The Sun.
London, England, 1821-08-03 00:00:00

STATE OF TUItKEY.

Intelligence was received -yesterday from va-
rieus parts of Turkey. It is contained in letters
of the 26th of June from Smyrna, the 27t4.from
Salonica, and the 2d of July from Constantinople;
and having been conveyed by an express.from
the latter city to Vienna, is the most recent in-
formation that has reached this country.
Up to the 2d of July, at Constantinople, the
communications between the Porte and the Rus-
sian Ambassador remained suspended. The lat-
ter had not received his instructions from Peters-
burgh, and it was thought that it would be the
middle of the month before they could arrive.
The insurrection in Wallachia is now ascer-
tained to be wholly suppressed. Advices had
been received, announcing that Ypsilanti was
wandering as a fugitive among the mountains on
the frontier of Transylvania. It is said that in
the last engagement he was able to maintain with
the Turks, several Franks, officers of his staff,
were made prisoners, among whom were three
Russians. Nothing has transpired, however, to
show that they had receivetlthe sanction of their
own Government. It may be mentioned merely
as one proof, among many others, of the warm
interest inspired into the subjects of Russia by
the struggle of the Greeks for independence.
In naval affairs a great effort seems now to be
making by the Turkish Government. Another
division of the fleet, the strength of which, how-
ever, is not stated, has passed the Dardanelles,
with the expectation of immediately commencing
hostile operations in the Archipelago. This-ar-
mament sailed, it is said, immediately on the
arrival of intelligence at Constantinople that the
armed vessels of the Pacha of Egypt had an-
chored at Rhodes, and were ready to co-operate
with them in an attack on the naval force of the
Greeks. An Algerine squadron, destined for
the same object, was also expected in the *Ar-
chipelago, and on the junction of the three fleets
great reliance was placed at Constantinople for
regaining the ascendancy at sea, on which the
issue of the contest so materially depended. 4n
those narrow seas, which are swarming with
Greek vessels, it is not likely that this can be
effected without some previous encounter.
In the Morea, which has been considered the

strong hold of the Greek insurrection, their af-
fairs appear to languish for want of enterprise.—
They had not been able to effect the reduction of
any of the fortresses, nor by their superiority in
numbers, and efficient naval force, to starve the
Turks into a surrender. At Patras the Turks
appear more than once to have ventured out of
the castle, but the arrival of a reinforcement of
the Greeks, and the appearance' of a Greek
squadron in the gulf, had agaiii forced them to
the shelter of their fortifications. The town is
now wholly destroyed ; and the English Consul,
after remaining 'to the latest moment compatible
with his safety, has been compelled to quit it. .
At Smyrna, the period from the 21st to the
26th of June had passed without any new out-
rages, and the city was tolerably tranquil. The
embargo continued, and a French sloop of war,
which arrived off Smyrna, was refused permission
to enter the bay by the Pacha. The Greek in-
habitants of Smyrna, who, during the -dreadful
scenes from the 3d to the 19th, took refuge on
board the vessels, had been induced, by assurances
of protection from the Pacha, to return to their
homes. They were far, however, from placing
implicit confidence in his promises ; but their
immense numbers, and the inconveniences of their
crowded situation, with the difficulty of procur-
ing subsistence, placed them in a choice of evils.
Great distrust is said to exist at Smyrna between
the Pacha and the Chiefs of the Janissaries, who
regard him with little respect. The arrival of
messengers from Constantinople, though their
dispatches were not made known, had rendered
it probable that a reinforcement of troops were
on their march, who would confirm his authority.
At Nymphe, a village about five leagues from
Smyrna, the insurrectionary spirit had appeared,
but the rest of the vicinity was quiet. The most
urgent necessity appears to exist for a strong
naval force in the Archipqlago, to protect the
European commerce in that quarter, as the Greeks,
according to the statements of the foreign con-
suls, are carrying on piracy to a most ruinous ex-
tent, with little discrimination in the objects of
their plunder, or respect for any flag.
Salonica on the 27th of June was in a state of ,

the greatest alarm, and seems to be on the eve of
a catastrophe more fatal than that of Smyrna. An
insurrection of the Greeks had broken out in the
week preceding, throughout the extensive coun-
try of Ca lamaria, of the population of which they-
form a very great majority. A contest of the
most ferocious description had arisen there.be-
tween them and the Turkish troops, the latter of
whom were worsted and driven into Salouica.
That city was crowded with them, and under the
irritation they felt against the Greeks, which they
imparted to the Turkish inhabitants, the greater
part of whom were armed, the most frightful
excesses against the Christians were contemplat-
ed. This dreadful situation was aggravated by

the appearance of a Greek fleet hi the harbour,
who were making demonstrations of au attack on
the Morning Paper.)

A Grand High Mass and Te Deuid was cele-
brated yesterday, in' the chapel of the Portu-
guese Embassy, in South-street, Grosvenor-
square, in the presence of the Ambassador, seve-
ral of the Foreign Ministers, and Catholic Nobi-
lity, for the safe arrival of the KING in Lisbon.
The Rev. Mr. FRYER, principal Chaplain, offi-
ciated at the Altar, attended by two
.Priests in
superb vestments. Mr. V. Novello presided at
the organ. The Mass was composed by Mozart,
and the Te Deum by David Perez.. The Solo
parts we►e admirably suns by Mrs. Hunt, Signora
Corri, Miss Cramer, Messrs. Evans, F. Novello,
Gattie, and Boyle, and the chorussas by the
other Gentlemen. of the establishment, which
afforded a delightful treat to the lovers of Sacred
Music.

Boston Haven, which has for some time past
been.so blocked up, that it was impossible for
large vessels to sail into that Port, is about to be
cleared at a great expence, so that ships of a con-
siderable tonnage may euter it with safety.

I. VW INTMLIGENCE.

COURT OF KING'S BENCII, AJG. 2.
gCIIOLEY V. COLES.

This was an action brought under the statutes
the 9th of Ann and 47th Geo. 111., to recover
a penalty of 501. for an illegal "'transaction con-
nected with the coal trade. It seems that the
ships engaged in that trade are furnished with
sworn meters (in order to the delivery of their
cargoes) upon their arrival in the river. The
meter is appointed as soon as the cargo of the
particular vessel appears, by the books of the
office, to be sold ; and the presence of a certain
certificate put on board at Newcastle or else-
where, by the shipper, is necessary to the proof
of such a sale. In order to prevent vessels from
obtaining undue priority in the appointment of the
meter, by sending up their certificates (by post
or otherwise,) before they are actually in the
pool and ready for delivery, a penalty of 501. is
imposed upon any master who shall part with
his.shipper's certificate before his vessel is to the
westward of Blackwall ; it was for the vecovery
of that penalty (half going to the informer, half
to the King,) that the. present proceeding was
taken.

The undue delivery of the certificate was
proved, and the Jury found a verdiict for the
plaintiff—Damages, 501.
The Court, on its rising, adjourned to the Sit-
tings before Michaelmas Term.

CONSISTORY-COURT, Auc. 1.
RUDVN AGAINST-SMITH', FALSELY CALLED nunux.
In this ease Lord STOWELL gave sentence this- r.—
h is dismissed tie libel asinsuflicient to authorize him
in pronouncing the sentence of nullity which was prayed for.—
At the same time the Learned Judge desired to be distinctly
.understood as not intending, by that dismission, to lay down
any general rule in similar eases, as he was proceeding entirely
Upon the peculiar circumstances under which the present matter
came before the Court.

TIM MARQUIS OF DONEGAL. V. MAY, FALSELY STYLED
. MAnCniONESs OF 'DONEGAL..
Dr. PHILLIMQRE was heard in reply to the objection which
had been taken by Dr. Saiabey to the jurisdiction of this
Court, with regard to the citation issued, by it against the
Marchioness of Donegal. The Learned Counsel .observed,
that he understood the argument of his Learned Friend to
found itself upon the 106th canon • and that of his other Learned
Friend (Dr. Lushington) to be &rived from the statute 23d
Henry VIII., technically termed the Statute of Citations.—
His Learned Friend did appear to him to have put somewhat
of a wrong construction upon it, however, inasmuch as he
spoke of it as one enacted for the protection of the jurisdic-
tions ; whereas it rather seemed to him (Dr. Phillimore) to have'
been intended for the protection of the parties cited. - Since that
statute had passed, it had always been held by the Courts which
had had to put a construction upon it, that the appearance of a
party to a citation cured all defects in the jurisdiction ; and this
was the principle upon which he meant to meet his Learned
Friends. The immediate object of the statute was to correct
the extravagant pretensions of the Archbishop of Canterbury;
not so much as Archbishop of Canterbury as the " Legates
Latus" of the See of Rome. He admitted that the wordi of
the Statute bore, that no
.person should be cited out of the
jorisdiction and diocese in which he might happen to dwell ; •
but in a 'very curious anonymous ease, which his Lordship
would find in Etty's Reports, p. 99, it was said, " it was alio
observed by Richards, that if a man subMits himself out of his
diocese, he never can have his prohibition, because the cita-
tions have not issued according to the 23d Hen. VIII. His
submisiion shall validate the jurisdictiOn." There was also a
case in Gale, by which it appeared that a party could not plead
the said. act against a jurisdiction which he had acknowledged.
by appearing to. The fact seemed to be, that the statute did
not take away the jurisdiction, but gave the parties a right to
dispute it. And -to this effect was the well-known case of
Laugh= and Langhatn' which was decided by. the Court
On the 21st of June, PlO3. There the party cited was of the
parish of St. Dunstan in the East, which was out of the Court's
jurisdiction ; yet the Court held that the defect might be ab-
solved upon the principle now contended for. It was a maxim,
that a citation which was not valid per se produced in the Spiri-
tual Courts no effect ; so that if a process were had upon such
a citation, the sentence would be null and void. (Ayliffe,
p. 17G.) But it was otherwise where the party chose to appear
to such a citation ; for afterwards he was not competent to dis.-
pute the jurisdiction. So Gibson, in his Codex, commenting
largely upon the statute of Henry VIII., observed, "If a man
is cited out of his diocese, and appears, and thereby submits
himself to the jurisdiction out of which such citation travels,
lie shall have no benefit of. the st oute of citations (23 Ben
But there was a stronger authority. in Gale : and he
knew not whence lie could derive a more effective one, particu-
larly upon subjects connected with the canon law. In his 40th
observation, in the-chapter, " de citationibus," he advanced the
same principle as Ayliffe : but expressly declared, that the case
was otherwise where a party appeared to a citation, " namque,
per comparationem, citatio convalidatur." But, besides that
in the present suit, instituted by the Marquess, of Donegal, his
Marchioness had appeared : if any objection to the jurisdiction
of the court was to be sustained, it must be an objection com-
ing from one of those two parties. No such objection had been
taken ; and he doubted the competency of his Learned Friends
to raise it on behalf of the next in kin.
Dr. SWAEEY here submitted to the Court that the argument
which he had before offered, founded upon the 106th canon,
was strengthened and confirmed by the 94th canon. That ex-
pressly restrained the Dean of the Arches or the official of the
Audience Court, as it ,was then called, or the Ordinary, the
Archbishop, his Vicar-General, or officials, from citing parties
out of their dioceses before them, excepting only in the cases
excepted by the 23d of Henry VIII. The Learned Counsel
then contended, that no objection taken on these grounds, either
under that Statute, or under the 94th or the -10iith canon, would
be good. in law. So it was ruled in the case of Dr. Lewis, Mi-
niiter of the Parish of Allhallows in the Wall, London, who
was proceeded against on the 17th of October, 1674, (on which
day the citation was served), for marrying clandestinely. In
June, 1675, sentence was given against hint in the Arches
Court. He appealed to the delegate; and the cause was as-
signed to be heard in .1676 ; but in the meanwhile.the Doctor
prepared and finally prosecuted his appeal against :the original
jurisdiction. The case was exceedingly well argued at the
time ; Dr. Lloyd and Dr. Masters having been selected for that
purpose by the society. The same inference, as to the validity
of an objection taken to tie jurisdiction of the Court, after the
appearance of a party, was to be derived from " Darby and
Cousens." That was a tithe case, where the question arose
Upon a certain inodus ; it was alleged that the quantities had
not been duly set forth ; but the parties proceeded against in
the Arches Court refusing to give in his answers, the cause was
finally.reMitted to the Court below, from whence it had been
brought up.
Dr. Plisr,ermonE was disposed to think that the last case
was rather favoUrable to his own argument than otherwise.__
As to the language of the 94th canon, it could prove nothing
in the matter. now befote the Court; for it clearly applied
only to the regulation or the Arches and Audience Courts,
providing merely that none should be cited therein Who were
not dwellers in the Archbishop's diocese, or else in his
.peeu-
liars.. The words were " then dwelling," Sec. Yet in many
cases the Court would not begoYerned even by this rule; for so it
was in the case of " Tenducci and another;" for Tenducci was at
Naples during the greater part of the proceedings which were
had in that suit. The suit was (hr nullity of marriage, by reason
of his impotency. Having thus disposed, as he trusted, of the
objection against the Court's jurisdiction, with respect to the
Marchioness of Donegal, upon the principle that " citatio, ptr
comparationem in curia, convalidaturf it remained to be as-
certained how that objection operated with respect to the party
sin whose behalf it had been taken. If this gentleman (Mr.
Chichester) intervened at all, and indeed he disputed his liabi-
lity to be made a party, he must be content to take the case as
he found it. He at least was within the.. juriSdiction of the.
Court ; and no doubt the Court would rule that it was not com-
petent for him to raise an objection as on the port of another
person, namely, Lady Donegal.. As to that lady, there was ro_
thing to prove that she was not within the jurisdiction of the
Court ; and for the reasons already alleged by him, he (Dr:Phil-
limore) trusted that the objection which had been urged could
not be sustained.

Dr. JESSE ADDAMS, on the same side, entered into a short
argument for the purpose of showing that not only the 94th and
106th, but several of the preceding and following canons, relat-
ed entirely to the judicial regulations of the Arches and Au-
dience Courts ; that upon the authprity of the cases cited by his
Learned Lcader, it was obvious that the simple appearance of
the party to the citation was sufficient to found the jurisdiction,
and that therefore this could not be contended to be a proceed-
ing CORAM NON JUDICE. This objection, in fact, was strictly
a plea in abatement ; and as such, one that ought to have been
taken advantage of before issue was joined in the case.
Lord STOWELL felt that the stream of authorities was in fa-

your of the binding a party. by his voluntary appearance ;' and
therefore was of opinion that the jurisdiction'of the Court in this
matter was established.

Dr. LUSIIINC TON had no difficulty' in saying, That it would
be very desirable that Mr. Arthur Chichester should have 'the
Solemn judgment of some Court or other in this case. At the
same time he wished to consult for a few minutes with his LearnL
ed Friend Dr. Swabey, before he addressed ,his Lordship (if he
should feel that course to be necessary), having certainly anti=
cipated a different opinion from the Court upon the question ,of
jurisdiction • •
The two Learned Counsel-then withdrew for a short tirhe..arid
on their return

Dr. SWABEY informed his Lordship," that Air. Chichester;
feeling the matter to be one of extreme ;importance, intended,
with great deference.and . respect .for this Coitrt, to appeal, hiA
protest being overruled, to some other Court. It might be the
Deler:atesor a tribunal of another character.- Under these cir-
cumstances, neither himself; nor his Learned Etientb, ri.it it a
duty to address one word more to his Lordship Upon this matter.
After some observations lion, the other Counsel, the allega-
tion of the Marquis of Donegal wasadmitted without opposition.

• ,• LAIIOVREE AGAINST tAnounEr.
In the last Session but one of the Court, this cause was con-
cluded. • The. amended libel being brought in on the part of
Njr, Labouree, proceeding against his wife in a suit of separa-
tion and divoree,-by reason of. adultery. The libel was admit-
ted ; and his Lordship pronounced the sentence prayed for, •

HIGH COURT OF ADMIRALTY.
His Lordship then presided in the Admiralty Court. •
THE SHIP PRINCE REGENT.
This was the case of a, bottomry bond, in the hypothecation
of which the freight was omittod.
Lord.STowELL- said, he" sitould direct that the freight in this
case be bronslit in, and subjectd to contribution in an average
Upon the ship, freight, and cargo. -In this case the freight 11 ::it
been omitted in the hypothecation of the bond.: but he had no
doubt of the Court's jurisdiction 'to .supply, the deficiency, which
it now directed to be supplied. I,Tuquestionably the hypotheca-
tion ought to have included freight. The leihier—the person
who advanced the money upon the bottomry un;-
doubtedly elect to havethe cargo included ; for he was compe-
tent to elect upon what security he would hazard his adVancei•
But he could not exclude ship and freight, for ship and freight
were evidently the natural securities for the repayment of .his
money, and the Court observed, that in directing. the freight to
be added to the hypothecation, it was only strengthening the
securities to which the lender was entitled.
The bond was then ordered AO be' brought into the Registry
of.the c curt, and,to be paid with interest and costs.

THE SHIP.
I . In this case a ship's 'register wasAITRORA delivered up by the Captain
of the vessel to a party inaking:advancesfer. repairs done anti
performed -to her in consequence of damages sustained at see ---
The Captain drew upon the owners for the amount or part of
the amount of the chargeS ; and payment was
refused by thern
of the Captain's bill. This• was an application to the Court
to grant an attachment ao.ainst the party holding the ship's qr.'
tificate of registry, so deposited with the lender of the monies
expended in repairs by way ofsecurity ; and by him refused t°
be delivered up until repayment of his disbursements. It tic rts
contended on the one hand by Dr. Lushington, that the master
ought to have taken up such monks in the regular way.. ul'on
bottomry ; but that he had no right to deliver up his ship's re"
gister, nor the lender of the -cash to detan it. Dr. .le r,
the other side,maintained,- that the Party advancing the trio Y
was entitled to withhold the register, by way of lien upon ti-e
owners for his advances.
Lord STOWELL said, that as this was a new case, he should
take sometime to consider of it.-

Extract of a letter from C. Tneostry, Eq.
dated Glenfield, New South Wales, FebruarYl
18'2i ;—" I have been much occupied the last
six months giving instructions to the Superinten-
dent of a new line of road to the country I tai`'
covered beyond the Blue Mountains, one month
of which was emplOyed .on an excursion with has
Excellency the Governor, who expresed his tiLl"
miration of the country, and his high approtia'
tion of my personal exertions. I shall make one
more trip to the interior for a'hont three Nreel'zs:
after which I shall bid adieu to discovery, oF 91-'
health, from the great privations 1 have under-
gone, demands it ; but I am anxious to aseertaT
the termination of.a river which I discoveret,/
during the time / was oUt ivith the Governor, mi
one of his depUts,, from whence I made a further
excursion, accompanied by one white man acid 0
native, for four days; during my absence 1)!'
was much alarmed foamy safety, as at settin..4 e't
I had only a few biscuits, not-intending to be ab-
sent more than one day. The. country and bal'l's
,
of the river abound with slate and finejimestonez
therefore should it (which I have little doubt of/
communicate with the .eit,it will be oft he utro63t
importance to ..this Colony."—(Wolverhamptoo
Chronicle.) -
FlRES.—Ar'rrtithiNir. llAr.t., near Bracknell?
was rodueea to a skeleton on Tuesday by
:1 fire
nothing but the walls are
-standing:- It br()i,
.
out in the laundry, where the servants hadin i
I cautiously left a horse full of linen to tlry, a"
such,,,was the rapidity of the flames, that twtea: :H
vestige of furniture was saved, the inmates 50P.,c,4,,
ly having time to escape.. Attached to ie'l,
buildings were stables and a conch-house, wln.e,
were also destroyed. Mrs. Adamson. the 1%,1
sent occupier of the house, was in London wnr_,
flee fire happened.—Weduesday afternoon, about
two o'clock, a fire broke out in the house
...1
John Wilson, carpenter, Seven Star-alley,• Nat,
cliffe-highway. It originated in an
-on the ground floor, in consenuence of
iron
which sec-
vast having incautiously placed a !ironing - I
which had been just taken oil' the fire, in a cur- 4,
board among some silaviiu.-7s. The premises wer:.
nearly gutted, and the greater part of the stool"
in trade and furniture destroyed.—Another lire
happened yesterday morning early, at the house
of Mr. Beningborough,,Talbot-place, Itegent.s-
park, which destroyed the interior. It was of-
ta hrtem en
casioned by some bed-curtains being accidentally
set on tire.

DEATH BY LIGHTNING.-011 the 20th ulf;'
Oldham, an old man, was killed by lightmr,;""
at Tollard Royal, Wilts ; he had taken
under two oak frees,—the ,most dangerous
tion possible during a thunder-storm.

• BIRTH.
YestcsNlay, the Lady of James Window, of Upper Fe'iford.
?lac::, of a ;ion.

MARRIPP. ,
On'the :31st of July, the Very 11.1 t. Thomas Carter, 105
Chaplain to his R. H. the Duke of Gloucester, and wrre'
Grace the Lord Primate of all Ireland, ,Dean of Tenin7 133,11f'
bend of the Cathedral Church ofArmagh, and Rector 0,'11,e
more, to Harriot, youngest daughter and co-heiress
Richard Winfield', Esq. tbe
Yesterday, at. St. George's Church, Hanover-sqlorpiire;
Hon. Edward Harvey Hawke, of Womersley Park, for,,ter ()Li,
eldest son of Lord Hawke, to Elizabeth, • second dat,gl,; zn
Sir John Ramsden, Bart., of.Bryam, in the same count}'
niece to the Marchioness of Hertfbrd. Ay&
Veste”day, at LambetTi Church, Isaac Wilcox, Esq. °III r t()1.
street-hill, to Miss Giblett, niece of John Hunter, E50.]:...1.••••'

DIED. 'le of
On Monday last, at Grove-lane, Camberwell, Sarah,
Benjamin Wilson, Esq., aged 66. Cc'
On Monday. the 30th ult. after an illness of 24 boars, of 4'l
Celia Frances Horton, eldest daughter of Charles MY- J;;(1.
Bevis Hill, near Southampton, aged flve'years and. a 11,91,-orlY
On the Ist inst. Mrs. Martha Willett Adye, nfred -I"
surviving sister of the late J. W. Willett, Esq. of MerlY 11°1.1
in the county of Dorset.

.
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