The Sun.
London, England, 1823-10-07 00:00:00

BAYONNE INT4LIJIGENCE.

Tiairc.,rmr., SUPT. 28.—We do not 1:00V4' to what to ascribe
the defeat and capltulation of the •colninn that landed-at Bade:
lona ; • but Fernandea, the, commander., it accused by his party
of having' behaved:M. The first foreign legion was •sacrifleed
in this affitir, in which discord arose hetween the Frenchand the
Spaniards. Advantages so important most necessarily have a
propentlefating iniluence in the contes4 for, with the exception
of Catalonia, anti the wsak corps in.-Estremadura, the,Constita.
tionalists are actually reduced to the!» fortresses and sornegtte-
rillas. on the arrival of General Rourck, the party will be re.
duced,'and shut up in Radalos and Ciudad Rodrigo and. as
fpr Catalo44l, the entrance of. two thousand five .hundred. men
from Perpignan, and of six thousand men from Pampeluna,
will -give a 'mortal 'blow •to the army of Mina,' especially, if
wc• may .fudge by tba.results of the operations of Marshal
Moncey, Who combats with inferior forces; we may therefore
expect to see him confine 'Millais to the province• of Terra,
gone, and the t,:oastitutionalisis shut up in the important for.
trosact of ii.o.S'eta,.Pigtleraa. (taken), I.crida, flostalrich, 13ar.,
celona, Tarragona, Cartitagena, Ahearn., Poniscola, Buda-
jori. Chided Rodrigo,' and Cuclir., without so much as an'
army of ten „theusand ,men- to relieve: these garrisons,. It is
true, the.blocitade or the.siege of these places ts not. the work •
of 'a'day, unless, as the Royalits boast, the taking or the sub-
nasition of Cadiz
.filiould decide the questioinSome persons
apprehend that the ref ction which mutt be eNpccted to follow
the overthrow of the t.!onstitutional system will males it ne-
oessary forfora Itirg4 French Army of Occupation to remain in
Spaln ; but, according to other calculations, the tioyomujel);
of Ferdinand, or of the. Regency, will recover strength sufli-
chret to k.:}) in awe the remains of the revolutionary faction,
and, a Frenalt corps of 25,000 men will .suffice to complete the
counter-revolution, retaining possession for a time of some
fbriresies--such av Scu, Piguerat, Pampeltina, St. Sebastian,
and .Santnna anti itis not improbable that if Galli should be
occupied, it will, not be the first to he evacuated...—At present
the 1 retied are going to put garrisons into St. Sebastian, San-
tone, and • l'arrehina, and the damage done to the latter by
the bombardment ;is expected to he repaired. ShOttld 'this:oc-
cupation of the three provinces, and of some ports on the ocean
and in the Mediterranean, take place, it will he injurious to
the commerce of England, and alibrd the Russians .great faci.
lines for keeping thcir,.squadrona in those seas.

THE NEW Poec.—The Cardinal Della Gengn
(Attnibal) is an Italian. lie was born on the '2,d
of August, 1760, at the Castle de la Gunge, situat-
ed between the Duchy of Urbino, and the march
of Ancona. Ile was Nuncio during 14 yt ars in the
electorates of the Rhine. At the period of the
persecutions exercised by Buonaparte against the
head of the Church, he was obliged to quit
Rome, with the other prelates anti cardinals.
born out of the states which remained to the
Sovereign Pontiff. At the epoch of the restora-
tion he was sent by the late Pope (Pius VII.) to
congratulate Louis XVIII. on his return, and he
was afflicted at Paris with a long illness. In
1816 he was re-invested with the Roman purple.
At he moment of his nomination he was Cardinal
Vicar, that is, administrator, as regards spiritual
affairs, of the diocese of Rome. lie is, says the
Journal des .D4bats, a man of great learning, ac-
customed to business, and of irreproachable
morals.

The threatening letter to the Elector of Hesse,
seems to have excited an uncommon sensation.—
On the I.lth ult. a proclamation was is iced at
Cassel, offering a reward of 10,000 dollars, about
,e 2,000. sterling, to any one who would dis-
cover the writer of the atrocious letter on the
'27th July last. In case the affair was known
only to two individual.), if either will " referen.
tially discover" the other, the informer shall not
I only be kept harmless, but his name shall, if re-
quired, not be disclosed, and be shall further-
more receive a reward of 5,000 dollars.

COURT OF VICE:ADM IRA LTV, LOWER. CANADA",
MONDAY, AUG. 11, 1823.
Judge krun.---Titis information has been preferred against
Web Norris, Master of the brigantine Iritiiain, of Dublin,'
for penalties-to the azimut. 42,5004 for' having taken from
the port ofDublin,and brought, to Quahec, fifty pagsnger
more than are permitted by law to be carried in the said
brigantine, in contravention of the 57th of his late Maj,;:.ty,
cap. 10.
The question is resolvable to a shortinquiry of fact, whether
the defendant has incurred all or any of the fifty penalties for
which the informant proceeds in demand in his and after
reading over the evidence taken in support of it, I must say
that it exhibits a case of as lawless behaviour 'and Moral turpi.,
tudo as is rarely disclosed in a Court of Justice.

It appears from the evidence of Thomas James, the mate,
that the brigantine sailed from the port of Dublin on the 14th
of May, and on the'same day came to anchor opposite Dun-
leery New-harbour that Nerria, the master,' wait on board,
and went on shore in. the same evening er'next day in the
morning; that he returned on board in the night of the 11th,
at 11 o'clock; when, he returned he said that when he was on
shore he had heard fliat this ship bad fonided her anchor, and that
he must heave it up. Here he threw aside the veil, and touch
ing the witness on the arm, he added,'" Don't take arty notice
of my being in a passion, or what I may say, but the ship must
go to sea immediately ; that if she did not go to see that night,
she would be stopped, and not allowed to gte'' Ile farther
suttee, that tiler() were two, custom-housty offoore on board, AO
that by the master's orders the anchor was weighed. and the
*hip proeeedal to sea, when, touching at Howtil-harbonr, alt ru t
day-light on the Mil, the custom-house officers were landcti
and the brig proceetled on her voyage to Quebec: •
The witness produces a paper, which, he says was given to
him hy Norris, showing the numberof families to 'whom as mate
he was to serve out water during the; voyage; and .this
contains, in number, as fax as I can understand front it, 11'9
souls. Ilis evidence also goes to prove that; there was battle.
room to work the ship; that part of Ahese families slept in the
long-boat on deck; and of-the number, happily only 11 ehild-
ren.died—a,cireumstance. that he attributes te.thecoldneSs of
the weather.
James Hunt, a passenger, states that he, his wife, 27 years
of age,• with child, and two relative!: ceibarlt.:d on board of
the brig on the 14th of May ; that neither he for his family
had a birth toceepting.his. wife, who 'eat''. starved Atit4
cold, and was permitted for three nights to sleep in the cabin ;
that during the first-tin nights, they were obliged to sleep be-
tween the births ; and at other times in the bag buat, tiPor,
deck. For the last three- weeki of the OttOritizei.,l4o aafratthat
they ltty in the hold en some repes where the ehil.tijo tool witit
him died, and where hi 4 wife was delivered Of wither. /re.
does not know the .exact number of posserigsgro, hut lee6VS that
there were more than '7o' grown ' persons, and I:filvariAs or N)
children, exclusive of:11 who died on the pautige,
Welter Stir:m in swears that there were gleam .140 pasermrs,
and though he was proinittod a birth byiih,i.,wanirs:,Allt...F4.l.i.t,
of Duhlia, he was obliged to sleep in the long boat PR tlac!t,bv
which he lost his health, and is now es:with-4:e 'fte-itity's
that he paid four guittees -to the owper ~for his, own anal his
cousin's passage.
771p1ig4, it appears thetihtl passermeTs fat e;a,:v.:eied: the num-
her restricted by the Statute, which is " hue edult person,. or
three children under. 14: yearkollage,•for etiory.onoton undhalf
of that part of thefrshiP or vessel rernaininu toladt,n,",yet they
ell difflT as to; the Precise numberOihielitiVtot to be wandered
at, considering the crowded std tea e.whip, powcvez, the
testimony of Mr. Fife 'the'Custora-toi se btftteet, who 'boarded,.
the brig on .her arrival, aral.yelun gmentedrthe,passepgcot its thp
presence of Clifford, the other Wittiest, enabled the, Court to say
141 VoirectneeS that there wive ex'clusitte dare: are w, ninety-
flelrpt grown persons and forty-fgur children, that were brought.
from Dublin in the brigantine Witham, a .vene...4 of (Wily
ninety-three tons burden, Mr. Fikst!tteit that thc ship was so
filthy, and the smell between decks'io cfrensive; that he did not
venture to, gultelow. ,
These' are the acts which the informant discloses, and c 0..,
tainly, the case is a deplorable 'One. ;It I* n vaid that the eivi-
heed nations unite to abolish the slave. trade,„ mid to -mitigate
the miseries of'Mankind,, if, from the vile passiori ;of avarice,
which is " semper inutiglyilis," a: traffic like this is
permitted, with impunity,' to be carried tat between our shorttA,
by which. numbers of otirfellow4ittlAjects are takep hoodwinked.
from their homes and consigned tUmiSeries which can only ho
comparga to the Bleach-Hole-.at Calcutta. :11s io' this
instance,' the mortality was not great* considering the crowactl
totp4;•f the ship t- btu hail the weather" been wiiiinettrntihu
winds less favourable, I do not, think that one of the nnrohcr
woyd'iiavelivnd to tell that tale of their sitWeringse',,
Follewiug the dictates of my bearttmdlntlerstanding, I find
thelltdi and the law with the nthrtuant; and the tlizt3' tieing
move& the law - with conclu-
sion.:-that the penalties for a the recovery s f which thti- in ftirni-
ProP4r. omvo, Imo been, friar W dvetegqiutr.
the suns 2,641. sterling be yai4 by the:der:3y ant, .Stlilliaut
Sorria, ont;rooiety his FI ji styy mud thi'biliti moiety to she
infovnant.
' '

razatiTyuL AccinENT.—On Saturday nigltt)
about ltalf-past seven o'clock, Lutherhy, waterm an, of Green.
al+, in returning home With bis•boat, between Shathittl-and
lintitethithe Tan) run Alawn: by . the .I,,,endon
Pa
t tot., and'inmiediatelYmt under the wheel, whielflaceretid
the flesh in 4 IpOst horrid - MRlllllO.'l (;ine of the crew tif,the
Packet was in her boat, and gave an alarm. The Vessel was
instantly stopped,: and be. succeeded in pulling the, untbriti.
nate man out from under or rather between. the wheel, a
moat mutilated spectacle after which, he was'ptte into a boat,
with cramarthy, an pflicer ,irlotnieng to the Thani,';
who liontediately conveyed the s ering individual to Mr. Gen',
1n9411 Slirgeoll,• at.W4tpOng.ovall, who strapped„ the iacera.
ruiner together, and &eased the parts wounded. Although 041
lows are sliocoveesd to; Art broken, _the 0440 ixarne, is I'o m;4 ost
frightftil state. Cramart after tbis took him to his house, and
wats followed by the.osiaer.arattaptain of.tholiaeherovilaa gave—
orders that he might be supplied with every thing,to make his
situation comfortable. The apparel of the 'ltittorittnate matt
was torn trout his hotly, irtil h.Q114.1144:i nntltiip.bgP Been.
No blame is attributable to thiti'itavtgatOrs, as The ' r nun ixn
fortanately shoved his.boachefoepoOstvasfdi wit oitilipp.the
dark anti foggy annespiterel he could' not perceive; nor could
the perisens on ..boar(l.lteo inin or hear him until awakened by
the
.person who was in the ship's boat.
E XlitA oltDi S .411.Y.Pit oti tlt:4`l ON OF APPLE 5.....:...
Alien tvstnall'graft of it nonsuch apple
tre..‘'' wits inserted on it golden tontrt,
fformany years-grown o w
n a all I,ronliti4' the
in the' garden of the Rev. Mr. Ti!(;Ntscu.:,
at Newbattle Mainte. 'rids fitero ;lee 'oit
the above graft wety..ci in,fil full ono" „
within the spae4y oftt very" little tnnte than •two
square feet of the wall, the len:oh of thi.; /-(..
tnarkable cluster of apples hying 'only forty-outt
ittch6, and thenteditutt'breatith of it 'l4i,veqf ittelics
and a quarter.—(Edinburgit Courant.)