The Sun.
London, England, 1821-11-30 00:00:00

DIPP:

•<

On Tuesday morning; in his .80th year,. Untittit:AArbouin;
illOucestet-place, ' • •
Y esterday, Jane,' wife .of 11r. Wna. ;5; Grace,
ehurcti.street..-. • • • A • *
• On TupsiLy Morning, the 27th init."'it his hoiiielon Spew.
•hift, ltr. John Lloyd. - • • • = • .„
•OA the ,'I Ith inst., Newlialllstreiti,-••Livdtpkayl, Edward
• Simon, aged 104 years and 22 days: tad' bei!tskirnployed as
lahouret in 'the Podls near"7oseili, age 4
• 103 father-104 years,:anlhigibiothoe,lo%. fears.
A fe.,d4y_s theNt'aloryi CitekN:',of 'iines)Oide, near
t3tarritord.- Th.e poor woman was 'il)-imiirp§stxt with what she
.colviidcred an'evil omen coA owl's Sying,thre tidatii4aeross her.
on her Way frohl'eliurch), that She aelunliy htkatine• al in con -
sequence, and aied.
sattpdoslnas, in he t7tS hii-at .tt,r Rev. /to-.
vicar of Rabottriof th County c:'Linstili,' Old
I:loo4,ftilr of Trio:try *C4llett, ' in A
kisr:•' •

TILE LONDON JOURNALS.

DAILY EXTRACT§ FROM THE MORNING PAPERS,
• November 30.
. .

[MORNING CHRONICLEa]

Letters from Berlin, received by ihe, last mail,
again distinctly affirm that the Emperor of Russia
longer had. it in his power' to giVe up his pro-
ject against Turkey, ...which would certainly be
acted upon, although it was.prohahle some delay
would take place,by which he would be no loser,
as, in the. mean time, the Turks were weakening
themselves by their exertions against the Greeks,
and consequently would hereafter become an easier
prey. The.same letters also al lude,in a mysterious
manner,, to.the discovery of a plot in Poland
against the Grand Duke Constantine.; w hicb,.they
add, has possibly been got" up on purpose to dis-
sande the Emperor from hostile aggressions, nder
an idea that he is not altogether secure at home.
It is further stated, that it was the wish of some
of the Allied:Powers. to have had another-Con-
gress, and that the King .of . England's visit to
:Hanover was connected with this project.; but
the Emperor Alexander and King of Prussia
~?.intediy refused to join in the measure.

[MORNING rosr..)

We have received a file of New 'York Papers
to, the 3d inst.. They bring no additional intelli-
gence from *South America, and -are yet silent
..especting the fall of. Lima and the establish-
Ment-of Peruvian iS dependence. This silence,
-which a few 'days since -would have
.almost
turned into certainty the doubts entertained
-of the occurrence of those important events,
on)y.shews the impropriety of .deciding that things
are not; because confirmation does not flow in at
'onCe from every quarter. The doubts arose from
the circumstance that three arrivals had taken
place from the United States, without making
any addition to the original Report. How much
stronger would they not have grown, had a fourth
occurred, like ..the present, to a much later date
and with. equal sterility., before the official de-
tails had reached us .? We rejoice to find by the
contents of 'these, Papers, that the. ravages of the
yellow fever are neither SO .extensive nor so
deadly.' At Alexandria, the Mayor had been
empowered by the Board of... Physicians to declare
that the town had been restored to its usual
health. At Savannah the diminution in the'num-
her of cases and of deaths was considerable. All
the infected places were in fact rapidly recover-
ing, with-the exception of Frederickton, and the
-county of that
.n.atne, where not less than 4000 in-
diViduals were still on the sick list.

[MORNING HERALD.] • -
One of the most important changes of the pre-
sent times, is that which has taken place over a
vast section of the western world in South Ame-
rica. Whether it be that the absence of frequent
or close relations with that part of the new world,
or the agitation, and extraordinary conflicts of
interests in Europe, have caused, the gradual.but
rapid progress of events in South America to
pass comparatively unobserved amongst us, so it.
is that a population of, we believe,. above seven-
teu-millions, and a vast territory, have,.within

113 very long period, burst from a state of colo-
"f. milli dependence to practical, and now nearly
acknowledged independence. The recent vic-
tories have given the last blow to the power of
Spain. The Royalists having lost Carthagena,
cannot hope .to maintain themselves much
longer on the. Spanish Main. .It is not im-
probable that Cutnana and Puerto Cabello
have fallen by this time. The union of Gra-
nada and Venezuela under one Government,
-which we announced yesterday, is an event of
great interest to England and the other countries
of Europe.
.It hastens the establishment of new
relations between them and this great western
Power. We see no obstacle to the establish-
ment of these relations. with the British Empire.
----The commercial treaty with the Spanish Ad-
miral Apodaca, .which indirectly pledged this
country against. the Insurgents as they then were,
wolld no longer be insisted on by Spain herself.
Tltv mother 'country—at least the Cortes, have
abandoned alf•hope of ultra-marine dominion;
and daring. the -Contest it is ,notorious. that any
ad vintage which the trade of this country ob-
tained in that quarter was entirely owing to the
successes of the
,Independents. This., perhaps,
finest portion of the known world, now tranquil
and independent, opens a great. sphere for com-
mercial intercourse. , The Independents have the
best disposition towards this country. British
sollers have' bled gallantly in their defence ;
British capitalists have also contributed to their
success, with liberal enterprise. .They are natu-
rally desirous 'of establishing re.lations.of amity
with. a nation renowned for its freedom.l., and
tioir means of 'consumption and Production, even
LitlortorcOnsiderable;will,,itr.their new state, be
-rapidly increased in a:very slioct period,.. There
cannot be a nobler field for commercial enterprise.

[BRITISH PRESS.]
The Irish •-Gove'rnmint' has resblved to call
into active. service some of, the militia regiments
of the south of Ireland;: and the' corp of yeo-
minry. The want of an efficient magistracy
in the disturbed districts sought to be re;•
medied by placing military men, as, low as of
the rank of Captaiits,liiion.the commission of the
peace. This is .a desperate expedient,. shewing
the inefficient condition 'of the local magistracy,
but which we fear is almost justified by the-cir-
cumstances of the country: Abuses must, ..hoiv-
ever, be expected to flow from so preposterous an
unier. of powers that are essentially oppOed to
each others and -that' are in tact now United. merely
as a paltry evasion of the law, and for the pur-
pose of concealing the-bitter truth, that the civil
power must yield in the existing emergency to
the paramount necessity of enforcing tranquillity
by the unrestricted .vigour of military execution.
We must confess , that., if this necessity really
exists, and if it
.be found expedient to silence law
and justice by the din of arms, we should prefer
to see the matter boldly-avowed, rather than to
witness this insidious attempt to overwhelm the
magistracy by artfully confoundingin one person
the civil and military authority. Stich a pro-

seeding tends to establish a precedent which is
ikely to become highly dangerous to the State.

LT:IE TIMES.]
. - . .

We are sorry that Ireland-should occupy so
large a space in our journal,—should offer so
many subjects of 'painful feeling to our readers
and ourselves. Another murder, and perhaps
less tranquillity, may seem to be the summing-up
of this day'S news. We present a copy of the
proclamation, offering a reward of two thousand
pounds—inexplicably portioned out—to the dis-
coverers of the murderers of the Sheas. This is
matter of technical dryiress ; but the murder of
Major Collis probably borrows a little from ro-
mance. However, we must leave these matters
to the reflections of our readers, who have all the
facts that vie have before them. If we were
asked our opinion of the probable duration and
effect of this horrible evil, there is no doubt, we
apprehend, but that it may now be speedily,
not extinguished, but smothered. The mur-
derers of the Sheas, perhaps, occasioned more mis-
chief than all. of them intended ; and among the
half-unwilling and wholly penitent agents, we hope
some discovery of the most guilty will take place.
Major Cows appears to have been murdered for
his money ; and such an occurrence would not
have been surprising in other times and in other
nations. Our information, however, is scanty,
and we can only reason from what we know.
But if thellame of this Irish commotion may be
speedily smothered with ordinary efforts, and the
common powers of Government, we think very
differently of the total extinction of the fire.
This latter •is a task wholly above the talents
of the present men ; and they will probably not
attempt it. A little temporary quiet may be im-
posed by dint of an armed force ; and we shall
then, in homely phrase, " rub on," externally
tranquil.

We think it necessary to notice to our readers,
as they may see (what we know to be in circu-
lation) letters from Hayward and Cadman, as-
serting in the one case, that the offence for which
the writer was condemned was his first offence ;
and in the other, that the writer was compara-
tively -innocent, as he was not a vender of notes
to others,—that we have made inquiry upon. both
these subjects, and decline publishing the letters,
from our full conviction, or rather absolute know-
ledge, that they are not such as should have been
written.by men in dying circurn,tances,—in other
words, that they contain falsehoods. Still we
must guard ourselves against any misinterpreta-
tion of our opinions upon the subject of capital
punishments, their frequency, or extent : all that
we mean to assert is, that under the existing prac-
tine, these men were not the fittest subjects for
the Royal clemency.—(lbid.)

[NEW TIMES.]

We should hardly feel inclined to interpose
any observations of ours, in a matter situated as
the pending prosecution of The Times is, were
it not for •the very extraordinary and unprece-
dented'. tondlict of that print not only toward
its prosecutor, but toward -a most honourable
body who• have no sort of concern or connec-
tion with the prosecution. A more shameful
abuse of the power of the 'Press cannot well
be conceived than this—The Times publishes
a libel on Mr. Sharp—he prefers an indict-
ment against the publisher, which is found a
true Bill; but' the latter instead of awaiting his,
trial with decent tranquillity, begins a new series
of libels, in the manifest hope of prejudicing the
Jury who are ultimately to decide on his guilt.
We are afraid that there are persons weak enough
to believe the base insinuations of The Times,
solely because that Joarnal has the effrontery to
repeat them ; but every man of sense must see
through and despise so gross an artifice. We feel
it due, however, to the Constitutional associa-
tion to state, which we do on the best informa-
tion, that not one farthing of the funds of that
Association has been advanced toward the cost of
any prosecution instituted by Mr. Sharp ;
.that
no application has ever been made to them for
any such purpose ; and that they have never
preferred any Bill (as has been falsely as-
serted) for a libel on their Assistant Secretary.—
It is true that Mr. Sharp has preferred several
successive indictments against different Jour-
nalists, not for the same, but for several succes-
sive libels. And will it be said that an English-
man shall be run down by the Press, without
daring to appeal to the• laws of his country for
redress.? The libels against him have been
" most violent and abominable." They have been
so declared by several able law authorities, and
they cannot in reason or common sense be
thought otherwise. Why some of the Bills have
been throw.n out, we certainly :cannot pretend to
guess. -Possibly the continued system of defama-
tion pursued by the libellers themselves mayin some
degree help to account for this circurnstance.

FROM THE AMERICAN PAPERS.

FROM MEXICO.

MANIFESTO ADDRESSED BY HIS EXUBLLEisTCY THE
CAPT.-GENEIt AL TO THE IIiffABITANTS, THROUGH
—•TIIE MEDIUM OT THE GOVERNOR OF THIS PR.O—

•'INCE.

• " On the evening of this day I began my march
towards the city of Cordova, with the view of
having 'therein an - interview with Signor Don
Augustin Iturbide, Principal' Chief of the Impe-
rial Army, upon the three gurantees. Let us
treat therein of the reciprocal. interests of both
Spains. My attachment to' the Americans, the
love of my country the desire' which animates
me for public good, and the rectitude of my in-
tentions, I flatter myself, are already well known ;
and that the people will rest persuaded on the
preceding supposition that my voyage is indis-
pensible for the only means of insuring the pub-
lic tranquillity, and cementing the felicity of
these Realms. Before I go I consider it a debt
that is now demanded by the affections I owe to
the well-deserving Citizens of this place, to take
leave of them ; for which purpose. I address my-
self to your Excellency, assuring them that
for my own part it should always appear_ that
in 'no negotiation into which I may enter
can the 'legitimate interests of Spain be corn-
'promised, that is to say, such as can be claim-

eci without inl:•rfering with those which na-
ture has pointed out to every man; anci grant-
mg the rights of man to united societies that a

secure guarantee of the persons and fortauesl
of the Europeans established in New Spain
is one of the most sacred objects which I haVe
intended to sustain, which, accordivg to the cor-
respondence with the said Chief, he appears dis-
posed to coincide with my opinion, as far as they
are natural and just ; that 1 must be guaranteed
by American honour, that there is nothing to fear
for their persons or my own, as little for their
interest, or that there should be done the slight-
est act against my character and representation ;
that I warn them as one in authority, and intreat
them as a friend, to dismiss ill-grounded fear
and reports, scattered by restless spirits and
movers of evil ;,that they make every effort to
preserve the public tranquillity and respect the
Authorities ; that they repose confidence in their
Chiefs; and if any of them should doubt,from some
irremediable fatality, I take upon myself to con-
vince them thatrhave had much experience, and
do not yield to them in sincere good wishes ;
under which idea the alterations which have not
been made, need not be discussed, because they
are not in question. It is not given to every one
to have an intimate knowledge of public affairs.
If it were possible that an evening party could
investigate matters, like a Council, the measures
of Government would seldom be found to merit
distrust or criticism.

" To you, Seignior Governor, I now particu-
larly confide,. to make known to the public the
contents of this letter, contributing on your part,
that what is therein expressed may have -a proper
effect. The want of time does not allow me to
address myself directly to those inhabitants, nor
officiate with the corporate bodies or authorities.
Be pleased, Sir, to communicate this to such as
may be proper, assuring them all of my gratitude
for the kind reception-I have met with among
them, and I trust I shall have it in my power to
recompense their hospitality by more interesting
services.

" Of the Chiefs, Officers, and PublicFunc-

tionaries who have accompanied me from Europe,
few follow me. The most of thein remain in
this place. I ought to acquaint you, Sir, that
they are all persons selected by myself, and that
they deserve my confidence. Under this im-
pression, those who do not march to-day on ac-
count of their health, are left more particularly
recommended to. your Excellency, that a speedy
march may-be made by them in health, and by
the sick as fast as they recover, paying every one
their just dues ; taking into consideration that
this is my order, that it is my recommendation,
and that they are remarkable for their good qua-
lities, their excellent deserts ; and, in considera-
tion of their want of means, occasioned by the
expences of the voyage, which should be at-
tended to, and for which they shall be reim-
bursed. God preserve your Excellency many
years. .

" J 'CAN O'DONOJU,
Aug. 19. Governor and Civil. Chief of this place."

NEW YORK, . OcT. 25.-I'l6..follaiving inter-
ligence is copied from 'llavannah Papers-to the
17th ult., received at St. Augustine by the
schooner Stamper, Lines :-
46 Vera Cruz, Aug.27.=LefterS from Alvarez,
the Secretary of State:of Getieral O'Donoju,
from Don Lorenzo. Murphy, and from the Trea-
surer of Valladolid, Doti Miguel Bellide, dated
at Cordovo, the 24th inst.,- are received.—lt ap-
pears by them, that upon. the 22d, General
O'D.onoju entered into Cordovo, and on the 2.3 d,
at night, General Iturbide, between two rows
of -wax torches, the inhabitants forming tr
.street ; and several illluminated triumphal
arches, firing of cannon, music, and every thing
that could manifest the rejoicing. lie pro-
ceeded to the church, and thence to the house,
where General O'Donoju was waiting for Lim,
and where they held a courteous and satisfactory
interview.—General O'Donoju had returned but
a short time to his house, when Iturbide went to
call him with all his suite, which was brilliant and
numerous.—On the 24th, General Iturbide
repeated his visit, and they entered upon
the conference,. which was no 'sooner over
than Bernd° entered to see 'General O'Do-
noju, who said to him, full of delight,—
' Every thing is conclnded, and.l are. transported
with a feeling of joy, which the testimony of the
most glorious actions alone can produce. 'I have
proposed nothing which has not been. acceded to,
and nothing has been requested of me *WI is
not founded in _reason. Our treaties will be
published to-morrow, and the, whole kingdom
will witness the union of the reciprocal interests
of two great nations.'—General Iturbide dined
at the house of General O'Donoju, who gave the
first toast to the former Chief, and he returned
the second to him, and the third was drank to
the whole cornpany by them both. The dinner
lasted till six in the evening.-:—Murphy writes
word, that on the same evening of- the 24th, or
at day-break of the - 25th, Iturbide set off for
Puebla, and that General O'Donoju will depart
.immediately.—The Riquebne is ready, and only
• waiting for two. Commissioners, 'wit& ai-e"to carry
to Spain the Treaties of Cordova t they are ex-
pected.. every moment.—Don Juan O'Donoju
offers, to. employ his authority that the troops of
the garrison of. Mexico shall take their departure
under an honourable capitulation, in concurrence
with the wishes of the first Chief, to avoid the
spilling blood and making use of force."

SuicinE.—An Inquisition was held yesterday,
at the Horse and Groom, Mount-street. Lam-
beth, before CHAILLEi JEmmurr, Esq. Coroner,
on the body of Mr. KING, aged 83, who put a
period to his existence on Tuesday last, by cut-
ting his throat. It appeared by the evidence ad-
duced, that the deceased had for some time past
resided in Mount-street, and lived on his proper-
ty. A few days since a sudden change was ob-
served in his temper and conduct : he became
reserved and peevish, and frequently when alone
was heard.to talk very loud and incoherent. an
Tuesday morning he rose at his usual hour, and
appeared completely lost in thoUght. lie shortly
afterwards went into his bed-room, where in a
few minutes he was discovered with his throat cut.
Verdict--" Insanity."

LAW !NI. ELI,CG FNCE.

II(f CO U:::: OF ADm I RAL,TV, Nov. 23.

THE 311IP DUNDEr.".

This was a ease of oaliat.ion ; a.nd turned upon the qu;:stion
of the liability of the vzss;fl by which the accident was c;:ca-
sioned.

It appeared that on the evening of the Ath of MP.rch, 1820, it
being then twilight, and there be:ng several stars visible, the
smack Princess Charlotte, of the bsrrlo.n of about lta tons, And
on her voyage from gerwizic ' to. London, was working up the
Passage called the Swin, near" tue Mouth :of the river, her
course being' west and by south, when she perceived on her
starboard bow, a brig and a ship. coming dovM upon her,
Wearing east and by nor h. The brig, which proved to be
••tlie.Ativenture, was hailed at the distance of about 200 yards
by the Princess Chntl4tte's Peoile and thouei the brig nearly
fouled. her, yet-she •passed to.vmdward, (at the distance, how-
ever, of a few. feet only), without occasioning any accident to
her. The ship, which was pursuing precisely the same course,
and which proved to be thepundse, Holmes master, of between
300 and 400 -tons burden., unfortunately. encountered the
Princess Char :Otte by running her bowsprit right into her star.
board side, under the main chains, in such a manner that the
water poured into the smack 5-. feet water in the hold were
found upon sounding. The Dundee,-.which was going through
the water at the rate of sor knots an hour, carried the Princess
Charlotte, whose and mainc.iil had gotentangled'among
the rigging of the bunde.o, .for a considerable distance on her
bowsprit $.lll it bfoke : and then the.. 'smack want " down ..head.
foremost. • •

The evidence was of an exceedingly contradictory character.
On the part of the Princess Charlotte, it was alleged that the
accident Was not unavoidable, but, arose from the mismanage-
ment of the Dundee, which did not starboard her helm in time,
notwithstanding that she was repeatedly hailed by the smack's
erew to do so till the very. last.
On behalf of the Dundee, it was deposed that the loss of the
Princess Charlotte was. purely accidental, or if attributable to
any mismanagement, attributable only to the unscamanlike
conduct of the Princess Charlotte's own people, who, if they
had continued to wean on,- in the same course which they were
keeping at the time, instead of porting their helm, would have
escaped all damage whatever.
Dr. Arc ors, who appeared for the owners of the smack
Princess Charlottes opened the case.
Lord STowELL was assisted by two of the Trinity-masters.
Dr. ARNOLD stated, that after this accident occurred, the
owners arrested the ship Dundee, on account of the damages,
and entered an action ; appearance was given, and bail entered
into. But he now understood that a question might be raised
with, respect to the extent of the Dundee's owner's liability.
This question it would not be necessary for him, in the first in-
stance, to address himself to. A libel had been given in, con-
taining the charges advanced on the one side with respect to the
cause and extent of the damages ; and an allegatiorrhad been ,
furnished by the other .party, embodying the defence which was
to be' set up against those charges. These respective pleas he
would endeavour to go over as briefly as he could, in order that
the Court and the gentlemen by whom it was assisted might be
the better enabled to form their judgment on the relative merits
of the case. It appeared. that the Erincess Charlotte at the time
of the accident had on board a cargo of grain and some mer..
chandise, and was manned with her full complement of ineh to
act-12 men, besides four passengers. On the 6th of March
she set sail from. Berwick, rind proceeded on her voyage, being
bound p London, until the evening of the 9th. On that even-
ing, having entered the Sarin, and being at a distance of about
two miles and a half'above the Beacon, she was wearing up her
course, being W. and-by S., the wind blowing from the S.S.W.
It was not a moonlight evening ; but it was in proof that it was
clear, end that the stars were sliming. A little before seven
o'clock, she observed two vessels bearing towards her : the one
la brig, called the Adventure, and the other a ship, which proved
to be the Dundee of London : they were both wearing in a
course E. and by N. The Adventure was about a quarter of a
mile a-head of the Dundee, and both were holding the same
course. All hands on board the smack were on deck ; the
master and two of his crew keeping a look-out before the
windlass. At this time the three vessels (the smack, the brig,
and the ship) were in a line one with the other. Upon the Ad-
venture's .nearing the Princess Charlotte, the latter hailed
her to keep " her helm to.starboard;" with which the Adven-
ture's people immediately complied, and afterwards bore off,
clear away. In a few.minutes afterwards, the Dundee bore down
close to the smack, but though the smack's crew repeatedly
hailed " Ship, a-boy ! starboard your helm," the ship return-
ed no answer, and no notice being taken, and she in fact refus-
ing to do so, as the Adventure had done, the Princess Char,
lotto's: men.proceeded. tp make every exertion that was within
their power iii order to get clear of her. Having repeatedly
Called out to the crew of. the 'Dundee, they at length perceived
some slight alteration in her course adopted, which induced the
'smack's men to believe that their hailing had been heard; and
was attended tb, by the ship's having at last starboarded her
helm ; but immediately after, the Dundee ported her helm.,and
came- right on board the smack, striking her- with the Utmost
violence on her starboead side, and driving her. bowsprit through
it, near the main chain. The, Dundee was going about six
knots;' and the smack at not more titan three ; and the litter,
which was literally hung up by the ship's bowsprit, continued
in that state fbr some time, till it broke, and then she went
down head foremost. The ct ew were promptly got on board
the Dundee, but it was found impossible to save any thing out
of the cargo or materials of the smack. It was further alleged,
that when the men were got on board the ship, the master.(W.
Holnies) and the pilot were foubT to be in a state of intoxica-
don. They both acknowledged " that the accident was alto-
gether their own fault, but that it could not be recalled ;"
meaning thereby that the Dundee had occasioned the damage.
The pilot added, " I shall be a ruined man ; for I shall be
broken, and- what will become of my wife and family ?" He
also said, that when he had run forward to. the forecastle, he
had left the helm to starboard, but that at his return he found it
a-port, and he wished that the person who had so altered it had
had his head under the ship's bottom. It was further alleged
on the part of. the smack, that, just previous to the accident,
the master and the mate wer.e.below in the cabin, pricking off
her course on a chart. that hearing much noise, they ran on
deck, but that when they arrived there, they found the ship so
close aboard that it was impassible to prevent their fouling.
Then the libel went on expressly to impute-the disaster to the
want of skill of the master and.others on board the Dundee, and
to the want of a proper
,look-out on their part. The 2d article
pleaded, that the burden of the Dundee was about 450 tons,
and her draught 15 feet water ; that she had on board a Trinity
pilot, but not duly qualified to serve on board any vessel drawing
more than 14 feet. The value of the smack, taking it as on
ship, freight, andbargo' was about 9,0001. The remaining ar-
ticles were in the usual form. They pleaded the Court's juris-
diction, and prayed compensation. The, Learned Counsel ob-
served, that he had now recapitulated as briefly as possible the
facts laid in the libel. •

The CotritT suggested, tifat itloi.ild be inexpedient to open
them in too brief a manner, because much_ of the evidence•was
derived from the statements of ,parties.who.were present at the
occurrence; and whose evidence wds thetefore, perhaps, the
most iiripartant. .

Dr. An.NoLn explaThed,' 'that by saying -" briefly," he did
not mean to imply thi,t,.lie had omitted any thing material to
the case. but only. a few technical forms. The allegation -on the-
other side given in, set forth that the' Dundee was 'a -new s ip,
completely foinitLin storts'and pinperly manned; thatfsbe had
on board at the time'of.theT.c.cident.her captain (Mr. Holmes),
two mates, a pilot, anal a competent crew; amounting in all,
including szven apprentice 3tll..rnen--a'. number which was •
her fair complement: It wateallage.d that,the Dundee-had taken
a river pilot but had act him ashoife;.auil took on' board in his
swad a Trinity pilot ; .that;.a. the ..SiiiP'was. 'proceeding 'on her
with all , these %persons. oft board; andsteering, on the
evening of the Niftif esst..and by north, a 110:teenier
*brig came i.Ol t• a-head t•A' the:La-v.11:e; keepingthe'sarrie course ;
that. aliortly after this' -.collierhich. was' the ,brig
had so passed tb-Duiltlct;;,,she was observed. by:the mastertthe
pilot, and the of the •giindee. suddenly to alter her course
by putting her •to starbeiiirct: that thereupon the pilot- of
the Dur.dee.ortt.ai Ler 68 put :to starboard, which Was
•immediately clone, and. tihnot- in -711te same moment a smack,
which.proved • tit be' the 'Princess Charlotte., • Was seen for the
first time, barely cleaz of the-Adient‘lie. It was fuxther al-
leged, that the altering ;the the. Dundee was a proper
and seamanlike measure ; both die Adventure. and Dundee hav-
ing adopted it in brder to pass (In the lee side of the Princess
Charlotte ; that the smack pOrtell her helm, and endeavoured
to go to leewardof the. Adventure.; .hailingthe brig; an4desir-
ing her to go to the WillflVlta.ra. ';'112.4 snrkaek thereupon ported
her helm a-tce, and did go ioloetyr.4l• of the said brig. .It was
contended in this allegitiori that the, manoeuvre of the smack
was unseamanlike ; .and. titer. ne,twitlotanding the.great•eker-
dons which were inq.de.on heard7the Adventure to obviate acci-
dent, it was witti• the ;greatest diffieulty..that she could be pre-
vented from running ,dovirf tlicksmdCk.: that the-smack by this
wrong measure, placd.herself in it' situation whereirt'she became
perfectly unmanageable,. her Mend being in the wind: that her
crew were °lodged to'be in great .cOnfuiton :at this time ; and.
..that if the Princess Charlotte, imniediately upon seeing the Ad.
venture alter her coursiN lxr,i continned.her own without altering
the helm at all, she would . have- gone clear by the Adventure
by many yards, and by the 'Dundee by many fathoms. The
filth article denied that the people on board the Princess Char.
lotte. did at all hail the Dundee, or call out " Ship a-hoy
starboard your helm-:" and• equally denied that the Dundee
ported her helm. It alleged, also, that the Dundee, upon see.
ing the brig Adventure • alter her' course,not only immediately
Put tier helm hard to starboard, but continued to keep it so
• •

still, and so held it at the dine that the accident happened;
that not more than thirty minutes altogether elapsed frog'
the time at which .the smack • cleared the Adventure and
the Dundee's coming.' into contact with her ; that the rig-
ging and mainsail •of the 'smack got entangled with those
of the Dundee ;
.after whieh the Dundee became -so un-
govetnable, that there was no possibility of getting .129 x
of • the smack. The sixth article dented in express ~ toms
that any of • the Dundee's people, at the coming aboard of
the crew of • the. smack, were• in a state of. intoxication ; and
that the master and pilot had 'made any -such declaration
as the libel imputed to them. it pleaded that all the Men were
perfectly Sober,, and at their respective stations; and. that the
master, the pilot, and upwards of lb' men were on her deck At
the time of the accident. The seventh article, 'in corroboration
of the last, set forth the prompt and effective measures which
were taken for the securing the crew of the smack. The eighth
article denied the statements contiLlileci in the libel with respect
to the .Dundee's tonnage and the pilot : -the burden was rated
st 35t; tons only : it was admitted that Wing's (the pilot's)
cense.extended only to the pilotage of vessels not drawing more
than 14 feet water, on.voyai,,es from London to the North Seas;
and that the draught of the Dundee was rather more than 14
feet ; but it was submitted that Wing was a perfectly compe-
tent and proper person. for the office in which he was engaged-
The Learned Counsels then observed, that in these proceedings
a great number of witnesses had been examined; 15 on the past
of the Princess:Charlotte, the smack run dowu, and 21 on the
past of' the Dundee, The Court would feel, that it would be A
drievous amsuinption of time, if he were to attempt to open in
etail evidence• of such. extent. Besides, the Court, and the
Gentlemen by Whom it si,iS assisted, would find that there
were many facts, on which the witnesses for the parties inte-
rested, both on the one side and the ether, were perfectly agreed,
and in fact 'admitted. The time and place at which the accident
in question occurred werenot disputed. The state of the wind
and weather, that it wasa fair evening, that there was a mode-
rate breeze from. the SS, W., and that there was an ebb tide ;
all 'these were Points no more in dispute than the different
courses. in 7/hicli ,they were sailing. Upon the whole of the
facts that .would. appear from the evidence to be read, the
Learned Counsel submitted it would clearly appear, that the
mni iSfortie • in which this suit had originated arose from the
Dundee's- not having done that which it was alleged to have
been her duty to do ; namely, the putting her helm to star-
' board, and-keeping it in that position.

Dr. Ana.his' on behalf of the Dundee, began by observing
that his Learned Friend (Dr. Arnold) had rendered it unneces-
sary for hint to go more at length into the proceedings which
had been had in thikcaae. His Learned Friend had very pre''
perly ehdria-retirealato impress upon the Court those particular
topics on winch the case was. most likely to turn. Several facts,
as he had stated, were not in .diSpute between the parties ; and
to them, of hoursen'it•was.uhnecessary that he should now ad-
dress himself. The Dundee, it appeared, was just entering the
passage called the Swin, :When a light collier brig named the
Adventure overtook her. Without a struggle for precedence by
superiority of sailing.; - the Dundee suffered herself to be passhil
by tins ,vessel, and the. Adventure thus shot a-head of her. It
so happened thit the-'smack the Princess Charlotte, bound tg
London,• had enterednlie- satne passage from the other sida,
and was bearing„directly. towards the Adventure, which was
upon precisely, or almost so, the same .couese as the Thial-
dee. The faCh was, therefore, that all the three vessels were
in a line... :.The.. Dundee -and the Adventure were coining
out of, and the, Princess Charlotte was going into, the river.--
The wind and weathei at the time, were matters very little dis-
puted between the parties. It was very clear that the vessels
were in courses directly contrary the one to the other. The
tide was the first of the ebb, and he (Dr. Adams) wag informed
that at that period it would necessarily run to the eastward. .It
was also to hi remarked, that being all three in • a line, the
Dundee was placed,•as it were, behind. the Adventure; so that
the Princess Charlotte and the Adventure must have been, is
some degree, inxisible to each other. was, too, evident from
the testimony of the principal officers on board both the vessels:
the Dundee and the Princess Charlotte saw one another, just 0
the time when the Adventure, by starboarding, had got a hal"
oat of the line. The ships were all sailing at a very moth:tate.
rate, 'and' when the Adventure had passed the Dundee, the hit-
ter kept her way at a reasonable distance eastern, quite enough:
in shortefor all reasonable purposes of safety. From the whole
Of the evidence, it would be clear to the Court and the Gentle-
men by whom it was assisted, that it was the duty of the Ptia-
dess.Gharlotte to have " kept her wind," to hold on, and nut to
alter hencourse ; as little could it be doubted that it was the
duty both of the Adventure and the Dundee to do every think
which might be piefitalele to be done for the purpose of getting
put of the way of the smack. The main question therefore was,
whether, in thocase of the Dundee, the starboarding her helm
was that proper and reasonable thing ? Now there WF.S.Ont fast
which his Learned-Friend, Dr. Arnold, in opening the cass,
had not in. the slightest degree alluded to; but which to hits'
(Dr. Adinis), seemed, in truth, very material and easentihi-
It was this—that though the Princess Charlotte did starboard
.her helm -immediately before she pasSed the Adventure, yet she
had before that ported her helm. The, other side, indeed, de'
nied this in their plea; but the fear was clearly proved by Ales-
ander Elliott's deposition ; and of that he need only say, that
Elliott's was the very hand that did it. There were shewn ua
11aVe been serrie other circumstances in the conduct of the smarm
to which he should now call his Lordship's .attention, .because
they seenied.to him be very important ; . and their effect ihss
this ' • that ny the contrariety of manoeuvring on board the Psill‘
cess Charlotte, she threw herself so completely on board the
Adventure, that it was only by a very short space indeed that
the vessels at length passed each other: The ()diet side de;
nied all this ; but he must contend that 'it was clearly prove*
against them in spite of that denial.. It was proved. that
the smack had. ported her helm : but 'finding that the 4-0-
venture would starboard her's, she' 'wa.a- obliged t do the
same thing ; thus losing time, by mismanagement, at a hie?:
critical period. In consequence of this, the smack was
the greatest possible- danger of running on board the Adventure'
and only cleared her by a very few feet. The confasiori
oe_3°,
board the Princess Charlotte was shewn to have'been such,
it must have been almost impossible for her people to see 'bat
was doing in- the other ship. She was with her head in
the wind, and was in that state that she became qUite unmane.'t
able. At this time the Dundee was proceeding about 50 tec
from the other vessels. Now it had been represented as a. her/
strange thing, that because the Adventure, a light collier blip
had been able, by atarboarding her helm, to pass and clear the
smack Princess Charlotte, this (Sreenlander, the Dundee, *
much duller sailor, should not have answered thebehn au resi-
dily'as the light collier, and cleared the smack with equal 66'
lity. He did apprehend that-the Gentlemen by whom the COO!t
were assisted would be of opinion that it was not to be expected
that she should. The Dundee did what was right, bat unfore
tunately it was-too late. It could not, of necessity, be effectest
in time enough, by reason of what
.had passed on board the
smack, and of the fatal position in which that had placed het'
The Court and the Gentlemen would perceive how strongly th 4
evidence went. to shew, that if the Princess Charlotte had CO
tinued its her course without alteration, she would have pair
on without danger or damage, but instead of keeping her heon
straight, she threw herself right atlawart.the course of the DO'
doe. Ilse trusted that.he had now shewn that no reasonable
fererice, applying to. the• Dundee, could be drawn from OA
thing which inight,have been done by the Adyenture. It wit**
be fhand, by the general result of the various depositions to be
read; that at-iso time had the Dundee ported .herhelrn ; and he
(Dr. AdaMs) would readily admit, that if sire had done so stie
Would inte done'Very wrong ; but the evidence went quite the
other way—it went to shew that her helm had; in fret,
itarboarded from first to last ; yet the ocher side had ventured
. toauggest that the Dundee, in the most improbable way, to be
sure, that•eould be well imagined; had tiest parted and CD:,
starboarded her helm. This was a thing lassitivelTdenied
every peason on board the Greenlanderht tnitinse..Upon these
-facta, it would in his argument be his dtify to submit, that the
accident sustained by the Princess Chatiptte: and. Which all psi r.;
cies must' unite Msdeploring, was Of that detcription, that it i to*
been impoSsible.to be prevented ; 'and that it' the #essel had bees
worked rightly no such accident would hhve befallen her. 11j.
to the monstrous facts which had been put into the plea on the
oppoSite side, aelatiVe to the irhoxication, of the master and trw_e
mete, ,they .were triunaphehtly answered by the Mass of evidehet
tending'. to.,ptdve, , in the clearest. manner,' -that there' was rev,
,
liquOi off,bortad the' Dundee at all, eaceptiog one bottle. • whittle
Was secured in the :master's locker; and-Loath -ati Ihr• final thes
master; die rate, and part of the crew latirenreally intoxicate:a:,
nothing but small.beerbeal been servs4 out in. the,.aaaesea.if
whole Thetotiriwohld not fail to uhaerve; niereuvet, tr'
pionipt.ineakrai that Were adgpted by thesDandee itninedhatois
after, flier accident, in le wering her boats,seehrinn the shiadee
people,
.and so forth, front all which it was established that St'''
lookhaukoti board tier was mesa vigilant andaenple. . In hoe:
elusion, •the Learn:al COutiael .aulanittedahatit was quite IP'a
possible that the Dundee could• prevent the misfortune wh.g
unhappily tilde occur, and quite impossible that any rasponaio,
kitty. for that accident should lie pronounced to have attached .1.
this Diu:d;A.
(The evidence, which was voluminous, was then read aria
Dr.. Adams, by "the desire of the Court, .proceeded with his ae
gumeht Upon the facts, . which he discussed in wiliest *"er
speech ; we shall defer reporting it,,liotreFur, till we are anair-7;
to lay the remainder of the argument of Counsel before
public.). At its conclusion,
Lord ST owEhn consented to take the farther hearing on tl'l
by-clay of the term.
'fiche Court was occupied with this case all day, and did
rise till half past four.

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