft 223de tlh4.Lu