The Sun.
London, England, 1829-07-30 00:00:00

LIFE OF GENERAL JACKSON.

A sketch of the " life, character, and services
of Major-General Andrew Jackson," appears in

a late number of the Boston Statesman, a paper

strongly attached to the interests of the new Pre-

sident of the United States. It extends through
eight closely printed columns. At the present
moment we think a summary of this article ma)

be interesting to our readers, when the General
holds so important a station in the New World,
and so many and such erroneous reports have
been circulated respecting him. He is, it ap-
pears, a native of Waxsaw Settlement, in South
Carolina, and born of reputable parents, who
early instilled into him the political principles
which he has professed throughout his life. At
fourteen years of age his enthusiasm led him to
enlist in the militia, and he was soon afterwards
made prisoner at the place of his birth. His
captor, having soiled his boots in passing a creek,
ordered Jackson to clean them, which he pe-

remptorily refused to do, demanding the treat
ment due to a prisoner of war. The officer
enraged at this refusal, made, with a naked
sword, a blow at his head, which would pro-
bably have proved mortal, had he not parried it
with his left hand, on which a scar still remains
to attest the fact. His brother Robert, who was
taken with him, for also refusing to perform this
menial drudgery, received a deep wound on his
head, of which he died a few days after his re-
lease. His eldest brother, Flugo, perished of
fatigue at the battle of Stono ; and his father
being already deceased, his mother, who had
urged her sons to the field, in defence of their
country's independence, being then widowed
and almost childless, and subdued by grief and
misery, survived her son Robert but a few
weeks. At the age of fifteen, Andrew Jack-
son was left alone in the world—in one year bereft
of parents, brothers, and kin, and reduced to a bed
of sickness by his sufferings in captivity. While
thus sick and friendless, he was attacked by the
small-pox, which brought him to the verge of
the grave. The strength of his constitution and
the vigour of his mind enabled him to triumph
over the complicated ills that assailed him, and
lie found himself with a diminished patronage
and without a single friend or relation, destined
to be the architect of his own fortune. With
this conviction lie resolved to complete his edu-
cation, which his brief military career had inter-
rupted : at seventeen, he began the study of the
law ; and at- nineteen he was licensed to prac-
tise in North Carolina. Four years afterwards
a spirit of enterprise led him to settle at Nash-
ville, in Tennessee, where he went with Judge
M'Nairy, who was the head of the First Supreme
Court in that territory. Jackson was soon ap-
pointed Attorney-General, and held the office
for several years. When Tennessee became a
State, he was chosen a Member of the Conven-
tion to form the Constitution ; and so greatly
were his abilities and republican zeal prized, that
he was elected the first Representative of Ten-
nessee in Congress. Next year, having attained
the requisite age, he was advanced to be a
Senator of the United States. At this time
there was a struggle between the democratic
party and the then President, Mr. Adams, who,
supported by the Federalist party, was aiming at
the establishment of a mixed government like
that of England. Jackson was disgusted with
the scenes of violence and intrigue he witnessed ;
and at the end of a year, he resigned his seat as
a Senator, and returned to his constituents, who
made him, in acknowledgment of his services,
Judge of the Supreme Court of Tennessee ; he
only sat on the bench, however, for a short time ;
and having thus, before he was 31 years of age,
held four of the highest offices in the gift of his
fellow-citizens, he retired into private life, and
seated himself on a farm on the Cumberland
River, about ten miles from Nashville. When
he was only 29 years old, he was elected by
the people Major-General, to command the
military division of Tennessee, on the admis-
sion of that State into the Union. He had ex-
ecuted all his different trusts with a regular ver-
satility of talent, and went into retirement much
against the desire of his former constituents. In
1812, when the Congress authorised the Pre-
sident to accept the services of 50,000 volun-
teers, Jackson, at the age of 45, called on the
citizens of his division, and 2,500 rushed to
his standard. Their services were accepted, and
Jackson, like Cincinnat us, exchanged the
plough for the sword. He was ordered to New
Orleans ; but after he arrived at Natchez, he was

PRICE 7D.

directed to dismiss his volunteers, nearly 500 miles
from home, and to deliver the public property in
his hands to Gen. Wilkinson. He refused to
obey this order; humanity and justice forbade him.
The year following, he commanded the force
employed to chastise the Creek Indians for a
shocking massacre they committed at Fort
Mimms. By a series of uninterrupted successes
he avenged his country, and saved an extensive
frontierfrom the horrors of Indian outrage.
He entirely subdued the Creeks, and attained a
large cession of territory for his cornitry, but re-
fused a reservation for his own special benefit.
This war, it is stated, was of a desperate and
sanguinary character, but Jackson displayed the
highest degree of all the military virtues, while
he did not forget, when the sword was sheathed,
to shew a magnanimous clemency to the worst
of his enemies. Weatherford, who was a prin-
cipal in the massacre, having voluntarily surren-
dered, was forgiven. Jackson was wounded in
his arm, but nothing prevented him from attend-
ing to his duty, which was exceedingly harassing,
as he had even to quell a mutiny among his own
soldiers. On the close of this war, he was appointed
a MaiarrGenetal itithe army.of the 'United States,
and appointed to the C9mnta4kl ofthe Seventh Mili-
tary Division. He compelled the Governor of Flo-
rida, now belonging to Spain, to do justice, in
his own words, " by carrying his arms where he
could find his enemies." At this time the
United States were involved in a new war with
Great Britain, and the Republic was in a some-
what dangerous situation. The Wellingtonians,
whose services were no longer needed in Europe,
the Bourbons being restored, were dispatched,
as Sir Joseph Yorke then said, amidst the cheers
of the House of Commons, " to overthrow
James Madison." One Military Commander
in New England had concluded a disgraceful
armistice, and another had capitulated to the
British troops, who had established their posts
and " smuggling counters" within the jurisdiction
of Massachusetts. Such was the convulsed and

critical state of the Republic, that Mr. Quincy
Adams, the late President, and 'the American
Minister at Ghent, writing to Mr. Serett, the
Charge d'Affaires at Petersburgh, thus expressed
himself:—

" What can we expect from a weak and pe-
nurious Government—with five frigates fin. a
navy, and scarcely five efficient regiments for an
army—with one half of the country sold to the
enemy by their prejudice or ignorance—but ruin
and disgrace ?"
The biographer thus describes this period ;
alluding to New England, which was suspected
of disaffection :—" Treason gleamed, in blue
light, through the nocturnal air, over the canting
land of steady habits,—nay, the Capitol had
blazed with hostile fire, and the only chief ma-
gistrate of a free people in the world had been
chased from his constitutional seat of power by
an insulting foe. Faction, infatuated faction,
had virtually become the ally of our unprinci-
pled enemy, by attempting to destroy the credit
and to paralyze the energy of our Government—
nay, she had the effrontery to lift her haggard
head in convention, and,commission her emis-
saries to dictate terms of capitulation to the house-
less Administration of the Union. It was in
the thick gloom of such a moment, teeming with
events of a nature to appal the stoutest patriot
heart—when, too, the despatches from our bul-
lied Commissioners at Ghent extinguished the
last hope of peace ; then—then it was that,
amidst the scene of disgrace, treason, faction, and
dismay, the good genius of our country pointed
to Andrew Jackson as the man destined by
Heaven to defend. and avenge her, and to cover
her with imperishable glory."
We give this as a specimen of the spirit in
which this article is written, and of the liberal
disposition of the writer to ascribe as much suc-
cess to his hero as he can do with any semblance
of historical impartiality. The convention to
which he refers was that of the New England
deputies at Hartford, in Massachusetts ; cer-
tainly, it must be admitted, the most daring con-
spiracy that was ever formed in a civilised coun-
try, and one which, in any other country, must
have brought the parties to the scaffold. Gen.
Jackson had a long line of assailable frontier,
and he knew not what point would be attacked.
He conjectured that Louisiana would be selected
for the assault of the invader. He went to New
Orleans in December, 1814, and found that im•
portant post destitute of all adequate means of
defence—of men, arms, and money ; there were
only about seven hundred regular troops, and
the military chest was empty, there not being
actually " funds enough to purchase an express
horse. The Militia and Volunteers were in-
effective for want of arms; and he was a thou-
sand miles from the War Department at Wash-
ington. The supply of arms which Mr. Munroe
ordered from Pittsburgh did not arrive till after
the departure of the enemy, or, so General Jack-
son asserted in his dispatch, "he would have
captured or destroyed the British army." The
people of that region were a heterogeneous mass
of Creoles, Frenchmen, Spaniards, and English-
men, with a recent mixture of native-born Ame-
rican citizens. Jackson felt the difficulty of his
position, mid took vigorous measures accord-
ingly. He awed disaffection and checked de-
spondency. He declared his watchword to be
" victory or death." He told them, " our coun-
try must and shall be delivered. We will enjoy
our liberty or perish in the last ditch." The ap-
proach of the enemy was watched vigilantly ; an
embargo was laid on to prevent perfidious com-
munications, and a military police established to
secure the camp against spies and traitors. Of
his naval armament, one frigate was so unfit for
service that she was blown up on the 13th
December, and the five gun-boats were captured
the day after by the English. On the 16th he
reviewed the militia, and made an address to
them glowing with patriotic fire, and kindling it,
says his biographer, in all who heard him. On
the evening of the 22d, the American scouts re-
ported " all well," but the next morning the Bri-
tish army was within seven miles of New Or-
leans. General Jackson resolved to attack them ;
and when the troops he ordered on this service
were passing through the city, to silence the
shrieking of the affrighted women, he told them
" not to be alarmed,—the enemy should never
reach the city." He attacked the British in
person, after night-fall, and, as the American
writer modestly asserts, " humbled the pride of
the Wellington conquerors, and taught them
to respect the foe they had come instructed to

despise." lire
_goes on sneeringly to state,
that the 4 veteran heroes-,of the Great Lord
were more than double the number of the raw
•and unseasoned troops by whom they were com-
pelled to retreat." This retreat, however, on his
own sheaving, turned out to be on the part of
the Americans, who, after beating the Welling-
ton veterans so easily, thought fit themselves to
retire to an entrenchment behind a deep ditch,
in fortifying which Jackson spent four nights
and five days without sleeping. On the 27th
the English destroyed another of the American
frigates by a battery which they opened on her ;
and on the 28th, Sir Edward Pakenham. ad-
vanced in columns, under a discharge of bombs
and Congreve rockets to storm the American
works. The attack lasted seven hours, and the
British returned to their encampment. Jackson
strengthened his defence with batteries at every
point that commanded the approach, and sluices
were made in front of the American Mean- ,
while the Legislature was considering ,the ques-
tion of capitulating to the invaders; but General
Jackson, by prompt and decisive measures, soon
silenced the debate. On the Ist of January
another attack was unsuccessfully made. The
British army was reinforced by the arrival of
General Lambert, and preparations were seen to
be making for a general attack... To the Ame-
rican army, arrived also a reinforcement in the
Kentucky troops, 2,250 in number ; but with
only 500 armed with muskets. On the Bth the
attack was made. The British batteries poured
forth torrents of bombs and balls against the
American works, and the sky blazed with Con-
greve rockets. The British army advanced in
two divisions in solid column ; they were receiv-
ed with a discharge of musketry and small arms
from the whole line ; and so rapid was the snr-
cession of the firing that no pause- could be per,:
ceived in the continual roar. The English, s'
all know, were defeated after a prodigious slaugh,
ter ; but so glad were the Americans to see them
go, that they did not venture to molest them in
their retreat. Sir E. Pakenham was killed, and
Generals Gibbs and Keane disabled ; the former
dying in a few hours. This is the victory on
which the military glory of General Jackson is
founded. But as it was not light in the field,
and as the victor did not dare to follow the van-
quished, it is a sorry foundation in military fame.
His biographer, however, is never tired of ex-
patiating on this triumph over an " enemy
flushed with his victories over the best troops
of Europe." There can be no doubt at the
same time that hi 3 defence of New Orleans
manifested great skill, energy, and ability, and
entitles General Jackson to the respect of
his countrymen, for a resistance which de.
stroyed the British expedition that was ravaging
the American coast, and led almost -directly to
the peace that followed. The Americans state
the Btitish force engaged at 9,000 veteran;,
and their own to have been only 3,700 raw
troops , and the loss of the British more than
3,000 killed and wounded, and of themselves
seven killed and six wounded ! The watch-
word for the assault is said to have been
" beauty and booty," to stimulate the British
soldiers to the dreadful conflict. But this may
have no other foundation than the dislike the
Americans bear to all the British Commanders

who did mischief to them during the war. The
defeat of the English at New Orleans was the
more important, as it was understood in the
terms of the addresses issued to the people of
that territory, that England meant to keep it as
a conquest. In a Proclamation by Colonel
Nichols, he tells the natives of Louisiana that
the " American usurpation must be abolished."
On the return of peace, in 1815, General Jack-
son disbanded his drafted troops, and was in-
vited to Washington to assist in organising the
peace establishment. The Union was divided
into two military provinces, the North and
South, and Jackson was appointed Commander
of the South province. At a public dinner to
do him honour at Lynchburgh, in Virginia.
Mr. Jefferson greeted him with the toast—
" Honour and gratitude to the man who has
filled the measure of his country's glory."
In 1816, he negotiated several treaties with
the Indians for the entire abandonment of their
claims to lands ceded to the United States. In
1817 he took the field with the Tennessee Vo-

lunteers against the Seminole Indians, to punish
them for depredations and murders in the Re-
publican territory ; and in 1816, he put him-
self at the head of the Georgia Militia, and pur-
sued the enemies of his country even into
Florida, which was then a Spanish colony. He
tried, convicted, and executed Arbuthnot and

Ambrister, two Englishmen, for acting as insti-
gators of the Indians, and furnishing them with
weapons. Much complaint was made by the
English Government of his conduct, in regard
to these two persons, but the President, Mr.
Munroe, and the Congress supported him and
approved of all he had done. The imputation
of hatred against the Indians is refuted by his
biographer in reciting an anecdote of .Jackson's
adoption of a young Indian child, who, having
lost all its relations, was in danger of being
killed. He was appointed in 1821 to carry
into effect the Treaty with Spain for the cession
of Florida ; and the powers given to him were
exactly the same as those exercised by the
Captain-General of Cuba, but he laid them
down as soon as he had discharged his duty,
saying :—" I am clothed with powers which no
one, under a Republic, ought to possess, and
which, I trust, will never again be given to any
man."

In resigning this office he surrendered a sti-
pend equal to the salary of the Vice-President,
and powers incomparably greater in kind than
the Constitutional Powers of the President ;
General Jackson retired, too, at the same time,
from public to private life. He was afterwards
appointed Minister Plenipotentiary to Mexico ;
but though the emoluments of this office were
more than 22,000 dollars, he refused it, because
he would not, by his presence, aid the usurper
Iturbide. He had before declined the War De-
partment in 1817, when offered by Mr. Madison
on forming his cabinet. When Mr. Adams
became President, he was elected senator for
Tennessee, and he had 99 votes from that State
for the Presidency. He again resigred his seat
after one session, when he saw that intrigue, as
he declared, had defeated his election, though
he had a plurality in the votes of the electors.
At the next election for President, he was re-
turned, having an absolute majority, which, by
the Constitution, is necessary for a candidate to
be returned by the electors ; as, if it be otherwise,
the House of Representative chuse the President
out of the three candidates who have the most
votes. What sort of President the General may
make, now he has attained the summit of his
ambitioni we will not predict. He is drawing
on himself some unpopularity by the swseping
proscription of all the friends Of Mr.-Adams
from office ; but he possesses vigour and-`great
talent, and the fashion of the times seen slo'fun
in favour of military Men,

~.,:i

----

greatly favoured by the unwillingness of indi-
viduals to prosecute. In Ireland the country
would have become one great shambles, had not
the business of prosecution been at last con.
signed to a public officer. it•lr. Doherty, Soli-
citor• General, on being examined with resFect
to prosecutions, gives this evidence :
" Have you given your attention, both as a
lawyer, and as you undoubtedly have in your offi-
cial capacity, to the subject of criminal prosecutions
in Ireland ?—Yes ; I have had some experience of
them in boil) capacities.

" Can you inform the Committee upon what
principle cases are selected to be made the subject
of prosecution at the public expense ?—I think that
the Attorney-General, who directs the prosecu-
tions, invariably selects all cases where he conceives
the public peace is affected ; and I think of late
years he has directed a greater number of cases to
be prosecuted than he did formerly. I believe, from
the difficulty of having prosecutions carried on by
individuals in Ireland, he has found the necessity of
the Crown interposing; and he has directed a great
number of prosecutions in cases where it appeared
to him there was a probability of producing con-
victions; and where he thought, if the Crown had
not interfered, there would not be any effective pro-
secution."

_ .
" Do you conceive that many of the cases, in the
carrying on which you have given directions, or in
which you have interfered, could have been prose-
cuted to conviction, had they been left to mere pri-
vate prosecution ?—I cannot conceive that any of
them would have been effectual, if left to mere pri-
vate prosecution ; . . . . and the expense in
some of the latest cases has been so great that no
individual would have undertaken them ; I do not
allude to any political cases. I have immediately
before my recollection some cases of great outrage
acrd murder committed, so far political as this, that
in the south of Ireland it has grown out of the pe-
culiar system of resistance to the landlord, but that
perhaps is to be traced to a very remote period.—
. The practice I believe to be this :—the
Crown Solicitor for the Circuit receives, prior to
the Assizes, a return of all the informations sworn
and lodged in the course of the half year ; they are
laid before the Attorney-General, who reads them;
and any cases which he thinks of magnitude or im-
portance, he directs to be prosecuted by the Crown;
but it is without reference to the solicitation of any
party interested."
Matthew Barrington, Esq. Crown Solicitor
for the Munster Circuit :

" How long have you discharged the duties of
that office ?—About fifteen years.
" Has there been any alteration in the principle
on which the cases are selected for Crown prosecu-
tions of late years ?—Originally they were merely
cases of outrages of an insur►ectionary nature against
the peace of the country, such as White Boy out-
rages; latterly they have been extended to homi-
cides, burglaries, rapes on married women, or by
parties, and offences of that description, in filet,
every serious felony."

• • •
• • • • • •
" What has been the effect of the extension • of the
principle of prosecution to which you refer ?—I
think it has tended very much to preserve the peace
of the country, by having a certainty of prosecution
in cases that would hitherto have gone without pro-
secution. . .

bound to attend and consult with the Crown Soli-
citor, and assist in the detection of offences ?—Yes,
I do.
" Is it not impossible, at the present, that the
Inspector of Police should attend at such assize
town ?—Yes, the duty of Inspector of Police has
nothing to do with the conduct of the business at
the assizes; but if the head of the police was in
each county attending upon the Crown Solicitor, it
would facilitate the bringing to justice criminals in
every county you go through more than at present.
" Would it do so more than securing the persons
of criminals ?—Yes.
In what way ?—We are sometimes obliged to
secure the persons of the prosecutors, and by bring-
ing forward the witnesses to the Crown Solicitor in
every case that he required them.
" Des that refer to the persons of the criminals
or the persons to give evidence ?—The persons to
give evidence.
" If the Crown Solicitor had the means of com-
municating with the intelligent officer at the head of
the police, might he not obtain a knowledge of cor-
roborative circumstances with much more facility
than he now can ?—Most certainly.
" Does the success of a case mainly depend upon
the attainment of that information ?—Certainly.
" Have you had any opportunity of judging of its
advantage in the county of Tipperary, from your
connection with any Police Magistrates ?—The
police are more essentially useful in prosecutions ;
they bring forward the witnesses with a facility
highly becoming as far as they can; but if there was
a person at the head of them to direct the whole of
the county it would be better."
All that is good in the English system is the
publicity of the proceedings, which enables all
present to judge whether the conviction is fair
or unfair. This great advantage of publicity
has done more good in England than the de-
fective part of the procedure in other respects
has done harm. The English owe this great
advantage to the Trial by Jury ; for publicity is
inseparable from Jury bills; and there can be
little doubt that Judges without Juries would
never have thought of allowing publicity, which,
indeed, all Judges, from the highest to the low-
est, dislike as a very inconvenient restraint. But
the English with respect to Juries, are some-
thing like the savage who was cured of an illness
by drinking water from a certain spring, and who,
whenever he had a relapse, went to the same
spring at the same hour, drank out of the same
cup, and in the same position, being uncertain
whether he owed the cure to the water, the time
of day, the cup, or the position in which lie
drank the water. Though without Juries there
would never have been publicity, yet publicity
having once been established, it may exist as
well without as with Juries. We have seen' that
without a public prosecutor, crime would pass
unpunished. One great good of a prosecution
by the Crown is, that witnesses are protected by
removal from the country. But, if without such
protection, witnesses would not come forward,
how are Juries to be protected when they find
verdicts at variance with popular feeling ? On
the subject of witnesses, let us hear Mr. Bar-.
rington :
" Do
you know the number of witnesses from
_ _

. . . .
"Do you think that the principle might be carried the Munster Circuit that have been sent abroad ?
further than it is at present ?—I think every out- I have no idea; but there has scarcely been a vesse
rage, accompanied by force, should be prosecuted by which sailed from Limerick with passengers to Ame-
the Crown ; because otherwise in Ireland they go rice for some years in which a number of persons
without prosecution There was the have not been sent out who could not remain in the
case at Cork, of Charles Deane Oliver, Esq.; he was country. Mr. Voakes has discovered a very bad
a Grand Juror and a Magistrate, and proprietor of murder in Limerick about three weeks ago; it was
the line of coaches from Cork to Limerick; lie was the murder of two keepers of goods distrained upon
robbed; and at the last Summer Assizes he laid the a small farm. The witnesses are obliged to be re-
case before me, and I submitted it before the Coun- moved immediately on giving information; invariably
sel for the Crown, and he thought it a case in which the moment a witness gives any information he is
the Crown ought not to prosecute, as Mr. Oliver obliged to be taken under the protection of Govern-
could afford to do so himself; this gentleman said ment. There was a case tried in Limerick in the
g
the Crown ought to prosecute, and would not Year 1823, for an attack upon Shanaolden Post-
employ Agent or Counsel ; and although the men office; thirteen men were in custody ; the chief wit-
offered, as I was informed, to plead guilty; and one ness was an approver; I had him in my care in the
Crown Office, arid on the day of the trial he was
of them was the person, I believe, who fired at Mr.
Lowe, the Magistrate, they got off in consequence stolen out of the office, and murdered, and we gave
his information in evidence, and the thirteen were
of the case being incomplete; if the Crown had con-
ducted the prosecution, we should have confirmed capitally convicted under an Act of Parliament, by
the evidence of Mr. Oliver. The Jury had some which you can give in evidence the information of
doubt as to his identifying the prisoners, but there a witness, if he is murdered."
was in the case plenty of circumstances that might Whatever provokes retaliation must be inju-
have been proved in corroboration ; the men, I un- rious in a country like Ireland. Sir John
derstood, offered to plead guilty if their lives had Davies tells us that the Jurors who were pre-
been spared, which would have been the case pro- vailed on to convict in the North, in one or two
bably, if the Crown prosecuted. cases, were murdered ; and Juries were intimi-
" Have you observed the effect produced upon dated. In Ireland a stipendiary system, after
the country by cases of outrage remaining without vain attempts to do without it, has been found
prosecution ?-1 he people are disinclined to prose-
cute; the great difficulty is to get witnesses. indispensable—Public Prosecutors have been
" But in the event of no prosecution taking place, fbund indispensable—Local Courts have been
where there has been an outrage against private in- found indispensable. So much for our Judicial
terests committed, what is the effect produced upon Institutions.—lbid.
the country at large.—The case is generally an ac- Now that the evil attachina to Select Vestries
quittal. b
n
" The question supposes no prosecution at all; nominated by themselves, has been so fully ex-
have you known cases in which serious disturbances posed, and the general sense of the inhabitants of
have arisen on the part of the people themselves, parishes so situated has been so strongly and un-
who, though unwilling to prosecute, have endea- • •
equivocally evinced, it is a pity that the whole
voured to revenge the offence ?—lnvariably ; there
matter is not at once taken up by Govern-
was a homicide committed in Limerick, upon one of
the Riskyalla men, and in return there was another ment, as one general question, instead of
homicide on one of the opposite party. leaving individuals in each parish, the trouble,
" Then inasmuch as the non-prosecution of of- the hardship, and expense, of fighting each
fences privately leads to these results, does it not battle inch by inch, as if they were altogether as
tend to perpetuate outrage and increase disturbance much in the wrong, as experience and common
in the country ?—Certainly ; I think the increase of sense prove them to be in the right. Of course
the great disturbances and murders in Limerick, in
821, was the want of prosecutions; there were it ,
suits lawyers and Parliamentary agents to pur-
-1
about thirty murders in that county, antnot a single sue the matter in detail, as every thing that
prosecution, or a single witness, or any mode of dis- brings fees must do ; that St. Paul, Covent-
covering them. garden, should succeed and have its local Bill
" Within what period of time did those murders this year, St. James's the next, Marylebone a
inLimerick take place ?—I cannot recollect the time third, and so on till the whole metropolis has
at this moment. been gone through ; and that, probably, at last
" Was it in the course of one or two years ?-1 at an expence to them all equal to the parochial
should think in three years; there was a Major burdens .in one of them. But why, we ask,
Hare murderid, and a Major Goring; most of them
were bad murders. Ido not include the homicides need this course be pursued ? If the principle
—they are common in all the counties. be a right one (and who can now doubt it ?)
" What prosecutions took place, and what effect that the people should have a voice in
did they produce ?—lt quieted the county ; and in choosing those who are to tax them, why
all those murders there is only one where the mur- is not some general law passed at once "to
derershavenot been prosecuted, and thoseprosecutions regulate the appointment of Select Vestries ?
have been since M. Voakes has been appointed a Sti- Though we are sorry to appear to deviate from
pcndiary Magistrate. a principle, and that one which we ourselves have
Were you concerned in those cases ?—Yes. d
a vocated, yet we are not prepared to say that
"Do you conceive those cases could have been
universal suffrage is essential in parochial, any
prosecuted to conviction had they been left in the i
more than in national representation. At least,
bands of private individuals P—No, not one of them. I
" Why do you think so?—There would have, we should be quite contented to see the former
been either no prosecution or no preparation for the i in the hands of those who are likely to know and
trial, and no opportunity of conferring with the care about it. If we are asked to chalk out a
Law Officers of the Crown, and corroborating the i system for the parochial government of London
informers; almost all of them were supported by I parishes, it should be something like this; that
approvers, and they require confirmation. I a Select Vestry proportioned in number by the
" Has not the timidity of individuals to come for- ulation and rental of each parish, should be
ward had something to do with it ?—Yes, there was
elected by theinhabitants rated at 401. or 50/.
such a terror in the country; I do not recollect an
instance of a private prosecution in a serious out-
a-year and upwards. That one-fourth of these
rage, or except in a case arising out of the forgery should go out annually, and not be re-eligible
of a bond, or something that is personal; I have that year. That the office
.of Overseers of the
known of no prosecution for serious offences, unless Poor be abolished, and the whole parochial ex-
tile Crown took them up, or an ineffectual one, as penditure for church, poor, watching. cleansing,
the case of Mr. Oliver, Ido not allude to common lighting, &c. be placed in the hands of the Ves-
lareenie, such as pig-stealing, and so forth; but I try
include every felony with force." so chosen, with liberty to them to appoint a
sufficient number of competentpersons under
ster r
Mr. Kemmis, Crown Solicitor for the Lein- ' to see to the detail. That their
ster Circuit, gives nearly the same evidence. He
them
states that he has been prosecuting for these accounts be passed quarterly before Magis-
thirty years ; that private individuals are reluc- i testes, and then printed for the information
taut: to prosecute ; that 4, they will not go to the of the parish at large—a copy of such
expellee in the first- place ;" and that they can- quarterly accounts being sent to each person's
not protect witnesses as the CrOwn can. i house paying scot and lot. We do not know
" Do you conceive that the Police, as connected '
1 that much more than this would be wanting.
prosecutions of Ireland, might be 1 We objected that, under such a
with the public prose have heard it
made more efficient if, in the place of the Inspector ', mode of election, and subsequent surveillance,
of each province, there was one for each Circuit, people of respectability would not be found to

serve. If by persons of respectability are meant
high, purse-proud, indolent, self-sufficient people,
we should say that their absence would be no
loss. We do not believe that the greatest names
are those that have done the most good in the
present Vestries. On the contrary, their names
have often been held up as shields to abuses, in
which, though they may not have actively par-
taken, their absence, their silence, their inacti-
vity, and habit of taking things upon trust, have
given a mischievous sanction. The best and
most useful persons for all the common duties
of life are to be found in the middle classes. We
do not say that there are not excellent people in
the other two ; but for many offices (and, among
others, those we are alluding to), such persons
are generally either too high or too low. Paro-
chial concerns want honest men of business—
men who are not above entering into minute
details, and who understand them when they do.
We would make, therefore, the scale of eligi-
bility the same as that of the electors. Above
all, we think that the system in parishes should
be uniform ; and not, as now, the law which go-
verns one side of a street the reverse of that
which regulates the other.—Morning Herald.
There is a certain description of offences, we
mean acts of violence and indelicacy towards
females, towards which a strorz abhorrence is
naturally felt in every gallant and manly breast.
But in proportion as any subject is calculated to
rouse the passions, in the same degree discretion
is put off its guard, and the calm consideration
which is given to other subjects is overlooked or
entirely lost sight of. There is no duty more
incumbent upon persons engaged in the admi-
nistration of justice, than to be incessantly on
their guard against being influenced or run away
with by their feelings. We do not say, for in-
stance, that Magistrates should not be men of
humanity ; but that if either 'Magistrates, Jury-
men, or Judges suffer themselves to be swayed
by resentment against the offence, there is an
end of any thing like cool and temperate judg-
ment, or, we had almost said, the chance of ob-
taining justice at their hands. It is impossible
to mix in the world and not to know that
charges such as we allude to are more easily made
and more difficult to repel than any others ;
which two facts alone ought to be induce-
ments enough with all parties, but more
especially with Magistrates, to use due caution
in the first entertaining them. A case of this
sort has occurred lately which strongly illus-
trates this position. A person, it seems, was
committed for trial to the last Old Bailey Ses-
sions for an alleged capital offence of this na-
ture ; and, after lying some time in Newgate (no
very desirable place, we should suppose, for an
innocent man), no prosecutrix appears, and he
is set at liberty. Upon this he applies to the
Magistrates who committed him, for redress,
who, very coolly, and perhaps unavoidably, tell
hint that they can afford him none, but advise
him to apply to an attorney. This, he tells them,
he has already done ; but that the lawyer had
told him that unless he was prepared to spend
at least 1001. he could not even set about getting
him redress ; which, after all, would be de-
pendent upon " the glorious uncertainty."
Thus, there is a man, upon the oath of a
common prostitute, doomed to misery, dis-
grace, and ruin, while those who, as the result
turns out, must have lent a too credulous ear to
the lying tale of a strumpet, wrap themselves up
in their judicial indemnity, and refer him to a
remedy which is in itself mere moonshine. But
surely Magistrates, who have the power to bind
over parties to prosecute, must, or ought to
have, some power to compel the conditions of
their own recognizance. It is monstrous to sup-
pose that this apparently solemn obligation con-
sists of a few words gal.bled over, which the
party entering into the obligation can disregard
at his or her will and pleasure ; and that people
need only be hardy enough to swear any thing,
in the first instance, either to succeed in extort-
ing money, or else consigning their victims to a
fate more horrid than one can well imagine can
await any innocent man where the law is Justly
and discreetly executed. Surely the making a
false charge is, or ought to be, as serious an of-
fence as that which the charge which it amounts
to would be if true ; and the boasted perfection
of our law must be a strange anomaly if the
same fate and the same remedy does not await
the false accuser as would follow the establish-
ment of the truth. In ages and in countries of
less refinement, this, we know, was the rule;
and might, we should think, be adopted, in its
spirit at least, without any derogation to our
boasted jurisprudence.—/bid.

GREENWICH PETTY SESSIONS.

EXTRAORDINARY CREDULITY.

Yesterday the Bench of Magistrates for the county
of Kent assembled in Petty Session, at the Grey-
hound Inn, Greenwich. RICHARD SMITH, Esq.,
was Chairman; and others of the local Magistrates
attended. Towards the close of the business of the
day, an inquiry took place, the details of which are,
perhaps, so singular and extraordinary, that it is
impossible to equal them.
A young man named Joseph Thornton, of re-
spectable appearance, was charged with detaining a
miniature fraudulently, the property of another young
man, named Joseph Dale.
The complainant, a very respectable youth, en-
tered at great length into a narrative of the hoax
practised upon him by the defendant. He said
that about a twelvemonth since he received a note
written in a female hand, and signed E. 8., profess-
ing the most ardent sentiments of attachment to-
wards him. He was then intimate with the de-
fendant, to whom he mentioned the circumstance,
aad the place named for a meeting. The defendant
exclaimed, " God bless me, I know the family well;
I'm going to tea with them, and I'll manage it."
He confided in the defendant, who, from time to

time, handed him letters from the, young lady, all
expressive of an ardent attachment to him, but re-
gretting the utter impracticability of her meeting.
He was fully possessed with the truth of the letters,
and the defendant repeatedly took him to Dart-
mouth-terrace, Lewisham, and pointed out the house
where the young lady lived, directing him to walk
past, in order that she might " delight her eyes
with his presence." He often sought an interview
with her, but such was the strict surveillance of her
parents, he never succeeded. Months passed away
in this manner, during which the defendant gave him
nearly one hundred letters. Of course, in return for
this kindness, he was obliged to feed the defendant,
and supplied him with clothes, money, &c. About
April last the defendant said the young lady was
anxious to receive his portrait, and handed him:her's,
painted on ivory, and richly bound in a morocco case.
The complainant had then somewhat sickened of
making love by deputy to a girl whom he had never
seen; but this revived his hopes, and he was some-
what shocked at learning from the defendant that
the young lady was so distracted at his seeming ne-
glect, that she had swallowed laudanum, and nearly
succeeded in suicide. In support of this he handed
him the following documents :

earstyfollows :
" April 2d, 1829.
executed
My dear Friend,—To your care I commit what I
wish
which
I am possessed of,
" to Joseph Dale, of the parish of Greenwich, iu the
I bheo dpoenyeo a
you will see the
ce purtoedp

county of Kent, bequeath all my premises and cash, mount-
ing to 4,0001. To his brother, James Dale, the sum of
4001., which he will receive when he pleags, upon ap-
plying at Barclay's banking-house, Lombard-street. The
last of my property, with the exception of what is men-
tioned in the enclosed, I leave to my mother, Mrs.
Patrick Elliot. This I solemly conjure you to see clone as
you value your future happiness.
" Witness my hand, sign-d and sealed,
" EMMA ELIZABETH RAINS."

This was written on black-edged paper, and
sealed with a black seal, directed to " Mr. Joseph
Thornton (the defend int),Greenwich."

The enclosure was as iollows:

"I, to Joseph Thornton bequeath, on the death of my
aunt, Mary Ann Bain=, the whole of my property in
Kenning, in the county of Kent. Dated this 2(1 day of
April, 1829. " E. E. BAINS."

The narrator stated that the above was the de-
fendant's bonus for his interference. Fully im-
pressed with the idea that all was right, he renewed
the correspondence, and was happy to learn that
she was recovering from the attempt at suicide by
poison. He admitted he became more enamoured
every day of the young lady, as her portrait dis-
played a most fascinating and charming countenance,
and he determined upon sending, as " his adored"
requested, his portrait. The defendant recommended
him to a celebrated miniature painter in Cheapside,
and he repaired thither and had his likeness
" miniatured" for five guineas. This he delivered
to the defendant to give the young lady in return
for her's, and very soon after received the following
letter from the -defendant. It was written in a
small hand, and was as follows :
" My Dearly Beloved Boy,

" How can I sufficiently express my gratitude to you
for your kind present. Oh, my dear Joe, you cannot
imagine what my emotions were on beholding your much
loved miniature. Ten thousand kisses were imprinted on
it ere I retired for the night. It is a very striking like-
ness; but the original, to my thinking, is better looking.
He should have given you rather more of the smile, or else
my dearest love was in one of his ill-humours, and would
not look pleasing ; but joking aside, I really think he has
done you justice. It is, it is, oh it is like my own dear Joey.
(Signed) " E. E. BAINS."
The auditory, as well as the Magistrates, burst
into an immoderate fit of laughter during the read-
ing of the letter.
Dale proceeded to read other letters from the
young lady, breathing deep affection, love, and an
anxiety to be united, but deferring a meeting upon
divers pretexts—until at length he determined upon
breaking off the matter unless she met him. The
defendant agreed to let her know this determination,
and said he went to Dartmouth-terrace for that pur-
pose, and her answer was, that she would meet
" her Joe " at Astley's Theatre upon a certain
night. Upon that evening himself, his friends, and
the defendant, went to the pit of that theatre, and
the defendant pointed out an elegantly dressed female
in the dress circle as the young lady. He looked,
he stared, and did all he could to attract her notice,
but the young lady sheaved no appearance of recog-
nition, and seemed offended at his looking at her.
The defendant accounted for this by saying the
young lady had her family with her, and was afraid
to recognise or notice her lover. (The auditory again
burst in a peal of laughter.) He doubted not all
was right, and numbers of letters passed as usual
through the defendant, one of which contained a sort
of will written upon parchment, as follows :

" Let this be a sufficient certification that I, Emma
Elizabeth Bains, of the parish of Greenwich, in the county
of Kent, wrote this in sound mind and good judgment.
" On the death of my father, Edward Alfred Bains, of
Homerton, I was left in the possession of 4,000/. and sun-
dry legacies, which have frotn that time, May 14th, 1814,
been and are at present in the tank of England.
" The whole of which it is my intention and wish to
transfer to Mr. Joseph Dale, of Greenwich, in the county
of Kent, and that I do not wish to retract from this, let
my signature be sufficient attestation, and likewise upon
his signing this, it will invest him with sufficient power
to act as he thinks proper with the money, which will be-
long to him and his heirs for ever. —So help me God.
" Signed by me, this 20th day of July, 1829.
E. E. BAINS.

" Witnesses or Witness, Joseph Dale.
" To the Governor and Directors of
the Bank of England."
The auditory again indulged in a burst of mirth.
F The above was accompanied by the following letter :
" To Mr. Hilton, Barrister, Temple.
" Honoured Sir,—ln compliance with your request,
Mr. Dale will bring this to your Chambers, which I hope
will be sufficient without my attendance, as you were
pleased to observe, that we might possibly be known or
observed were we to come together. The sooner all is
settled will be the best ; so if it can be done to day it will
lie my wish. Mr. Dale will see me on his return. You
can read this document and affidavit to him, and I
think he will not disapprove of them. If you have any
message please to scud it by him.
" With sincere respect,
(Signed) " EMMA BAINS."
Dale continued.—He went to the Temple, and
after snaking minute inquiries, could not make on t
any Barrister who knew any thing of the matter of
Miss Baines or her property. He returned to
Greenwich very much disappointed, and again saw
the defendant, who told him a lung story about the
young lady wishing him to accept a gold watch and
• seals, a cheque for 50!., and another miniature of
herself, set in brilliants, which, lie said, were to
be given to him on last Sunday. He told the de-
fendant, that by the advice of his friends, he was
determined to seek the young lady personally. The
defendant remonstrated, and said it would be very
improper, as it was against her wish. He was,
nevertheless, resolved, but yielded to the defend-
ant's persuasion to wait until Sunday. That day
arrived, and he went towards Dartmouth-terrace,
where he met the defendant, who said, ah, my boy,
it's all right—here's another letter. I have got
the things. They went to a public-house, and the
defendant insisted upon being treated with a good
dinner and grog before he produced the presents.
While the defendant was dining he read the letter,
which was addressed "To one, in whose power
it is alone to make me happy." And when his
attention was closely occupied reading the vows it
contained, the defendant suddenly jumped out, of
the window and ran away. He pursued, and over-
taking him, demanded the lady's present. The de-
fendant said he could not give it then, he must have
some more ale. He shook him by the collar, and
swore he would thresh him if he did not give up
-the things. The defendant dropped upon his knees,
and, producing a pincushion, an old snuff-box, and
two copper seals, said these are the things. This so
exasperated me, said Dale, that I knocked him down
and asked for the real things. The defendant then
said, don't beat me and I'll confess—its all a hoax,
there is no such lady; I caret tell how I came to
do it, or carry it on, but it is all a hoax from begin-
ning to end. I was so astonished, continued Dale,
that I could not move, and thought it all a dream.
I rolled him in the mud, and gave him into the charge
of a constable for keeping my miniature.
Dale narrated this extraordinary statement with
great composure and good humour, frequently joining
in the laugh it excited, and often declaring he did not
know how he could have been duped so foolishly.
The CHAIRMAN asked the defendant how he could
have dared so wantonly to sport with the feelings of
any man ? Defendant--I am sorry for it, Sir, I
can't tell myself how I could have done it. It was
very wrong I know. I will return the miniature,
and make a public apology to Dale and his family,
whose feelings I have so much hurt.
(The miniature was here given to Dale.)
The CHAIRMAN severely reprimanded Thornton
for his unfeeling conduct. Pie saidjokes were com-
mon amongst young men, but they were generally
harmless and without any intention to hurt the feel-
ings of each other. It was fortunate for the de-
fendant that Dale had not given him money for his
pretended agency, because he then would have
rendered himself liable to prosecution. 'The will
was very near a forgery, and he was rather lucky in
escaping being sent to Maidstone for trial. As it
was he must be discharged.
Thornton repeated his willingness to make a
public apology and was then liberated.

The extraordinary affair above detailed has pro-
duced amongst the inhabitants of Greenwich a de-

dree of more than ordinary excitement, and is likely
again to become the subject of magisterial investi-
gation. The hoaxer, Thornton, is a very young
man ; and after the investigation before the Magis-
trate on Tuesday, presented himself in the streets, as
if well pleased with the manoeuvre by which he has
humbugged a very decent young townsman. Some
of the young men of Greenwich who felt incensed
at the cruelty of the joke, overhauled Mr. Thornton
in his evening's walk, and in addition to a beating,
took the liberty of tossing him in a blanket, for which
assault he is about to obtain redress in the common
legal way.
Inquiries have been made, and the deception
practised upon young Dale has been fully developed.
All the letters written by Dale in reply to those he
received from his fair betrothed in miniature, have
been found i.t Thornton's possession. The pOrtrait is
supposed to be one he purchased at the sale of an
artist's stock, at Greenwich, some few weeks since.
It is one of a beautiful girl, with long ringlets of au-
burn hair, and upon inquiry at the house on Dart-
mouth-terrace, where he said the intended bride
lived, no such person was ever known to have re-
sided there, and Thornton was only known there as
a " cousin"—a " country cousin"—of the servant
maid, who, upon the whole thing being explained to
her, said she would have nothing to do with the
willin not no more.

in bringing this action is a most praiseworthy object,
He has no wish to make a personal attack eithei
upon Mr. Hillcoat or upon Mr. Roberts : he intends
nothing personal against any individual, or against
any body of indwiduals ; but his object is to vintlio
cave the authority of the Legislature. As regards
the case before you, there will be no tints-don, I
believe, as to Mr. Hil!coat holding both these offices,
becati,e the books will be produced, and they win,
-how that he has held them both concurrently.--
The only question between me and my Learned
Friends on the other side, will, I apprehend, be •
this,—" whether the office of treasurer is an office of
profit ?"
Evidence was then entered into at some length,
which bore out the Learned Counsel's statements...
The question turned chiefly upon the point, whether
the office of treasurer was art office of profit whicht
after a lengthened trial, the Jury decided that it wa's
and found accordingly for the plaintiff, a verdict..
of 100/.

NORFOLK CIRCUIT.—BUCKINGHAM, JtsLi 26'w : :
. Yesterday the business of the Norfolk citcni6 '. i
commenced ; Mr. Baron GARROW and Mr. Justieo ..
JAMES PARKE, the Judges of Assize,. arriving at !%
this town in the evening, when the comm)l4ion W
opened with the ancient arid accustomed honeurvose I
ceremonies. This morning, after attending dilinc.,, I
service, their Lordships proceeded to the despatch ' I
of business, the Learned Baron presiding in the :
Crown Court, and Mr. Justice Parke in the Civil' 4
In the former the calendar is extremely light, owing' 'll
however, rather to the fact of the Quarter Sessions
having recently delivered the gaol, than to the din+ P
notion of crime, or the amelioration of the conditioo ",1!
of the labouring population of the county. In the 41
LVIBi Prim, Court there are more than the average .;
number of causes, of which the following octirpied
the Court the whole of the day:— I

The
.family of the Dales are respectable; the
father was the proprietor during his lifetime of the
Deptford coaches, and his sons, George, James, and
Joseph are pursuing the occupation of coachmen
with much credit.

Thornton was brought up to the busine's of a
painter and glazier, and served his time in Nicholas-
lane, Lombard-street; he then sought the stage, and
became an ardent aspirant in the histrioaic art, but
never, like many otheis so infatuated, made any pro-
gress. His father forsook him at the time he com-
menced his infamous hoax, since which he has been
clothed and fed by his unsuspecting victim, Dale.

EAGER V. DYOTT, ALIAS THOMPSON.
Mr. GUNNING opened the pleadings. The dela',
ration stated that the defendant, on the 19th day 0
May, in this year, broke and entered the dwelling'
house of the plaintiff, situate at Langley-marsh, tD
this county, expelled him from the occupation ao
enjoyment of it, and seized and took divers good'
and chattels, his property. Tie .Jury found for the
defendant.

LAW INTELLIGENCE.

ROLLS COURT, JULY 29.
HALL V. THE ATTORNEY-GENERAL.

In this case a testator had devised certain real
estates, for a period of 21 years, in trust for the be-
nefit of such of his poor relations as might appear to
the trustees named in the will most deserving.
The present suit was instituted by the next of
kin, who was also heir-at-law, to set aside the be-
quest on the ground of its being a charitable bequest
of real property, and void under the statute of mort-
main.

THE MARKETS.

COAL MAII
RUlll'lOl-1 t op". -414 9(1.
130rdt.n
tlelikan Main 27 6
Holywell„ - 26 0
Killingworth 27 6
Maim— 24 3
Ord's Itedhugh 24 0
Peiaw . 27 0
Shipcote. 24 6
Canfield ---.. 29 6
Tanfield 2S 0
Townley-- 26 9
Ws Inn

The MASTER of the ROLLS was of opinion, that
this was in the nature of a charitable bequest, and
his decision must, therefore, be for the plaintiff.
Monday next is fixed as the last day of his Ho-
nour's sittings.

Co. 28 0
&Co. 29 6
27 3
:I Co. 25
:0. 26 0
--.. 25 6
26 0
t B—Ships

COURT OF KING'S BENCH, JULY 29.

HUNT AND ANOTHER V. MORTIMER AND OTHERSs

This was an action by the assignees of Messrs.
'illiam and Thomas Gilbert, bankrupts, for money
had and received by the defendants for the use of the
plaintiffs. Mr. F. POLLOCK stated that the bank-
rupts, Messrs. Gilbert, had carried on the business
of opticians and mathematical-instrument-makers in
Leadenhall-street. The defendants were iron-
mongers in Bu-h-lane, Cannon-street, and the action
was brought to recover a sum. of 2,9251., paid to
them by the Messrs. Gilberts after the latter had
committed acts of bankruptcy.
The Jury found for the defendants.

Walls Eud Bell any
Walls End Hew iek
Walls End Brown's
Walls End Carr and
Ditto Clarke and Ci
Ditto Cramlington.
Ditto Jidda —...
Ships at market

C ?UNTRY CUR

ET.—July 29
Walls r:nd Newmarch. 28.9(1.,
Ditto Heaton. 29
Ditto Northumberland 27 "
Ditto Perkins and C 0... 27 "
Ditto Rid& 11's 29
Ditto Russell's 29 *"
I)itto Walker 29 „v
Lambton's Primrose «, 28
Neshani Main. 27
Russell's 23 a
Wall. End Hetton Y,
Walls End Lyons--,.. 28
Walls End Stewart's 30 v
Russell's Hetton's W.E. 30 3
Hartley 23 -
siik,tone Field and Co. 27 n"
Taofield Trader 29
Lainbton small
Londonderry small—. 19 6v
Russell's small 18
sold, 48y,—Unsold, 39%'

IN MARKETS DURING THE

wf E 4'

Wheat. I Barley,

Per Quarter.
Abingdon
Andover
Birmingham
Bridport .
Cirencester
Faringdott
Guildford .
Hereford
1-lighworth
Maidenhead —.
Oakinghain
Beading
Sail hurt'.
Southampton —..
Stroud
Tewkesbury
Uxbridge
Wantage ~MP./ M 1.,.
Warminster
Windsorw.

Oats.

1 i_,.,!...,...
_ ..

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.-NORTHAMPTON, JULY 28.

The business of the Ass'zes for this county com-
menced this morning, at nine o'clock, the commis-
sion having been opened by the LORD CHIEF• BARON
yesterday afternoon.
John Webb and Henry Sharp were indicted for
stealing a lamb from a close in the parish of Dud-
ford, in this county, the property of Richard Hewitt.
The prisoners were acquitted.
William Tapp was indicted for a burglary in the
house of Mary Owen, and stealing therein a quantity
of bacon, the property of John Clarke Roper, on the
night of the Ist of May last.
Verdict—" Guilty." Sentence of death recorded

John Williams, alias Robert Mather, pleaded
guilty to an indictment ‘vbich charged him with re-
turning from transportation before the expiration of
his sentence. Sentence of death was recorded
against him.

OXFORD CIRCUIT.—ABINGDON, JULY 28.
DELANE V. HILLCOAT.
Mr. TAUNTON addressed the Jury. This, gen-
tlemen, is an action of considerable importance to
the public. It is brought by Mr. Delane against
Mr. Hillcoat for filling, at the same time, two situa-
tions which the legislature, for very salutary pur-
poses, has deemed inconsistent with each other, and
declared that any person who holds such situations
shall be subject to be sued for a penalty of 1001.
These two situations which Mr. Hillcoat has filled,
are the offices of trustee of a certain turnpike-road,
and of treasurer of the same road. This road is
called the Wokingham and Bracknell turnpike-
road, and is one of the roads, I believe, which go
through Windsor Forest. Now the Act of Parlia-
ment which I have mentioned as enacting this pe-
nalty, is one of the last general statutes on the sub-
ject of turnpike-roads, having been passed in the
third year of his present Majesty. Previous to
1822 a gentleman connected with the legal profes-
sion, to whose great respectability all who hear me
and know him will, I am sure, bear ready testimony,
—I mean Mr. Roberts, of Wokingham,—held the
two situations of clerk to the trustees and treasurer
of the roads. In 1822 there came an act, by which
it was provided that no person should hold these
two situations together. Now the treasurer, you
know, keeps the money, and for that reason, and
for that only, it is an office very much coveted.
The clerk keeps the books, attends the meetings of
trustees, gives them legal advice and directions, and
therefore the legislature said that no one person
should hold the two offices. Mr. Roberts had an
affection for both those offices, and was disinclined to
part with either ; but it was necessary that, at least
in appearance, he should give up one, or subject him-
self to the penalty mentioned in the act. Well, to attain
the object Mr. Roberts had in view, he resigned the
office of treasurer, and Mr. Hillcoat was elected in his
stead; But though Mr. Hillcoat was appointed
treasurer, yet Mr. Roberts continued to act as trea-
surer just as before; the money was paid into the
hands of Mr. Roberts as before; the disbursements
were made by Mr. Roberts as before; and, with the
exception of the change in the name, there was no
difference in the execution of the office of treasurer
before 1822 and after 1822. Before 1822 Mr. Ro-
berts was, in name and in effect, the treasurer. After
1822, he continued to be the treasurer in effect,
though not in name. Now the Act of Parliament
declares.that no trustee,—and Mr. Hillcoat is a trus-
tee, and an acting trustee too,—that no trustee of
any turnpike-roads shall, from and after this Act
shall be in force, enjoy any office or place of profit
under any Act of Parliament, in execution of which
he shall have been appointed, or shall act as trustee
or commissioner, and so forth. The Act goes cos to
say, that if any person, after being duly elected or ap-
pointed a trustee or commissioner of any turnpike-
road, shall, without having first duly resigned such
office at some meeting of the trustees of the road for
which he shall have been elected or appointed, hold
any sach office or place, every trustee or commis-
sioner so offending shall for every such offence forfeit
and pay the sum of 1001. to any person or persons
who shall sue for the same, and shall, from and after
the conviction of any such offence, be incapable of
acting as trustee or commissioner of any turnpike
roads. Such being the intention of the Legislature,
it is to repress a practice which violates that inten-
tion, that this action is brought into Court. And
give me leave to say, that the object of the plaintiff i

S. to S.
58 82
58 80
72 82
56 '7
5t '7O
5t 86
48 7
51 83
6t 84
62 80
65 84
56 76
66 84
58 '7B
54 '7B
66 80
65 87
48 8t
50 79
50 80
56 76
72 80

s. to 6.
32 38
29 36
32 36
32 30
33 36
36 4)
39 36
30 35
38 45
32 42
24 33
30 36
39 37
34 33
37 40
34 38
40 42
33 36
30 37
32 36
32 36
36 40

S. to S.
21 32
22 29
24 36
26 34
24 2t
26 38
24 33
20 30
36 40
28 34
22 30
18 32
24 34
24 35
28 32
22 32
30 38
23 31
22 SO
24 35
30
24 32

- 5- 6
- 51
-

-
-

HULL MARKET.--July 28. the
With the exception of Friday night and Saturdar,",,"
weather in this neighbourhood has been uncommonly
since the date of our last circular, and having again a le%
slender attendance of buyers, the market to-day has b°*-t
very dull, and the trifling business transacting in Whie,l;ii,
has been wholly confined to the best samples of Eng:.,
and foreign, on which a reduction of ls. to 2s, per q 0,11.,
ter has been submitted ; any parcels below this are
gether neglected to-day. We have several vessels in fr°b,
Archangel with Oats, the quality of which is good, sveigog
ing from 37 to 381 b. per bushel—they are generally el or
to bond—for these, or any other description, either free,
under lock, we have no inquiry, and consider prices e(.)
10
minal. In Birley nothing doing. Beans participate 9,
the general dullness, and are in very limited reque4 .
late prices. A sample of New Rapeseed was offering
261. per last, the quality fine. Linseed support is,
prices. The duty of 13s. Bd. was paid last week of
14,226 quarters of Wheat in this port, 4,033 quarters
which was from ship.
;11, 6311'
Wheat, Old —s. —s. —s. Now
Foreign —s. 60s. 655. ...... In bond... 00,
Oats, Poland —s. 20s. 245. Old —s
• SR" •
Small or Feed.... —s. 12s. 18s.
Foreign —s. 225. 210.
Barley, Norf. & Suf —s 265. 28s. Linc. & Wold 280. go.
Foreign • —s. 30'• sgs
Beans 31s. 365. 335. Foreign —s. 9is•
31°'

Pease, Wh ito —s 3tis. 40s.
Tares —s 348. Sis.
Rapeseed, in bond none.

Grey -
Foreign
Free, per last —l.

DUMFRIES MARKETS.--July 22. o.4'
s. el. s. d. s.d. 0 9
Wheat, Imp. Bush 8 9 to 9 2 Butter, leoz. ............ 0 8,,t°0 2
Barley 4 0 4 3 Eggs, dozen ............. 0 u 0 "
Oats 29 32 Beef, per lb.
Flour, 141 b.
Oatmeal 2 4 2 6 Veal @ 3 0 9
Potatoes, cwt..... ..... .1 6 1 8 Quartern Loaf 0 8 asy
Ciormr.—The number of Cattle on the Sands t 0" 0f
was 949. We seldom or ever remember to have seeoio
market in so heartless a condition ; before any bn0
osti
could be transacted, a farther reduction of 105. pet
_..tet
was submitted to, and at least one-third left the 01"
unsold.
_.....%

On the inst. at Stain.
Hooper, Esq. of a daughter.
On the 26th inst. at Lathum House, Lancashire'
lady of the Hon. E. G. Stanley, M.P. of a sun, Wh°
vived only till the next day.
On the 17th inst. at Hillhousefield-house, near 01i11;
burgh, the lady of Alexander Boyd, Esq. W. S., °`

BIRTHS.
Sr iford-hill, th

of //' 0'

29th '

daugOnh ter.
the 28th inst. at Ramsgate, the lady of J. ge-
ofio
Wheatley, Esq. of a dauehter.
On the 29th inst. at Lieut.-General Sir John
lend's, St. James's Park, Mrs. H. Pester, of a-claugh"'.
MARRIED.
On the 28th inst. Wm. Henry Merle, Esq.
so
Of .1
Jol,o

street, Westminster, to Mary, the only daughter of
Norman, Esq. of Iwood-house, Somerset. tale°,
On the 28th inst. at St. Pancras, Philip I"
French, Esq. to Henrietta Dodson, youngest daugbte
the late J. Dodson, Esq. of his Majesty's Custono...„ lox
On the 28th inst. at Brighton, the Rev. John ilecd,
Minister of St. John's, Fulham, to Susannah Ciuvir
only child of the late Rev. W. Peat.

On the 27th inst. the Rev. Wm. Parker
Sibston, Leicestershire, to Elizabeth, youngest danthtef
'
_
of Joseph Erpe, Esq. of Twyct oss. iv Llke*
On the 28th inst. at Steyning, Su4sex, John "od
Esq. of Crow Nest, Halifax, to Frances Esther, l'ec
daughter of the Rev. J. Penfold. rtnhe'ri
On the 16th inst.• at Alorville, county of Salop, •-- s'f
Throckmorton, Esq. of Buckland, Berke, nephew of 'I
C. Throckmorton, Bart. to Miss Acton, only daughter
the late Sir J. Acton, Bart. and sister of Sir F. R. MO
Bart. of Aldenham Park, Berks. .

DIED.
On the 29th inst. at his brother's house, Nevf Gr°Yeil
Mile-end, S. F. Smiles, Esq. of Broad-street, 114teli
aged 43.
On the 14th inst. Elizabeth, wife of G. CitnynghOe'
Esq. of Mount Kennedy, in Ireland.
rfl
On the 27th inst. at Brighton, John Burrup, Esq.
his 69th
• year.
At Funtington, Stez, on the 9th inst. aged 67, MO;
m
Douglas, wife of Slwlto Douglas, Esq. late Consul.
Tangier.
On the 2441 i inst. Mary, the beloved wife of Mr.
Crowdy, of Leather-lane, Holborn.
On the 26th inst. aged 72, Mrs. Charity sh
Ky,
of AG nv
wide
ysh, Esq. late of the Royal lalids.
Charles
Gore Lefebvre, Esq. at Lau3ftl:Ltge_,.d 82'
MURDO YOUNG, AL
PRINTEDD and PUBLISHED by
Omcz, 112, RED, LONDON.

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