The Sun.
London, England, 1823-04-24 00:00:00

LAW INTELLIGENCE.

COURT OF RING'S BENCH, APRIL 27.
TUE FIND v. TILE BIRMINGHAM GAB LIGHT AND COKEI
COMPANY.
This ,was a case sent from the Warwickshire Quarter Six.
sions for the opinion of this Court, upon the question whether
the Birmingham Gas Light and Coke Company were rate.
able to the relief of- the poor of Birmingham, in respect of
their profit: derived. from the cOnveyanee of gas through pipes
and tunnels, under the streets of Birmingham, by reuson that
such • conveyance by the means mentioned was a beneficial
occupation of lands within the meaning of the statute of
4.3 Elisabeth. The defendants had been rated, not in respect
merely of the annual value of their works to let, but also of the
annual profits derived from the .manufacture of gas for the pur.
pose of lighting the town of Birmingham.
Mr. G. N. Ut.n.itice., Mr. GURNEY, Mr. READER, 'and
Mr. Hot.nE.Acit, were heard in inipport of the order of Sessions
confirming the rate. Mr. D. POLLOCK and Mr. ADAMS on
the other side were atopt;
The COURT being clearly of opinion, that the defendants
were not rateable in repect of then profits, properly so called,
and this being a question of value, they were only liable in
according to the annual value of their works to let by the year_
The order of the Sesriions was therefore quashed.
INOLISII V. CABALERO AND WIPE.
Mr. TINDAL moved to quash a writ of lento: issued against
these defendants, 'on the ground that Mr. Cabalem was privi.
leged from arrest, being Secretary to the Spanish Ambassador.
Mr. CAMPBELL shelved cause in the first instance, and ob.
jeered to the insufficiency of the affidavit on which the motion.
was founded, fist, in not setting forth the name, of the Spa-
' nish Ambassador, for non coastal. that the defendant was Se.
cretary to an accredited Ambassador from Spain ; and second,
in not stating in point of fact, that the defendapt held the situ-.
ation of Secretary at the time the writ issued.
The COURT thought the first objection untenable, but thir
second.l appearing irresistible.
The Rule was discharged, but without costs.
The Judges and the King's Counsel were attired in their
full-dregs robes for the purpose of attending the drawing room.

COURT OF. ADMIRALTY, APRIL 22.
TITLE XII(G V. WILLIAM WIITTANgIi.
Dr. JENWEIi stated, that this was aproceeding by appeal,
from a, judgment made in the Vice-Admiralty Court of .fa.
maica, upon a case under the act of dth George 3d. cap. 13.
The party was proceeded against under the act in question,,
which enacted, that if any person should import or export-
goods before the payment of the duties, which might bylaw
be charged upon them, or, who should import, or assist in
the importation of goods, altogether prohibited, should forfeit
penalties to three times the amount of the, value of the goods
so imported or exported. And the chief question before the
Court was, on whom did the burthen of the proof of the of,
fence lie ? He subthitted, that although in certain cases which
were exceptive to the general rule of law, the burthen
the proof that the goods were not prohibited was thrown on the
party proceeded against ; yet, under the present act, which was
so highly penal, there was no such exception, and the party
proceeding for a penalty was bound to prove his case fully and
completely. It was to be proved that the goods imported were
prohibited, or liable to she payment" of thity whether the
This must be proved by competent evidence ;
party in the cause had performed the acts with which he *424
charged or not.
anti the Learned Counse I contended from the evidenc,-
given, that the case was not sufficiently made out, and from,
the acts of the 12th, lath, and 14th of Charles 11. for the
regulation of the intercourse with the Colonies, that although
they required that the burthen of proof of non liability should
be thrown on the persons charged with importing goods liable
to forfeiture, yet they were perfectly silent, and made no such
provision with respect to those cases where a penalty was sought.
As no special provision was therefore made in these highly penal
cases to throw the ouur probandi upon the party charged, he con-
tended that they came within the general princtple of law, which
required the person seeking penalties to prove his case completely
In the present instance the goods were abandoned by the °rip-,
mil owner, and sentence of condemnation was passed upon them
b default. Then Air. Whitaker, who received them. in the
island upon a representation that the goods were " customed,"
was proceeded against under the Act for having assisted in
porting "prohibited" goods, and the sentence of condemnation
was adduced against him as evidence at the goods were pro-.
hihited, and had been imported improperly. The Learned
Counsel contended that the sentence of condemnation was nor
admissible as evidence to prove the facts in question.
The limo's ADVOCATE (with whom was Dr. ADAMS)
replied at great length, contending that the sentence was ad-
the case arose out of the same. Act of Parliament under which
raissible upon the principle laid down by the Chief Baron,_ as
the sentence was passed.
Lord .tiroWELL adjourned the further hearing until a fu.
ture day.

THE 1.0-N-4). ON jOintNALS.

DAILY
Ea4raets from the Morning Papers, Ap►•il 24.

[I4IORNING- CHRONICLE.]
We alluded a few days ago to the march of a
large body of Russians to support the French.
Though sonte persons may yet doubt this intelli-
gence, we again state that such a force is. eon-
centlating. Even if common sense did not tell
us that the French Government would never
havo4dvanced against Spain without a cur-
tainty-orSupport, we must have been prepar-
ed for the co-operatton of Rtissia by .Mr.
Canning's answer to Mr. Warre in the House
of Commons the other evening; that though
no regular Treaty was signed by Russia,
Austria, and Prussia, to support France • with
all their force and power in invading Spain,
yet he did not mean to say that there were. not
assurances or untrerstandings .upon the subject
between these Allied:Sovereigns- and France.—
The decision of the House of Commons on Sir F.
Burdett's motion is most important. It evinces
that the House is strongly impressed with the
necessity of inquiring into the state of Ireland;
and that on this subject it will not yield to either
the compromising or the intolerant party in the
Cabinet. If Mr. Plunkett be true to himself or
to his duties—if Lord Wellesley's Government
be true to itself or its dutitA--and, if both fail
(which we would most unwillingly anticipate),—.--
if there be any one Member 'of the House of
Commons, possessing the necessary local infor-
mation, who will do his duty,, advantages the
most important must result.. to Ireland from the
inquiry about to commence at the Bar of the
House. To Mr.-Abercromby's motion there was a
most impotent conclusion. On that occasion, us on
former introductions of the Orange question, there
was shewn a tenderness towards the association,
something like , the fond partiality of a weak
parent to the mischiefs of a• spoiled Child. It is
thus that the tranquillity of a nation, that the
happiness of a people, have been trilled with.—
We have do doubt the progressive assumption of
the Orange Societieshas not escaped observation.
In 1816, on a Petition stating certain declara-
tions made to the Petitioner by ihe.present Irish
Lord Chancellor, and the late Irish Attorney•
General, approving of the principles, of the
Orange Societies and their conditional allegiance,
Mr. Peel, then' Irish Minister, said in his place
(see Morning Chronicle of 14th June, 1816)
" With respect to the alleged conversations with the Lord
Chancellar and the Attorney-Lieneral, the Hon. and Learned
Gentleman Cllr, Brougham) had thoughtlo reduce him to this
ililetorna, either to treat the matter lightly, or to say they were,
positive falsehoods. But the Hon. and Learned Gentleman
had no right to put them in this dilemma. He had no right,
by a mere statement of an alleged conversation with twoof the
highest Law Authorities, to sa you must come down with
your adidavits to disprove it. lie would tell hint he bad never
thought he even to inquire into the subject. A Government
,would indeed be to be pitied, whose Chancellor and Attorney.
General should, in a eonvirsation with an individual disaatiatied
with their conduct, have so little discretion us to utter little less
than treason against the Government under Which they were
acting. Re bad nothing to say in contradiction to this 'part of
therstatement, and if the Hon. Gentleman chose to express his
belief in it, there lie must leave him."

• ['rue Times.]
There is clearly nothing at present upon whic
the .welfare ef_ the_ nation so' muck_ depends as
upon the pacification of Ireland. Probably neither
ancient nor modern, times present an instance of
a country so governed for the space of 30 years
as to become every year
,more and more turbulent
In itself—every year more and more disaffected to
the dominant state—every year less likely to
subside into peace and constitutional obedience.
It is clear that an Administration which should
pacify Ireland would be the greatest blessing
that this country has ever possessed since the
Otte of the Revolution. With what astonish-
ment, therefore, must it be (if any political
absurdity could create astonishment) that the
nation incessantly hears the members of the present
Administration boasting that discordance of prin-
ciple among themselves, and that adherence of each
to his individual opinion with respect to the
propermode of governing Ireland, which must
for ever keep the country in a state of riot and
confusion. What should we have said of .Buo-
naparte, if he had thus, governed his subject or
federative States ?—Last Thursday night Mr.
Wynn declared 44 that his great object in coming
into office was to serve. the Catholic 80dy."7-,
Ha spoke of the Irish es enjoying since that
time 44 the advantage of the most impartial and
conciliatory , Government." Hereupon Mr.
• Peel, a Gentleman, holding ostensibly a higher
situation in the present Ministry than Mr.
Wynn, but with less Parliamentary influence
at his back, got up, and he also stated his late
accession to office to have been on the express
understanding that Se should retain and profess
his old opinions with respect, to the Irish affairs
is, opinions, directly contrary to those of
Mr. Wyno. So that these two Gentlemen enter
the, Ministry—the one with the hope of carry-
ing—,and.the other with the view of impeding,
the Catholic question : aid as to a conciliatory
Administratinn, Mr. Peel declares the mode
of governing Ireland, during the dose when he
acted as first Secretary, to have 'been the very
paragon of 'conciliation. 44 W ell, G ontlemeu,"
we should say, " all this may 'be very true ;.
44 you retain your opinions in the teeth of
tg each other with exemplary pertinacity; but
what goo 4 does that do to Ireland ?"
Were Ake Government of Ireland a secondary
consideration, members of the same administra-
tion _might perhaps be allowed to differ in opi-
nion on the subject, as all men. who act together
must make some sacrifice on minute points. But
what is there of equal or nearly equal importance
to England with the pacification of Ireland ? and.
ought men to sit in the same Cabinet, who are
totally opposed to each .Other, and make it a
point of honour to assert that oppositionras to
the course to be pursued on' so vital a question'?
These assertions and boasts,oaly inform us that
Ireland is- to be lost to the empire, so long as
such discordant councilfi are tolerated.

feutrisn PRESS.]
The report is general in Paris, that the Spanish
Cabinet has issued a declaration in answer to that
of,Angonleine's on entering that country., which

has been received, it is said, in Paris ; but, from
the bitter truths it telli, the 'French Ministers
will not suffer its appearance in their Jew-rnals.—
Moncey, the aid French-Marshal, hits,, it appears,
at length entered Catalonia ; Milan:' corps, one
of his divisions,• penetrated by Figueras, and that
of Curial (so long in the vicinity of Perpignan)
entered by Carnpredon. The first progress of this
part of the invading army is said to have been snc-
cessful. At Cumin°, Milans encountered a body
of the Constitutional troops, and after a short but
sangufnary engagement, in which it is said the
Spaniards suffered severely, they were defeated :
tw o hundred are asserted to have been taken
prisoners, who it is added afterwards enlisted in
the French army. Interrupted as the direct
communications now are with Spain, we cannot
for a while hope to have any authentic intelli-
gence. All the accounts that come through
France will be of course garbled and made up,
and this latter we believe to be in a very great
degree exaggerated. The Bayonne Papers, which
we have received to the 16th, state, that the
ferocious Trappist, Antonio Maragnon, had
been arrested by orders of the Duke of An-
gouleme, for having violated his orders, and
ill-treated the Constitutionalists. This news, it
is added, has made " the adherents of the Faith
tremble with indignation." If Angouleme goes
on in this way, acting with the semblance of any
thing like justice, the alliance between him and
the bandits of the Faith will be very short-lived
indeed. Their object is plunder and assassi-
nation ; and if the Trappist, or any others
of these wretchess, are baulked in their pur-
suit • through the interference of the French,
they will soon turn on their allies, and try to cut
their throats and rob them also. It was, it seems,
as a protection against these miscreants, that
Bilboa (at the reeluest of the inhabitants), was
occupied by the French ; and a line, in conse-
quence, was drawn, which the Army of the Faith
were not to pass. I'ampeluna is stated to be firm,
and determined to hold out to the lust ; 1,700
Constitutional troops are stated to have entered
lately, bringing a large supply of cattle with them.
Canuel's division has been ordered to replace that
of Count Bourke, before St. Sebastian, which
is to move forward. An Ambassador of the Holy,
Alliance (most probably Russian), is mentioned
to have arrived, deputed to the circle of fugitive
traitors called the Junta of Spain, who were then
at Orthes. Austria is new stated to be more
than lukewarm in the invasion of Spain. The
power and influence of Russia have excited her
jealotvy ; and she is said, on the presentation of
a late note by Mr. Gordon, the British Charge
d'Affaires at the Court of Vienna, on the affairs
of Spain, to have coincided in all our sentiments
respecting that country.

1.1111*.w T 1 MEL]
The Telegraphic Dispatch, which we published
yesterday morning, is of great moment,as a proof
of the inability of the Constitutionalists in Spain
to make a stand against their opponents. Already
has the French army traversed the whole of Bis-
cay without imiletliment. It enters Old Castille,
and finds in its way the strong fortress of Pan-
eorbo, with no less than thirty•one pieces of can-
non, all of which are instantly abandoned ! A still
more impiortant capture of the port of Guetaria,
which enables the French Government to provi-
sion its troops by sea. It may be remembered
with what difficulty and at, what immense ex.
pence our army in the Peninsula was furnished
with ammunition and provisions, until we
bound means to dispatch vessels to different
ports with the requisite supplies. But perhaps
the most remarkable feature in the recent intel-
ligence is the cordiality with which the Duke
d'Angouleme is greeted by the Spaniards as the
Liberator of their Country. They look upon him
with respect and veneration, as a Prince of the
Royal House of their Sovereign. They see in
him the Commander of a force, which comes to

break a yoke that they find intolerable. It
has been truly observed, that the Spanish
Nation is, of all the European People, that
which will least brook any interference from
abroad. Great therefore must be their hostility
to the revolutionary, system, when, in order to
overturn that system, they gladly court the aid of
Foreigners ! The Bayonne Letters seek to
weaken the impression of this striking fact, by
throwing out hints, of a disagreement between
the Duke d'Angouleme and the Royalist Chief
called " the Trappist ;" but this is probably only
part of their constant system of fabrication. We
have alreadyobserved upon the remarkable circum-
stance that Bayonne is suffered to be tho resort of a
set of individuals whose objectis to spread alarm
and discouragement throughout France. The

Minister of the interior, one would think, might
easily counteract themanceuvres of these gentry ;
but, perhaps, in the curious complexities of
political intrigue, his Excellency may have
personal reasons for not interfering. Be this as
it, may, the fact is certain, that the Bayonne
Newspapers are in the hands of the Liberal fac-
tion ; cud that their announcements of ill success
to the Royalist cause have been constantly fal-
sifted by the event. Nevertheless they go on
prophesying evil ; and their delusive statements
are eagerly caught up and re-echoed by their
brother Revolutionists throughout Europe. The
truth, however, appears gradually to pierce
through the veil which has hitherto been spread
over Spanish affairs. Facts are stubborn things :
and there canitardly be a more convincing fact
than that the French invading Army tins ad-
vanced without resistance into Old Castille.

[.MORNING POST.]

If the 'Opposition entertained any hope that
the additional Papers which they called, upon Ministers to lay
before Parliament would furnish them with any pretext for
arraigning the conduct of the British Government in the re-
cent negotiations, they must now experience no common dis-
appointment: Papers' already before the world were
sufficient to establish. the 'fact, that the diplomatic pro.
ceedings' of England, had-been • as honourable 'and wise, •as
her • policy was discreet and manly. But these addl.,
tiimal documents afford' still ' clearer prods and more
splendid illustrations of the high talents,' the coniummate pro.
denceohe unvarying consistency, and the immaculate honour
which haVe guided the Councils of the country. It was asserted