The Sun.
London, England, 1821-12-24 00:00:00

ALLAILDYCE V. JOTINSON.

Mr. CAMPBELL requested that this cause (a special Jury)
might be fixed for trial at the adjourned sittings.
The -Lout) CHIEF J.usTICE was unwilling to fix new
causes while old-ones remained untried.
Mr. CAMPBELL said that the -circumstances were peculiar.
The action was for Crim. Con. The plaintiff, whowas surgeon
to the 34th regiment of foot, was anxious to join his. regiment
in India ; he intended to apply to • Parliament for a divorce ;
arid,.unless the case were tried before February, he would be de-
tained twelve months longer in this country. There were other
circumstances pressing the trial of the cause. The fact was al-
leged to have occurred in the course of a passage from India to
England ; and many witnesses were forthcoming at the
present moment whom it might be difficult at a future time
to produce.
The LonD Citmy Ju Trcr admitted- the peculiarity_ of the
circumstances, and. ordered eh4t the cause should stand for an
early day.

COURT OF COMMON PLEAS, DEC. 22:
SIIIELT.9 AND ANOTHER V. ItIJCSELL.

Mr. Serjeant LEN s, in stating the case to the jury, remarked _
that the circumstances connected with this transaction were of
the most singular nature. It was an action brought by Messrs.
Shiells and Johns, who were bankers at Plymouth Dock, against
the defendants, who were the proprietors of the Plymouth wag-
gon, for the recovery ofstsol. which was the amount insured at
their office on the Ist December, IMO, upon a parcel of the bank
notes of their Plymouth Bank, amounting to between 13 and
14001. This parcel was delivered at the waggon office, by the
porter of Sir John Perring's bank, on the evening of the Ist of
December, according to their usual practice of remitting to their
corresPondents of the country banks, the. parcels of their notes,
which they had, according to previous arrangetnents, paid on
demand at their bank in town. The reason why the action was
not brought for the whole amount of the notes was, that insur-
ance was onlyspaid upon 4501. of the amount. He would prove
in evidence, that the regular clerk of Sir John Perring had made
up the pared for remittance to the Plymouth' Bank, on the
.Ist of December, and, had in the. evening delivered it to their
porter, Painter, who would prove he duly deposited it, and paid
for it, at Russet's Waggon Office. By the regular course, this
parcel would reach Plymouth on the 13th December, but in-
stead of arriving on that day, there came to the Plymouth Bank
a parcel, not the same as that transmitted froni'Perring's, but
one resembling it in site, and having the same direction, and
also having seals resembling those used at the London Bank,
but merely containing, in:tead of country notes, a parcel of
waste paper. Unfortunately one of the partners at Plymouth,
being ill when this parcel came, it lay by unopened in their iron
safe until the'lBol, when the abstraction of the property was dis-
covered on breaking the seals. He must in this stage of the pro-
ceeding apprize the Jury that the robbery could not have been
perpetrated subsequent to the arrival of the parcel at Plymouth,
for many of the stolen notes Were repaid 'w ithin a few days of
their delivery at the waggon-office, by Sit John Perring's bank,
so that there was every reason to suppose the robbery had been
committed in or near London.
John West was a clerk in Sir John h'erring's bank ; they
were the London agents of the Plymouth bank. It was' their
usual practice, at stated periods, to return country bank notes to
the proprietors; on the Ist December, witness made up a par-
cel'of the Plymouth notes, to the amount of 1,1161. and directed
it to " Messrs. Shiells and Johns, Plymouth Dock,—per Rus-
sell's waggon, Dec. 1." He delivered the parcel to their porter,
John Painter, to be conveyed to the waggon-office. The parcel
contained the whole of the paid notes up to the ist of Decem-
ber; he sealed it with the seal bearing the initials of the bank,
which he•now produced; the packet handed to him was not that

which he so sent ; it had the same initials, but bore no resem-
blance to the genuine seal.
The mock parcel Was proved, by a witness named Thompson,
to be the same which arrived at the bank at *Plymouth Dock,
on the 13th December, and that it remained in the iron sate up_
til the 19th, owing to the illness of one of the partners..
John Painter, the porter at Sir John Perring'a, examined—l
have been there twelve years. I remember receiving three par-
cels on the Ist of December, from Mr. West, about half-past
five o'clbek, or •thereabouts. I.had also letters, which I. deli,
vered at the Post Office before seven o'clock. I put the three
parcels into. a bag; two ctf them were directed to Messrs.
Shiells •and-Johne—one to go by Russell's waggon, and the other
front the Swan with Two Necks. • The latter I. delivered first ;
and when I did that, I went with the other to Rusiell'S office ;
it could not be much after seven when I had'delivered the whole
of the parcels. 'When I went to the waggon office, I said to the
porter, " Call somebody, 1 want to give a parcel." Two per-
sons like gentlemen were there at the time; but 1 said it was
my turn to be served first, antll laid my parcelon the desk, and
paid 11. 2s. Bd. for the booking (having it also vouched in ray
own book) and insuring for 4501. I mentionea nothing about
the sum, or the contents of the parcel. The two gentlemen who
were at the waggon office when I was there, might or might.
not have seen the parcel I delivered.
Cross-examined by Mr. Serjeant PELL The entry in the
book of vouchers is in my hand-writing ; but the initials C. 0.
and the amount insured, arelay the book-keeper. L have lived
several years with Peering and Co. I cannot speak to the exact.
time when 1 got the parcel from Mr. West. Russell's 'waggon-
office was in Friday-street. The night was dark, and I think
there was rather a fault light at that office. The person • now in
Court (Mr. Chase) was the hook keeper whom I saw at the
office. I put the parceldoWn on the desk, paid the 11. 2s. lid.
and left it in his charge. The two Gentlemen did not come into
the office ; I•believe they staid at the door ; but •I cannot say,
for I did not take particular notice. I went there alone.
know a person named Nightingale, a man with one arm and
. very red whiskers.. I have known him about three years, and
speak •to him when we meet, and may be have somewhat to
drink.—This does not occur_often, but I am so far intimate
with him, if you call that being acquainted; as to call upon
him sometimes ; he has never called upon me since ' this 'has
occurred. • .
Mr. Serjeant PELL here called Nightingale, whom the wit-
ness identified as being the man of what'll lie spoke,- but who
was not with him on the Ist of December.
Mr. Serjeant PELL, for the defendants, addressed the Jury
at,considetable length; hesaid, that in this ease his painful
duty was to establish guilt upon an individual who was a party
in this most singular transaction, for he apprehended, iMthe
result,. they would have no other alternative than to fix guilt
upon the book-keeper at the waggon-office, or upon Pain-
ter, the porter to Sir .John Peering. The Learned Serjeant
then commented with great severity upon the testimony of the
porter, whose statement of the occurrence he altogether hn-
pupal. They had heard from Painter that the parcel was de-
livered to him by the clerk about half-past five o'clock, and he
should prove that he did not deliver it at the wkneon office until
about ha,-past seven o'clock—a space which admitted of suffi-
cient opportunities for transforming the parcels. The Jury
had heard Painter declare that he went unaccompanied by
Nightingale to the • waggon office. Now, on that. point, he
;
should prove the witness's statement untrue for out of the
mouths of a number of witnesses he would clearly deniOn-
strate that Nightingale was with him at the very time of
his being at the office .on the night of the Ist of Decem-
ber. ' The appearance of Nightingale was most remarkable,
and could not be mistaken., for be was a man with one
arm only, and wearing peculiarly red whiskers. If he then
proved, to the satisfaction of the Jury, that Painter sworefalsely
when he denied being accompanied by Nightingale, then there
would be an end to the ease.
It was admitted from the books of Sir J. Peering and co.
that ofthe Plymouth notes transmitted to the Plymouth waggon
office on the Ist December, 1101. and 1301_ had been paid again
in two sums at Perring's on the sth of December: 1601. and
1401. in two sums on the 6th, and several other sums on the
days immediately succeeding.
Air. Case, the hook-keeper to Russell and Co. deposed Pia
the night of the Ist December, near eight o'clock, Painter,
Nightingale, and two others, came to the office, which was
lighted with gas and was quite strong and clear then as is now
the light of this'Court The persons have named came to the
office nearly at one time. I spoke first to the two gentlemen.
Painter was at the time standing near the desk, and Nightingale
near the door post. Painter then gave me 11. 2s. -W. with a
parcel, to insure it for 4501. The other two men who came up
to the office had left it before I took the parcel, which I in-
stantly deposited in the iron safe, where were pregioaaly 5 other
parcels, worth 14 or 15001. I then locked the chest and pet
the key into my pocket. Daniel Ilooder and a person named
Mayes were within five yards of me on duty at the time. For
any thing I know the five parcels, with that in the safr, arrived
all right • believe they did. After locking the safe and keep-
ing the key in my pocket until the next day, I unlocked it, took
out the parcels, and deposited them in a sate and secure box,
which we have for valhable parcels at the bottom of the waggon,
and chained to the rails. After depositing them there, I waited
to see the waggon loaded ; at five o'clock, on the following
morning, the waggon set out; when Painter breught parcels he
was in the habit of applying for drink, but he dui not on this
occa.sion,
• Cross-examined—He was positive the valuable parcels were
put in after the box was fixed in the •Vaggon ; be saw them
locked in, and then the general loading was piled on under his
own observation ; he was quite positive Nightingale was pre-
sent when the parcel was delivered by Painter.
Daniel dodder, porter at Russell's waggon-office, saw Painter
and Nightingale at the waggon-office together about half-past
seven o'clock on the night in question. •
William May es,in the service of Messrs. Russell, deposed to
the same effect.
It was clearly proved by several witnesses, that the box had
not been opened until the errival of the waggon at Plymouth,
though there a ere other keys on the road. •
James Stevens, from Plymouth, proved he was at that place
the book-keeper of the defendants, cMessrt. Russell. He re-
membered the arrival of the wagoon in question at Plymouth;
he took the parcels out of the safe-box and put them into the
iron-box in his office, and locked them there. It was forward-
ed the next day to Dock to Niesses.
The following witnesses were therm examined for the plaintiffs
in reply.
Nightingale was ordered' slit of Court, and James Pitt was
examined as follows :--I ain an appraiser and auctioneer, and
know Nightingale, bat not very intimately. I remember being
at his house about six o'clock on the Ist December. I saw
Nightingale. • serving in his shop when I entered the house,
about six o'clock. I staid there an hoar,- and he (Nightin-
! gale) was in the shop as I went away, serving as he was when I
*ent4red.
Mrs. Nightingale was called, bat she did not answer.
John Nightingale was then re-conducted into Court- and- eX-
amined. It is false. that I was at the waggon-office (as swam)
on any part of the day or evening Of the Ist Decienber ; neither
was I there in company *with Painter on any period of that day
or sight.
Mr. Segjeant Pr.tt was heard, in consequence of the addi-
tional evidence last adduced; 'and he contrasted the evidence of
Painter and Nightingale with that of all the persons in the
waggon office, and asked the Jury whether it was possible fog
them to hesitate upon the. point Of credibility ?
Mr. Sergeant LEN -s fait, the most important question first:
to consider wase. whether Painter and Nightingale were at the.
waggon-office together. If the fact had been so, why conceal
it ? It would have been as easy to say originally that Nightin-
gale was present with Painter, as that he was not. There could
have been no motive upon earth for concealing such a fact, if it
really had occurred in the smile meaner in which it was pre-
tended at the other side. - ' • -
At half-past four o'clock Chief Justice Dallas charged the
Jury. He remarked upon the great difficulty of personal
tity, as applicable io the eVidenee respecting Painter and Night-
ingale ; • but could not help aalvertinA to the hesitation of the
former to acknowledge at first his intimacy or acquaintance with
the latter. The Learned Judge then summed up the evidence
in the most impartial manner, and the Jury, without leaving
the box, found a verdict for the defendant. •
The moment the verdict was given, NI r. Serjeant Pell applied
to have Painter and Nightingale taken into custody, Lis clients.
pledging themselves to prosecute them for petjury. and feldley.
The Learned Judge, after a•minute's.consideration, assented,
but said he would take bail foe their appearance.
On the parties being called upon for bail, Painterappealed to
Mr. Benjansin Shaw, one of the partners in Sir John Peering's.
• firm ; but that gentleinan declared, that .after what- the
.Court
had said, he did not think that it would be proper for the Bank
to oive any ball for the party.
Painter and Nightingale were then handed over into the cus-
tody of Foy and Drinkwater, the Felice officers.

[FROM THE CONTINENTAL JOURNALS.]
It is stated in a letter from Berlin that the Officers belong-
ing to the corps of the late Prince Blucher have subscribed
11,569 dollars to defray the expence of a grand Momane:at

about to be erected at Krilowitz, where his family have built
the Mausoleum; in which are depoSited. the remains of the

trious deceased. A neat house has been appropriated to the cus-

todist, who has occupied it a twelvemonth. Trees have also been

planted with great taste; and the Monument in question, which
is to be prepared from a granite rock near Zobtion, and to . be
20 feet high, is expected to be completed in the Spring.
The following truly extraordinary circumstance is mentioned
in a letter, dated Mtinich, the 29th large Rock-Eagle
(Aquila,ossifraga) darted down, from a vast height in the at-
mosphere, upon a child 9 months old, as it was sitting on the
ground, in a garden in Turk-street. Luckily the maid servant

was near : with equal courage and presence of mind, she im-
mediately threw a cloth over the feathered robber, which

ed him, and disenabled him, fOr the moment, from rising. ii;:a
then boldly threw herself upon the bird, and grappled with him
most mm fully, till she got furthera4sistance, when he was set
cured, and the poor child preserved.—As soon as the King
heard of the extraordinary affair, he sent a handsome pre Bent to
the Heroine, who did not escape without wounds from the en-
counter. His atmospheric majesty was conveyed, a dose pri-!
sonar, to the Menagerie at Nymphenbourgh.

• .
In the month of August lasi a Gentleman, of Warsaw, we a •
was drinking the waters at Gozdeikomo, had a pudel-dog with
him which for some 'time had been ill, and in a languishicig
state. On three successive days the animal drank coprouslaa as
if impelled by great thirst, of the mineral water ; on the fourth
day he vomited a tapeeworm 12 feet in length. The 'cater
he refused to drink again ; but his former health and livelinese
quickly returned.
On the 19th ult. a very daring robbery was committed in thee
streets at. Augsburg, upon a merchant, a stranger. , Ile wee
not only robbed of all the money he had about him (200 florins).
but was severely wounded besides. The activity of the Police,
however, traced out the banditti the same night, and several
persons, of both sexes, were sent to prison' to be further dealt
with in due season.—On the same day the Freeberg heavy post
was attacked by six or eight highwaymen, on the other side of
Kloster-Nimbschen, about 7 o'clock in the evening. They mal-
treated a passenger, and inflicted a severe wound in the belly
of one of the poor horses, ransacking, at the same time, all the
packages in the waggon. Luckily no money was being eon-
veyed, and only one small packet was missing.—A similar out-
rage, it is observed, had not taken piece in the Kingdom of
Saxony for a long While.
• It is stated in a letter from Vienna that Mr. Sommer, the
bookseller, was lately found dead •in a sequestered part of the .
town, apparently strangled. Vat seemed to confirm this
suspicion, his pocket-book was missing.
The celebrated political writer, -Mr. Von Gentz, whose re-
sidence for some time has been in Vienna, was suffering in hie
health, accoring to the last•accounts from that canital.
It is said there are not less than 12,000 Greeks in Vienna,
who gain a livelihood by commerce, one way Or another. •
All foreigners in the Austrian States devoted to the education
of yotith, have, by a recent order of the Emperor, been reeeeired
to. quit the country. A very short time is allowed to nnesm'e.
for their departure. This is surely a harsh proceeding.
Accounts from Italy state that trom the end of August to the
middle of September, 300 Europeans had joined the CleCeks,
two of whom were of the rank of Generale, and other semen*
Of Spaniards who bed furnished the Greeks with
ammunition, muskets, pistols, &c. had made great pro lee ley
their shipments. At Hydra the Government bed given orders
for the manufacture of 40,000 pikes, to be six feet long.
lit Bohemia the vintage this year has, in•a• great degeee, been
given to the birds of the air. It was only, in very_few places
that there was any growth on thenneetritaitis fit to send to
market. - Several vine cultivator's have already given trp etre
'taking of wine and should there be experienced a coetieu-
ance of the bad summer climate that has prevailed for the last
few years, adieu to Bohemian wine altogether !
The number of strangers in the City of Rome is daily nn.• •
menting. 1-lonse-rent in consequence is extremely high. The,
hotel Negroni was lately let to an English family a. the rate of
120 leans d'or per month: The Bankers, it is computed, et.
pranced upwards of a million Scudi (250,0901- sterling) fie the
foreigners who spent the last winter in that City, upon their .
Exchange.
A Letter from Stockholm states, that Agents are =lcing,
large purchases in the North, both of timber and deals, for till::
French... Marine. The shipments arc to take place next April.
The Governments of Sweden and Prussia have entered iato
an agreement to run Steam-boats, for the purpose of conveying " •
the mail, between Ystad and Stralsund. The Post Office as
Stockholm has issued the necessary directions.
A Grand Exchange has been built at Dresden, somewhat en
the principle of the BZlrsen.lialle, at Hamburg. A Sugar-
refinery, however/ (which is the fact) seems strangely attached
to such a building. A spacious hall, for the accommodatien of
Free Masons, is also a feature in the stupendous-erection.
The King Ministry at Hanover have notifieelthat the States
of the Kingdom.are to assemble on the 18th of January next..
The house of Michael Rawohl, (a great Tea-dealer) at
Harnburgh, recently suspended payinent for Banco .!%lan:s
272;625—ab0ut 23,0001. sterling. •
The late Emperor of .China was presented by the Russian
Poet; Gabriel Kamenovick, with a sublime Ode to the May,
which so pleased the Chinese Ruler, that, a short time prior
to his demise, he caused it to be carefully transcribed in both
languages, and hung up In a conspicuous place in the Imperial
Palace.
A considerable stratum of -Coal has recently been discovered.'
in the Kingdom of Hanover, near the village of Hullerson, is •
the vicinity of Einbeek. Meani, in consequence, are about
to be adopted to turn the diecovery to advantage.
• On the afternoon . of Saturday the • Ist inst., and during • the
night, two of Coe most dreadful thunder-storms were expe-
rienced in Hanover, accompanied with a terrible hurricane,
that come within the memory of Man. The wind raged so
furiously, that the noise in tne air was without
Though the thunder roared, it was but indistinctly heard et
taxies, owing to the cause just mentioned. The lightning was
vivid, and-continuous for severe* hours. Every body was more
or less impressed with fear. The storm was from the N.V.,
and drew to the S.E.
Prom Swaffian-Halle they write, that on the night between
the I9th and 20th ult., one of • the must ttrritie thunder-storms
was experienced there, accompanied with a hurricane of wind,
and the fall of hail-stones, as large as a pigeon's egg. Fortu-
nately it was not of long duration. On the whole, it might in
some degree be compared with an earthquake.
It is stated in an .Article from Pesero, pnder date of the 15th
ult., that the sea-porte of Fenno and Ascoli are plunged in
the deepest distress, owing to the sad effecte of the late stormy
weather. . A great namber of fishermen have perished in the
waves ; the shore. all the way front Tronte to Ancona is strewed
with (teed bothea. A large ship from the Levant, with a cargo
on heard,, weitt• down. A Greek family of distinction were
passengers ; but happilyepo lives were lost. The. celebrated
Pergand.now wholly resides-at Pesaro, where he amuses him-
self With hunting. His stud consists of 30 horses of the fincst
description. Ile still suffers his visage to be darkened by an
immense pious covering. His hunt-einem and numerene reti-
nue of servants spew oft' in the same, kind of way. Ile lately
paid a visit to St. Marino, and caused his-mune to be inscribed
amongst-the Burghers of that Republic.
• A vessel lately sailed from Carlshaine in S.wedete, with a cargb
of erns and arnmunitiou for the Greets. :Several young
Swedes, aniniated itith the Mitleat sentiments, accompany the
vessel, .with a view _to light for the cross against the barbarous
Turks.
Russhm :lm' assatibr' recently sent by the Emperor to,
the Schad of Persia, is Sir. Nellie, ItrOther-in-law Plin&i'•
Yrsilauti.

FOREIGN INTELLIG ENCE.

PAnis, DEc. 20.—The King yesterday held a
Council of Ministers.

Since the resignation of Count Angles, the ad-
ministration of the Prefecture of the Police has
be-wt confided to Fortis, the Secretary-

Ce4k.ral.

.It is said that an Ordonnance of his Majesty
haa restored to the Catholic Worship the Church
of St. Genevieve, long designated under the
L'a-ine of the Pantheon.

The Pi ince 'de Gallitzin arrived at Frankfort
au the-13th inst. from St. Petersburgh.
Commercial letters have been received at Paris
from Constantinople, dated the 19th November.
At that period strong apprehensions had suc-
ceeded to a few days of apparent tranquilliity.
Lattil then the efforts of the Divan had been di-
rected to restrain the Janissaries, whose disposi-
tion for war was well knowp ; but at the depar-
ture of the Courier, this turbulent body, with the
Grand Vizier at their head, had put themselves
in motion, and had sworn to exterminate all infi-
ticis. The publication of a finnan of the Grand
;-;eignior, announcing , to his subjects that the
Schah of Persia had declared war against him,
had produced a great sensation, and had still
more contributed to the exasperation of the
Turks.—(Gazetie dd France.)
A letter from Bordeaux, dated the 12th inst.,
states that the troops which are to form the Sani-
tary Cordon of the Pyrenees, were complete,
that the moveable National Guards were organ-
and that an important personage was ex-
pected from Paris.
It appears to be certain that a new Conven-
tion has been concluded between the Courts of
Vienna and Munich, which establishes the most
Intimate relations between the two Cabinets.—
The amicable relations between Wurtemberg
and Russia seem also every day drawing closer.
(Constitutionnel.)

FRENCH rusi)s.
Dec. 18, Five per Cents.
Deferred Stock 99 f. 55 c.
Bank Stock 1590 f. c.
Dec. 19, Five per Cents. B7 f. 50 c.
Deferred Stock 99 f. 40 c.
Bank Stock 1592 f. 50 c.

FRANKFORT, DEC. 14.-Letters have been re-
ceived here from Constantinople of 11th of De-
cember, stating the taking of Bagdad by the
Persians ; the Turkish garrison, and the greater
part of the population were put to the sword ; the
Christians alone, it is said, were spared, in con-
formity with the Manifesto issued by the son of
the Schah.

AIX-LA-CHAPELLE, DEC. 15.—A report is
current here, that each of the Ministers of the
great Powers accredited at Madrid, has addressed
to the Spanish Government a Note, which is
£tated to be of the highest importance.
A foreigner of rank has, it is said, been com-
pelled to quit Vienna in 24 hours.
LEIPSIC, DEC. B.—The Cabinet of Berlin is
said to have received from Petersburgh an im-
poriant communication respecting the affairs of
the Levant. At the departure of the last courier,
nothing was talked of at Berlin but war.

DEC. 9.—The news from Russia is very fa-
vo-urable to the Greeks. The principal forces of
that empire are advancing towards. the Turkish
frpntiers.

ROME, Drc. s.—Last Sunday a number of
Austrian troops corning from Naples passed un-
der our walls, and received the benediction of
the Holy Father. These troops are on their
return to Austria.

VIENNA, DEC. 7.—lt has been reported here
since yesterday, that the Divan has made fresh
d!fliculties to the adoption of the Russian ulti ma-
tun, and that the suspicion a,gainit the Euro-
peans daily increases at Constantinople.
The Armenian merchants in this capital state,
that the whole of Armenia is in the possession of
tho Persians.

The accounts received to-day from the fron-
tiers of Turkey are quite warlike. It is asserted
that the Ottoman troops have already com-
menced hostilities.

DEC. B.—Since the 17th instant no courier has
arrived from Constantinople. The last Who ar-
ri►ed on the 30th November brought dispatches,
dated the 10th of the same month, stating that
the question of peace or war was still uncertain,
nothing having been finally decided.
Extract of a Letter from Brody, Dec.l.—" We
have received, by the medium of Odessa, intel-
ligence from Constantinople.to the 15th of No-
vember: The displaced Reis Efkruli has em-
barked 'for Asia, whither he has been banished.
It is confirmed that the Wechabites have gained
ground, and recovered from the numerous de-
feats they had recently sustained. There is a
rumour that some movement is to be attempted
in concert with the Persians. The Grand Sig-
nor feels most hostile to the latter, and has pub-
lished a Finnan, to apprise the Turks of the
perfidious manner in which the Asiatic Provinces
of the Ottoman Empire have been assailed. New
Pachas have been sent into several provinces of
European Turkey. Several of the recalled Pachas
Lave demurred ; the noble Pacha of Scutari is of
this rank."

SPAIN.

MADRID, DEC. 10.

REPOP.T OF THE COMMISSION APPOINTED EY THE
COX TES TO INQUIRE INTO THE STiTE OF THE

COUNTRY.

Yesterday, in the Sitting of the Cortes, was
read the Report of the, Committee appointed to
consider of the steps proper to be taken in con.
sequence of his Majesty's Message to the Cortes.
The Committee state, that they have carefully
examined all the documents laid before them,
have heard in several different Sittings the Secre-
taries of. State and the Deputies of the province
of Cadiz ; and have, from all these sources of in-
formation, drawn up a narrative of the events in
question. They commence with the affairs of
Cadiz—the appointment by his Majesty of the
Marquis de la. Reunion to the government of that
city—the fermentation caused at Cadiz by this
nomination—the petitions of the inhabitants to
appoint another person, and the refusal of the

Marquis to accept the office, which rendered it
unnecessary for the King to revoke his choice,
and his Majesty's nomination of the Baron d'An-
dilla. The Committee then detail all the cir-
cumstances of the disobedience of the people of
Cadiz to his Majesty's orders, in refusing to
suffer the Baron d'Andilla to assume the govern-
ment of that city.
The Report then details the proceedings at
Seville, which immediately followed those of
Cadiz, and were precisely of the same nature.
The Committee limits its Report to the affairs of
Cadiz and Seville, they being the only ones re-
ferred to in the communication of the Government
to the Cortes, and regret that they cannot give a
less afflicting picture of them. They observe,that
the question is wholly distinct from the merits
or demerits of the Ministers, and involves only
the disobedience of the Royal Authority : his
Majesty has the constitutional power of Oiling
all civil and military employments, and every
Spaniard ought to respect it, though he also, has
the right to censure the conduct of the Minister
who authorises an improper measure, or accuse
hiniif he violates the law.

" It is true public offices ought only to be
given to those who have given positive proof of
their attachment to the political constitution of the
Monarchy ; and nobody can be more persuaded
of this than the members of the Cmninittee ; but
from the documents laid before them, it is evi-
dent that no objection whatever was made to the
Marquis d'Andilla by the people of Cadiz, or to
Don Tomas Marino Daioz and Don Joaquin Al-
vista by those of Seville. The Committee find
that there is more excuse for the people of Cadiz
than those of Seville ; the latter not having any
ground of complaint whatever, but only wishing
to retain Don Manuel Velano and D. Ramon Luis
de Escovedo; so that those two persons have
been more regarded than the respect due to the
Government, the tranquillity of a whole province
—more than the reputation of the Spaniards
among foreign nations—more than the Constitu-
tion and the sacred empire of the laws. Whereas
the people of Cadiz had some motive of dissatis-
faction at least, though none that could autho-
rize the mode of conduct which they adopted.
" The Committee, therefore, does not con-
found the events at. Cadiz with those at Seville,
in the latter of which it cannot help recognizing
a certain character of faction ; whereas in those
of Cadiz it is persuaded that the whole has pro-
ceeded from an error, from an excessive ardour,
and a distrust which cannot be wholly condemned
in those who love liberty, and have suffered
much for it : the e:•ror in some points, and the
aberration of some persons in others, are not
such that the Committee attributes them to the
will, and they cannot but merit the indulgence of
the Cortes. But the National Congress cannot
but expressly disapprove, in the face of all Eu-
rope, the disobedience and illegal proceedings
of those Authorities, which will doubtless suffice
to make them return to their duty, acknowledg-
ing that they have erred.

" The Cortes may be pleased to examine, in
the first place, this point ; arid above all, let the
observance of the constitution, and obedience to
the Royal authority, in conformity with it, be
secured. These two things are inseparable : the
question is not of the Ministers, but of Govern-
ment, and of the po%ler which the constitution
assigns to the King. The Ministers may be
culpable ; but the Government and authority of
the King, when they remain within the con-
stitutional limits, ought to be sacred to all.—
What would become of liberty, if the laws did
not govern ; and how shall they govern, if it is
lawful to disobey him who is charged to execute
them, when he does not act contrary to them ?
Under pretence of supporting the constitution, it
has been scandalously violated at Cadiz and
Seville, by creating, under the title of Juntas,
authorities unknown to the Constitution, attacking
prerogatives which the Constitution consecrates,
and resisting orders which the same Constitution
commands to be obeyed. Illegitimate organs
erect themselves into interpreters of the pub-
lic opinion, and usurp the functions of all the
powers of the State. Weakness and irreflection
have yielded to their impulse, and for the first
time been precipitated into disobedience. The
Cortes may fear that those evils will increase,
unless they are stopped in their origin.
" For these reasons the Committee, though
it thinks other measures advisable in our present
situation, proposes them to the Cortes in the
second part of this report,which it presents sealed,
intimating that in its opinion the dignity of the
throne, the decorum of the Cortes, the welfare of
the nation, and the cause of liberty, imperiously
require that no debate be opened till in a future
sitting, distinct from that in which they commu-
nicate to the Government the resolution which
the Cortes may take on their first part, and con-
fining itself at present to the message of the
King, and the exposition of his Ministers, the
Congress make a solemn declaration, by means
of another exposition to his Majesty, conceived in
terms which it now presents separately, as a part
of this report."
M. Calatrava then read the minute of the ex-
position in question, the substance of which is
as follows :

" The Cortes having taken into consideration
the report of the Committee appointed to consi-
der his Majesty's message, will declare their
opinion to his Majesty with the frankness be-
coming the lawful interpreters of the general
will. If it were possible to look on the faults
of the Constituted Authorities in the same light
as those of mere citizens, the Cortes would be
happy to throw on the conduct of the political
Chief and Commandants-General of Cadiz and
Seville the veil with which a paternal Govern-
ment should sometimes hide errors produced by
aberrations of opinion, or by an exultation pro-
ceeding perhaps from a laudable zeal; but as
most fatal consequences to the nation and to li-
berty would ensue from authorizing public -func-
tionaries to seek in such pretexts an excuse for
their erJors, the Cortes will always reprobate a
doctrine -under cover of which the greatest cri-
minality may be justified as well as an impru-
dence or a mistake, and which would endanger
in a terrible manner the obedience which, in a
constitutional State, all the citizens owe to the

Government, while it does not depart in its mea-
sures from the line traced by the law.
" The Cortes are fully convinced that the ob-
livion of these principles must lead to a total
dissolution of society ; and that whatever pletext
be alleged to authorize it, the abyss of calamities
Which would he opened would be no less pro-
found, and could not be closed by the tardy re-
pentance of those who, after recognizing their
-error, should pretend to seek their defence, or
exculpate their insubordination, by supposing
they bad been obliged to yield to insults (demo ias)
instead of obeying only the voice of their duty
and of reason.

" But the Political Chief and Commandants-
General. of Cadiz and Seville have not only
failed, but have, even by their conduct, con-
tributed to legitimate, if it were possible, the
malicious assertions by which the favourers of
despotism endeavour to decry liberal institutions,
and persuade that they are incompatible with
order.

" The Cortes cannot but express to his Ma-
jesty and the nation, how highly they disapprove
of those events ; and believing on the one hand
that the disobedience of the authorities of Cadiz
and Seville arose principally from error, and on
the other, that the loyalty and patriotism by
which the citizens are so distinguished, cannot
render the triumph of the law and of order
doubtful for a moment, have resolved, first, so-
lemnly to declare, that both the one and the
other ought to have obeyed, and ought now to
obey, and punctually to fulfil the measures of
his Majesty which have not been carried into
effect ; the Cortes being, sure that this resolution
will be sufficient for those authorities, and all
whom their example has misled, to return to
their duty, without placing the national represen-
tation in the afflicting necessity of adopting other
measures." The Address concludes with assu-
rances of the determination of the Cortes to unite
with his Majesty in maintaining the Constitution.
A debate arose on the point, whether the se-
cond part of the report, which was presented
sealed, should now be opened and read, and it
was at length decided by 114 votes to 64 that it
should not. The time fixed for the duration of
'the sitting being expired, it was resolved to pro-
long it for one hour, and Martinez de la Rosa
wished to have the sitting declared permanent,
thinking the debate on this important subject
ought not to be delayed : it was, however, de-
cided that the report of the Committee should be
laid on the table for the information of the mem-
bers, and that it should be discussed the follow-
ngday.
The debate relative to the opening of the seal-
ed part of the report was of considerable length,
but it appears, froni the account given of it in
the Spanish papers which we have seen, to have
been conducted with perfect calmness and de-
corum.

Senor Sancho, a Member of the Committee,
said that they had been unanimous in resolving
that the second part of the report should be pre-
sented, sealed. It might be objected that this
had not been the practice with other reports ;
but none had yet been presented of so much im-
portance. The opinion of the Committee was,
that the sealed part should not be discussed until
the other was decided, upon, because the subjects
were completely different.
Don Philip Navarre remarked that there ap-
peared something very mysterious and ominous
in this sealed paper, and insisted that it should
be read, though it might be discussed in a subse-
quent sitting.
Munez Torrero thought it necessary to reply
to the last speaker. He observed that several
Deputies had been with the Committee last
night, and particularly those of Cadiz, to whom
the sealed part was shewn. There was there-
fore no ominous mystery. lie called upon those
who had seen the sealed paper to testify that
there was nothing ominous in it.
The Deputies who asked to speak against the
opinion of the Committee were—Lopez Con-
stante, Romero Alpuente, Philip Navarro, Casco,
Quiroga, Dias Morales, Navas, Prieto, Cortes,
Quintana, Acuna, "Acho, and Alamin ; and in its
favour Torrene, Martinez de la Rosa, Espleta,
Martel, Dolarez, and Fraile.

The Universal of the Sth contains the follow-
ing notice on the state of Galicia :—" An ex-
traordinary courier which arrived last night from
Galicia has brought intelligence that the Superior
Political Chief has taken the command of that
province. The inhabitants assembled under their
respective Authorities have manifested, in the
most energetic manner, that they are ready and
determined not only to obey and respect the Go-
vernment, but also to give up all connexion with
the Authorities of Corunna, while these Autho-
rities are destitute of legitimate appointment, and
of the liberty necessary for commanding. The
inhabtants also declare, that they will consider
as null any orders which may be despatched
during the state of fermentation in which that
town is involved."

Lord Mccvti.r.r., Sir GcoaoE Coctcrturcst, and
Sir Grmapr CLEari.,',attende4l by. MN Secretary
BARRow, arrived at the George Inn, Portsmouth,
on Monday evening last, from the Admiralty, and
at ten o'clock the next morning they proceeded to
the Dock-yard, and commenced a series of in-
quiries into all the various .departments., with a
view to make reductions therein. Their, labours
were continued on the following day ; and on
Thursday morning they returned to the Admi-
ralty. Nothing is known of the precise nature
of the reductions contemplated, and which are
soon to take place.
Agricultural meetings are assembling in all
parts, to take into consideration the condition of
the farmer under the present depression of price.
These meetings begin to assume a very different
character from what was their former aspect.
Under a feeling of general distress, these meet-
ings are now called,- and superintended by resi-
dent gentlemen of large fortune and influence.
who heartily concur in the representation of
their tenants.—(Lcicester Journal.)
On Saturday last a New Lottery was contract-
ed for by Messrs. Blot, (.1-laot,r., 11AzAttn and i
Co., and J. SivEwßiciur; • upon the usual condi-1
tions.