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1822.

. -
COUnr OF CHANCERY, NOVEMBER 15.

EX-PARTa wobass
This question had been in part heard hefore. The
point to be decided was the validity in equity of a
deed by which Hodges the son bought a life-estate
from his father and mother for £2OOO.
Mr. NaWLAND was heard this day in favour of the
validity of the deed.
Mr. Sum's:l replied.—This was a bill filel by the
son against the father. This was very painful, but
not unprecedented. It was not denied that the son
paid three tines more than the value. The estate
the father never could give in fee to his son. Ile had
got only a shadow in return for £2OOO.
l
The LORD CHANCELLOR said, that Court would,would,tasu,
not interfere.for the reliefof .a vendee who had the
l
means of aseeititining the titles and terms of hid pur-I
Chase, and neglected to do so. An Eichequer
hstd bop cited,.of which he had doubts. None *ilia
have a higher opinion than he had of the learninb
integrity, judicial wi,dom, and so forth, of the Lord
Chief Baron ; but he could not thilik that there was
any remedy where the negligence of the vendee was'
the cause of mistake: but he did not know the con=
ditions of the contract in that Exchequer case. In the
question now before him he would give judgment on
Monday morning. It was an extremely important
case. The father, Hodges, was a tenant for life of an
estate. The rental was ant mentioned:
Mr. SUGDEN.-1:100 a year.
The LORD CHANCELLOa.—A settlement had been
made of this estate on Thomas Hodges, the father,
with remainder to Mary his wife, if she should sur-
vive him, and with remainder to all the children, to
be divided among them as tenants in common. The
father became bankrupt. Under tb. bankruptcy, the
eldest son bought the life estate of his father. The
estate then stood thus—A life-estate to the son, with
remainder to his mother, with remainder to all the
children. The 'discussion on the part of Mr:Sugden
went on the notion that this was-good in law, but
bad in equity. This case came under the principle
that, where' a power. was given to appoint an estate
to one or more children, urnil that appointment
took place the father was not entitled to puichase
out, and make the appointment exclusively on one.
Lord Thurlow had decided on this principle in a
case where one of the Earls of Sandwich had pur-
chased the claim of a child dying of consumption.—
Lord Thurlow held it good in law, but not in equity.
It was a question here, whether it was for the benefit
of the father, that in consideration of £l2B a year for
the joint lives of the father and the mother, a joint
appointment should he made in favour of one child.
, It was also a question whether the mother's joining
enabled the father to do what he could not have
ot;.erwise done. It seemed to be difficult to maintain
that. He was far from saying that there was moral
blame 'to be imputed ; but the Court must protect
children from the influence which might injure them,
and that could be done only on a general rule. The
Court was not, hoWever, to keep the property locked
up until all parties should consent to have it unlocked.
He knew not how. the other children were _disposed.
It was to be hoped that some of them would agree,
from filial duty, to such an arrangement as might he
made. If he should be compelled to give his opinion
in the absence of any knowledge of their wishes, he
would consider between this and Monday what opi-
nion he should give. The joining of the wife made
no difference. She was selling the interest of the
children. If she were alive, that life-estate would be
restored to her.
VICE-CHANCELLOR'S COURT, NOVEMBER 15.
COLE V. VAUGHAN.

The following brief stateme•.t of facts will enable
the reader more clearly to understand the subsequent
proceedings :—The late Sir Thomas Champneys was
tenant for l►fe in possession of certain estates in Ja-
maica, with remainder to his son (the present Baro-
net) in fee. The estates were subject to several mort-
gages to Messrs. Vaughan, of Bristol, Messrs. Core and
Co. and others, and also to a provision for the younger,
children of the family. During the life of the late
Sir Thomas Champneys, that Gentleman executed a
deed by which he divested himself of possession of
the estates, and conveyed them to five trustees, who
were to apply the rents and profits which might be
derived from them to certain trusts therein specified,
one of which, it appeared, was the payment of the.
interest upon the several mortgages. The Messrs
Vaughan were parties to this deed, and covenanted
not to defeat the intentions of the instrument, on the
agreement that they were to be continued as con-
signees of the rents and profits arising from the 'l
estate, in which character they had long before stood;
Sir Thomas Champneys died on the 2d of July, 1821 ;
and on the 21st of June last, his Honour the Vice-
Chancellor, in consequence of an application by
Messrs. Coxe, appointed Messrs. Vaughan receivers
of the rents and profits of the estate.
Mr. BELL, on the part of the plaintiff, moved this
morning that the Court would direct Messrs. Vaughan
and Co. to make sale of the produce of the estate
which had been consigned to them since the death of
Sir Thomas Champneys, with leave to remunerate
themselves out of the produce of the sale for the !up-
plies which they had sent to the estate since the death
of the owner, and other charges, and to pay the re-
mainder into the Bank to abide the order of the Court.
The grounds upon which the Learned Gentleman
rested the motion were, that the produce which was
in the possession of Messrs. Vaughan add Co. ought
to be applied to the purposes of the trusts determined
in the deed abovementioned ; and that the heir at
law had never entered into possession of the estate
since the death of the late Baronet.
The VICE-CHANCELLOR observed, that he could
not agree with Mr. Bell. Ue was of opinion that
the trustees did not continue in possession one mo-
ment after the death of the tenant for life: the .pos-
session was immediately vested in his son.
Mr. HART, Counsel for Sir T. Champneys, stated
that the property now in the possession of Messrs.

- (~•E x*E•:,-PENCH

Vaughan and Co. was claithed by his client, it has:
ing been consigned to them since the death of the
late Baronet.

Mr. Houvu, who was on the same side as Mr. Belli
said he felt it difficult to argue the question, after
what had fallen from the Court. He would suggett,
however, that Sir Thomas Champneys could not be
eatitled to the property in the po,session of Messrs.
Vaughan and Co. but that it must be considered as
arrears of tent in the hands of a tenant, and that,
therefore, it isught to be retained by them as receivers
appointed by the Court.
The VICE'CHANCELLOR observed, that a diffitult
question arose upon this point—namely, whether the
produce which was severed from the estate beforethe
Court made the order for a receiver, and which had
since, tome into the pos.e)sion of Messrs. Vaughan,
could be considered to come under the operation of
that order ?
Mr. Hopsa admitted that the property in question
had been severed from the estate before the Court
made the order for a receiver, but not until after the
bill had been filed. •

Mr. PearecftroN followed on the sam?. side. He
argued that the Court' ought to restrain Messrs.
Vaughan from surrendering the property to Sir T.
Champneys, because he had received notice, by the
bill which was filed in order to obtain the appoint-
ment of a receiver, that other persons poisessed a
right in the property ante' for to his.
M.T. WILBRAHAM appeared for Messrs. Vaughan.
He was not instructed either to oppose or support the
motion. His clients had made an affidavit, in which
they set forth the property in their possession, and .
the amount of their charges upon it They were ex-
tremely anxious that the Court should make some
order with respect to its disposition.
The
'i vice- CHANCELLOR thought that Messrs.
Vaughan and Co. had entertained very proper doubt;
respecting the manner in which they ought to dispose
of the surplus in their hands. • If they had paid it
over to. Sir T: Champoeys, they would have been
personally liable to those persons who asserted a prior
light to it. They were mere stakeholders, and they
had acted very properly. He was of opinion that
Nle,srs. Vaughan ought to pay all the admitte4
'charges that affected the property, and then make an
application to the Court that they may be at liberty
to pay over to the Accountant-General the clear suri-
plus. Then the question would arise, whether the
surplus.would belong to the receiver who had been
appointed by the Court, or to Sir T. Champneys? .
Mr. HART trusted ;that the• Court would not make

any order hut that which had just been alluded to by
his Honour. Such an order would only be advanr
tageous to Messrs. Vaughan, who were substantially,
though not in name, eie plaintiffs in the suit. The
order would be most oppressive to his client, who, if
it were not made, might proceed to-morrow by an
action to recover the pi operty from Messrs. Vaughan.
The VICE-CHANCELLOR said, that he would, upon
application being made, immediately grant an injunc-
tion, to restrain Sir Thomas Chimpneys from pro-
ceeding with such an action. He thought Mr. Hart
could not object to an order which'would refer it to
the Master to inquire what was the amount of the
admitted charges upon the property in the hands of
Messrs. Vaughan.
Mr. HART wished his Hono►sr to decide now who
would be entitled to the surplus after the payment
of all charges.
The VICE-CHANCELLOR said he was unwilling to
decide that point at present, because it might ulti-
mately appear that these was not a single shilling cf
surplus. The proper time for arguing that question
would be when the Master made his report. His
Honour then decreed that Messrs. Vaughan might be
at liberty to proceed with the sale of the property in
their possession, upon undettaking to account for the
produce of the sale to the Court ; and that it might
be referred to the Master to inquire what ate the
charges that would have affected the property if it
had been actually possessed by the consignee ap-
pointed under the order of the Court.

As a proof of the uncommon mildness of the sea.
son, it may be mentioned that a traveller lately ob-
served, in the garden of Mr. MatcomsoN, innkeeper,
in Kirkcudbright, the following perennial and bin,-
nial flowers btooming in gay luxuriance :—Daisies,
polyanthuses, primroses, auriculas, anemonies, bache-
lors'-battons, roses, and honey-suckle ; • blue-bottle,
cardinal flower, asters, wall-flowers,stock-july-flowers,
holly-hocks, periwinkle, sweet-william, heart's-ease,
campanulas, canter bury-bells, sweet scabions, furni-
tory, and valerian.
A letter has just been received by Mr.W.BANILEtp
from Mr. SALT, dated at Cairo, in August last, with
the following curious information :—A roll of Papy.
rus, measuring about eleven inches in length, and
five in circumference, has been discovered in the
Island of Elephantina, and purchased for Mr. B. It
is found to contain a portion of the latter part of the.
Iliad, very fairly written in large capitals, such as
were in use during the time of the Ptolemys, and
under the earlier Roman Emperors. The lines are
numbered, and there are Scholia in the margin. A
copy is to be made from this valuable MS. at Cairo,
that it may serve as a duplicate, in case of any acci-
dent in its voyage to England. The person who pro-
cured this treasure for Mr. B. is a young man, who
has been in his employ for some years to explore such
parts of the Antiquities and Geography of the East,
as were left unasceitained by Mr. B. himself. •
The following is a plan for preventing the stealing,
of dead bodies :—As soon as the corpse is deposited
let a truss of long wheaten straw be opened, and dis-
tributed in the grave in layers, equally with every
layer of earth, till the whole is fillei up, By this
method the corpse will be effectually secured; for it
is certain that, the longest night will not afford tinge
sufncient to empty the grave, although all the com-
mon implements of grave-digging be made rue 4,4
:bribe abominable purpose.

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14,VF,N1N14 STAII.

LONDON.

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SATURDAY, NOVEMBER 16, 1522.
THE FUgDS.

STOCK EXCHANGE, TWELVE O'CLOCK.
There seems to be but little business doing this morning in
the market. Consols, up to this hour, 32 to i.

POILIGN MAILKM
Very little business has been done this morning in any foreign
fee :rides.; New Spanish Bonds, up to this hour, arc 62 to 4, Old
about 74 ex. div. Colombian 82, and Spanish Scrip I l to 2 dis.
All other foreign Stocks remain at the same prices as quoted
yesterday. We observed this market rather thinly attended
this morning, but the cause is obvious : a great number of Job-
bers, of all descriptions, made their elit yesterday towards the
close of the market, not being able to pay their differencee.
utlsongst whom, it is said, there are three or four Brokers.
rIIICES.OF srocl:s AT ONE O'CLOCK.
per Cent. rteduced Si% 1/1
per Ccnt. Consols 82A S 2
4 per Cent. 985/3-7/s .4-4 per Ct. New 1023/4 lh
Rank Long Annuities 20 11-16 34
India Stock 25634 I,4,—lndin Bonds 425. 435.
EKcliequer Bills (L 1.000) Gs. S►.--Small 9s. 7s.
Cons. Can Account S 2 Vs.

The French PI pers of Wednesday have reached us.
and the Journal des Detals, which has observed the
most solemn silence ever since it put forth its 'warlike
article, has at length ventured upon something like
an explanation. If, however, we had no better gua-
rantee against ‘var than the wishes of the French Mi-
nisters, nor a mole satisfactory assurance that tran-
quillity will be preserved than that of the Journal des
Dehats, we might still have some fears on the subject.

The article in the Journal des Debats possesses an
official character, and is very cautiously drawn up.
ix commences by stating that .4 the grand question
cf war with Spain still remains undecided." This
paragraph is a very satisfactory refutation of the
assertions of some of our contemporaries, that war
was never meditated, and that the whole was a mere
stock-jobbing rumour.
This slims that France, at least, did contemplate
war ; and in the next paragraph we shall find that
she entertained hopes of being supported by the Con-
gress. .‘ Our private letters from Verona," says the
Editor, " dated die sth instant, affirm, that up to
that day nothing had been decided at Congress re-
lating to Spain. No declaration had been resolved
upon ; no ultimatum sent to Madrid."
Here is an assumption of authority—the Congress
have not met to consult with the Representatives of
Spain (for Spain has no Envoy at the Congress) on
the state of the country and the best means for re-
storing it to tranquillity, but assumes the right to
-dictate what terms they please ; and the first intelli-
gence that Spain is to have of their meddling with
her affairs. is an ultimatum. This word, so much used
in diplomacy, has lately, however, been stripped of
its ominous import. _ _

How long was the Russian ultimatum bandied be.
teen Constantinople, Vienna, and Petersburgh ?
These ultirnata even seem like last sills and testa.
'tents, tc have the privilege of succeeding and super-
seding each other, notwithstanding the solecism in
language. la the course of the late negotiations in
the East, at least three ultimata are said to hive been
administered by the Emperor of ResstA to the Divan.
We need not observe bow long that negotiation was
protracted, and that the matter of it is still undecided ;
and if Spain is only true to herself, and Great Britain
continues firm in resisting all interference with the
Peninsula, the ultimatum of the Congress will be as
harmless as that of Russia to the Ottoman Porte.
The Journal des Debats, while it states that the
question of war is undecided, acknowledges that its
commencement is delayed. The alleged pretext for
attacking Spain was the dangerous -situation of the
Royal Family. The Editor, who had excited a false
alarm, now pretends to dissipate it, by stating that
the more recent advices from Madrid are « of a less
alarming character as regards the Princes of Spain:"
less alarming certainly than the Editor of the Journal
des Deliats had represented them ; but the fact is, that
there never appeared the slightest evidence that it
the intention of the Spanish Government to place the
lives of the Princes in jeopardy.
We have next a sort of assurance that the death of
FERDINAND is the only case in which France would
think herself entitled to attack the Peninsula. "We
have said," says the Editor, " that the violence alone
of the preponderating party in the Cortes could force
France to a was against Spain. The revolutionary
axe raised over the head of a Boone" would not
allow a Royalist Ministry to calculate either the in-
terest, or even the chances of success. Honour, that
supreme arbiter, would imperiously require a sudden
effort, which would at least testify our firm disposi-
tion to oppose ourselves to the crime, even though
we could not successfully accomplish the object.—
Who, on seeing a brother thus surrounded by assassins,
on the point of perishing by their poniards, would not
fly to his aid, without calculating whether the pro-
ceeding might not accelerate the fatal blow ?"
If we may judge from this official article, for so
we must consider it, there are far different reasons
for, the change in the policy of the French Cabinet,
than those alleged. Perhaps the French Minister
found at the Congress that the terms on which the
Holy Allies would assist in the crusade against
Spain were such as to put even France under some.
restraint ; for it is idle not to believe that the real ob,

1
jeet of Fratice inputting &set liberty k Spain, WM
to crush it at home, and to make sne general league
against liberal institutions and constitutional Govern-
ments,
wherever they might be est. blisl ed . We ate
borne out in this opinion by the following paragraph r
"There is another special interest for France which'
is, the preservation of the sceptre of Spain in the
hands of a'dynasty allied to the blood pf our Kings,
and naturally disposed to cultivate those relations of
friendship between Spaniards and Frenchmen, which
their reciprocal situation renders so beneficial. States.
men will understand us when we say, that the aimed
intervention of the Powers of the Nottlit and of the
centre of Europe, in the affairs of the Peninsula,
might, perhaps, lead to chances still less favourable
to the maintenance of the Bourbons on the Throne,
than the present•state of things. Fears may be en-
tertained of combinations, of events which would in-
duce a Spanish party to call in a foreign dynasty,
whose establishment at Madrid would change th'e
equilibrium of the South of Europe, to the particular
detriment of France."
This is a new light broken in.upon the French Mi-
nistry. We have long ago stated, that a war with
Spain would end in hurling the 800 RISONS from the
thrones of both countries; but we really did not an,-
ticipate that the French Government would so soon
agree with us in this opinion. What can all this
mean? What new jealousies have suddenly sprung
up in the mind of the King of FRANCE, and in those
of his Ministers, respecting the views of the Holy Al-
liance, and of Russia, the chief of that body ? France
is at the point of attacking Spain; she suddenly de-
sists, and for fictitious reasons; and then she turns
round to the members of the Holy Alliance, and with
the utmost apparent terror urges to them the pro-
priety of adopting the same course, declaring that
their interference can only have selfish objects in con-
templation, and that it will be the ruin of the whole.
BOURBON race. .
Does the French Government really believe this ?
or is it to be classed with the other fictitious reasons
which they give for the sudden suspension of the
hostile attack on Spain? The improved condition
of the Spanish Royal Family, an almost general am-
nesty, and the disgrace of the Fiscal who had at-
tempted to bring certain persons to trial, constitute
those'pretended reasons; and all these are proved, by
the extracts we have given in another place from the
Madrid Papers, to be utterly groundless.
We have now done with tbe official and laboured
article of the Journal des Dads, which we should
not have noticed at such length had it tot been for
the positive assertion that there were no'grounds for
supposing that France had ever intended to go to
war with Spain. How far we were right in assum;;,g
that such was once the intention of the French Cabi-
net bas been fully proved, not only by the first hostile
article which appeared in the Journal des Debars, but
by the one we have just noticed, which is nothing
but a sort of apology for a change in the avowed
policy of the French Government.
The following are further extracts :
PARIS, NOVEMBER is.
A Council of Ministers was held to-day at M. de
Villele's. When the Council broke up, a messenger
was dispatched to Verona.
The revolutionary journali announce to-day as a
thing nearly certain, that some changes are about to
take place in the Ministry : they even go so far as to
mention the Ministers who have tendered their resig-
nation. It is obvious that these absurd rumours are
intended merely tu aTect the-elections ; but, doubtless,
the electors will not be the dupes of the manoeuvre,
which is too palpable to deceive any one.—Monitenr.
Our private letters from Verona, of the sth inst.
assert, that up to that day nothing was decided on
by the Congress, relative to Spain. No Declaration
was agreed to—no ultimatum sent to Madrid. There
was no aQpearance of an approaching dissolution of
the Congress.
It is said that a document has been presented to
the Congress at Verona by Prince Metternich, com-
prising five principal objects. The first two relate
to the affairs of Naples and Greece. The third ap.
plies to Spain, and is said to offer to that country cer-
tain modifications conformable to the French Charter,l
or any other Constitution with two Chambers. In
case of the Cortes refusing their consent, an army of
250,000 men will enter the Peninsula. The other
points turn upon the Secret Societies, and the re-
strictions to be laid on the Liberty of the Press.
2,IADRID,'NOVEPdBER 1.
The day before yesterday has been a day of terror
to this capital. A plot was formed to rescue from
prison the veteran Political Chief San Martin, as well
as the Officers of the Guards, and cut short the pro-
cess of the law by strangling them. The ardent
friends of the Constitution assembled for this liberal
enterprise with the cries of " Long live Riego !*'—
" Long live the Republic !" The measures adopted
by the Authorities frustrated the project.
EXTRACT OF A LETTER FROM BAYONNE, DATED NOV. 7.
" Twenty-five transport ships arrived in our lion
yesterday, filled with warlike stores, the unloading of
which commenced to-day, so that in a day or two
our glacis will be covered with artillery of every de-
scription. Fifteen or twenty more, similarly laden,
are yet expected.
" 13eside• the supplies of ammunition which are now
in this city, the arsenals are actively empldyed' in
fabricating -many field-pieces. Two regiments of

( atrAtiy are expected on the ISthinst:-at Mont tie
Marsan, and 800 borsekwill come to Bayonne.
4. The news received froth the different ptints of the
frontier agree in saying that allTrenchmenvhc have;
not resided ten years in Spain will be obliged to leave
IN Strict orders have just been given at the port of
Ilidassoa not to let any. Frenchman enter Spain, not
even as far As Irun.h—Quotidienne.
Ftnans AT PA RIT, Nov. 13.—Five per Cents. opened at aor.
55. closed at 881. 9bc.

Madrid Papers to the Bth instant have been re-
ceived by Express. They are chiefly filled with the
Debates of the Cortes on the law lately proposed for
punishing conspiracy and insurrection, and on a re-
monstrance made by GARELLI, one of the late Mi-
nisters, relative to the judicial proceedings instituted
against him and his colleagues.
On the Ist instant, as soon as the routine business
which takes place at the opening of the Sittings of
the Cortes had been gone through, a letter frem the
Minister of Grace and Justice was read, stating that
Don NICOLAS GAntttt, late Secretary of State, had
addressed a Memorial to the KING, praying that his
MAJESTY would be pleased to refer the same to an
Extraordinary Cortes.

" In this Memorial (says the Spanish Papers) Senor
Garelli states, that he has learned, as a public and
notorious fact, that it has been resolved to imprison
him and the other Secretaries of State who were in
office with him, in the latter end of June and the Ist
of July, in virtue of the precautions considered
ne-
cessary by the Fiscal, who directs the investigation
into the affair of the rebel Guards, who left their
quarters and entered hostilely into the capital on the
morning of the 7th of July ; and that the pretence
for this intended imprisonment is founded on the con-
duct observed by the said late Secretaries of State on
those occasions. He also observes, that, far from
fearing the result of any process, he is most desirous
that his guilt or innocence should be clearly and dis-
tinctly manifested : but the Constitution has pointed
out how and when prosecutions are to be carried
on against Secretaries of State before the Supreme
Tribunal of Justice, which are duly to take place
when the Cones declare that there is ground, as in
other criminal causes, for instituting a process.

" His Majesty has thought fit to submit the above
Memorial to the deliberation of the Cortes Extraor-
dinary, who are expressly authorized to take the
same into consideration."

The Secretary having asked Wit was intended that
the Memorial should be referred to a Committee?
Senor SANCHES thought it unnecessary to appoint
a particular Committee, as the Memorial might with
propriety be referred to the Committee already spe-
cially appointed on the affair of the ith of July.
After some debate, it was ordered that the Memo-
rial and the letter of the Minister of Justice should
be referred to a Special Comniittee.
On the 2d a document in justification of Senor
Garelli, presented to the Cortes by his wife, was re-
ferred to the above Committee.

In the sitting of the sth the Committee made their
Report, which is of great length, but the following is

is substa;:ce :

" After recapitulating the grounds of Senor Ga-
relli's complaint, and the particulars of the proceed-
ings for constituting him prisoner, the Committee

state the principles of the law respecting infractions
of the Constitution to be that the Secretaries of State
shall be accountable to the Supreme Tribunal of Jus-
tice, but that it is necessary that the Corte should
previously declare that there is reason for instituting
a process.

"It is now asked whether, when a person who has
been a Secretary of State is put upon his responsi-
bility for acts done in his Ministry, the same ;trims
are to be observed as if he were still in office ? This
admits of no doubt. The accused, under such cir-
cumstances, must be proceeded against as if he were
actually a Minister.
"The Criminal Code enacts various penalties against
Public Officers for neglecting or wilfully delaying the
execution of the laws, and also the redress which the
public interest requires (Articles 451 and 507). In,
various other Articles penalties are inflicted for not
prosccuting delinquents, and against those who preju-
dice the public cause—against those who assemble
to concert the means of opposing the laws, or who
resist their execution, or take measures to frustrate
them. The Minister who may have conspired against
the security of the State, or the Political Constitution
of the Monarchy, however slight and however con-
fined to himself the designs, must be guilty of all the
above enumerated offences and many others besides.
From these premises the Committee deduce these
several axioms :
" 1. That to require the responsibility of a Minister, or of a
person who has been a Minister, it is necessary that the Cortes,
before any proceeding whatever, should declare that there are
motives for instituting a process.
c. That the Supreme Tribunal of Justice ought to take cog-
nizance of the charge.
" 5. That the same Tribunal has to take cognizance of all cri-
minal causes relative to persons exercising the duties of Secre-
taries of State.
" 4. That the crime of conspiracy in a Public Functionary,
and more particularly in a Minister, never can be regarded as
cohnuon and private, or considered separate ficom the questions
which his official situation involves.
" Finally, the Committee confine •themselves
suggesting, -fur the deliberation of.the C,ottes, as the
ultimate result of their opinion—
" That the documents be referred back to the Go-

temenefit, in order that the doubt which It is eipedect
the Cortes should remove may be more reguls.rlt
stated, and more explicitly expressed ; or that, if t 1 .t
papers be not referred back according to the nakurd
of the case, that the Fiscal shall conform strictly to the
Constitution and the laws, from which it is clearly
to be deduced-Ist, that a former Secretary of Sta,4l
ought, in the case of his being put on his responsibi•
lity, to be. tried in the same manner as if he were
exercising his office. 2dly, That a Public Functionary
can never be proceeded against for the offence of con.
spiracy committed during the period of his holding
office, except in the quality of a Functionary.
" The Cortes will ire pleased thus to resolve, or
in such other manner as to them may appear most
proper."—Madrid, nvember 4.

On the motion of Senor GALIANO, the Report was
ordered to be printed.
The law project respetting the disposal of incur{
gents or conspirators who may be apprehended, was
still under discussion on the 6th, but the most im-
portant articles had been agreed to. The power
given to the Political Chiefs to hold persons in close
custody thirty days, without instituting legal pro-
ceedings against them, was warmly debated. It was
contended, that in the critical circumstances of the
country this power was necessary, and it was observed
that some of the Committee who had approved this
Article, knew themselves, by experience, what the
effect of thirty days' close confinement WAS.

In the Sitting of the 4th, a discussion on the Naval
Budget was interrupted by the arrival of one of the
Secretaries with a dispatch from. Mina, which he im-
mediately read. It was as follows;

" ARMY OF OPERATIONS OF THE SEVENTH DISTRICT.
" Being in Calaf, actively preparing for operations consequent
on the taking of Castelfollit, at nine in the evening of the 25th,
I was informed by Colonel Don Francisco Miranda and Corn-
mandant Don Manuel Garrea, that Baron de Eroles, with the
forces be bad been able to collect from Mequinenza, Balaguer,
Seo de Urgel, and other points, had, in the evening of that day,
formed a junction with the Chiefs Romagosa, Romanillos, )li-
rales, and Jep dell Estans, in the town of Viosca. On receiving
this information, I ordered my troops to march, and arrived at.
half-past two in the morning at the station of the aboge7ineo-
tinned Colonel Miranda, Commander of the columns which had
been under the orders of Gurtea and 'Montenegro.
" At day-break on the 26th I ordered an allowance of brandy
to be distributed among the troops, and then took a position in
tke mountains of Auretuos and the acclivity of the Caseta de
Balaguer, leaving the town of Aguda occupied, in the expecta-
tion that the Baron would attack me, as be seemed et! to
do. Accordingly, at half-past ten on the sama day, his scouts
began to fire on our advanced posts, who were stationed on the
hill of Aguda, and who, after dexterously availing themselves of
all the advantages offered by the position, were obliged to fall
back on the town of Aguda, in which were stationed 10C men
the regiment of La Corona.
" Finding chat it was not the Baron's intention to engage in
general action, I began to descend from my position with the
corps of Toledo, Hostalrich, Corona, Orderes, and the provin-
cial corps of Siguenza and Logrono, and to reinforce the
Gue-
rillas, hoping by this means to bring hint to the actiou he ,ougi•:
to avoid; for which purpose, and in order to inspire him wilt
greater confidence, I left in its eosition the column ender the or-
ders of Montenegro. My expectations were realized ; aril with
this small number of troops I succeeded in driving the enemy
from his important position, dispersing his force in every direc-
tion, and filling him with a degree of terror from which lie will
not easily recover : the Cavalry contributed to the routing of
the enemy, cutting numbers to pieces, and pursuing them to the
town of Sanahuja.
" This victory, perhaps one of the most glorious for the Spa-
nish nation, would have been complete if night had not inter-
rupted our pursuit of the rebels, and if the country of which they
left us in possession bad afforded us the means of subsistence;
as it was, I was under the necessity of retnrning to this point.
" I cannot at present give your Excellency the details of this
glorious action, which, however, I shall communicate as soon as
I receive them from the Commanders of the respeetiVe columns.
I confine myself to assuring you that our loss is very trifling, and
that the enemy's is very considerable. The valour, enthusiasm,
and intrvidity of the brave men whom I have the honour to
command exceeds all praise.
" From a prisoner of the battaliokof Valencia, who has just
been brought in, we learn that the number of the enemy ex-
, ceeded 5000, independently of parties brought from several
towns which are within sight of us. We are assured that the
enemy fled in such consternation, that the fugitives are not likely
to stop
.till they reach the Seo de Urgel.—lizavzs presava
your Excellency many years.
" FRANCISCO ESPOZ Y MINA.
" To his Excellency the Secretary of State for the
War Department.
" Head-quarters at Toras, Oct. 27,1822."

New York Papers arrived this morning to the
'2sth of October. The following are extracts:

NEW YnRK, OCTOBER 24.

FRONI CURACOA.—Curacoa l'apers have boen re•
ceived to the 29th ultimo. These Pipets speak of the
report of General Morales having entered Maracaibo
on the sth ult. liut give no credit to it.
The Spanish corvette Maria Francisca, the ketch
Hymna, and five transports, with 15(X) men, specie,
and provisions, from Ilavann3ll, had arrived at Saii,t
John's, Porto Rico. The troops were landed for re-
freshment, and were to proceed to Paerto Cabello,
under the command of General Calezada.