The Sun.
London, England, 1823-02-04 00:00:00

1) 0 R Y.

COBBETT'S PICKPOCKET PETITION.
(From the Bury Gazette. )
Once Norfolk for Nobles and Statesmen was famous,
For Landlord and Yeoman, 'Squire, justice of peace ;
But now 'tis the County pronounc'dignoramus,
Since Cobbett transforml all her If hips into geese !
So coax'd them, so hoax'd them, so noodled and gull'd,
So cajol'd them—be-fooll them, so anti-John-Bull'd—
So be-nwbb'd, so be-cobYd, to that gall-like condition,
As to swallow mob Cobbett's pickpoCket petition.

When the leading Whig Radicals, Thurtell and Coke,
Resolv'd the stockholders to leave in the lurch,
Colabett jeer'd their resolves, as a farce or a joke,
And petition'd.to plunder the Crown, State, and Church
And so flouted and shouted in anarchy's storm,
And so vapour'd, and caper'd, and roar'd for reform ;
And so fleer'd, and so queer'd, the poor Radical 'Whigs,
That they gap'd like choked turkice,' or Holkliam.etuck pigs
Till so mobb'd, and be-cobb'd, to that gull-like condition,
As to swallow mob Cobbett's pickpocket petition.

- -
Ye Yeomen of Norfolk, be loyal and wise,
Retrieve your`stain'd ltonour, recover your station,
All Radical Snip and heformers despise,
Support your good Xbag and his administration
Nor be cowed, nor be honed, by democracy's mob— •
Nor beguird, nor aunull'd, by Sir flavor or Cob ;
But pull, like John'Bull, from the demagogue yoke r.
Nor be branded, like Sheep, for a Cobbett or Coke !
Like Britons arise from your abject condition—
Be wise—renounce Cubbett's pickpocket petition.-
.
• BUNGAIENSIS.

SPORTING INTELLIC;ENCE.

BETTING-ROOM, FEB. a

-STATE OF THE ODDS.
thy.
14 to 1 agst Talisman
20 to 1 agst Sir W.Milner's c.
20 to 1 agst Paella
20 to 1 agst Charcoal.
OAKS.

7 to 1 agst Emily
7 to 1 ag►st Fanatic
13 to 1 agst Webb
14 to I agst Panting

DEN

15 to 2 agst Zaida
17 to 2 agst Sister to Sultan
9 to 1 Sister to Sailor
OATL
3 to 1 the Fie;
RIDDLE!
_ _

' lo to 1 agst Olivera
13 to 1 ogst Sorcery
15 to l apt any other.

S to 2 agst Emily
7 to 2 agst Web

CLA RET.
13 to 2 agst Wanton
13 to 2 agst 31orisco
7 to I agst Ajax.
ST. LEG ER.
30 to 1 agst Honest John
30 to 1. agst Sir W. Milner's c,
30 to 1 agst Hr. to Violet
35 to I agst Powlett's c.
35 to 1 agst Mr. Hunter's c..
35 to. 1 agst Werner.

It agst Figaro.
INV 011111.
4 co 1 agst Talisman.

3 to 1 apt hoses
4 to 1 agst Swap
4 to 1- agst Posthuma
DONCASTER
10 to 1 agst Sherwood
13 to 1, agst Fanny
20 to l agst Fanatic
20 to 1 agst Barefoot
20 to 1 at.,rst Falai* Royal
20 to I agst Tinker

ISLE OF WtanT, Fru. 2.--Monday, the 27th January,
a Pigeon Match, consisting of three' Prizes, was shot for' at
the Red Lion Inn, Brading, at three biids each, won as fol-
lows :—.Mr. Wm. Jacobs, 3; Mr Cooper, 3; %Ir. Baker, 2.
In shooting out the tie at two birds, each killed both ; and at
a single bird; -Mr. Wm. Jacobs killed his bird, Mr. Cooper hit;
but the bird fell out of bounds.
STEEPLE CHASE.—The great match between Capt. For.
rester and Major James, took place yesterday from Colebrook
to Farnham. The Major, in crossing Lord Braybrooke's Park,
met with an unlucky accident anti broke his collar-bone, and
was beat in an instant. his nephew (Capt. James) challenged
Mr. Forrester to ride him 2.0 miles for two thousand guineas,
play,eir pay. The match was accered, to. be done once withinmonth. Capt. Forrester titate4cl ti to 4.

-------
spit. If UTTONT.—Dr. HUTTON'S death, which we
lately announced, was occasioned by a cold that afFected his
Juno and his dissolution was apparently without pain. It is
remarkable that within the last three days of his life he re-
ceived the scioutilic questions from the Bridge-house Com-
mittee, as recently mentioned in the Common Council, and
answered them hi a very masterly manner. These questions
white chiefly to the mathematical curves most proper to be
adopted in the arches of the new London Bridge which is
about to be erected, and his paper on the eubject is considered
a valuable docunient. It is the More interesting as being his
last \production, and also as efilirding an extraordinary instance
of mental power, at such a peried, of illness, and at an advanced
age of MI years.
SENNrII.—We have already mentioned
the death of this tine ingu.isin:Li physician. Dr. Jr.)IXE R. was
Fellow of the Royal Society, &.c. and wasin his 74th year. If
any man ever existed who Possessed an original, and we might
almost add, an intuitive cl7iirri to the pretensions of a natural
Historian and Ilieesivioesist, Dr. Jenner was that claimant,—
Nature lend eiven him great genius, vast sagacity, much in.
clination, anc great ardt,er in the prosscutiun of the subjects
of Natural History, Physiology, and Pathology. His researches
were consistent and connected. At an early age he was ties-
tined to the study of one department of the medical profession,
Surgery. In the come-imminent of his studies, he was asso-
ciated and connected with emu: late eminent characters, Dr.
Parry, of Bath, Dr. Ilickes, of Gloucester, and Dr. Lit&
low, of Corsharn, near Bath ; but, besides these, he was
honoured with the peculiar friendship and patronage of the late
Air. John Hunter, of whose name it is nearly superfluous
to mention, that it stands highest in the rolls of surgical
and philosophic reputation: .111 r. Hunter, well aware of the
extraordinary talents of Dr. Jenner, then a pupil, offered to
him patronage, connection, and employment, in his profe.s.
sionai and physiological pursuits. Dr. Jenner, however, pre-
ferred a residence at hit native place, Berkeley : here he acquits.
eti not merely high logical reputation, but folm the public obser.
vations and discoveries which he promulgated, great estimation
in the superior ranks of philosophers and medical professors.--.
After' some less important communieations to the ...Royal
Society 4.1/ontlon (of which lie was early made a member) he
imparted to them, ti complete Natural History ofthe Cuckoo, of
which bird the laws and habits were previously unknown, and
were involved in obecurity ; the singular ingenuity of this paper,
and the acute powers of observation which it developed in the
observer, enhanced Dr: 'Joiner's rep_ntation in the philosophic
world. Dr. Jenner. also Communicated to his youthful friend
and colleague, attached 'to him by congenial feeling and simi.
Why of pursuit, the.late highly-gifted Dr. Parry, of Bath,
his discovery of the internal diseased structure of the heart,
which produces the disease called Angina Pectoris, and which
was before unknown and. Conjectural. Dr. Parry, in a treatise
on the subject, not -only- most honourably resented Dr. jests
per's original detection of the cause of the disease, but confirtn-
ed its accuracyby subseqtient and ingenious investigation. After
along and arduous inquiry into the disease termed Cow Ptix,
Which is a common complaint in cows in Gloucestershire and
some, other counties, and which to those who receive it
from the cows in milking, appears froth long existing tradition,
to s confer complete security from 'the Small Pox, tither na•
tural or inoeulated, Dr. Jenner determined to put the fact to
the test ofexperiment, and accordingly inoculated some young
persons with the matter taken from the disetiee iti the cows,
its 1797. From the proof which these experiments afforded of
the power of the Cow Pox Inoculation to protect the human
being from the Small Pox contagion, Dr. Jenner was induced
to bring this inestimable fact before the public in 1798. That
this was promulgated with all the simplicity of a philanthropist,
and,with all the disinterestedness of the philosopher, every can-
did contemporary and observer will admit, and will unite in ad-
miring his just pretensions to both Characters. The first medical
profeisors in the metropolis allowed, that had Dr. Jenner kept
his discovery in the disguise of Empirical secretly, he would
have realised immense emoluments ; but the pure and liberal
feelings which Dr. Jenner possessed, spurned and rejected such
considerations ; anti his general temunerations, even including
the sums voted by Ptuliament, were well known to his con&
dential friends to be Moderate in the extreme:
An applicattou was made yesterday morning
at the Lord Great Chamberlain's Office by, the
Deputies . from the Peruvian Government; for
••
tickets of admission to the seats appropriated:to
the Ambassadors, of Foreign Powers in the llouse
of Peers to.:dap. Those- Gentlemen not having
been officially, recogniz4.the'applicution could
not, of course, be acceded to,

:;* ATERbkNTELE SMITEN'T`

DEAL, FEB. 3.—Calm.—Remain the Severn frigate; Bri-
tannia, Luke, far Madras and Calcutta, and jndian, Gibson,
for the &huh Seas.

HALF-PAST Six O'CLOCK.—.The weather more clear, and
wind S.S.E.—The Britannia will sail as soon as the ebb tide
makes—if it continues clear. •

•
PORTSMOUTII, FED. 3.—Wind vedfrom the
Downs the John, Popplewell, for Jamaica; Tobago, Baigrie,
for Tobago, to:d Burdon, Richardson. Passed down Channel
the Swallow, Ross., for adras; James, SinitVfor Oporto.
Also arrived his Majesty's ship Camelion, and Caliope, from a
cruize.
PiY:4Ol/Tll, FEB. 2—Win E.--Arrived Ne Helen, Way,
from Lisbon to London in 7 days, with lOss of bulw.trka ;
Thistle, Gibson, from Isaura to Lisbon, leaky, out Jr days.
Off the port the Christian, of Bristol, from Si. Michael's to
London, lost her rudder, and -other damage. The Harriet,
Cummins, from Lisbon, sailed about three weeks ago, and has
not been heard of since. Sailed the Louisa, fur Cape Coast.
FALMOUTH, FEB. '2.—Wind N.E.—Arrived the Dolphin,
Prowse, from Newfoundland—sailed Pith January, on the 6th
shipped a sea, which carried away both boats, bulwarks, stan-
chions, and spare spars. Sailed the Starimer Packet, for Lis.
bon ; Ringdove, for Bilboa ; and Aboyue, for London.
Hanwicir, FEB. 3.—:Wind E.—Arrived tlie:Emily Packet,
from Gottenbtirg ; and Lady Nepeart ditto, frOrn Holland.

EAST INDIA SHIPPING;
the East India Company's 'ship Canning arrived at Eencoo-
lee on the Bth of July. The undermentioned ships arrived at
Anjeeras follows, viz. Princess Amelia,- on the 9d August;
Lady Melville, on the 3d of August; Marquis .of Huntley,
on the Ath of August. The Princess Amelia sailed from An-
jeer, for China, on the 19th of August ; the Lady Melville and
Marquis of Huntly • followed on the Ilth of August. The
Prince Regent is supposed to have proceeded by the Straits of
Sunda. The Thames put into Benguela Bay on the 28th of
September, and was expected to proceed agazn on her voyage
on the 2d of October. The Earl of Balcarras was ready to
proceed on her voyage from Calcutta to China on the 14th of
August; the Sir David Seott left the anchcrage on the sth.
The Lady Kennaway, Beach arrived at Darttnouth, left
the Calcutta pilot the 21st of August; arrived at, Madras the
Bth of September, and sailed the li'Sth ; left there H. M. S.
Liffey,. Glasgow, Curlew, and Sophia, and Tees, Agincourt,
'Bengal Merchant, Maria, Hope, Larken, Fort William,
Windsor Castle, and several country ships. The Windsor
Castle was to sail for the Cape and England the Ist of October.
Sailed from St. Helena the 12th of December, and left there
the 'Wellington, from the South Seas, a full ship, to sail in
three or four days. Spoke in lat. 19., long. the Barbadoes
Planter of Bristol, Peasley, bound to St. Vincent.

Cape Town papers of the 16th November have
been received ; there is in them .a long account
of the trial and execution of a young gentleman
named Gebbard, the son of the Clergyman of
Paarl, for the murder of a slave belongiltg to his
father, by excessive and unlawful punishment.—
After t is trial and conviction, the prisoner ap-
pealed against it to the highest tribunal of the
country ; but after hearing his case, the Court
discharged the appeal, and confirmed th sentence
of death, and the unfortunate young man conse-
quently suffered the awful punishment inflicted
by law.

A meeting of the Printers and Booksellers of
Philadelphia has been called, for the purpose of
sending a delegation to attend the fOuritundredth
grand anniversary of the Invention of the Art of
Printing, to be held at Harlem, in Holland, in
18‘23.---(New .York Gazette.)
The Metropolis was for several hours yester-
day in a state of almost complete darkness, owing
to the extreme density of the atmosphere.
On Wednesday two Ladies took the veil in the
Presentation Convent of Carlow. One is the
widow of Major WlLmEanister, who fell gloriously
at the battle of Waterloo; the other is a young
Lady respectably connected in that neighbour
hood.
cosiviviAL PUN.---4t What (said some one to
Mr. R.), you have been in Ireland, mid have yon
never seen Cork?"--.cc No (replied he), but
have seen a great many drafilings of'ii."
On Wednesday, Wiliam Illavors a convict on
board the Ganymede hulk, at Sheerness, effected
his escape by ,swimming on shore. He had been
convicted of felony at Lancaster Assites in
August' lasts and sentenced to transportation
fur
OnWednesday, the f22d ult., an Inquisition was
taken before Tit ostas Tr stets, Gent, Coroner for the County
of Bedford, at Houghton Regis, on view of she 'body of Tho-
mas Parkins, aged eel. The deceased was by trade a chimney-
sweeper, avery singular chamiter, having never slept in a
bed for more than `3O years. His constant practice was to
sleep in the barns anti out-houses of the adjacent farm-yards.
During the week he was a constant visitor at the, blacksmith's
shOp, where he enjoyed the double advantage of cooking his
victuals and warming himself. This had been his plate of
daily resort for the last twenty years except on Sundays, which
he devoted wholly to sleep, being never knoWn to move from his
burn on that day. On Monday morning deceased went as
usual to the blacksmith's shop, when be complained of pains in
his stomach. The blacksmith gave hint it little gin, and warm—
ed him some broth' to alleviate his pain. He' continued unweli
till about three o'clock in the afternoon, at which rime he we.,
sitting on the form apparently dozing. In this state the black-
sniith left him for the purpose of fetching some coils in. Oa his return, in the course of a few minutes, deceased had fag
on the form dead. lie was minutely examined by'u surge 4,
who gave it as his opinion, that his death was caused by
water m the cheste—Verdict accordingly.---.(Bwier chronicle.
.t
CHILD Mu arttn.---On Wetinsday morning last,
a girl, aged 17, in the service of a stone-mascot,
committed infanticide. The girl had been itt
service only three months, but after being therm
a week or two, her mistress thought she was in
the family way, and communicating, her swTi-
cions to her husbands the girl was examined by
a &actors wag also of the same opinion,
the girl denied it, Subsequently, she was spoken
to by her cousin, who perguaded her to go home,
but she still deuied the fact, and refused to go
home, alledging that her father had a large fa-
mily. On. IVednesday morning, about eight
o'clock, her mistress went into her room ,and
foUnd her in bed ; she at,.o.e-lime complained of
a violent pain in the chest. Her mistress, con-
sidering her in labour, sent for' her aunt; hilt
before she arrived the chile was` horn, no person
being with the girl at the time in the room. The
child was alive and perfect in every respect, but
it bled very much' about the neck. The wounds
on the neck afterwards got 'black, Mr. Walie.
field; a Medical gentleman; Was sent for-, Sad the
next morning he found the child dea4' with a
deal of congealed blood about the Mouth and

nose, as also some scratches on the neck, pro-
duced apparently by violence. He we of opi-
nion it died in consequence of such injuries. OIL
Saturday evening an inquest sat on the 'body at
the Skinners' Arms, Judd-street, Button-cres-

cent, and the Jury, on the evidence adduced
before,oorf otrtitintolin:mrt
eh,:sreri returned usaurstiri:, trgli
nreaga
so
orygdolitcei o(,tifog‘i`trtilieS't'opi tafhtrett
Murder" against the girl, but were unanimously
e
left alone. The Coroner afterwards iSsttett his
warrztrit for her detention, Itncl removed to New_
gate. as soon she is sufficiently recovered; and
the witnesses were bound over to appear.

THE LONDON JOURNALS.

2NTR.4CTS FROM TUE DAILY MOUNING PAPERS,
February 4, 18'23.

ill‘tOnNl NG POST.I
The great CouNcir. of the NATION will this
iay assemble. At uci period have more impel.,
tart interests called for the exercise of its wisdom
than those which will be submitted to- its con-
sideration. At no period, we are convinced, will
they be discussed With a freer spirit and on more
liberal principles. The state of Europe is awful ;
on the Continent all is'preparation and menace,
but in the midst of the geeeral gloom, there is
still one country towards which every eye is
turned, with fear by the supporters of injustice
and despotism, with hope by all the friends of
liberty and peace. That country is England.
The days when she was the sole beacon of inde-
pendence to the nations of the world are returned,
and she resumes that cerhmanding attitude of de-
termination and of power, which imparted courage
to the oppressed and terror to the oppressor, till
the cernmunication of her spirit turned slaves
into heroes, and the valour of her arm gave them
freedom. The Speech with which Parliament
-trill this day be opened, and which, in conse-
quence of his Majesty's temporary indisposition
will be dtlivered by Commission, will be found,
we are assured, to justify the picture which we
have drawn, and to gratify the best wishes of
every friend to the welfare and honour of his
country, as well as to the rights of nations and the
tranquillity-of the world. It will make it appa-
rent that by the combined operatiOn of on im-
proving Revenue on the one hand, and a further
diminution of .expenditure on the other, in points
to which reductions can be extended without
compromising the safety and interests of the
State, hopes may he confidently entertained of a
-further considerable diminution of the public
burdens in the course of the Session, especially
of those which press heaviest on the suffering
Agricultural interests. We understand also that
measures for restoring the tranquillity, and im-
provieg the condition of Ireland, .are promised
to be submitted to Parliament. With respect to
our Foreign Relations, it Will be found that the
Government has spared 110 efforts to preserve the
peace of Europe ; that it has refused to lend its
countenance to the detestable and dangerous
principle of interference in the internal affairs of
Independent nations—and that it is still earnest-
ly occupied iu endeavouring to prevent Ole ope-
ration of that principle, and to avert from every
pot ,of Europe the calamities of a warfare, o
which, if once
,commenced, no human foresigh
Could determine the limits or the duration.

[TII TIMES.]
An amendment to the Address will, we believe,
be moved both in the House of Lords and Com-
moui : that in the Upper House, by Lord Lans-
()ls n ; and that in the Lower, by Mr. Brougham.
The principle, probably, of the two amendments
will be the fittrite—tti protest against the late
abominable proceedings abroad, and to recom-
mend a truly British and liberal policy, with a
strict attention at the same time to severe eco-
nomy. The conduct of the British Government,
tive presume, can hardly at present afford room
for either censure or praise, for it is not yet
known ; but if it has been manly and spirited,
where spirit and manliness would so well become
the Ministers of a Constitutional Sovereign, and
of a free People, the Bourbon of France has
shown more resolution in ill, than we had thought
him capable of: if we have been weak or timid,
we have done little better than aid the current

srjignit}.

[Aroaxr }I utt.tr.o.]
The Royal Speeches to the two Houses o
Parliament have of late years been comparatively
unimportant. They have almost dwindled into
the mere opening or closing compliments of the.
Session, between the. Executive and Legislative
Powe,rs—dtmanding no pledge of approbation or
support from Parliament--and, at the same time,
withholding all specific knowledge of the intend.
ed measures of Adosinistiation. Even whilst the
insurreetions of Naples and Piedmont were
pending, in the field of battle (if it deserve the
name), or in the field of diplomacv—and whilst
the destinies of the Greeks and Turks, and the
ambitious schemes of Russia, were on the
*tapis of negociation, this style of reserve and
mere ceremonial wits scarcely departed from.
No doubt, the same character will be preserved,
as far as possible, in the King's Speech at the
opening of Parliament this day. Such, however,
is the actual state of both the foreign and
domestic interests of the United Kingdom, that
the Speech is looked to with greatly-iutreased
iiitere!, from a belief that it is impossible for
the Nlinister to pass over the crowd of public
topics w hich lie directly in his way, without
letting fall some gleams of light upon the most
preSrsing nod prominent of them. The ppeniug
Session cannot elapse without the introduction of
important domestic measures of legislation.
It
is not likely, however, that any intimation of
value will be given of the nature of these mea-
sures, Hut the foreign relations and interests of
the country are in ft situation so mysterious or
critical, that it is now impossible to pass them
over with the usual expressions of general as-
surances of amity and peace.

[BRITISH PRESS.]
Spain is free, and truth finds expression in her
romantic realm ; but she is at present so beset by
hostility, calumny, and fxaud, as to be incapable of
extending the benefits of freedom beyond her own
immediate sphere. Great Britain is the only
country in Europe that is entirely beyond the
walls of the prison.house, and free from the ne.
cessity of self-defence. If then this country he
the habitation of men, enlightened, feeling, and
independent, let their voice resound through
Europe—through, the universe, in favour of those
principles which have endeared man to man in
all ages, and without which society would mean
a congregation of robbers. ff we have a Perna«
went such as the itevnlution of 1688 entitles us to
if we are represented in the Commons House of
Parliament, the Speech from the Throne will

speak the sentiments of the nation, or an address,
expressive of truth and fact,, will be voted, and
carry to the foot of the throne the conviction of
the people. We stated yesterday our' opinion,_'
that the Puppet-ministers of our unconstitutional
Government dare not express what even-Aey,
must think and believe. Of course the usual
preparations are made for moving and seconding
whatever address may be required in both
llouses. We have heard the names of the leaders
of this country-dance ; but A. B. C. and D. are
quite as respectable and as expressive of
indi-
tidual sentiment.

[NEW TIMES.]
The very general impression that the Speech
will announce his Majesty's resolution to main-
tain a firm neutrality, seems to have contributed
not a little to the improvement of the Funds.—
Consols for account, which on Friday were as
low as 741, opened yesterday at 75.1, and closed
at 761. An Evening Paper seems to have
strangely misconceived our intention in supposing
that we meant to give any countenance to the
absurd idea of armaments in our ports. We

Dave all along agreed in the statement that
" there is not the smallest appearance of hostile
:preparation in any of his Majesty's arsenals ;"
Yut it is part of our duty to extract articles
from country papers, the accuracy of which,
we no, wore vouch for than we do for the para-
graphs taken from French,' German, Spanish, or
American papers. In the present instance, we
copied ,verbatim from The Hampshire Chronicle
a paragraph beginning 4‘ in consequence of the
present aspect of affairs on the Continent." What
induced the Editor of that Paper to imagine that
the 44 aspect of affairs on the Continent" had any
thing to do with the business of the port, we
know not ; and we apprehend his conjecture
was altogether erroneous ; but in copying the
paragraph as taken from a Portsmouth Paper,
vie could not fairly do otherwise than give the
Editor's oss n words. Our readers, however,
know very well that our own opinion is the very
reverse. We may err ; but we think neutrality
is so obviously our policy in the present state of
things, that unless we hear the contrary announced
in the Royal Speech as His Majesty's determina-
tion, we shall continue to believe that this
country will avoid the evils of war..

[MORNING CHRONICLE.]
Hopes ore still entertained that there will be
io war between France and Spain, and we find

. ,
that they are founded almost solely on the lan-
guage held by men in office, or those who have
access to them. We would fain believe that
Ministers have no sinister object in view in en-
couraging these hopes, that they really believe
in the possibility of preserving peace, but we
confess we are at a loss to conceive how hostilities
can nowise prevented. The Spaniards naturally
cast an axious look at the present moment,
towards this country. With the exception of
their immediate neighbours (long rivals), the
Portuguese, we are the only friends they can
hope to have in Europe. The comparative means
of the two countries, and the tone of our public
men when speaking of the Spaniards, furnish en
instructive lesson to us. Little more than WO years
have elapsed since Spain looked down on England
as a comparatively insignificant Power, and since
Europe trembled with apprehension lest the Spanish
King should succeed in his designs of universal
Monarchy. How different now the situations of
the two countries I.—And yet the Spaniards pos-
sess a soil far richer than our own ; their country
is larger, and in number they fall little short of
ourselves (leaving out relando source of weakness
rather than of strength). How then happens Eng-
land to be so rich and powerful, Spain so poor and
weak ? Freedom in the one country, and des-
potism in the other, are the great causes of 'the,
difference. Misgovernment and injustice para-
lysed the arm of the Spaniard, while the Inquisi-
tion denied him the use of his mental powers. The
Englishman was snore successful. His Kings were
as tyrannically disposed as those of any other
country; but he succeeded in bringing one of them
to the sefttfold, and in banishing another, and
in the struggle the capabilities of the nation de-
veloped themselves. When Charles the First
was beheaded, we were less learned, less indus--
trious, and less rich, than the people of several
other countries. Had he succeeded in his crimi-
nal designs, we should have also been a servile,
priest-ridden people, the contempt of the world,
till oppression at length should reach the height
that might urge us to vindicate our lost rights.

LAW INTELLIGENCE.

COURT OF CHANCERY, FEU. 3.
THE HOPE INSURANCE COMPANY v. MULLINS.

This was an appeal front the decree of the Vice-Chancellor,
.who had appointed a receiver to the estate of the defendant.
Tito case was argued at considerable length both today and on
Saturday.
The defendant had gone abroad, leaving the deeds of his
estate in the hand of the Company as a security for Money
which had been lent to' him. Ile had executed a power of at-
torney, enahling his wife and a Mr. Money to act in his affairs
during his absence. They hid obtained further sums for the
SAIIV, purpose, until the debt due to the Company to manned to
LIMO/. There was a question, whither or nut the power of
attorney, which described the nature of the transactions in
which the agents were to exercise titeir diactetion, authortzed
the raising at the money by this means. -•
The answer'was, that the money was raised for the4ll4o.
aat's purposes, and was to all appearance laid out he.
neflt of his concerns, and that in his correspondence while
abroad. he had fully sanctioned all that had been done by his
correspondents on the subject. It was scarcely to be expected
that he would take the Money and use it profitably to himself,
and then deny his responsibility to pay it because it had been
borrowed by those whom he empowered as his attornies.
It appeared that the Hope Insurance Company hail declined
to advance the money'withoul collateral securities, who under-
took to pay' it if the defendant should refuse to ratify the trans-
action. These sureties were bound for 3,500/., and it was one
of the objects of the suit, in the determination of which the de-
cree was gtyen, appointing a receiver to the estate, until the de-
fendant gave security for the payment of the 11200/. to relieve
nt
the collateral sureties fro the ohlilation of their bonds.
The Lon') ANCY.LLOR said; that under all the circum.
stances, he thought that it was impossible for him to appoirit
receiver in this early period of the cause ; that being one of
the essential circumstances in issue, and one which in any case
ought only to be part of the subject of 3 decree. With regard
to the main question; which amounted to this—whethei the de-
positing of deeds constituted an equitable mortgage--the rule
formerly was,. that it did not constitute of necessity a mart-
aage. Other points were afterwards started, and it was then
sked, if the depositing deeds did not imply an intent to mort-
gage, what else could 1t imply ? Aceordinly, it had now he.
come the settled rule of the Court, that the delivering over the
dee& of an estate, as it evidently implied considerable difficulty
-to say the 'cilia of it, which the deposer of the deeds took on
himself relatively to the management of his estate, supposing

that no mortgage_ were intended, therefore such delivery of deeds
must be held to mply an intention to execute a mortgage, ex.
cept circumstances of an extraordinary nature also transpired at'
tke time of making the deposit, to show that there was no such
intention. There was nothing of that peculiar nature about
the transactions in this case as far as it had been laid open : the
power of attorney which authorized the proceedings of the wife
and Mr. Money in regard to ships and traffic said not a word
about lands. At the same time he could not appoint a receiver
to the estate in this stage of the cause. The plaintiffs must
amend their bill.
EX-PARTE E. CJtEBWELL, IN THE MATTER Or CRESWELL,
A LUNATIC.

Mr. WILBRAHAM stated that le had got the affidavits UP
out of Wiltshire, which defended all the transactions alleged
against the deponents by the petitioner. The bonds were given
in the way of security for bequests made by the lunatic to his
younger children, while in sound mind, in September last.--
They were only recoverable after the death of the lunatic ; and
as no valuable consideration was given for them, there could be
no action put in suit for their recovery against the lunatic. As
to the bills of exchange, also, which had been obtained at the '
same time from the lunatic, (he was not found lunatic till Dec.
last, and these bills were drawn in Sept.) they were quarterly
bills for maintenance, the same as the lunatic had been in the
habit of drawing for his children for eight years past. There
was no reason, therefore, why an interim committee should be
appointed to the estate. There were other allegations in the,
affidavits which affected the petitioner : he had lived at variance
with his father and the family for several years ; he was said
to be involved in debt, and scarcely able to go about in freedom,
through fear of an arrest; with other allegations to disprove
the propriety of the petitioner being appointed the interim
committee.'
The Lord CHANCELLOII thought that lie could not suffer
the estate, about which there was likely to,be so much litiga-
tion and scuffle in the Master's office, to be left to take care of
itself. On the other hand, lie could not think it safe to appoint
a party, whose power of inspecting the estate and looking after
the personal comfort of the lunatic was likely to be limited by
fear of arrest or the dread which the lunatic had of him, to the
office of a committee. The affidavits must be answered, or the
petitioner, though the best qualified in relationship, being the
eldest son, could not be appointed. He would give time to
prepare counter affidavits till Wednesday.

THE MANCHESTER CAUSE.
Mr. AGAR stated, that in this cause, which stood over for
some yeais waiting for his Lordship's decision, several persons
bad come up from Manchester to state that in that part of the
country no titles could be got in, individuals having refused to
pay them. It would therefore be taken as a special favour by
the parties cpncerned if his Lordship would give judgment.
The LORD CHANCE,LLOR said, he would, give judgment on
Monday next.
His Lordship stated when he rose, that he should not sit to-
morrow (this day).

VICE.CHANCULOWS COURT, FEB. 3.

TIIE COURIER NEWSPAPER.
STEW ART v. STUART.--JUDGMENT.

The VICE-CHANCELLOR pronounced judgment in this
cause. There were two questions, he said, in the cause : the
fii+st was whether the plaintiff, William Stewart, was entitled to
.cell for a declaration of the Court on the right of pre-emption
which he claimed under the deeds of assignment made to him
-by the defendants, Daniel Stuart and Street. The second
question was, if the plaintiff were entitled to call on the Court
for a declaration on that point, what the justice of the case re-
quired that declaration should be. On the first question it ap-
peared, that in the months of April and May, 1819, the
plaintiff purchase 4 from the defendants, Stuart and Street,
two shares from each, of the Courier newspaper, out of twelve
shares each, into which they had previously divided that
paper; and that he was by the terms of his purchase to be
retrospectively entitled to the profits arising on the shares
he had purchased from the month of October preceding ;
and that on the last day in the month of July following,
a receipt was tendered to him by the defendants, to be
signed by him for his share of the profits then due, which in
effect called on him to renounce the right of pre-emption which
by his bill he seeks to establish. The receipt he refused to
sign, and on the sth of August, five days after, Mr. Pearson,
the plaintiff's solicitor, wrote to the defendants, that unless
a common receipt were taken for the money coming to the
plaintiff as profit on his shares, he would file a bill in equity
to establish his rights, and to compel payment. To this letter
Mr. Clarkson, the defendants' solicitor, replied by letter on
the 10th of August, refusing on the part of the defendants
to pay the plaintiff his share of profits on a common re-
ceipt. There could be no question that the plaintiff was by
that refusal placed in a situation entitling him to call on the
Court to male a ,declaration on his claim of pre-emption. It
must next be considered, did any thing that took place be.
twecn the parties after deprive him of that right. On the
23d of August the plaintiff tiled the present bill, and on the
23th of August the defendants' solicitor, probably not know.
ing that the bill Was tiled, wrote to the plaintiff's solicitor,
stating, that the defendants were willing to pay the idaintiff
IA share of profits and take a common receipt. To this letter
the plaintiff s solicitor replied, that his client had filed his
bill, but that he would acquaint him with the defendants'
offer; and on the 31st of August he wrote again to the de-
fendants' solicitor, stating, that the plaintiff considered the de-
fendants' offer to pay the money on a common receipt an ad.:
mission that they were not justified in demanding any other,
and that they should therefore pay the costs : to which letter no
answer was returned. The defendants, in their answer, say,
that they were then ready to pay the plaintiff his share of costs,
and take from him a common receipt ; but the defendant, Street,
says, that he would have verbally insisted that the plaintiff' was
not entitled to the right of preemption which he claimed. On
this part of the defendants' answer, the Court must decide that
the plaintiff did not lose his right to demand a declaration
of the Court on the right of 'pre-emption which he claimed.—
On the second question in the cause, what declaration the Court
should Make on the right of pre-eruption which the plaintiff
claimed: It appeared that prior to the year 1808 the defend,
ants,. Daniel Stuart and Street, had been proprietors of the
Coglier evening , newspaper. In that year, for the first
time, they entered into articles of copartnership, which MIS
principally done for the purpose of enabling them to dispose of
the whole or a part of the share which each possessed in the pro-
perty of the paper, and to prescribe the conditions on which
they, or others who might become joint proprietors, should
transfer their shares. For that purpose they divided the peper
into twenty-four shares • Stuart's shares being numbered
from one to. twelve, and Street's shares being numbered
front thirteen to twenty-four. The reason for this numbering
of the shares was, that it wits agreed between the parties, that
before any proprietor of a share should Sell a share to a person
woo was not a proprietor, he was bound to offer it to every
Otherproprietor ; and as provision was made for tuenty-four
proprietors, it must of course be offered to some before others,
and the numbers of the shares were to determine the order of
priority. From the date of that agreement, no sale of a share
was made, previous to the sale of the plaintiff, in 1819 jfor the
circumstances in which Mr. Mudford might become entitled to
shares, were not necessary to be taken into consideration in the
present cause.) On the sthof Mardi, 1819, the plaintiff pur-
chased two allures from the defendant Daniel Stuart, and in the
following month he purchased two. shares front the defendant,
Street, which may be considered in the cause as one transac.
tion ; and it might be presumed, that when any person be.
came the legal holder of any share, he would necessarily take
all the rights and interests the partnership articles confer-
red, and become subject to ell the conditions it imposed, and
thlit44 svetuld, in eonsequenet,-become entitled to, the right
of pre-emption. Daniel Stuart and Street being sole pro-
prietors, had power to make new termse-to change the charac-
ter of the property—to deprive new proprietors of the right
of pre-emption, and to impose new conditions. It was,
therefore, a material consideration, whether any alteration
of the 'tenni of the partnership deed of 1808 was to be fotind
in the deeti of partnership and assignment entered into with
the plaintiff in 1819, and whether it was the intention of
the parties to deprive the plaintiff' of the right of pre-emption.
—The deed by which the first share from Daniel Smart was
assigned to the plaintiff (and all the shares were assigned
in the sante terms), stated, ;that Daniel Stuart, of Wickham-
paik, Oxfordshire, Esq., in consideration of 1,9991. paid by
William Stewart, Esq., sold, bargained, assigned, and made
over, fully, clearly, absolutely, and for ever,-till his right, title,
and interest in one twenty-fourth part of the Courier news.:
paper. If the deed stopped them, William Stewart would be
dearly entitled to every thing that Daniel Stuart poeSessed
under the deed of 1800. Any qualification of that right must be
found in the words that followed, which were, ".subject to the
conditionshereinafter mentioned." These words,it had been ar-
gued ; meant not merely that Wm. Stewart was bound by the
conditions afterwards enumerated in the deed, but also that he
did not become entitled to any benefits under the deed, but those
that were specifically mentioned in it--that was a principle of
construction which the Court''Could by no means atimiL The
enjoyed by Dan' deal of assignment gave NVro. Stewart all the rights and be.
they could only be limited by exe.
nefits belongingte the share it assigned, as fully as. they were
be found. There was n
peels terms In the deed and there were- no such words to
a single word in the deed which
pointed at any intention on the part of any of the parties
that 'William Stewart should be excluded from the right of
property that was included in the right of pre-emption. The
deed of 1808 was a code of rights outlaws agreed to by Daniel
Stuart and Street, for their mutual benefit, in the governmt en
and dianissal of their joint
property ; and every subsequent
proprietor was to be hound by all the obligations of that code,
anti to enjoy all its rights &Ad privileges, unless in the