The Sun.
London, England, 1821-12-10 00:00:00

GAZETTE OF THE GOVERNMENT OF INDEPEN-

DENT LIMA. 18TH .JULY, 1821.
FIRST YEAR OF THE INDEPENDENCE OF PERU.
NEWS OF THE ARM Y.

By a communication from Bujama, under date
of the 13th inst., we have the following :—" The
enemy continue their precipitous flight, and
leave in their march spectacles which would ex-
cite horror in the most insensible minds. From
the time of our departure from Lurin, we have
scarcely gone a step without traces of their bar-
barity. More than 30 dead bodies, some from
weakness, and some froin disease, and others
shot on the way because unable to pursue their
march, have presented themselves to our sight,
as the food of birds of prey. Rodil, according
to unvarying accounts, has been the person who
sacrificed the greater part of those victims. Dur-
ing yesterday and to-day we have met with 39
sick, of whom five have died. Ido not believe
that the half will survive. The whole of these
have been found in the open fields, but some re-
main likewise in this town, where a small hospi-
tal has been formed.—Yesterday, on our arrival,
we learned that the enemy had broken up their
camp from Coayllo at three leagues distance from
this place, at the moment they heard of our ap-
proach. They directed their route towards
011111 s on the Sierra, and thence they will be able to
proceed for Lunaguana, or for the pass of Yaugos.
Immediately our advanced guard would he upon
them, which by the dawn of this day would be
at Coayllo. Desertion follows : between yester-
day and to-day they have sent to Lurin 24 prison-
ers to the order of the Governor of that place,
that he may unite and embody them. We have
likewise taken 50 lances, and several muskets.
Ninavilca is about to join us with his party, and
will instantly preceed with Vidal and the other
commandants who occupy the Sierra, to prevent
the enemy from enjoying an instant of repose."
Another letter from the same place, and the
same date, is expressed as follows :—" We have
arrived at this place in pursuit of the enemy, who,
proceeding in their cowardly flight, leave on the
road indubitable evidence of their atrocity. I
feel a horror at the crimes committed by Rodil
and Valdes, and even endanger my credit by,
mentioning them. They shoot all the soldiers
ho, either by fatigue or infirmity, cannot con-
tinue their march, saying to them—' Die, wretches,
rather than become our enemies.' Their dead
are consequently numerous ; many fugitives pre-
sent themselves to us daily, without including
the infinite number who escape by by-ways.
These cowards, out of terror at our troops, have
proceeded by indirect roads to the Sierra, com-
mitting at every step injuries and outrages. At
this date the loss is not less than 500 men; and,
further on, on account of the difficulty of the
roads, the loss will be greater."
[OFFICIAL A RTIC LE.]
From the time that the Chief of the hostile
army took measures for abandoning the capital,
the General of the Liberating Army dispatched
his orders to frustrate the intentions of the op-
pressors. They flattered themserves with the
hope of concentrating their forces on the Sierra
and destroying the troops of General Arenales ;
bqt his Excellency, who had resolved not to risk
the safety of Peru on the issue of a battle, and
to spare the blood of his fellow-soldiers, till the
liberty of Peru should be no longer in danger,
has had the satisfaction of receiving communica-
tions, dated the 12th instant, from General
Arenales, in which he states that he has received
the last instructions relative to the movements of
the enemy, and says, that every thing is disposed
and ready to return opportunely to the defence
of the capital, which will be effectually pro-
tected without exposing the inhabitants of the
Sierra, or depriving them of the defence which
their sacrifices and enthusiasm deserve. llis Ex-
cellency is taking effectual means that the army
of the enemy be placed among a people who de-
test tyranny, and may thus remain isolated, be-
coming thus weak in proportion as they are un-
just and opposed to the general will.

DESPATCI! OF HIS EXCELLENCY SENOR D. JOSE DE

SAN MARTINI TO TILE ARCHBISHOP OF LIMA.
_ _ _

" Most Excellent and most illustrious Sir—The
intelligence which I have received that your Ex-
cellency remains in the capital, notwithstanding
its evacuation by the Spanish troops, has consoled
my heart with the idea that your venerable per-
son will be a sacred shield against the attempts
of licentiousness, to which your city has been ex-
posed, by late events placed at the disposal of
my army. By my public proclamations I have
manifested to Peru, and have presented before
the human race, my wishes for the prosperity
and the 'liberty of your country : my actions
have not hitherto belied my promises, and I

congratulate myself that, your Excellency has
been in a situation to observe the especial
protection which .1 have given to our holy

religion, td its temples, and its ministers. If
thence I have a right to hope from your faith in
my solemn promises, I invoke the influence and
power of your holy ministry, that joining your
salutary counsels to those of the Priests of the
Lord, you may co-operate and influence all of
them to preserve order in the.-city, respect for
,peaceable citizenF, and inspire -confidence and
security into minds that are at present agitated.
I flatter myself that the apostolic zeal of your
Excellency will fulfil my desires, and that when
the fatal ravages of war-shalt have disappeared,
and Lima shall enjoy tranquillity in its liberty
and independence, you will enjoy the •glory of
having contributed to its tranquillity in moments
of'conflict, and of remaining always in the eleva-
tion of your ministry, the bulwark of peace, re-
ligion and morals. God keep your Excellency
many years.
(Signed) " JOSE DE SAN MARTIN."
Dated on board the galliot Sacramento in the Day • •
of Callao, July 6.
Tin: ANSWER.

('.MOST ExcELt.txT SIR !—.\Vhat your Excel-
lency has written, and what you have observed
concerning the evil which you could do, and
which you have not done, and concerning the
pious consideration of the Church and its Minis-
ters, has confirmed the high ideas formed of the
virtues which adorn your character.—The
senti-
ments of religion and of humanity which breathe
in the letter I have just received from your Ex-
cellency, have given great satisfaction to my
mind ; because a Prelate, who is about to give
an account to God of the trust committed to him,
is anxious to skew that he has done his duty.--.=-
I cease not to raise my feeble head to God in
thanks for the events which pass in the most cri-
tical moments of our existence, but the Almighty
only, who is Lord of our hearts, can arrange all
things. I give your Excellency thanks., like-
wise, for the consideration which you have shewn
towards me: I shall always be devoted to your
Excellency by the justest titles.—God keep your
Excellency many years.

(Signcil) "- B:IRTOLOME, Archbishop of Lima:.
" Lima, July 7."

LAW INrELLIGENCE.

COURT OF CHANCERY, DEC. 8.

This morning, upon corning into Court, the Loan
Cnax-
CELLOn informed Mr. Shadwell and- Mr. Sugden, that his
Majesty had been pleased to appoint them two of his Counsel
learned in the Law, and he therefore desired that they should
take their seats within the Bar. The Learned Gentlemen ac-
cordingly took their seats within the Bar.

BOLD V. STEWART.

The Loan CHANCELLOR said he was not induced, upon re-
flection, to alter the observations which he had made upon the
aboVe case yesterday. lie was still of opinion that the question
at issue must be decided by a trial at law. -The only difficulty
which remained was to know what to do with the outlawries.—
He wanted to know whether the solicitor had obtained for hint
the information which he had yesterday desired him to seek, re-
specting the mode of- proceeding by a Sheriff under an out-
lawry. •(A solicitor here handed a raper to his Lordship). lie
was furnished with the certificate of Mr. Burchell, a Gentleman
of great experienCe in the office of Sheriff of Middlesex, and it
exhibited a very comtbrtable state of the law. Instated, that
it was the practice of the Sheriff, in case of an execution against
a debtor in a partnership; to seize all the chattels„and effects of
the partnership; and expose to sale the share or the debtor in
them. The interest of the debtor in the partnership was also
sold. All this was done, without any reference to the partner-
ship books, in order to ascertain what were the debts of the
firm. Mr, Burchell said he did not know what the practice of
the 'Sheriff was in cases of extent and outlawry, but lie believed
it to be the same as in execution. He (the Lord Chancellor)
thought it impossible that the state of the law could be as was
described. He could not rest satisfied with the information he
already possessed, and he would there:A:re delay his final judg-
ment till Monday,- in order to afford himself time to make fur-
ther inquiries on the subject.

COURT OF KING'S BENCH, Due. 13.

Sittings at Nisi Prius, before the LoRD bRIEF JUSTICE.

This morning Messrs. T.tuir•roN, PULLER, and AnAm,
having been appointed'" King's Counsel, learned in the law,"
took their seats within the bar, and received the ordinary con-
gratulatious of their brethren.

WOOD V. VEAL.
This was an action of trespass, brought to try the right of
public passage through a part of Little Abingdon-street.
Mr. MAR RYAT, for the plaintiff, contended that the locus in
quo was a mere yard leading to the private property of indivi-
duals. It led to two wharfs, and to a couple of houses built by,
and belonging to, the owner of the soil.
GURNEY relied, for making out a thoroughfare. upon
three facts. First, there had been such a permission of public
passage as amounted to dedication on the part of the ground
landlord : next, the spot in question was known by the name of,
and laid down in public documents as, Little Abingdon-street :
lastly, it had for 50 years been regularly watched, paved, and
lighted by the public.
The LORD CHIEF JUSTICE attached no weight to the last
two circumstances ; and observed as to the first, that the•per-.
mission of public thoroughfare had been, not by the owner of
the soil, but by his lessee.
The Jury found a verdict for the plaintiff—damages Is., sub-
ject to the revision of the Court. •

COURT OF COMMON PLEAS, Dcc. 8.
BEER ANT) OTHERS V. WARD.

The Court resumed its tonsidaation of this case 'at ten
o'clock, when a few witnesses were called on the part of the (1. -
fendant to prove the words writtten on the envelope containing
the certificate, to be the hand-venting of William Cotton sen.—
The plaintiffs then. produced evidence in reply, which went
to shew that the signatures to the affidavit for the license and;to
the bond of indemnity, as well as the writing on the envelop-e 7
were not the signatures for the hand-writing of that gentle-
man.

Mr. SCAR LET T then addressed the Jury for the defendant.
He observed that the evidence which had just been adduced,
was brought forward not to satisfy theminds of the Jury on the,
question of Mr. Cotton's hand-writing, but merely to raise a
doubt in their minds whether the signatures to the affidavit ar d
the bond, and the words on the envelope of the certificate; were
written by him. He wished to reminclthern that this certificate
had been proved by the production of the books from the Arch-
deaconry-office. To that place it 'had been transmitted in due
course of business, and had been registered there by the proper
authority. It was therefore proved to have been actually made
at the time it purported to bear date, and might be considered so
far as an ancient document. But whether it had been forged, or
whether it was genuine, the plaintiff's case was equally-defeated.
If forged, no marriage whatever had been proved, and the
plaintiffk could not claim, as heirs at law, being illegitimate; if it
was genuine, 'then the property must have belonged .to• Evelyn
Rowland Cotton, he having been the first child born after the
marriage, and by him it had been given to Mr. Ward, so that,
in either case, the verdict must be for the defendant. - •
The SOLICITOR-GENERAL said, at this late hour, when
the Court, the Jury, and the Counsel were exhausted by their
attendance, he felt himself obliged, especially when he consi-
dered the importance of the cause, to ask that its further con-
sideration might be postponed,to Monday. If his request was
not granted, he was confidenthe should not be able to do ius-
tice to the part with which his clients had entrusted him.—The
Court then adjourned. ,

W. B. WRIGIITSON, Esq., of Hutton Bonvilte,
at the late receipt of his Lady-day rents in
Northumberland, returned his tenants twenty
per cent., and ten pet' cent. at the preceding rent
day.—His Grace the Duke of -NottniumßEß'
LAND has, in the handsomest manner, subscribed
one hundred guineas towards the completion of
the new building intended to be erected in
Westgate-street, nearly opposite to Coiling;
wood-street, by the Literary and Philosophical
Society of Newcastle.—Sir J. E. Sll'iNl3uttsYl
Bart., the President of the Society, has also sub"
scribed one hundred pounds for the same Plc-
pose.—(Durham Advertiser, Dec. 8.)