Star.
London, England, 1831-09-26 00:00:00

if there be Anti-Reformers in Birmingham,

and they are bound to remain at home, that a
may not be drawn from their presence at this nit
ilcipate, however, that, on that eventful da
is either to be read a second *TIC or re to
will exhibit the appearance of a city of the d The Citi-
zens of Edinburgh were to meet on ThLeaday last. Oo
Friday last the Meeting of the Citizens of Olaegow was to
take place. NVe ere unable to notice the numerous meetings
in all quarters of the Empire. In Scotland, In particular,
the matter is taken up with a seriousness that will, we
doubt not, produce a due impression on the Upper House.

may remain,
Jae infertile*
deg. We an-
Oben the Bill

HOUSE OF LORDS-SATURDAY.

JUDO MENT.

OFFICERS OF STATE OF SCOTLAND, APPELLANTS,

EARL OF HADDINOTON, REPPONDENT.
The Rarl of Haddington, as hereditary Keeper of the
Royal Park of Hol House, claimed the right to the
quarries in that park and and had let them to tenants, the result
of which was that a tremendous smash of the rocks, called
Salisbury Crags, has been made of late years. The officers
of State at last resolved to question the validity of the
claim, which rested on a grant of Charles I. The Court of
Session decided in favour M the Barl of Haddington, and
the present was an appeal from that decision. The following
has been the result :
The LORD CHANCILLOR, in giving judgment, observed
that the Judges of the Court below had assented facts which
were not proved, and had gone into the argument before they
had the foundation for it ; elthongh, if it oat' been otherwise,
the argument had little law to support it. This was certainly
a most extraordinary and novel ease, that the grant of the
office of Ranger or Keeper should be held as a grant of the
soil, or subject itself, so that the whole might be destroyed.
The grant in question was made in 1646 to the respondent's
ancestor by Car. I. in consideration of 12,0001. advanced to his
.Majesty. It appeared to be a new creation, fee there was no
evidence of the existence of soy such office before—a moat
important consideration, when the ground on which the
Judges below bad founded :heir decision was that of usage.
Some extracts of entries in the books of the Town Council
of Edinburgh were produced, which showed that they had
claimed anti obtained paving-stones from Salisbury Rocks,
before the grant; but what evidence was that of usage, in
respect of the claim in question, when there was nothing to
show that they bad obtained the stones from any person
claiming right in the same character as that of the respon-
dent ? As to the grant itself, it conveyed the office with the
usual privileges of vert and venison. This was the amount
of the diapositive put of the grant, but in the terserlifuse part
contained the words lowa subless fovea roam supra farrow."
He need not inform their Lordships that the lessednis clause
could not carry the grant beyond the diapositive part—and
even if these words had been in the &positive clause he
should have doubted whether they carried the right to the
minerals. But the Court below had never started the ques-
dm of the very extraordinary nature of this grant, if the,
right to the quarries was really conveyed. The Keeper was
the representative of the Crown to keep the Park for the
Crown ; but this, according to tie construction of the Court
below, was a grant not to keep, but to take—sot to preserve,
but to destroy and make spoil and waste of the whole sub-
ject. Alter some further observations on the nature of the
grant, his Lordship minutely examined the whole of the evi-
dence produced in support of the usage, which consisted
chiefly of entries in the books of the Town Council of Edin-
burgh, which were not admissible at all, and which, if ad.
missible, would have been no proof whatever of user. The
Only title of legal evidence was a late payment of rent for the
quarry to the Karl of Haddington, which was, by itself, no
proof whatever of the user; either:lb, after all, the grantee
must have taken in terms of the grant only, and Dot by user.
With all due submission to the Court below, there was no
ground, either in law or in het, for the judgment, which be
would, therefore, advise their Lordships to reverse.
Judgment reversed.
The remainder of the romantic rocks of Sir Walter Scott's
"Mine own romantic town" are therefore cafe during his
Majesty's pleasure.
The Irish Admiralty Court Bill was reported, and ordered
to be read a third time on Monday, if then engrossed.
Adjourned.
8. a. KERB, HQ. F. all s. F. VAOGRAIr, BART.
This case, which stood over in cosmogonies of the tempo-
rary indisposition of the Lord Advocate. was reemsed this
morning, when that learned counsel proemial le reply.
The question a issue respects comb ring ertaaned by
the late /Lady Essex Kerr, lister of the Del o et aeshergh.
She died in September, 1819, hieng landed elutes hi Sett.
land, to one half of which she sweended man she deeds of
the Duke, and the other half se la of Me Ain, Lady
Mil fact; are numerous, but of nopentneblie kapertance,
to foal legacies be emitted, which Lady Hoes Kerr directed
to be paid to fora charitable instituderm—vis. the Naval
Charitable Society, St. Heorge's Hoag* Illiellens Hos-
pital, and St. Thomas's HospitaL:Applamied to the will is
'direction to give to her old servant Z. Oeneer, le whew
Ishe bequeathed a considerable legacy, " the Mill alga per
year to provide a person to take care of my pants and
I moll birds."
The law points are necessarily dry sad welameeelbgte the
gerwral're; we shall therefore natant toss iambs bite
them.

The Lord Clung& Lion, having heard the Lord Advo.
fete's reply, signified be should take time to consider of his
judgment.
ammimmsommms
FOREIGN INTELLIGENCE.

DUTCH MAIL-THIS DAY.

PETERSBURG, SZPTIMIIIR 7.—A report ad-
dressed to his Majesty by Field-marshal Puke-
nitsch, dated from Nadarsyn, August 28, relates
the junction of General Kreuts with the main
army, the occupation of /*limb by Gen. Koor-
ring, and details the operation of General Rosen
who was attacked by a Polish corps of more than
20,000 men, with 38 pieces of cannon, under Ge-
neral Romarieci, which, after leaving Praga,
at first marched towards Osick, and then ,
seemed as if he intended to pass the Vis-;
tula, and act on the rear of the main Russian '
army ; but afterwards turned against General
Rosen on the 28th. The Polish force being vastly
superior threatened to cut off Rosen's communica-
tions with Bruise Litewski. The General took
measures to cover that important point, and bad to
sustain many attacks from the Poles ; after he
bad resisted them two days, seeing the object of
the operations which had been prescribed, which
bad succeeded by drawing a considerable corps of
the rebels to a great distance from Warsaw, he
proceeded in the night of the 29th to Breese, the
communication with which was already interrupted,
and entered the, town with his whale corps, And
all his artillery, on the 31st; not having been
looted on his march by the enemy whose further
plans were not known.
Tk Prussian State Gazelle of the 20th, has
no farther news from Warsaw.

CASSE.I., SEPT. 14.—1 t is affirmed that in as
extraordinary sitting of the estates to-day, a pro..
ject of law was presented by the Government, to
the effect that " the Elector to relieve himself from
part of the burden of the affairs of Government,
and to initiate the Electoral Prince into them, has
resolved to take his Royal Highness as co-regent,
and that till the Elector shall leave his present
place cf abode, and again fix his residence per-
manently at Cassel, the Electoral Prince shall
ekes direct the affairs of the Government.

Beaux, Sair. 17.—(From a Letter.)—Lieut.
Von Seidlits,who was at the Russian head-quarters
as aid-de camp to ,Colonel Count Kanits, arrived
here, and brought
,the most satisfactory accounts
from Warsaw. it is said, however, that some
corps of the Poßth, army will hear nothing of a
capitulation ; tt is possible thael•the Russians
may have to C,arri on a partisan war for a time
is some of theyrovinces.
BIaLII, SIUPT. 16.—Accounts from WIVINIW
stale. that a part of the Polish army under Aim-
Mogi remains in Prag4; and that the main army.

VW,.

is in Plea. Count Paskowitach has not recovered
from his wound, and is at Belredezc.—Hamburg
Pai?ers, Sept. 20.
POLISH FRONTIERS, SEPT. 14.—1 t appears
from letters from the Polish army of the sth inst.
that there was no expectation of the decisive blow
which was followed by the capitulation of Warsaw.
It seems that all the Polish troops were on their
march to execute a great plan of operations.
The capital was in a great measure des-
titute of regular troops, and it was hoped
that the National Guard, and the artillery,
would be able to defend the city for a week at the
least. The result has proved that this was a
mistaken calculation. The Polish Generals in
Warsaw have therefore signed a capitulation,
in order to arrest a still greater misfortune
from the inhabitants, who have already suffered
So much. In Warsaw itself a gloomy tranquillity
prevails. The post with foreign countries was
not re-established, because the communica-
tion was not fully secured. According to private
accounts the loss on both sides was much greater
than the statements hillerto received make it ;
30,000 killed and wounded are spoken of, one
third of whom are Poles. The motions and inten-
tions of the Polish army are still involved in ob-
scurity, and the violent party seem not to have re-
nounced all hope.
The total amount of all the Polish corps is stated
to be still 60,000 men, who think themselves able
to resist the Russians, especially if the latter should
be obliged to have a garrison of 20 or 30,000
men in NVarsaw. It would be most disastrous for
Poland, if the contest should be renewed; as
without foreign aid, which would lead to a general
war, a successful result could hardly be thought of.
—llnrnburgh Correspondent, Sept. 21.

•
PRUSSIAN STATE GAZETTE, sEPr. 18.
WASSAW, Sere. 13.—Field Marshal Paskewitsch ar.
rived in the evening of the same day, and passed the night
in the Belvidere. The troops that entered the capital on
the Bib consist of the Imperial Guilds, both cavalry and
infantry. At the same time the infantry regiments of the
Lithuanian and Volynlan Guard, and the Grodno Regiment
of Hussars that were formerly in Warsaw returned to the
city, but the Potolian Cuirassiers and Lithuanian Hulans
went to the province of KaHuh. On the same day Prags
was also occupied by the Imperial Guards.
The day before yesterday a great number more Russian
troops marched through Warsaw. fbe bands of the metal
regiments played favourite tunes.
The Warsaw Courier of yesterday says there is to be a
Icessation or arms for fifteen days, till the Emperor's resole-
don can be received from St. Petersburgh.
After the Polish army had left Prep, it stopped the first
night at Jablonna, on the road to Medlin. On Saturday, the
10th, Count Zansoyski came with a Bag of truce from the
amp of the Polish army to Warsaw. This army is now in
Modlin, and is commanded by Gen. RybioskL Yesterday
Gen. Dalekonski arrived here from the Polish army in Med-
lin to which be soon afterwards returned.
' It is said that General Routanow with pert of his corps is
gone towards &mow.
General Kadmir Malachuaski has, indeed, laid down the
Comma:Ado-chief of the Polish army, but is sdll with it.
A report that troubles had broken out the day before yes-
terday in Medlin and the Nadeau' is not eonfinned. At
Keen there are many dtisens who left Warsaw at the same
time as the army.
It Is said that Marshal Paakewitsch will fix his abode in
the Royal Palace.
General Rennalkampf arrived here yeetadeb espresso
boss Petwebe h, and Colonel Malowstoff, from Lowkk.
The of State, Engel, who is entrusted with the
61a Provisional Government from the kingdom
will arrive at Warsaw to.day, and reside in the
Datii
Cast Andrew Zanasyski arrived here on the 10th, by way
of Theme, teem Vim% with a pulped from Count Tads-
e na; as Russian Anebeneadae. _

Gimped Krakow:MAl is will in Warsaw. Nothing cer-
tain Is known wapeadog the mount abode of General
Bkrayaocki, btu sesseftg to all probability he is in Gallicia,
in the neighbestrhei4el Cum,.
An Order of the May of Count Witt enjoins the National
Guard and all other persons who are in possession of arms
to deliver them within 48 bouts in the arsenal, to General
Bontempe, Dinar* of the Artillery, otherwise they will be
punished with all the rigour of military law.
Terre are now CO Generals in Warsaw. The Municipal
Connell still performs its official duties.
It is saki that a Proclamation will be issued by which all
Bank notes, kr- will be 'continued in drculatitia so usual.
Our bond, have risen ounkleralgy, and have been again at
88. Far 10010 made pest hardly any silver coin bee been
sees at Warsaw, but now there is a great quantity in dr-
calories.

A peat part atlas batrieadee and palisadultraa
sn Thursday. Daring the battle on Tuesday Lest=
aesday 48 houses were burnt down is the suburbs of War.

Bnaun, Sept. 19.—The Prussia* State Ga-
zette again communicates direct news from War-
saw to the 13th inst. It appears from this account
given by a private letter' that the division of the
Polish army, which after the submission of the ca-
?Rai marched through Praga, did not indeed seem
inclined to commit hostilities against the Russians,
but had not hitherto shown any disposition to go
to Plosk. The army, after its departure on the
7th, remained a few days in Jablonna, audio now in
and about the fortress of Modlin. Some members of
the senate and of tbs Chamber of Deputies, and also
several of the most violent members of the clubs
and editors of the newspapers had followed the
army to Modlin, but had since left that fortress.
and were all gone to the little town of Zakiocsyn,
on the Vistula: It was reported that a deputation
had been sent from the Polish army at Modlin to
tha Emperor Nicholas. Others spoke at Warsaw
of commands given by the Emperor for a new or-
ganisation of the whole Polish army, which is to
be confiiisd to General Rautenstmuch. Mean-

time eta/ soldiers of the Polish army at Medlin
desert their colon's, and many of these soldiers con-
'tindaftrisittieleWirreeir. Th. ittiasien Genii's!
Von Berg welt on the 12th to the camp. Besides
the troops above mentioned, the Poles appear to
have 2 very strong corps, namely, those of Generals
Romanis° and R,osyski. The first of these gene-
rah, who at the time of the capitelstion of iVar-
saw was on the right bank of the Vistula with
about 16,000 men, was ordered by General Ma-
lachowski to join the main army ; bet he badi
neglected this order, and bad resolved to make
an attempt to teach the fortress of &mow, which
is still in the hands of the Poles On the 12th be
Wes at Lekow ; but General Rosen followed him
with 18,000 men, and has st last already cut him
off &dor the' Polish army. General llosyski is
in the privince of Sandomir, on the left bank of
the Vistula. On the Bth inst. that General, who
was not acquainted with the surrender of Warsaw,
published a report, in which be speaks in high
terms of the force assembled in the province
of Sandomir, .aad of dishlargo reinforcements
of cavalry obiek ba "spieled frail the province
ci Cracow. Headmen his forte at .is'ooo *es,
with 15 cannon. • Siam that- General Rudigsr
aPpenn to have closel,y premed this. Palish corps,
and upon the IMOWS of the mirrenisi of Warsaw, an
11/1111114CA wm CAMIClll6llllNovess the two Generaii,
by whick.ll4 beam' notice of the .zenewal- of
eien :Itodigsr was
• •

at Radom, and Rozyzki at Kielce. " In Warsaw,"
concludes the report in the Prussian State Ca
setts, " the most profound tranquillity continues to
prevail. The Russian authorities act with the
greatest forbearance and indulgence, so that the
citizens and tradesmen begin to breathe more freely.
The regiments of the Austrian Guards that have
entered the city, are in such excellent condition,
and so well clothed, we would suppose they had
rested some months from the hardships of war."
We have private letters which state that Prince
Czartorisky, and the chief members of the Polish
Government, had retired into Gallicia, under the
protection of Austria.
Letters from Frankfort mention a report of the
death of Mashal Paskewitsch, in consequence of
the contusion he received in the chest. It was
stated in the Russian bulletins that he was obliged
to surrender the command on the second day of the
attack to Gen. Toll, and that he was not able to
make his entrance into Warsaw on horseback, but
this was not generally believed.
The Austrian Observer, in announcing the sur-
render of Warsaw, says—" The capitulation gua-
rantees the safety of persons and property, and
allows the Polish troops to retreat upon Praga. It'
is thought that the negotiations for the entire pa-
cification of the country are continued."
T:re Augsburg Gazette of the 19th instant has
the following :—" The news of the taking of War-
saw has made a great impression at Vienna. Ge-
neral Count Clam was immediately sent to Berlin.
Russia has declared that she will now occupy her-
self with the accommodation of Poland under the
mediation of Austria and Prussia.