Star.
London, England, 1805-08-22 00:00:00

et PARTE Ivnrem.

The petitioner is the affignee under a conlinillion
of bankrupt, awarded againtt a perfon of the name
of Eurwood, and the petition prayed, that a claim
for 30c1. made on the bankrupt's elate, by Chriflo-
pher Gardner, thould be tipcnged on the bead of
Ufury.
The Asrotate Gestettit. and tin COOK Hated
the petitioner's cafe, as ippeating on the face of the
affidavits of the creditor himfelf, and of Mr. M2fon,
an attorney. The bankrupt having occafion for a
loan of 3001. applied to a perfun of the name of Corn,
who being himfelf unable to advance the money, re-
commended him to Mr. Gardner. He, at an old
acquaintance of the bankrupt, eipreffed his readi•
nets to ferve him, but objeEled, that not having fuch
a fum at his command, in calk, he would be obliged
to fell out Rock, and therefote flipulated, that the
bankrupt Ihould enter into a bond; to replace fo
much flock at the diflance of three years; being the
period rot which the money was required to be lent;
Ind Mould, in the mean times pay the half yearly
dividends on that fum accordingly. In confequence
of this underltanding, a bond was drawn np by. Mr.
Mafon, on the employment of the bankrupt, after
previous confultation with Mr. Gardner, by which
the bankrupt, on the narrative that Mr. Gardner
had fold out Rock, obliged himfelf, at the difisnce
of three years] to replace 6501. Three per Cents. in
the name of Mr. Gardner, and in the mean time to
pay the dividends on that fum, as they ftll due.—
This, the learned Counfcl contended, was clearly an
ufu riot] s tranfaElion,inafinuch as the lender t.fthe money
pulated for interett to the amount of upwardsof 191.
intlead of rsl. which was the legal intereil of the fum
advanced by him to the bankrupt. Even had he
fold out flock to the whole extent of the advance, it
could not have amounted to any thing like the fum
Ripulated in the bond, Stocks being then at 5S.—
The fad, however, as admitted by Mr. Gardner him-
felf, was that he fold nut only to the amount of 4001.
Rock, which produced 2;21. and for the remainder
751. advanced by him in call', he had taken the
bond for the additional zsol. Rock, which would
have been the value of 781. not as Stocks then
(WA, at 55, but had they been In low as 30. It
was indeed Rated by Mr. Gardner, in his affidavit,
that within a few days after he got the bond, being
alarmed left it Mould be deemed ufitrions, lie had ex.
preffed his dilfatisfaaion with it, and had got from the
bankrupt a promiffory note for the 3001. advanced.

. •
• =- P! .1
r In doing fo, boTever, the Learned Connie! contend-
ed, that not having at tke fame time cancelled the
bond, or returned it, it 'continued a fukfilling
inent, of which the lender of the money might, and
intended to, avail himfelf, had the tsanfattion not
been made public by the bankruptcy of garwood.
Mr. RICHARD! and Mr. Coxtva, for, the Refpon-
eznt, contended, that, it being impoPile to fay at
what rate Rocks might have flood at the diflance of
three years from the date of the tranfaFlion, there could
be no uftiey in taking a bond from the bankrupt, to
replace a lean of 3001. principally railed by the fate
of flock, by any given amount of Itoek, at fo great a
cUßance of time: That Mr. Ga rdnerdid not with to take
anyadvantage of the bankrupt, or to receive more than
legal intereß for his 4001. flock, which he had fold to
accommodate the bankrupt, and for the 781. in each,
advanced to complete. the 3001. they lbbmitted, was
evident from the circum fiance of his having etpreffed
his diffatisfaition with the terms of the bond, the
moment he faw it carried .more: than the intereft of
the different rums fo advanced, and his then infiflingi
on a promiffory note for the 3001.
' I
-The. LORD CHANCELLOR laid he could eafily figure
the propriety and inflict of a perfon, when he was
accommodating another by a loan of money, by means
of a Pale of vol. of Rock, flipulating that flock to be
replaced at a given period,. and that inftead of the
intereft of the each the Rock produced, he fhould in
the mean time draw the dividends falling due on the
amount of flock which he had fold. lf, however, be-
fides the 4001. (lock, that perfon made an additional
advance of 781. in call), and, inaead of Ripulating for
his 4001. Rock being replaced, and the dividends on it
being paid, and for repaynicnt at the 781. and intereft,
thould take a bond far 6501. thereby turning :be 781.
into Rock, not at :he rate of 55, bring tyre teal value at
the time, but at the rate of 3c, and thould alto flipu.
late for the dividends on this 2501. of tlock, inaead
of the interett of 781. he could not think there was a
jury in this kingdom who would not find fuch a tran-
faetion ufurious. The only queßion then was, if fuch
had been the mind of the lletiolndent, or if he had
taken the bond under a mittahe ? From the whole cir-
cutnittnces of the tranfaelion, and particularly from
the ar,ijavit of Mr. Macon, who had ftvorn to Mr.
Gardner's being previoufly confulted, his Lordfhip
thought ignorance of the contents of the bond could
hardly be urged in his favour. It was quite unnatu-
ral to fuppole, if Mr. Mafon had b'een acquainted
with the actual nature and er.tent of the advance
made by Gardner, that ftc would have drawn the
bond in the terms.in which it was conceived. Gard•
ner's alto applying for, and obtaining the promiffory
note for the 3001. could not alter the nature of the
trantaaion, which. was unqueftionably tlipulated to
be a baigain for a replacing of flock. Had the pro-
miffory note been meant to italid in pl ice of the bond,
the bond would have been. given up, cr otherwife
cancelled. That not being the cafe, it miff be luppo.
fed that the lender of the money intended to avail
himfelf of the promiffory note, only in an event like
the prefent, if the tranfaetion fhoold fee the light,
otherwife to hold by his bond and warrant of attor-
ney. His Lordthip, therefore, in the whole circuits-
fiances of the cafe, could not ['misty himfelf that there
was not ufury in the tranfaaion.
The claim of Mr. Gardner was accordingly order-
ed to be expunged.

. .
Mr. L.toc.tsTEß, whofe benevolent exeriinns to
promote an efficient plan for the education of the
children of the poor, we have before had occafion to
notice, was lately honoured with commands from
the Kixo' to wait upon the Royal Family at Wey-
Mouth. On Monday he was admitted to the Royal
pretence. The KING, the Qyrsa, the Dukes of
KENT and CUMBERLAND, and the Pr:nceffes, were
prefent. lii, MAJESTY alked many pertinent gout-
tions refpetrling Mr. LANCASTER'S method of teach-
ing, and was fo much pleated with the progrefs that
has already been made in this laudable undertaking,
that, as a mark of his appiohation, he defied that
his fubfctiption for tool. nitglit be put down. Her
MAlesrt gave so!. the Royal Dukes and the Prin-
ceifes fui)fcribed tol. each. All there fubfcriptions
to be annual, far the purpnfe of etablifhing village
fchools for ten thotflurd chilgrerr.
- Such an eiample, voluntary, and without any fo-
licitation whatever, while it thews the high opinion
entertained by the Royal Family of the effentiat be-
nefits likely to refult from this great undertaking,
cannot fail to be followed by. the liberal fupport of
all the nobility and people of ptoperty in the em-
pire—of all who value the morals and welfare of the
poor.
Toro Rama, in the ferviee of Mr. Green, of
Spitalfields, having had a difpute, the one firuck the
other on the head with a Ipade, which Manned him
fo much, that he was taken to the Hofpital, without
hopes of recovery. The offender has abfconded.
FORG SD Not a s.—Yelterday an interetling queltion
relative to a forged Bank Note was decided by the
Commiffioners at the Court of Requelts, Guildhall.
Mr. Parnell, of King.fireet, Covent arden, rum.
moned Mr. Gibbons, an AuLlioneer, refiding in Buck-
lers-Bury, to recover 21. depofited with the latter, to
obtain a fight of a forged Bank Note, which had
been traced to Mr. P. The tranfaftion was as fol-
lows.—At a fele Mr. P. purchafed goods to the
amount of tot. and paid with feveral Notes, the
whole of which were marked with his initials. A
Boy, the fervatit of Mr. G. received theta notes, and
paid them with others to the Bankers, when une of
them, a 251. note, was flopped at the Bank as a for.
gery. The nute fo flopped was indorted with Mr.
P.'s name, and after a written notice had been fent
from the Bank to Mr. G. the former was informed'
that the note was his ; he requefted to fee it, but was
told by Mr. G. that if he would pay the al. the notice
thould be placed in his hands, and he would then have
an opportunity of examining the Note at the Bank.
Mr. P. did fo, and on feeing the Note, knew it was
not that which he had formerly paid intu the hands
of Mr. G.'s Boy, as it did not bear his initials.
The Bay in the fervice of Mr. G. Paid he received
the Note in queltion from Mr. P. and that he put the
name of Parnell on it, but not until a eonfiderable
time after he had taken it, and it had been placed
among other Notes.

The Commiaioners, from the uncertainty of the
Boy's evidence. and other circumftances in the cafe,
were of opinion the note had not been given by Mr.
P. and they ordered Mr. G. to pay the al.

•
ST. DOWYCO"
CONSTITUTION of HAIM. •
We, H. Chridophe. Clervaux, Vernet, Gabtl:
Petion, Gerfrad, Total:lint Brave, Rnitiain,
Capnix, Magily; Daur, Conge, MiasLoire Ain-
broife, Yayou, Jean Lotiis, Francois, Ge:,n, MOreau,
Bavelais; tial•
As well in out own name as in that of the people
of Hayti, who have legally conOiluted us 'faithful,
organs and interpreters of their will, in pretence of
the Sur:tune litiNd, before whom all mankind. are
equal, and who has fcattered fo many fpecies of crea-
tures on the furface of the earth for the purpote of
manifelling his glory and his power by the diverlity'
of his workr, in the pretence of all nature by whom
we have been fo unjuflly, and for fo long a time,
confidered as outcaft childrzn :

C . -

Do declare, that the tenour of the prefent Con(li-
union is the free, fpontaneous, and invariable ex -
preffion of our hearts, and the general will of our
Conflituents ; and we fubmit it to the fandion f
His Majetly, Emperor, JaosES TSEssaLtir Es, our
deliverer, to receive its fpeedy and entire execution.

PRELIMINARY DECLARATION.
The people inhabiting the 'Sand fAmerly called St. Domingo,
hereby agree to form themfelvet into a free !tate, forereign and
Independtnt of any other power in the unlverfe, under the name
or Empire of Hayti.
Slavery is for ever aboliihed.
The Citisens et Hayti are brothers at home ; equality In the eye
of the law is inconteftably acknowledged, and there cannot exalt
any titles, advantai,cs, or privileges, other than thole neeelfarily
refulting from the confitieration and reward of fervices rendered
to liberty anti independence
The quality of Citizen of Hayti ii loft by emigration and natr •
rzlization in foreign Countries and condemnation to corporal or
difgraceful puniflnents. The Ern cafe carries with it the puniih-
mot of death and confifcation of property.
No perfon is worthy of being a Haytian who is not a gootira-
ther, a good fon, a good hufnand, and cfpecially a good fo/dier.
Every Citizen mutt With a mechanic art.
No white man, of whatever nation he may be, Still put bh foot
on this territory with the title of matter or proprietor,neither la*
be in feture acquire any property therein.
The preceding article cannot in the fmalleft degree affedt white
women who have been nateraliztd Haytiacs by Governments
nor does it istend to children already born, or that nhy be born
of the laid women. The Germans and Pohttders naturalized by
Government arc silo compiled In the difpotitions of tb: prefect
article.

All acception of colour among the children of one and the fame-
family, of whom the thief Magiftrate is the father, being neat. •
fully to ceafc, the Haitians Mall henceforward be known only by
the generic appellation of Black,.
' OF THE EMPIRE.
The Empire of Hari is one and indiiiftble. Its territory II
diftributed into fix military divifionit.
The following lfiands ate integral patty of the Empire,viz. Ss+
mane, La Tortae, La Gonave, Les Cayenshes, La Sacne, A
Vaehe, and other adjacent Ulan&
OP THE GOVERNMENT.
The Government of Hayti is catrafted to a firft Maglittatet
who ifkumes the title of Emperor, and Commander in thief of
the Army.
The people acknowledge for Emperor and Commander in Chief
of the Army, Jaques Deiralines, the avenger and deliverer of Ms
Fellow Citizens. The title of Majefty is conferred upon him, as
well as upon his auguft Spoufe the Emprefs.
The perfons of their Majetties. are faered and inviolable.
Statf will appropriate a fixed annual allowance to her Ma-
jetty the Emprefs, which she will continue to enjoy even after the
deccafe of the Emperor, as Princefs Dowager.
The Crown is eledtive, not hereditary.
There (hall be aligned by the State an Cannel income to the
children acknowledged by his Majefty the Emperor.
The male children acknowledged by the Emperor mall be obli-
ged, in the fame manner as other citizens, to pais facceffively from
grade to grade,.with this only differene, that their entrance into
fervice mall begin at the fourth demi-brigade, from the period of
their birth.
The Emperor makes, foals, and promulgates the laws✓ appoints
and revokes at will the Mioifters, the General in Chief of the
Army, the Couocillors of State, the Generals and other Agents
of the Empire, the Sea OEuers, the Members of the Local Admi.
niftrations, the Commiitiries of Government near the Tribunals,
the Judges, and other Public Fundtionaries.
To the Emperor clone is referred the power of making peace
or war, to maintain political intereoarfe, and to form treaties. '
He provides for Abe interior flfety and for the defence of the
State, and diftributes at pleafure the tea and land forces.
lu cafe of confpiracies manifefting thenafelves againft the fafety
of the State, agaud the Conftitution, or agalnft his perfon, the
Eihperor malt caste the authors or accomplices to be atufted and
tried before a fpecial Council.
His Majefty has alone the right to abfolre a criminal, or com-
mute his punifhtnent.
The Emperor mail never form any enterprise with the view of
making coaquelts, nor to difturb the peace and the interior edged.
niftration of forage colonies.
Every public-ark mail be made in thefe terms:-' The Eases.
ror I. of Hayti, and Commander In Chief of the Army, hg the
grace of Goo, aid the Cooftitutional Law of the State.'

OF WORSHIP.

The law admits of no predominant religion.
The freedom of worihip is tolerated.
The State does not provide for the maintain
inflitudon, nor of any minifter.
GENERAL DISPOSITIONS.
The crimes of high treafon, the dllapidatlons of the Wainer*
and generals, nun be judged by a fpecial council called acid pro-
vided by the Entrant.
Tqe houfe of every cithen Is an inviolable afylum.
All property which ftemerly belonged to any white Frenchman
is Incontaftibly and of right cocifeated to the ufe of the State.
Every Harlan, who, having paraded property from a white
Frenchman, may hare paid part of the purchate-money ftipulated
in the amt of bale, than be refrantible to the domains of the State
for the remainder of the funs due.

my ragions

Marriage iiu -a.diii;"reileivil, and authorifed by the Govan.
Meat.

The law authorizes divorce in all cafes which Dail have been
pre.viontly provided for and determined.
Good faith and integrity in commercial operations (ball be reli-
giouffy maintained.
There Dull be national feftivah for celebrating independence,
the birth-day of the Emperor and his anvil fpoufe, that of art.
culture and of the Conftitution.
At the firft Cling of the alarm gunsthe cities will difaprear,and
the nation rife.
We, the underligned, place under the fafegnard
of the magiftrates, fathers and mothers of families,
the citizens, and the army, the explicit and folemrt
covenant of the facred rights of man and the duties
of the citizen.
We recommend it to our fuccefrors, and prefent it
to the friends of liirerty,to philanthropias of all coun-
tries, as a signal pledge of the Divine Bounty, who
in the courfe of his immortal decrees, has given us
an opportunity of breaking our fetters, and of contli.
toting ourfelves a people, free, civilized, and hide-
-11 pendent. (Signed)
H. CHRIsTOPHIt, &c. (as before)
Having feen the prefent constitution :
We factures DSSSALINES, Emperor I. of Hayti.
and Commander and Chief of the Army, by the grace
of Gov, and conffitational law of the State,
Accept it wholly, and fanilion it, that it may rt•
ceive, with the least poffible delay, its full and entire
execution throughout the whole of our Empire. Ant
we fwear to maintain it and to cattle it to be obferved
in its integrity to the laft breath of our life.
At the Imperial Palace of Dergines, the Goth May, dos,
fecond year of the independence of Hayti, and of one
reign the fit ft. By the Emperor, DIASSALINIII.
JUSTI CHANILATTS, SCC.

SONNET TO MISS C-LV-T.

Iltalvt dull tame; !1,. fait away.
That keeps me from my true Loves charms,
Ye radiant Sun, butte In; the thy.
Aed chafe your comic in Ocean. arms!
Tho' ling'ting time and eaftant fpace
Divide me from my lowly Fair;
Yct Rill my foul hangs o'er thr place.
Where oft with r I've footli'd duil care.
Oh did the know the giirf and pain
That abfence caufcs in my brcaft,
Hcr pitying heart would nc'rr again
By abfence rob me e f n.y rtft.
And then with raptures I would prove,
The goodnefs of conrrnting Love !
Duo/irks, Auguft zs, 18os.

SPORTING INTELLIGENCE.

NEWBURY, TUESDAY, AUGUST 20.

A Nliiden Mate of Sol. for 3 yr olds. carrying 6ft. ;
4 yr olds 711. 71b. 5 yr olds Sll. 61b. 6 yr olds 811.
1 fib. and aged go.—Two mile heats.
!Hi H. Lippeneoe\ g. g Slate, by Mr. Tea7lc,3 yrs old - I I
Mr. Bacon's I) f. Bct. by C3l3fliC, 3 yrs old • 1 4
Mr. Chillllo.7les I.otteTy. 3 yes old • - 3 5
Mr. Harries b. c. Farmer, by Pexaftes, 3 yrs old - 4 3
Mr. Dockerey's h. f Primroli. by Waxy, 3 yrs old • 5 6
Mr. Fr.-4gley's c. h. FiUey. 3 yrs old - - 6 dif
Mr. Bigg's br. f. Margaretta, by.sir Peter, 3 yrs 6141 7 2

An excellent race.
A free Plate of 501. for 3 yr olds, carrying 61b. ¢yr
olds 711. 71b. 5 yr gilds 8!1. 61b. 6 yr olds 811. 1 alb.
and aged gft. Ilb. Males and geldings allowed 31b.
Four mile heats.

Mr. Farmer's h. h. Principle, by Moreeock. 4 yrs old i x
The Earl of Barrymore's b. g. l lute John, by Calomel, 5
yrs old - - - - - S 1
lllr. Pierce's ch. m. Laura, by Pegafus, 5 yrs o'd • 3 dr
Two ♦ery good beats--even betting.—Little John againft the field.