The Sun.
London, England, 1832-02-03 00:00:00

HOUSE OF LORDS.-(THIS DAY.)

The LORD CHANCELLOR sat for the first time since the
Christmas recess in the House of Lords, to hear Scotch appeals
to-day. His Lordship did not take his seat till after eleren
o'clock. The other Peers in attendance were Lord Kenyon and
the Bishop of Killala.

BILIE GANT.
The principal question in L
thisv. appßeal was whether the appel-
lant fell within the description of persons who by the Statute of
the 54th George 111. chap. 137, were liable to sequestration. The
short facts of the case were as follows :—The respondent, who
was the brother-in-law of the appellant, was a creditor of his
petitioning for sequestration, and founding her title to make
that application upon a decree arbilrer of the 20th of
Oct. 1812, by which the appellant was found liable- to her
or to other parties in whose right she stood, in a sum amounting
to nearly 1,5001. This debt was not admitted by the appellant
who maintained that he was a creditor of, and not a debtor to, '
the respondent. The appellant, however, did not rest his oppo.
sion to the sequestration upon questioning that debt, but asserted
that he had never been engaged in any trade that could have
subjected him to sequestration prior to the year 1819, when he
commenced the business of a retail grocer and spirit dealer, in the Canongate, Edinburgh, which he only contif nued for the space of twelve months; that the debt, if any
existed, had been contracted long before this trading took
place, that no sequestration could issue against him for
a debt unless contracted during that trading; and that upon
winding up the business he had discharged every sixpence that
was due under it. The respondent contended, that the appellant
was still under contract, incurred in trade which he had carried
on, but that ground failing her before the Court of Session,
she insisted, that as the debt was contracted in 1812, seven years
prior to the appellant's commencing business, it must be held
that her funds had been involved in that risk, that the
appellant having been once subject to sequestration at her
instance, must continue so till her debt was discharged,
and that it was perfectly immaterial whether the concern was
wound up or not, for that her debt having been contracted prior
to the appellant having been engaged in trade, he was liable to
ns uot heas tvrea tbieeo assu
bl
joencgt at so t t
sequdeesbt
rt.
tc, oo tig
isubsequent contraction. On the case coming before the Court
fnutedhe dtehbotughhadhebeenVoift
of Session their Lordships decided against the appellant, from
which decision the present appeal was lodged.
Sir Charles Wetherell and Mr. Wilson appeared for the appel-
lant : the Lord Advocate and Dr. Lushington were Counsel for
the respondents.
Mr. WILSON was addressing their Lordships on behalf of the
appellant when our reporter left.

COURT OF KING'S BENCH.-(THIS DAY.

Sittings at Nisi Prius, before the LORD CHIEF JUSTICE,
at Westminster.
THE KING v. SIR RICHARD BIRNIE AND OTHERS.
Mr. ARCHBOLD said this was an indictment at the instance
of Mr. Henry Carmichael Smith, against Sir Richard Birnie and
...._ Mr. Halls, two Magistrates of Bow-street, and Burchall and
Ford, two of their officers, for an assault and false imprison-
rent. The
Learned Counsel, after stating the circumstances of
theii case, called
the following witnesses
:
Mr. Smith, the prosecutor, stated that in November, 1830,
having occasion to make a complaint before Sir R. Birnie, re-
rting the conduct of Goddard, one of the officers, Sir 11.
Birnie refused to hear it. He, in consequence, applied to this
Court, and obtained a rule nisi calling upon Sir Richard to shew
cause why a mcnidatnus should not issue, compelling him to hear
the complaint. On the 15th December, understanding that Sir
Richard had consented to hear it, he went to Bow-street,
accompanied by his witness, James Trezies. Sir Richard
and Mr. Halls, were sitting on the bench ; Sir Richard then re-
. fused to hear the complaint, referring it to Mr. Halls. Mr. Smith
would not have it heard by Mr. Halls, stating that the rule was
directed to Sir It. Birnie. Mr. Halls then declared the com-
plaint to be dismissed. Mr. Smith was about to retire, when
Sir R. Birnie called out " Stop him ; shut the door, and do not
let him escape!" Sir Richard then asked, " Where is the per-
son who has the information against Mr. Smith for impeding the
course of justice ?" Mr. Smith went to the door demanding his
liberty, but the door-keeper pushed him off. He was prevented
from leaving the office for twenty minutes. Sir R. Birnie in
the meantime went out, having previously exclaimed, " Th:s
man is a pensioner ; we must see and get his pension stopped.
A pretty man to be a pensioner, tampering with the due course
of Justice." When he thought they were going to lock him
him up he sent Trezies for his brother; he was so detained for
about twenty minutes. Sir R. Birnie went out of the office and
while witness was sitting on a bench at one end of the Office,
Burchall, at Mr Halls' request, told him that he was to go before
that gentleman. Witness told Burchall he had nothing to say to
Mr. Halls, and again demanded his liberty. Burchall said, "if you
wo'nt come by fair means I must take you by force," and seizing
him by the collar he dragged him up to the iron rails, to which he
clung; Ford pulled him away, and he and Burchall dragged wit-
- ness before Mr. Halls. Mr. Halls said, " Mr. Smith, as I under-
stood there was an information against you for tampering
with the due course of justice, and as you were present, I con-
sidered it my duty to detain you; now that I have read the
charge in the information, I don't think I shall be justified in
• keeping
,you in custody any longer; you are therefore d's-
charged.' Witness then told bins he should seek redress, and
then left the office.
Cross.examined by Mr. ADOLPHUS—He refused to state
whether he was the prosecutor in ac ase tried on Wednesday ; he
refused to answer any questions about the rule against Sir It.
Birnie. He paid the costs of the rule owing to the misconduct
of his C,ounseL—(Laughter.) It was owing to your conduct,
eight or nine years ago, when you were my Counsel, that Sir R.
Birnie has got into the present trouble. Had got a warrant against
his own wife and others, among whom were two officers ; they
had all been taken on that warrant before the Magistrates at
Bow-street, and that occurred before the assault in this case.
On the 15th December, the day in question, he met Goddard the
officer, and offered that if he would be a witness for him he
should not be prosecuted, but did not offer him 101. to do so. Mr.
Halls was willing to hear his complaint, but witness refused to
have it heard by him. Did endeavour to jump over the rails to
escape, and would even have escaped up the chimney if he could.
James Trezies, who accompanied Mr. Smith to Bow-street,
corroborated his testimony up to that part in which he was sent
for Mr. Smith's brother.
Mr. ADOLPHUS addressed the Jury for the defendants, and
contended that they were fully justified in detaining Mr. Smith,
he being in the office, and the Magistrates understanding that
there was a charge against him. The detention was as short as
the circumstances would mit of ; and immediately on r.
Halls reading the informataiodn, and finding thatd thete charge wMas
not such as would justify his detaining Mr. Smith any longer, he
was set at liberty.
The LORD CHIEF JUSTICE interrupted the Learned
Counsel, observing that he was misstating the law ; the Magis-
trates had no right to detain any person in custody without a war-
rant unless they knew that a specific charge was against him ;
in this case the detention took place before the Magistrate resd
the information, and then it appeared there was nothing to war-
rant it. It was clearly in point of law a false imprisonment.
Mr. ADOLPH US then confined his observations to the Jury
I upon the impropriety of making it a criminal offence in any
Magistrate while endeavouring to discharge his duty properly,
happening to detain a person fora few minutes. He remarked
upon the high character which Sir It. Birnie and Mr. Halls had
always borne as Magistrates, and contrasted them with that of
the prosecutor, who was evidently labouring under excited
feelings, and who was known for being so frequently engaged in
litigation.
His LORDSHIP briefly summed up, after which the Jury
found the defendants Guilty.

SHIPPING INTELLIGENCE-al-11S DAY.

FROM LLOYD'S.
DEAL, FEB. 2.—Wind W.S.W. moderate.—Arrived the
Flora, Parry, from Waterford; and Abeona, Leith, from Newry.
FALMOUTH, FEB. I.—Wind S.S.E. to S.S.W. fresh breezes
and squally.—Arri% ed the Manchester, Dixon, from Pernam-
buco; Henry Brougham, Clarke, from Leghorn; and Francis
the First, from Havre—rudder damaged,and bound to New York.
MARGATE, FEB. 2.—Arrived off, the Gratitude, Miller,
from Havannah.
PENZANCE, FEB. I.—Arrived the Britannia, Black, from
Seville; and Emilia, Warner, from Stockholm.

The Francis 1., from Havre, bound to New York, has arrived
at Falmouth, with rudder damaged.

THE FUNDS.-(THIS DAY)

CITY. TWELVE O'CLOCK.
The Dutch steamer has arrived, by which we have received
le Journal de la Hoye to the 2d of February. The following
tragraph we copy from the above Journal :-
1 We still believe that peace maybe maintained, and we think
it depends in a unison of the Powers ; but we repeat, that if
Europe is obliged to maintain a peace by the mouth of the cannon
against Holland, it is certain it will lead to a war, and the con.
sequence will be that all the preceding actswill be annulled."
The Emperor of Russia has issued an order of the day to the
army Which served against the Poles, bestowing amongst them, as
a reward for their services, numerous medals of honour.
They write from Warsaw, that the corps of cavalry under Gen.
Witt is to leave for Odessa; and the corps under Gen. Pahlen
for Riga.
Letters from the frontiers of Savoy state that country to be
greatly agitated, and serious troubles prevail at Chambery.
They state from Paris that the moment Don Pedro has em-
barked, a manifesto will be issued with his intentions in regard
to the charter of Int and his daughter. It was said that 15 new
Peers would be made to replace those who have resigned.
THE FUNDS.
The estafette from Paris this morning brings the French
Rentes more than 1 per cent. lower,. owing, it is said, to the
Dutch ultimatum, and the Austrians having left Bologna; but
'other accounts state that the above; fall. was attributed to the
liquidation of the account in the Stock Exchange there ; in con-
sequence of which our Funds have also receded.
Consols, which left otryesterday at 82% for the account, opened
at 1121,4, went down to 82%; at preseht they are 8214, buyers,
with little doing.
The Foreign Market is void of interest, not a bargain doing.
HALF-PAST ONE.
We learn from good authority that France, Russia, and
Prussia, have sanctioned the entrance of the Austrians into the
Papal States, and that the best understanding prevails between
the Fire Great Powers, who have come to a resolution that when
ever any revolution takes place in Europe, they are determined
to put it down by the force of their armies, and in consequence
of this unanimity between the Powers, it is expected that the
Dutch Government will soon come to an understanding, and
ratify the treaty with some modifications. Indeed, we have seen
letters from Amsterdam this morning, by the steamer, stating
that the monied interest there are heartily sick with the conti-
nental suspense. and they would rather be at open war than re.
main in their present situation.
It is confidently stated that order and tranquillity has again
been restored in the Papal States.
We imagine that the French Papers must be misinformed in
regard to the death of Lord Cochrane, as we hear he is residing
in the Regent's-park ; therefore it may be his brother, Captain
Cochrane. .
We received this morning the Courrier Francais of Wednes-
day, which states, by letters from Brussels of the 30th ult., that
General Niellon has discovered an Orange conspiracy, which was
to have broken out on the 26th of January, at Ghent, Antwerp,
and Brussels. This has, given some uneasiness to the Ministers.
General Niellon has seized some important papers. Arrests
have taken place at Ghent and Antwerp. •
Consols, since the early part of the morning, when they, were
at 82%, improved to 82% %, for the amount ; but within a
short period the market has taken a turn, and Consols are at
present 82U, sellers, owing to a stock-jobbing report that one of
our Ministers has gone out of his mind—which Is not credited.
In the Foreign Market, Belgian Scrip 2% to 2 discount; in
other securities nothing doing.
Console, 82k.

THREE 0' CL 0 CK.

FOUR O'CLOCK.—CLOSING PRICES.
Consols ..
Ditto for Account 82 Greek, 1825 2O
Brazilian Bonds 45i Mexican, 1825 —
Buenos Ayres... Peruvian
Chaim' Ditto.... 161 Russian
Columbian 1824 .-- Spanish SOW/

TATTERSALL'S.-Notl►ing was done of any
importance yesterday ; for the present state of the market,
therefore, we must refer to our quotation in our Paper of
Tuesday.

SPIRIT OF THE PUBLIC JOURNALS.

Before going into a Committee on the Re-
form Bill last night, several Members urged Mi.
nisters to hasten its progress. Mr. Alderman
Waithrnan observed, " that he had as extensive
a correspondence with his constituents and the
people as any Member of Parliament, and he un-
derstood that there was a stagnation of trade and
a very general irritation in consequence of the
state of suspense in which the people were kept ;
and he was persuaded the people out of doors
would not be satisfied if the Bill did not ad-
vance at a more rapid rate, and the Ministers did
not use the best means to facilitate its progress."
Lord Ebrington observed also, " that the people
were irritated, and greatly dissatisfied by the
slow progress of the' Bill. He declared that
there had been a great waste of words and a vast
deal of unnecessary delay. He was of opinion
that the people out of doors were not satisfied
with the progress of the Bill ; and if in the
course of next week that progress was not more
rapid, he would feel it his duty to submit a pro-
position to the effect that the House sit in Com-
mittee on the Reform Bill on the Saturdays
from the hour of twelve to six." This drew up
Sir Henry Hardinge, who remarked that the
only reason given by the Noble Lord for the
motion he proposed to submit was, that the
people out of doors were not satisfied, and then
proceeded to say—" Have we then already ar-
rived at the period when the sections of London
are to dictate to this House ?—(Great cheering.)
For one, Sir, I never will give way to such dic-
tation."—(Continued cheering.) It was quite
superfluous in Sir Henry to tell the House ti at
he would not give way to the dictation of the
people. The tools of the boroughmongers are not
accused of any excess of deference to the wishes
of the people, or of regard for the interests of the
people. They give way to a very different, but
far less honourable dictation. Sir Henry added,
" I know that the way this Bill is to be carried
through by Government is by aid of the moio.—
(Loud cheers from one side, and " No, no,"
from the other.) I, however as one Member of
Parliament, never will submit to be dictated to
by the sections of London speaking through
the Noble Lord as their organ.—(Continued
cheering, and cries of " Oh, oh.") I say again,
Sir, that the Noble Lord shall not dictate to me
or to this House.—(Loud and continued cheer-
ing.)" Our readers will observe that the ob3er-
vations of Lord Ebrington were of a decorous
and temperate character, and that the remarks of
Sir H. Hardinge were of that sort of blustering
character which denotes, in real life, those persons
who think loud talk will add to their importance
in the eyes of the world. It is never very
becoming in a gentleman to talk big, especially
in matters in which bullying is not called for. It
became Lord Ebrington, as the representative
of the second county of England, to assign the
wishes of the people as a valid reason for has-
tening the progress of the Bill ; and though Sir
Henry Hardinge, from his boroughmongering
connection, may deem himself bound to oppose
the wishes of the people, he was not justified in
attributing to Lord Ebrington the being in-
fluenced by the mob, as if his Devonshire con-
stituents were a mob ; or in stating that the sec-
tions of London spoke through the Noble Lord
as their organ. The Noble Lord did not dic-
tate to Sir Henry, or to any other person; and
the declaration, that the Noble Lord should
not dictate to him or to the House was quite
uncalled for. The Noble Lord wished only to
prevail on the House by reason to adopt his
views ; he already, at en important crisis, suc-
ceeded in leading the House to adopt his views ;
and if he should again succeed, why Sir Henry
must bow to the decision of the people ; and,
therefore, his talk about not being dictated to, in
the only sense which the words can have, was
quite absurd. We think that Lord Ebrington
should have treated the observations of Sir
Henry Hardinge with the cool contempt which
such observations deserved. His Lordship, how-
ever, allowed himself to be somewhat agitated :
" Sir, (he said) I beg leave to contradict as positively—
(Tremendous cheering from the Treasury Benches)—to
contradict as strongly as the forms of this House will ad-
mit—(Continued cheering)—the assertions made respect..
ing the grounds which induced me to give notice of my
motion.—(Continued cheering.) I would say, contradict
the mitrepresentation, which I am persuaded was unin-
tentionally made by the Hon. and Gallant Officer, as to
the grounds of my motion.—(Hear, hear.) I repel again
with indignaion the insinuations of the Hon. and Gallant
Officer, of my being the organ of the mob.—(Lond cheer-
ing.) I would not be the organ of any set of men whose
opinions did not coincide with my own. I would not be
the organ of any set of sentiments which did not agree
with my own.—(Cheers.) I am the representative of a
numerous and respectable constituency—l am an inde-
pendent Member of Parliament—(Cheers)—and I can
tell the Gallant Officer, that I speak my opinion as
honestly, as sincerely, and as independently as himself, or
any other gentleman in this House...--(Tremendous cheer-
ing from the Treasury Benches. )"
There used to be in the Irish Parliament a
set of fellows with empty pockets, and emptier
heads, who endeavoured, by insulting speakers
formidable to the Government, to fight them-
selves into the means of living without anxiety
for a dinner. Sir Henry Hardinge is, no doubt,
a brave man, and he has the reputation of being
an able man of business ; and we are far from
instituting a comparison between him and the
sort of personages above alluded to. But we
have, on too many occasions, observed in him a
disposition to attract notice in the House by
other qualities than those which become the
Senator and Statesman. Men are not sent into
the House ofCommons to talk big and to threaten.
This smells too much of the shop. As the Scotch
say of one who is always introducing religion
into his discourses--" One may be very fond
of the Kirk without aye riding on the rigging
(ridge of the roof)." So it is quite enough
that a gentleman should fight when his honour
demands it, without ostentatiously announcing
on all occasions his readiness to fight. If it is
becoming in any man to avoid all unnecessary
ostentation in this way, it is more particularly so
in a soldier, who is presumed to have made up
his mind to be ready to fight on all occasions,
and in whom such ostentation looks like an as-
sumption that others are not equally ready. Sir
Henry, perhaps, thinks, because he has been
singled out in Blacktvood's Magazine as the
Bantam Cock in the House, as a man brim-full
of bravery, that lie is called on to show off in
this way snore than others. Blackwood says,
that Sir George Murray " is a cock of the right
feather," but Sir Henry is a still better cock ; for
Sir George is " a soft-eyed hero," but Sir Henry
" is the perfect model of a soldier—a
short,
compact, firm, handsome figure, all buttoned up
to the chin in blue and black, and a countenance
which, though without the statuesque elegance
of Bonaparte s, reminded me more of that in the
extraordinary mass of brow, the large deep cut,
grey, fiery eye, the solid' contour of the jaw, the
fall of the hair, and the whole style of complexion,
than any other head I remember to have met
with." ,c This (adds the writer in Blackwood)
is one of our very first cards. If things go well,
he must be a Secretary of State in the next