The Sun.
London, England, 1828-11-29 00:00:00

LITERATURE.

THE GEM. LONDON, 1829.
This is another of the tasty fraternity of the
Annuals, and does infinite credit to Mr. Hood,
its Editor. This gentleman is already favour-
ably known to the public as the Prince of
Punsters--indeed ice can never hear one
made without . instantly recalling to our minds
his irresistibly laughable Resurrection story
—but he has here shown powers of a far
loftier and more intellectual -character : and in
.his poem, entitled " Eugene Aram's DreaM,"
has put forth a display of power which few,
if any, of our modern poets can equal, cer-
tainly not surpass. We -recommend these
very impressive stanzas to the perusal of all
who love to see the human mind laid
bare by a searching process of moral anatomy,
not unlike that which they so much admire in
Shakspeare. Let Mr. Hood only forswear the
verbal vulgarities of Cockaigne, its maudlin taste,
absurd enthusiasm, and consummate impudence,
and stick to what is really valuable in literature,
to a fine manly mode of expression, a discrimi-
nating sense of the beautiful in nature or art, and
a generous sympathy with the feelings, not the
conceits of the human heart, and we are convinced
he may yet win a high rank, if not the highest,
among our present race of poets. His Eugene
Aram, is worth a thousand displays of poetic

prettiness.
The remainder of the contributions to the
taste and. judgment ;
GeM" are .replete with
but one. by C. Lamb, " On an Ithnt," is of
a'superiof order of style and thought. We re-
gret that our limits prevent us from extracting it.
As regards the embellishments of this amus-
ing Annual, we may speak in unqualified terms
of praise. The " Widow" does as much honour
to the engraver, as it has done to the pencil of
Leslie, its painter. The Temptation on the
Mount," too, is striking, as are all Martin's
works—with this single drawback, that the chief
characters in the
,illustration are wholly lost sight
of, in order that more ample justice may be
done to the mountains and the distant cities and

landscape, in which Mr. Martin so pre-emi-
nently excels. On the whole,, this Annual is
equal to any ofits rivals.

MR. MONTGOMERY'S POEMS.

We have spoken in terms of well-merited
commendation of Mr. iklontgomery's last volurne
of poems, and are glad to perceive' that it
has already reached a second Edition. The
first was in quarto, but this is in a more
convenient size, being uniform with his sub•

lime poem on the Omnipresence of the
Deity, to which it is a worthy compa.nion. Mr.
Montgomery's ambition, like his muse, is of the
highest order. He is not ;content to tread the
comi-non path of celebrity, but aspires, in his own
emphatic langna;ge,

To have his glory mapp'd upon the chart
Of Time, and be immortal in the truth
And offspring of a lofty soul ; to build
A montiment of mind, on which the World
• May gaze, and round it future Ages throng,..-.-
Such is the godlike wish,
which his

Ambition dares, and Hope secures him all !

Th following spirited extract is from his Poem
on Death—it is truly descriptive of

THE YOUNG POET.
Upon the mountain, with thy glowing cheek,
And soul ontlooking from the lifted eye,
As if it glanced the beauty of a thought,—
Why, who art thou, undaunted by the storm
In rolling anthems found thee gather'd? Clouds
Swell black, and underneath the Ocean roars
As though her waves were all to whirlpools lash'd !
Yet caoopied with thunder, there thou stand'st,
Until the storm of genius whelms thy soul,
And trembles through thy being ! Art thou not
A Spirit tempest-born, and on the rock
Ecthroned, to parley with the thunder-peals?
Thou wart not moulded for the selfish world;
Too lofty and too full of heavenly fire
E'er to be measured by ungifted minds,
Whom glory bath not raised. Ambition roek'd
Thy cradle, genius all thine infant soul
Etherealized, and in the rich-orb'd eye
The rays of thought and inspiration pour'd :
Before the tongue a budding thought reveal',
Imagination dallied with thy mind,
And sent it playing through her airy realms ;
But when the man upon thy forehead bearn'd,
Impassion'd creature then thy race began !
. Feelings of beauty and of deep delight
Flow'd from the countenance of this fair earth
Into thy %mai, wherein a second world
Was shrined : for thee inspiring Nature glow'd
And warm'd thy fancy, like a dream from heaven.—
Thor). lov'st her mightiness, bee glorious mien !
Whether she loose her ocean zone, and let
The waves abroad, or hang the sky with storms,
Or hail thee in her thunders !—or at eve,
When vocal breezes sound, like viewless birds
Of melody, call thee to witneoo how
The laarshall'd clouds attend th' imperial Sun
Unto his throne of waves,—alike divine
She seems.--And not alone does Nature 'trance
Thy senses into wondering awe; but all
That men admire, by geniu.s or by art
Created, swells the homage of tin/ heart.
Mosic.,,--the breathing of a soul ! will thrill
Thy being till it ache with rapture, as
The eye of Darkness, when by light o'erwhelin'd ;
A living picture, like a passion pour
Delight, into thine eye ; aWI Poesy,—
at,anap'd thy mind, and colours all thy thoughts !
To have thy glory-
mapp'd upon the chart
Of Time, and he immortal in the truth
And offspring of a lofty soul ; to build
A monument of mind, on which the World
I}/„'ly gaze, and round it future Ages throng,
sud, ia the godlike wish, for ever warm
And stirring in thy spirit's depth : and oft
Beneath the mute magnificence of heaven,
When wandering at the radiant hour of noon,
ecmantic boy ! ambitionish,tahlynicnogrfsreo:
thy
Ambition dares, and Hope secures thee all
tbe;,pinnacle of fame
T'Arlinileodugertsactav4Jef4l::niil hold t4,ee, and thy buried hopes.
t ypth triumph
brow,
191 i path of Are
To feeling hearts, agifted ►though they be,
The path to glory
And martyrs to the genius they adore:
The wear of pa ion, and the waste of thought,
The glow of inspiration, and the gloom
That like a death-shade cloud: the brightest hour,—
Will make thee writhe—all these ennerving Pigs,
Attu that fierce rack on which a faithless wo
With agonies that mock the use of words,
Thou can'st not bear,—thy temple is a tomb !

The roeules have been very prevalent and
ilnusually fgal ill this city during the la9t eizht or ten
weeks. —4einElter Jourp.a,l.

• -
ROBBERY.—Yesterday afternoon, (hiring the
temporary absence of Mr. and Mrs. PRICE, Will) keep a
confectioner's shop at 150, Tottenham-court-road, their
bed-room was entered by means of skeleton keys, and about
351. in siiwer., two gold rings, a lady's gold neck-chain,
and several silver ornaments were carried off. Fortunately
the thieves overlooked two gold watches, which were de-
posited in the same drawer of the wardrobe from whence
they abstracted the other property abovementioned.

......
..74.,._,...,.. ,
€*,,,1411.

LONDON,
SATURDAY EVENING, NOVEMBER 29, 1829.

REPORTED DEATH OF DON MIGUEL.

It has been very confidently reported this
afternoon, in certain quarters, that Don MIGUEL
died of -inflammation consequent upon his late
accident, and that his mother was declared, or de-
clared herself, the ruling Queen. If both these
reports should prove correct, the public will not
be more glad at the first than sorry at the se•
cond. At any rate, the cause of the Usurper is
on its last legs in Portugal.

The Gazette of last night contains the extract
of a letter from Capt. -LYONS, of his Majesty's
ship Blonde, to Vice-Admiral Sir PULTENEY
MALCOLM, K.C.8., Commander-in-Chief of
his Majesty's squadron in the Mediterranean,
dated off Morea-Castle, the 30th of October,
descriptive of the part which the British took
with the French in reducing that fortress. Our
seamen behaved with their accustomed gallantry
and perseverance, and excited the generous rivalry
of their brave and admiring compeers.

The French Papers repeat to-day what they
stated yesterday, that Russia has resolved to en-
foree the blockade of the Dardanelles and Con-
stantinople. Count HEYDEN has addressed a
circular to the Admiials of neutral Powers upon
the subject, and endeavours to make the dose as
palatable as possible, by lauding the moderation
of the EMPEROR once more ! Every thing
will be suffered to pass but provisions and
articles contraband of: war—that is every thing
which could be of use to the Turks, or of service
to those who sold it.

We are of those who maintain that the justice
of a cause should not be measured by the in-
temperance of its advocate. The best of men
may err in the enthusiasm of debate—and ex-
press sentiments, which in their sober moments
will not bear reflection. But the casual error
of an over-excited mind, smarting under the
intensity of patriot wrongs, should not be seized
with greedy joy. It should be turned against the
offending advocate, but not against the justice
of that cause which it was his ardent am-
bition to support. We have endeavoured to
vindicate the cause of Ireland with humble, but
earnest and patriotic truth ; and in doing so even
we, though uninfluenced by party motives, and
unswayed by vulgar prejudices, may occasionally
in our anxiety to promote the general welfare by an
equalization of general rights, have overstepped
the bounds of a due discretion, for those who
feel strongly will speak boldly ; but it is " the
cause—the cause" which gives birth to the one,
and stimulates the other. That Mr. a CON-
NELL, in a momentary fit of indiscretion, has
spoken language which had far better be unsaid,
we believe no man is at this time more conscious
than himself. But it is not fair to quote a pas-
sionate episode of this description against the
huge history of his country's wrongs.
The Orange faction and their tools, it will be
observed, employ many artifices against the
Catholics, which are equally mean and ingignifi-
cant. They are at present raising a elamour
againzt ,Mr. 0' Co NNELL, for saying that if any at-
tempt were made to disfranchise the forty shilling
Freeholders, it should be resisted by force.
But admitting that Mr. O'CoNNEILL really used
these words, what does it prove ? Only that lit
is goaded into a state of exasperation by ill
treatment, and gives vent to his feelings in hasty
words. But very far are we from justifying such
language. it is extremely rash and imprudent,
tending to injure that cause which it was meant
to benefit. The true strength of the CabtAies lies
in peaceable and constitutional measures. Their
adversaries are fully aware of this,—and hence

~. .
~~~
..~

their continued insults and invectives ;—their
temptations to the Catholics to quit the sure
ground of the law for the desperate—the
fatal chances of civil war. They are continually
indulging in all sorts of malignant and provoking
ribaldry against the Catholics ; but the moment
that any Papist is guilty of passionate or illy
advised language, his enemies are filled with
perfect astonishment that any one should lose

his temper but themselves. They claim a
monopoly of abuse as. well as power.
They would make the indiscretion of one, the
argument for denying to the great body of the
Irish nation the enjoyment of their political
right& But this is all artifice. It is an attempt
to draw away the public attention from the main
question at issue. They may rest assured, how-
ever, that such trickery will not succeed. The pe-
tition of discontented millions will not be got rid
of in this manner by a side wind. But granting all
they can say against Mr. O'CONNELL—and the
latitude cannot be too wide for their deep re-
venge—is the Irish nation to be held responsible
for his errors ? Justice, if not humanity, for-
bids it.

SHIPPING IN TE LLIGENCE-(THI S DAY.)

FROM LLOYD'S.

DEAL, Nov. 28.—Wind W.S.W.—Arrived from
London, the Oscar, Hinderwell, for Rio; Ellice,
Whitman, for Tobago; New York packet, Cuske,
for Jamaica.

PLYMOUTH, Nov. 27.—Wind W.—Arrived the
Haydon, Smith, from Quebec. Arrived from London,
the Flinn, Philipson, for the Cape. Sailed the Car-
shalton, Park, for Madeira.
FALMOUTH, Nov. 27.—Wind W. to W.S.W.—
Arrived the Melantho, Watford, from Laguna.—
Sailed the Sheldrake packet, for the Leeward Islands.
DARTMOUTH, Nov. 27.—Arrived the Wellington,
Deighton, from Miramichi.

The Woodlark, Leary,from Van Dieman's Land
to the Cape of Good Hope, is wrecked on the coast
of New Holland.

The Providence Increase, Courforth, from Cha-
rente to London, was wrecked on the Good win
Sands on Thursday morning ; part of the cargo saved.
The Meteor, Watson, from Hull to Bengat,was
spoken with, the Ist of August, in lat. 34, long. 19.
VESSELS SPOKEN WITH.—The Sydney packet,
Waring, from England to St. Helena, on the line, by
the Sybille frigate, artived at St. Helena the 3d
ult. ; the Unity, Johnstone, from Liverpool to the
Mauritius, the 13th ult., in lat. 3. N., long. 18 ; she
spoke on the sth, the Surrey, of London, for New
South Wales.

THE FUNDS.--(THIS DAY.)

CITY, TIVELVE o' Ctorr.

The English Funds have been rather heavy this
morning, and the report of the renewed illness of his
Majes3y has had an' unfavourable effect on the Mar-
ket. 'Consols opened at 86i 7 for account, and
86.1 a for Tuesday ; for a short time they were 87;
buyers, but could not maintain that price, and have
subsequently gone to their opening rate. India
Bonds, 74., 7 pm. ; and Exchequer Bills, 70 2 pm.
In the Foreign Funds there appears to be nothing
of importance to mention, and prices may be stated
nearly nominal; below are the present quotations.
Shares are completely motionless.

In the City there is a perfect void, and no politi•
cal intelligence of any description whatever bas
hitherto been received.

Three per Cent. Consols, 861 1 ; Ditto, for Ac-
count, 86i 7. India Bonds, '74 7 pm.; Exchequer Bills,
71 3 pm.
koßElGN.r—Brazilian, 63 1 ; Buenos Ayres, 46/ 74 ;
Milan, 26 7 ; Colombian, 211 2 ; Daniih, 624- 3 ;
Greek, 17 1; Mexican, Five per Cent., 255 61 ; Ditto,
Six per Cent., 32 1 ; Peruvian, 171 181 ; Portuguese,
54 ; Russian, 951 ; Spanish, 101 I.
MINES.—AngIo Mexican, '75 3 dig. ; Brazilian, 43 5
pm. ; Bolanos, 100 20 pm. ; Colombian, 12 11 dis. ;
Real Del Monte, 250 240 dis. ; United Mexican, 201
19:k dis.

TWO O'CLOCK.

There is no alteration in the state of the Consol
market ; they continue at 86i 7 for account, with.
out business ; and Portuguese Bonds are 544 551
His Majesty's ship Sybille has captured a piratical
schooner, under Buenos Ayrean colours, on the coast
of Africa : no particulars are given.

THREE 0' CL 0 CK.

Consols, 87.
FOUR O'CLOCK.—CLOSING PRICES.
Consols 86f Danisla 621
Do. for Ac. 87 Greek, 1825 17
Brazilian Bonds Mexican, 1825 23

Buenos Ayres
Chilian Do.
Columbian, 1824 21i '

Peruvian
Russian 951
Spanish 1O

It is reported that a small country bank, con-
nected with FAN'S and CHAratAN, has stopped payment.—
We refrain from mentioning the name of this house.
At the residence of Mademoiselle SONTAG,
in the Hotel de !'Europe, at Paris, there are several bil-
liard-tables (a game she is passionately fond of), besides a
small caroussel, and several swings for the amusement of
the lodgers. Her establishment consists of two footmen,
three chamber-maids, or lady's maids, and one coachman.
Mademoiselle SONTAG keeps a coach of state, three other
carriages, and sit. horses, amongst which there are two
presented to her by a rich P4risian banker, on her return
from London.

BEEFSTEAK CLUB.—The first meeting of
this delightful Musical Society will take place about the
middle of, the corning month, when the lovers of harmony
and good fellowship will again he delighted with the treat
presented in this unrivalled Club.---Dublin even. Mail.
Accounts have now reached town from tli
most distant of those country banks which kept cash with
Messrs. Fay and Citaratax, but no disaster in any instance
appears to have followed the failure of that house. At
Newcastle, when the news arrined on Wednesday, there was
a smart run kept up for some hours on the bank there, con-
ducted under the firm of CuAPMAN and Co., but all the
,41:1113s op the house were promptly met. We understand
that the attention of Ministers themselves, as soon as intel-
ligence reached them of the failure of FAY and CHAP-
arax, was immediately directed to the sitpation of the
money market, and that the Duke of WELLINOTos came
to town early on the following day, to direct such pi oceed.
lugs as might he thought proper to prevent the spreading of
any alarm on the occasion. The Duke is said also' to have
addrerizmi a communication on the subject to the Directors
of the Bank of Eitglatul, enjoining them to act without delay
in such manner as might appear pefpl under the emergency.
and there is reason to believe, that in
consequence of
this communication the Directors waved all scruples
that might present themselves at the time against the
extension of their discounts, and passed the greater por-
tion of the bills that were presented to them. This
proceeding was judicious with regard to the money-
market, and hene4eial likewise to the interests of the
Bank itself, in fart, it vas cliXcult to obtain assist-
ance by discounts far some days lagfon: 0.1. e failure
of the banking-house, tir those who were in the secret
kept all their funds in reserve until its effect on the money
market was known ; so that the best houses might have
been exposed to inconvenience, but for the interference of
the Bank, which ran no risk in employing it, as the Di-
rectors were well aware that it was peculiar circum-
stances atom., arid pot Or encral state of the money-
market, which produced the diluter,

~\s~ ~

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF KING'S BENCH

Sittings at Nisi Prins, after term, before Lord TEY-

TERDEN and a Middlesex Jury.)

ELMS V. SAUNDERS.

This was an action against the Sheriff of Buck-
inghamshire to recover 760/., in consequence of the
said sheriff making a false return to a writ for that
amount on the goods of George Burgess, then within
his bailiwick; goods to the amount of 7601. having.
been afterwards levied against Abe said George Bur-
gess. Mr. Hutchinson opened the pleadings, and
Mr. Williams stated that the plaintiff was a widow,
and had for some time carried. on the business of a
currier, but afterwards gave. it up to him on a war-.
rant of attorney for certain, considerations. He
did not keep up his payments, and the plain.
tiff entered up judgment, and , directed a levy
on the goods of Burgess, for 2,000/. The
Sheriff returned, that there were no.goods or chat-
tels within his bailiwick. He wieuld, however,
prove, that farming stock to the amount of 760/.
was afterwards levied and taken away, and for that
sum she now brought her action. The Learned Gen-
tlemen believed that it was intended to set up an act
of bankruptcy, but he trusted that would not avail
the defendant, who he contended was clearly liable
for the debt.

Sir J. SCARLETT for the defendant stated, that
the real question was, whether the goods sold at
Eton belonged to the assignees of Burgess, who
had indemnified the Sheriff, or to Mrs. Elms, his
sister. The latter had had the conducting of the
sale, and had indemnified the Sheriff against
a notice of an act of bankruptcy which he
had received from the assignees. The Commission
of bankruptcy was, however, issued before the sale,
and the Sheriff then gave up the proceeds to the
assignees upon receiving an indemnification. The
act of bankruptcy was that of leaving the town on
a Saturday, when he could not get bail to a writ out
against him, and not returning to a late hour at night.
The Learned Counsel contended that he knew he
could not be arrested on the Sunday, and if the
Jury were to think that he went away on the 30th
June for the purpose of avoiding his creditors, they
would at once decide the case by a verdict for the
defendant.

G. Burgess was called to prove that his father,
the bankrupt, had been much embarrassed, and that
on the 30th June he went out of the way to avoid
his creditors.

John Griffin stated that Mr. Barton, of Windsor,
the attorney, who had bailed Burgess before to
writs which witness left for him, bad told
witness to call again, when he had left a writ on the
30th of June, at the suit of one of Burgess's
greatest creditors. He did call again, but was told
that Burgess was out of the way.
The LEARNED JUDGE summed up the evidence,
and the .Tory returned a verdict for the defendant. .

THE KING V. MOORE AND OTHERS.

This was an indictment against Wm. Moore,
George Saddler, Samuel Castleden, and William
Tanner, for assaulting and falsely imprisoning Wm.

Groves.

Mr. F. KELLY opened the pleadings, and Sir J.
SCARLETT stated the case to the Jury. It arose from
an oratorical discussion at the town house of the parish
of Mile-end. The prosecutor (Mr. Groves) was one
of the treasurers of the poor. A Meeting had been
called, for the purpose of arranging the parish poor-
house, and appointing a master thereto. The pro-
secutor interrupted some person who Was speaking
disrespectfully of the Magistrates, and informed him
that the Meeting was not called for the discussion of
that subject. Mr. Hall, the person alluded to, then
accused Groves of not having paid his rates, and, in
consequence, of having no right to be present. The
prosecutor had resisted paying his rates, from con-
ceiving that he was overcharged. The Magistrates,
however, confirmed it, and Mr. Groves offered to
pay it, but the collector said he would call for it, but
had not called up to the time of the Meeting. Mr.
Groves then offered to pay it, but the party were so
strong against him, thathey turned him out of the
room with violence, tearing his clothes from his back.
They then took him before the Magistrate, but he
I was discharged, and now sought reparation for the

injury he had received.
Wm. Groves was called, and described the busi-
ness of the meeting and the assault on himself, but
admitted that he had been thrice before voted dis-
orderly by parish meetings.
Another witness was called, but Sir J. SCAR-
LETT suggested that a verdict of guilty might be re-
corded, and the matter of compensation referred.
This was agreed to, and a verdict entered ac-
cordingly.

COURT OF EXCHEQUER.
?BE KING V. BELL.

Mr. CLARK said this was an information filed by
the Attorney-General against the defendant, to re-
cover the sum of 2401. for duties.

The SOLIcrroR•GENERAL, in stating the case,
informed the Jury, that this cause had been once be-
fore tried, on which occasion the defendant obtained
a verdict, but as it was considered to be of great im-
portance, the Crown applied for and obtained a new
trial. The defendant was a glass manufacturer, re-
siding in Lancashire, and' between the years 1825
and 1827, .on forty-nine different occasions removed
a quantity of manufactured metal from the furnace
in a contrary manner to what was required by the
Act of Parliament. The Crown did not now pro-
ceed for penalties against the defendant, as they felt
satisfied that he was not actuated by any fraudulent
intentions, but that lie erred through a wrong con-
struction of the Act. With this impression it might
be thought the present proceeding was harsh ; but
it should be recollected that the law was made for
rogues as well as honest men, and as a specific regu-
lation had been broken, it was necessary for the pre-
tection of the revenue that the penalties should be
enforced. The. Learned Counsel then described the
process required by the Act in the manufactory,
from which it appeared that the defendant had re-
moved some of the metal from the furnace without
giving notice to the Excise Officer; but he admitted
that the metal so removed was afterwards put again
into the furnace, and the duty paid upon it.
Mr. JAuvis, for the defendant, here said, his '
Learned Friend (the Solicitor-General) entertained
exactly the same opinion of the case as he did ; but
as no fraud was imputed to his client, he was willing
to submit to a nominal verdict.
The SoLICIToR-GENERAL could not accept of
such, a verdict. As he before said, a specific
regulation •had been infringed, and if it was
suffered to be thus passed over, it would open
a wide field for persons who wished to defraud
the revenue; he should fully prove that unmanufac-
tared metal had been removed, the duty on which
would amount to 24(11„ but as it was thought
the duty bad afterwards been paid, the Crown did
not proceed for penalties.
Mr. Itavis said the Crown had never been de-
frauded of a single farthing by his client. It was
true the metal had been removed, but it •was after•
wards put again into the furnace, and the duty paid.
The defendant had certainly put a wrong construc-
tion on the Act, but as he had no interest in so
doing, lie would gladly submit to what the Court
should say was it:: proper construction; but knowing
his innocent motives, he felt bound, as the offer of a
nominal verdict was refused, to defend the case.
Several witnesses were then called on each side,
who proved the facts as stated by Counsel.
The CHIEF BARON, in summing up, observed
that the Jury un thP fqrrper trial returned their ver-
dict for the defendant, on the ground, that he did not
contemplate any fraud. Now he felt bound to tell
the, ury that his opinion was that that verdict was
wrong, for a positive regulation had been broken,
and to protect the interests of the public, it was
necessary it should be punished ; for, if not, as the
Solicitor-General had said, it would- give great en-
couregemeni to the 4ishopfsr dealer. With these
remarks he should leave the case with them.

The Jury consulted for about a minute, anti then
returned a verdict for the defendant.—This case
lasted the whole of the morning, and svas the only
one for trial to day.