Star.
London, England, 1812-12-15 00:00:00

M -r— a local habitation and s naded"

• 'rhas then the two nations are at •wtr—they know
not why—arid unless WE tecuie to the otd eharze Qi;
French influence in the'Ainericitit Council—a charge
whirl has never been fairly rebutted—we must once
more declare that MArnsms has not made out a case
to jnstiktostilities. Thitt• there is s secret tinder-
sitt4ing between the heioils of. the rreneb and Ame:
Stan tovernMents,canisot, we think, be now demlicl,
The object of Joiss,,,Pant.ow's 'Visit to. Warsaw ce

Wilna, is now fully developed.
'llut like all ambitions and vain glorious men tfor
htintsont natiithstaitling tis disaiowal is of this de.
scription),. he, Isas possly miscalculated -the chancel'
Of the war no* waging in Europe. He thought,,
Perhaps, that an indissolOble treaty of amity between
France and America Would ere this bare bean signed
at St. Petersburgh.
'We have now seen that the character of this Mee-
sage is decidedly hoit44llet us enquire what are the
resources Rom which *hip champion of maritime
rights is to make good his pretensions. His Militia
And Regulars are already' disposed of—his navy is
now lesissir by our Cruisers, and will be wholly sent ,
borne to British ports by the comrhencernent of spring.
Then He assures tis, that he has great reliance on the'
friendship of Siveden and Rrissia, and coldly speaks
' Of-Ft:lnce its haVitig put of the day of her atonement)
btit as being uhitnately to be depended on—that is to
say, itt the pteserit wits 1* is the Willing instrument
in the handi of the French Ruler.—and sees nothing
in the flagitious litvasiens of Spain, Pdrtugal, and
Russia, and the conitquent extinction of all rights,
indiVidual, maritime, or national, which ought to
shake his allegiance I SO intich for the enlightened
policy of Mr. MADLSON !
With respect to the Finances, he would fain im-
press a belief that they are flousishing.—The relent

importatiors of tiritisb goods have greatly increased
the revennes--bnt out of a Loan of Eleven Millions,
only Eight and a half hivi been st
proof of the popuLarity Of his Government among
the wealthy and respectable classes of the community.
But *ill Russia, now so nobly struggling for her
own independence against a most ferocious enemy of
all national and maritime tights, permit America to
assist France in her destruction, by acknowledgink
her neutrality ? Will Sweden revoke her treaty of
amity with Great Britain, and open her ports to the
commerce of a nation at war *itli her great and
powerful ally ? Are these all the elternal relations
which are to assist M. MADISON in tht war ?
His calculations on domestic resources are not less
erroneous. He tells us in his Message, that the States
of Connecticut and Massachusets refused to allot
their militia to march upon an offensive expedition;
and he is constrained to admit, that the war expen-
diture has been made pod from an adventitious
source, namely, the ithpdrtation of British goods—a
Source which will be speedily dried up.
Upon the whole, we cannot think that this man's
reign of delusion an be of long duration. The ran-
corous ebullitions of party spirit which prompted him
declare war. have st*arly subsided, and btlt for the
" Litre of the GuartateWthere is not an Amerieae
of common sense who' would not long since have
been sick of his warlike operations, naval acid mili-
tary, diplomatic and financial&
L

—another

RENEWED REPORT OF TILL DEATH MO
BONAPARTE.

Mr. WHITBREAD stated in the louse of Commons
last nighti that he had heard of BONAPARTE'S arrival
in Berlin, "AN know nothing of the information
upon which this report is founded. It is our dnty,
however, to lay hefom out Readers reports of a dif-
Iferent description; and we give them as we have re-
ceived them in the following letters :

" DOVER, DECEMBER 14.
ig Vire have it reported here to-day from Deals that
a Spanish ship has arrived in the Downs, after a very
short passage from Gottenburgh, which brings an
account that BONAPARTE was killed in attempting to
make his escape. This is all I can learn of that re-
port, but which is probably true, so long a time hav-
ing elapsed since any thing official has been heard of
him ; and, had he effected his escape in safety, he
certainly would have made his pod citizens of
Paris acquainted with it, and we should have had
Papers over.'ere this announcing his safe arrival at
some place out of the reach of the Russiant4,-A
ship having left Ostend as late as last Saturday., is
now in our Roads, but will not be in the harbour be-.
Fore the Mail sets out ; and from what I can learn
from the boatmen, who went off with a pilot to her,
the Captain does not know any news, or at least he
mid them so. I regret I cannot get on board to see
him, but
.thatis impossible, the Wind blowing tab
bail No other boat than that Which carried off dui
pilot has had communication with the ships sintehei
[ arrival off here."

" DOVER, DECEMBER it

* A Spanish vessel has arrived in the Downs last
'night, in fout days from Gottenbu;gh, bringing an
,account of the death of lioNAeAart—the Tyrant
hiving been killed by one of his officers.
so A vessel from Ostend, arrived in DoVet Roads
ihis evening, repeats the intelligence above-meptinned.
this news leached Ostend a few hours before this j
sessel sailed."
DOVER 4 DECEMBER IC
N A vessel is arrived in the Downs, said to be
Spaniard, froth Gottenburgh, bringing an accOnnt.
that BciiLiewava had been shot by one of his Officersi
She was only four days in corning.

44 Another vessel, it is stated, bringing a similar
aconant, is just come into the Roads from Ostend.
Thb news reached that place a few hours before ithie'
rAanstL".
flaiiii itiom f.tovri'S oorrea-sicinst.
. is In reference to the above letter from Doier, we
have to observe, that in the Deal list received today
r'ansi wrote yestei•day, do mention is made of the at.'
iiVil.of those vessels'; but, on referring to the Deal.
the received yesterday, and wrote on Sunday (*Atli
"extract from which is given below), it will be seen
that one of those vessels arrived in the Downs on. Sa- '
.rarcfay evening, and the other on Sunday morning.
I It also appears from the iblloiving extract, that
the Dealboatmen were able, and did obtain the names
of both these vessels, also the names of their Captains ;
.and it is certainly very odd that the latter did not
communicate so important an event as that alltided
to in the Dover letter. We fear our Dover friend has
I been building cattle; in 'the air :
" DEAL, SUNDAY, DEC. is.

~~.

J.'

a Arrived last evening, bound to Dover, the fo-
reign vessel Providence, Capt. Losucz, from Ostend.
Alm) arrived the Spanish brig St. Jynacio de la Yoki,
Capt husAno, froth Gottenburgh, bound to Cadiz."
Yesterday the PRINCE REGENT held his first Levee
this season, which was attended by all the Royal
Dukes. There were also present the Archbishop of
CANTZRZURYi the great Officers of State, the Spa-
nish, Russian, Portuguese, Neapolitan, Swedish,
Turkish, and Hessian Ambassadors, the LORD
MAYO and the Sheriffs of Loudon, the Dukes of
Di NORFOLK. &c.

ARMY.

We are hippy to learn by our Port Letters, received
this clay, that the troop-ship seen in distress was not
One of the ships with the Life Guards ; being the Ca-
ledonia, with detachments on boArd for Cadiz, be-
longing to 9th, 67th, and gith regiments, which
Were taken out at sea by his Majesty's ship Nemesii,
with the exception of a suflitient number to aid the
management of the vessel, which arrived damaged
at Falmouth on the 6th instant. It is thus highly
gratifying that the Life Guards are accounted
for, the whole being now arrited, exceptihg• four
eessels, one of which is still at Falmouth, and the re-
maining three have already sailed from Plymouth,
Wider the ALPHEA.
LA fa iidtiitional 'snail detachment of Artillery-
Drivert. is ordered to embark immediately, at Ports-
inotith, for Lisbon. If we are inferior to the French
in any species of Ebro, it is in this and the Engineers.
• SitUrday Morrting, a Serjeant, of the Gloucester
-Regiment, in barracks at Plymouth Dock, received
1150 lashes for desertion, and was reduced to the ranks:
•-• • Xi YL itaiLLfGANCE: •

FALMOUTH, DECEMBER HP.
Ntf arriials. Sailed the Qtfeen Charlotte packet,
for Lisbon. The West India fleet, for tome tin-
loiiirt cause; still remains.—Wind E.
k.
PLYMOUTH, DECEMBER IT.
Artiireil the DAN/MARX, of 74 gin* fiom the
Eastward. Sailed the Svast.t.a, of 58 guns, for Cork,
whence she will proceed to the West Indiel; and fi-
holly to Halifax. ' • FILL*, of 20 gtins, on a ciuize ;
find Semitto*, of 18 guns, to St. Andero.—Admiral
Sir S. H. Linage, this Morning, hoisted his flag on
board theA.NnabstaDA, of 24 guns, no* in the &wad,
and prbeeeds to Cadiz inthiediately.—Wind EathE.
.•4
• - . PORTSMOUTH, DECEMBER it •
-'Altered his Majesty's shipi MrLonAtlti ,tititurri
Sod MARS, from the Downs. Sailed his Majesty's
ships CCIRDLLIA and NIMROD, on a cruise; CUIVULRa.
LARD, for Cork ; and the Mtstzros, for Guernser
and Jersey. The COUNTY'S of Etats takes low/or
to the Downs.—The Horse Transports at this port
are ordered to proceed immediately to Cork, to t.hip
. .

cavalry for the Mediterranean:—=A very large whale
was seen yesterday afternoon; close off Benbridge
Ledge, which is considered a Very extraordinary cir.
cumstance on this part of the Coast.
DEAL, DECEMBER 14.
Came down and sailed to the West Ward, the Ceres,
Scorr, for India .her arrival in the Downs was
stated in the list through mistake on the 10th inst.
YARMOUTH, DECEMBER Is.
Arriked the SNIPE gun-brig, and the StARLDra
loop of war, from Cronstadt, but last from qotten-
burgh, which place they left with 40 fail of English
and Russian ships of war, and some merchantmen.
.Sailed the BRITOZIARt, for Sheerness ; and BOXER,
'for the fleet off Flushing. The Shire it under sail-
'ins order* for the Down*. Remain in the Roads,
ins' Majesty's ships Solelskj, Petuti3Oliogr, SAlyes
and watchful.—Wind
. .

The Augusta privateer, •of 'l4 guns and 150 thin,
sailed froin St. Maloes on the 29th ult. with four
others of the satne class.
The Princess Mary; Stogy, from Lcmdoii td- )2.
inaice; wal /poked with in company with the V icto:
,rious man of war and 29 sail, in lat. 44: long. 12. on
the 19th ult. all well.
The Sarah, Sacstorr, front the coast of Spain to
London, is taken and carried into Mothiz.
The Hope, MiCsivstesr, from Tobagd; arid the
Hercules, Mn.Lan, from Guad.iloupe to Greenock,
parted from the convoy aborit the 2d inst '
The Mary, Barite; front Prince Edwatait tsland
to London; Cape Breton, Beath; arid Providence;
Lvticu; from Cape Breton to Jersey ; and Sparkler,
-Bitowx_, from Cadiz to London, were taken about
the 7th inst. near Scilly, by the Anguita priVateer,
of St. Maloes. The Mary Was gives up, and has ar;.
rived at Cork. The Cape Breton escaped.
His Royal Highness the Doke of OLartrotEt it to
hoist the union flag in the river as Adniiril of the
Fleet, in complitticnt to the Russian Admiral, teho is
to be formally recbi ved in state bthis Royal Highness:
Sir EDIIIINLI Name is appointed, by his Royal
Highness the PRINCE REGENT, to sutteed Sir Some
.T.-Bucawoarti in the comnialid at Newfoundland.
A. M. Far, Di. is appointed Secretary to Sir
Ethitixa.
A numerous Meet* of the Electors of West.
ihiaster, was yesterday held at the Crown and An.
4hor Tavern Strand; to celebrate she retutn rf 'Sir
Brnizierr and Lord C.ddrritstut to Paths"
mink. The worthy Pdionet addressed The cosilpimy
speech of some length; as did also Lord COM.
lA* gr. Wtanaat wad id the Chairs
Thir,ADPUL OUTRAIM—Last night, bettireea nine
and ten o'clock, a rest singular and daring outrage
wal• committed at the iVine.vaults; in Glasshouse.
streeti Sackville.street A, fellow, dressed like a
sailor,• with one eye; called fer a glass of rum with
some *arm water: The landlady turned round to
serve the villain, and received from him a most dread-
ful blow with k hammer on her head. Her screams
immediately brought out of the parlour a Gently:sin,
who fortunately secured him, and prevented his bad.
tat Intention. He was immediately- safely lodged in
the Watch-holm but would not give any reason for
this eondoci."
Friday, as Mr. M. Quantock, son of J. Quantock,
Esq. of Chichester; was skaiting on Fletcher's ponds
the ice suddenly gave way, and the unfortunate young
man disappeared, and Was crowned before any assis-
tance could be rendered him.—He was ..215 years
of age.
Last week, as the boatswain of the Penelope frt•
gate and his boy, J. Dennis, .were passing under the
stern of a vessel in Hamoaze, the wind suddenly
caught the sail and turned at boat over, by which
the poor boy was drowned.
Within these few days past. 1149 prisoners of war
have arrived at the Perth depot, making she total
number lodged 4626 ;
.900 more are expettet
Batitn.—No alteration in price this week...pries
of the Quarters Loaf la. Std.,
. • •

•

Ii

,

LAJff
- SERJEAI4TS' INN,.DECIIM AR 7.
TOR KING V. LOLLEY.
Ey adjournment from the Exchequer Chamber,
November 14, and inserted in the STAR of the 18th.
The Twelve Judges were all present-, and procee-
ded to hear the argument in this case, continued.
Mr. Bnonouasi, after recapitulating the points of
argument, before proceeding to the second point, put
a case somewhat different from the present, and
ss",lich could admit of no question, but which mustbe
allowed to rule this also in principle, viz. that of an
English marriage dissolved in Scotland, and a se-
cond,imarriage afterwards contracted there also by
one of the parties t this second marriage must be
good in Scotland, because the previous divorce was
good there,. This was admitted on all hands. Then,
if the second marriage was good there, it must be
good here also, and endure to all purposes in England,
and every where else. That this was clear from the
cases, of Compton v. Bearcroft, recognized in. idletani
v. Idleton ; for the rule there laid down is, that pro-1
aided the marriage be good in Scotland, it is good in
England also. In those cases an English infant, in.
capable of marrying in England, without consent,
had been married in Scotland without consent, where
no such consent is required,. In the case pet, art
English party incapable of marrying in England, from
a previous. marriage subsisting (as was contended)
indissolubly had married in Scotland, where the pre.
vim' marriage is held to be competently dissolved.,
The cases were the same, and in 1 Comm. 43.5, the
two personal disqualifications alluded to, of infancy
and previous marriage, are enumerated under the
same class, ad treated in like manner. , Therefore,
no doubt could exist, that whatever was made of the
present case, where the second marriage is in. Eng-
land, in the case put, the second 'Marriage hemeg
Scotch, must stand good. Could it be contended
that the validity of the divorce was recognized
,in
England, as it mnsitikikthe supposed, dug, and lot
in the case in question t 'This wonld be-fo contend',
that its validity depended not on itself, but on the
doing of some subsequent act, vit. an after marriage,
to depend on the place where this should be hal—
After arguing at length on this, he put a cite, to
shew the absurd consequences of giving different ef...
fectgin En- 'to the divorce, from those which it

_gland . ...,11‘C, II Va. ....___
has 'in Scotland. Suppose an English couple there
divorced—the wife remains, and innocently marries ;
tne husband returns to England, marries, and is a fe-
lon. But suppose he remains in Scotland, and his
divorced wife comes to England ; he marries again
in Scotland, and again is divorced. His second wife
• comes to England also ; and so, in like manner, may
a third wife. He dies, and all his three wives have
dower of his lands, or he might have survived, and
married a fourth wife, and then died ; and the Sheriff
have been called on, .by a writ, to set out to each of
. four wives a third of his lands in dower—a third
snore than there is of them, Yet this follows irresis-
, 61;4 from Compton v. Bearcroft, and Idletoti v. Id-
. leton (itself a question on a writ of dower) where it
is laid down, that that which had it been in England
would have prevented the marriage from being valid,
provided it does not form any impediment in Sept.
land, is to be wholly disregarded in England,, in ,a
question arising out of a marriage actually, had, in
Scotland. Take this undoubted principle, and take
with it the one now contended for by the other ;ide,
that, here the Scotch divorce must not be recognized,
and you come at once to this absurd conclusion.
He then went to the second point—whether the
Scotch divorce wassuffieient to bring the party with-
in the provision of 1 Jac. e. 11 (the Bigamy or rather
the Polygamy Act), the exception is of such as have
been divorced by the gcclesiasticar Court, which he
contended cannot be confined to the Courts of this
country ; but must be taken largely, as an exception
*to a high penal enactment. The preamble clearly
shews, that the Act is intended against fraudulent
and, secret transactions. This whole Act has been
construed largely in favorem vita. 1 Hall, P. C. 694,
I Hawk, P. C. 44. the drawing of it was inaccurate
too ; and from the use of one word (divorce) in its
popular and not legal sense, doubts had arisen,
whether. a separation a mensa et thoro, brought a per-
ion withikthe exception. Porter's Case, Croke, Car.
461. But these doubts had long been removed :
.4ausliall,the authorities ruled, that divorce must be
. taken largely to mean separation in favorem vitae.—
. Lord Coke, 4 Inst. 88, speaks twice in one passage
of the " great generality of the terms," in which the
, , provisois.drawn. So Lord Hale, to reconcile two
parts of it, and extend one of them in favorem vita,
takes, " any part in the Icing's dominions," to mean
, any part. in this one island, excluding even Ire-
• land. Then what is the precise meaning of the " Ec-
_/s,lesiastical Court ?" If there were but one in Eng-
. 4 3 rid, this must be taken strictly.' But there are many,
....some with exclusion, others with concurrent jut isdic-
s ;ion. Thus the Arches has, besides its appellate ju-
risdiction ;n the province of Canterbury, exclusive
,jurisdiction in 13 parishes in London ; and can give
sentence of separation there ; and each divorce has
a Coasistorial Court. The words then must mean
quoad England, not the Court, but aoy competent
. Court. '1 hen why restrain them to this meaning,
„ after being, forced to make one large step ? They
~;garther must be extended to include Wales. But
..obey also include Ireland ; for no one can maintain,
that a sentence of separation in Dublin would not
bring parties within the exception. There is no reason
. for, excluding Scotch sentences. By the strict con-
struction too, divorce, by Act of Parliament, won't
bring parties within the proviso ; for they are still
apart its "whose former husbaneic or wives are living;"
• indeed, more so than the, parties really meant ' • for the
tam former supposes the marriage dissolved, which
is another inaccuracy in the language.
. He next chewed that the Scotch Court is strictly
an Ecclesiastical Court, and exactly similar to ours
in origin and in jurisdiction. Lord Coke, 4. Inst. 345
ispeaking of the similarity of the ancient Scotch lay.
to the English), refers to the book called Regiiim
Majestatem, as almost a transcript of our Glanville.
In this book, the Commissary Court is decribed as
having cognizance of wills, slander, marriage, and
divorce, exactly like our own. In both' the statutes
court is called, like
Christianitatis. Its
'scar, or Official ; and
Bishops formerly ap.
Queen Mary's time,

.

. • •
'on the abolition of the Popish prelacy, the Crown I cases of countries only shew, that we give effect to
toisk.this patronage; for AL while the sublime Court 1 lex loci, as' far- as=rot repugnant to oar ewn--Thisr—
ofiJustice exercised it. James restoreet it to the Bi- • Cower .d. tad liaLrbero was relied on by the de-
shops about the very tithe of the statute in question; fendant ; bur there it does not appear where the first
for though he revived the ordei of Bishops, by an marriage was had, and it was a Jewish marriage,
set, passed in'l6o6, two years after the I Jac. c. 11, which makes it indifferent where had And where dis.
yet several years before it he had introduced acts pre. solved ; besides, such marriages are expressly excep-
liaratora, thereto, and restoring their temporalities as tea out of the Marriage Act.
soon as he .should reinstate them. So it continued On the second point, he contended that the word"
until the Revolution, when the Bishops were abolished divorce meant' either dissolution of the vinculum or
again, and the appointment of Commissioners again lseparation a meara et thoro, and he denied that the
became vested in the Crown. Moreover these di- Scotch is such an Ecclesiastical Court as the law
vorces in Scotland are guarded by peculiarity, strict here knows and could recognise. The questicin is
regulations„ and provisions to prevent collusion, fully simply, would the Legislature have said such was
as much so as, the bills daily passed by our Pattie- their meaning, had
they been then asked, if the Fo-
ment, for similar purposes. He lastly submitted, oiso extend to Scotch divorce I—and he maintained
`that the Scotch divorce, if not allowed to be valid
.they would not.
to dissolve the vinculum of an English marriage,could ' On the third point he contended, that it was not
' only be deemed to be so, because that marriage irin. necessary in a proceeding against the Defendant for
dissoluble in England; but for this.reasoa the divorce him to shew that both parties concurred in the con-
;s at least tantamount to a separation, a mensa et thorn; elusion. It was sufficient for his argument that the
which is of daily practice bete ; to deny this is to re. party using fraud is precluded thereby from setting
'fine persons who may be bona fide resident in Scot- up in his own defence, the sentence obtained by his
Hand to be divorced a mensa et them, and to make fraud, and he insisted upon the fraud of the Defend-
ahem come here for that purpose, otherwise they can- ant, and of his exclusion by it from any benefit of
not again marry here. It is encouraging divorces the sentence of divorce at length.
here, and discouraging marriages here, saying to II BROUGHAM in reply, would only advert to the new
parties, if you wish to marry, go to Scotland, other. i matter introduced by the other party.—The texts of
wise you commit felony; but if you wish to be di. i Scripture expressly excepted the very case in question,
voiced, you must come here, otherwise you can't allowing divorce for adultery, and it was on those
F marry again here. In all,respects, the interpretation very passages accordingly that the text writer on,
is contrary to the rulesof ordinary construction, which - Scotch Lavegrounded the practice. The authoritiee
' lay it down, that life a'ad matrimony are the favou- to shew the indissolubility of the contract in England
rites of the law. only proved that for the most part there had been no
He then went to the third point—Whether the judicial means of dissolving it—not that there was
fraudulent proceedings of the defendant were suffi: any thing indiSsoluble in the nature of. the relation.
cient, without collusion on the part of the wife, to set If there were, an Acr-of •Parliment could no more
aside the divorce so obtained, or at least to. prevent dissolve it than it could bind future Parliaments, that
him from using it ?—and contended, first, that no the period during which there were means of disscl-
finding of fraud being on the verdict, it signified not wing it was short, he agreed—for during the Popish ,
what answer was given to this question ; and next, times it was a Sacrament, and then not even an Act
that the divorce 'is given either as a remedy to the of Parliament was ever tried to dissolve it—and soon
wife for an injury, or decreed pro salute mummers after Foljamb's case came from the Canons-- those
of .11e parties, and that in neither view of it canter be Canons acknowledged that the perpetuity of the yin-
concluded, that it is less a debitutn justitise; because, culurn depended-not on its own nature in the view of
beside committing the adultery, the party commit- the law, but on the proceedings of judicatures respec-
ting it may have also committed a fraud. ' ting it—for they were addressed to the Ecclesiastical
Mr. LITTLEDALE argued at length for the gement. Courts, and required steps to be taken in each case,
tion, and contended, on the first point, that marriage which would have been superfluous had the essence of
is indissoluble in England—there is no instance of its the contract been such as stated. The argument of
being dissolved without a new law pro re aaip, 134 ,Mr. Holborn', in Porter's case, shews that they en.
no text can be4cited for its dissolubility: *is is tertained the same view of Foljamb's case as is now
founded on Scripture; and .he quoted .5 Matth. Sl' maintained, and of the law before that time as there
and 32, 19 Matth. 17, and 1 Corinth. c. vii. v. 16 stated.
and 11, prohibiting divorce, except for fornication.... • The interposition of religious solemnities does not
The early churches held it to be indissoluble e then a alter the nature of the contract itself—they are cer-
difference arose—the Greek church allowing divorce tain arbitrary forms attached to the execution of the
a vincnlo for ataultery—the Roman pot allowing it :. contract for the sake of publicity and evidence, and
the Fathers differed accordingly—Origin allompg of no more make it a religious covenant than those veil-
the greater divorce—St. Augustin only of the lesser, obi civil and even military proceedings in which pa.
or, separation a mensa et thoro. The Calvinists and rochial officers, clerks, churchwardens, &c. are en.
Lutherans followed the Greek church—the English gaged, become religious on that account, or the mat-
church followed the Roman doctrine—the Scottish, ter ordered to be published by being read from the
being a Calvinistic body, followed the former, and pulpit. Besides a marriage irregularly celebrated in
adopted the greater divorce. Thus the difference has Scotland, though ROI void-, is punishible by law:—
been radical and original. But the plain proof that marriage in England is ease*.
~ In Foljamb's case. in 3 Salk. there is some error— daily' the same contract as in Scodand,is, that a
thus the Archbishop's name is wrong given—it is not couple marrying in Scodanel, and then coming to
Bancroft, but Whitgift ; and in Moor, 623, and Noy, England, ate forthwith held to be exactly in the same
100, the point is not mentioned. state as if married in England, which would have
The Canons, 07 aid 108, relied on, are not the been a manifest absurdity were the contract different
origin of the restriction against divorces a lineal°. in the two countries.—since in that case they would
Lord Coke lays it down as existing long before, when have entered into a contract of one kind, and then be
he enumerates the ire causes elope competent, au held to have entered into a contract of another kind,
cf them being previous grounds. Besides, from Mid- though nothing new had been done o change it.—
' dleton v. Croft, ca. temp. Hard. 316, and 2 Str. 1256, As to the deficiency of provisions in our law for the
it appears, that the Canons of 7 James I. are not bind- case of dissolution, this was to be supplied by the Le-
ing on the laity. giskature—if the analogies of separation, or dissoln.
He proceeded to shew that, in England, marriage non by death could not aid us, how was it when Par-
is a religious as well as civil contract—in Scotland, it liament dissolved by a private Act, and did not pro-
is purely a civil contract, and cited Dalrymple eh vide for one in ten of the cases enumerated ? There
Dalrymple and Salk. 119, where a marriage is held we were left to the analogies. Then the absurdities
void, because celebrated by one not in Holy Orders ; flowing.from the opposite doctrine are called incon-
besides
the Marriage Act establishes this. . venienctes arising from the conflict of laws—but they
He next sheaved, that the English law makes no are not so, for they exist not in the defendant's view
provision for such a case as a dissolution of marriage. ,of the question at all, and are is truth logical infe-
What would become of the children? Are they to rences, sheaving the premises from whence they are
be under the father or mother ?Or are the sons to be fairly deduced to be unsound. But the alledged ale.
under one and the daughters under the other ? What surdity of the defendant's doctrine derived from al-
becomes of the property ? Has the wife dower of the lusion to France, &c. is a mere inconvenience, in fact,
husband's estates, and has he courtesy of her's ? and not an inference in argument,. and it is for the
—What becomes of the settlements? What be- Legislature to apply the remedy, which it may do as
comes of the personality of the wife's fortune.—of soon as parties are forced to resort to the Continent,
the choses in action to her appertaining, and other in order to break the marriage tie.
contingent interests, the possession under which may . He maintained that married or single, is purely
not accrue till after marriage dissolved ? For all this qvaltio Maim and so held by all the authorities. His.
the law makes no sort of provision, and therefore ber expressly enumerates it thus, and so Poet ad panel: ,
plainly does not contemplate the event, viz, the di- part 2. lib. I. tit. 4. and dig. 1. 12. De Statu Ho-
vorce as possible. In Scotland,. all this is fully pro. minum. Justiniana likewise views it so in the foal-
tided for and regulated, so as no difficulty or doubt tutee. As to Huber's authority on the precise ques.;
can remain about the effects of the dissolution, either don, it must be taken with allowance, however much
as to personal questidns and rights of property. to be respected on the more general principles and.
It is said we allow the 'validity of Scotch marriages, definitions—for he proceeds on quite different view's
and therefore should allow that of divorces ; but we of law from ours. Thus he holds that a will of lands
know the one—we are ignorant of the other. As to executed according to the forms of the country where
the inconveniences. aad absurdities pointed out in the i made carries lands every where—for example, that a ,
conclusions froth our arguments, they arise not from I will in Holland, Witnessed by one person, carries land
' thence, but from the conflict of different laws :of in England, notwithstanding the Statute of. Frauds—.
these a strong one was the case put of the second and he lays it down as too clear to admit of a denial,
marriage being in Scotland, and not in England.— that an infant incapable of marrying in Holland,
' But
,it is sufficient to say this is not the case now be. I going to West Friesland, and contracting marriage
fore the Court, and we need not discuss it. Here (where the law is different) and returning to Holland, .
the second marriage is in England. Strebar has been is in no wise married—which is the very reverse of
cited, as proving that status follows the person—but Compton v. Bearcroft, and the other English cases.
certain and status only do so—slavery does not—po. He then replied to the rest of the arguments on the
lyganay does not,—Huber lays it down Tit. de con- other two points, and toncluded with denying the
flictu hem, that the Lex loci is to be taken only in law as laid 'down by the other side, that any sentence
so far as it is compatible with the laws of the coml. of any competent Court could be even set aside ine-
try in which it is used, or relied on. Singleness and vitably by a proof of error, in fact, before it was re-
marriage are not questions of status—they may be I gularly set aside by appeal.
personal qualities, but they are rather descriptive of al The argument being closed, the Court are under-
contract and its dissolution.. In fact singleness iis a ' stood to have given judgment for the conviction.

complex idea, and not a simple one. -
Huber limits the proposition as to the lex loci fur.i MARLBOROUGH•STREST.—HaNiihON, alias Fitzgerald,
ther, by saying, that it shall not be taken fur the rule I alias See, was yesterday charged with robbing a
where inconvenience world result from it. Here the gentleman in Sutton-street, Soho. The prisoner had
greatest inconveniences and dangers would follow only been two days out of Newgate on a similar
from adopting it. Suppose we had peace, and could I charge when he committed the robbery. He attacked
freely communicate with the Continent, any • couple the prosecutor, who is a corpulent man, by hitting
might go over, and in an hour, by mutual compact, him on the stomach, and he at the same instant
dissolve their marriage, and return free. snatched at the watch, but the chain broke, and be
In Potts v. Brown, 5 East, the Court gave effect • possessed himself only of part of it and the seal.
to a foreign contract, because consistent with our liw; Carter, the pugilist, is matched for a considerable
but in Smith v. Buchanan, 1 East, 6, they refused to 6111111, to run the celebrated in. Woad two miles. The
allow an American certificate to discharge a debt former is to receive we hundred yards at starting)
contracted here, because the law clashed. All the the match la to take place within a fortnight.


•

',Miring any hold of the constittitloa, and. a few times maielia.
'pietist,. cure. In the most obstinite cats perseverance will peo.
duce the desired effect; and tau remedy can be so well calculated for
children as this, for it requires no medicine to be taken inwarety.
Id common Coughs, MIS medicine is equally edicatious and inav
be retied on for massiwoinefl;and children, as safe and effettagi
In no case can this medicine be genuine unless signed on the 114 p.
per by J—Etccuz, and ever. stamp the names of " Shaw and FL
wards, t 6,.tittran's Cliurcla:yard," (who are the only Whnieak
Venders) engetvinkbetecin. ?rice es. and I!. ts. perbflottip:

'lO MEDMirIitEN.—GUESIOIEs.
ANY Professional Medical G2ntleman, particularly
those.tbat are walking the London Hospitals for I
don, and may be induced by litunealty, or lattathe mirt:e74,
study the happiness of mankind, by nownly almost Mead,
freeing them from the agouizing torture of the following ow
plaints, but likewise to cure them in a reasonable time, nuy
bringing with them Patients afflicted as under, who hivehe4
returned as incurable from any of the Londo'sitlatpitals,
see them receive such art worst of cure as .tio Other•hiechrtoo
can give, and by attending with the said Patients a ratan*
time, will see them, restored to perfect health, without sty r.
pence to themselves or the patietits but if they bring with t eta
Patientrthat have not been returned as being iacuraWe both mt.
of the London Hospitals, such poloist must pew theinwtalatio •
. . .

--Newts of Disorders, as alluded to above: aY descsiptions-a.
Gout, Rheumatic Gouty Rheumatism, Sprains, Bruise., or
tractions and Lassitude proceeding from any of the shove mos. •
plaints; likewise Pleurisy, BlHalo, Nothisks, Asthe6itit-,44
Consumptive Disorders; :Coothuactsr, la -ache, Sw-sche,abd
Head-ache, of all deseriptions.—Mr. B. On air axe Patinas at.
his house, No. 9, Great Surrsy-street, every Monti (ssaiii
excepted) from Nine io Twelie o'Qock.

GENUINE MEDICINES.
THE following MEDICINES may be protuarut .
genuine W.. 5 Vi and EDWARDS, No. in, St. P
Church-Yard; "'''''' ' '' 1 ' '' . • .
Hill's Balsam of Homer qO. .Juniper FAL-Plipponn. l• it
Essence of Waterdock 1114 Roche's .Embrannion no
Hallam's Bilious Pills 2 9 Robberds' Cough Drops. g p
Wessel!, Jesuits Llsops 2 9 Juniper Esc. Penipoyal lie .
1
Marshitr: (berate 'i- I+ Speedirnati's Pitts 2r
Church's Cough Drops ,2 '9 Spilsbury's Drops • • 4 Ofs
Amboyna Tooth Powder 2it Greeneugh's lozenge 1 11.
Cornwell's Oriental Cor. 4-8 Inglis's Scot's Pills . . 14f :
Widow Welch's Pills 2 9 Sal of. Lemons.
Keyser's Pills - 6 S Singleton's tie Oint. '11"04
Velno's Vegetable Ms 4'6 acKlbeFa's Balgain • ig 0
Newton's Tooth Powder '2 9. Henry's Magrunis 4of
Church's Pectoral Pills •..1 If Hooper's Pine.
.1 ii
Walsh's Antipertussis ..'. 2 9 Essence of Spruce. S O
Coltsfoot bizenges I li DurCble Ink
.. .
.. Er.
Amboyna Lotion - 4 6 British Oil 1)i
Weasel's SpeCific Rem. 2 9 Cheltenham Saha .. In '.
AU the above (those with the star excepted) will have the..
dress of" Shaw and Edwards, ti 6, St. Paul's," on the stamp,airlisrk
also may be had every other Patent and Public Medicine. .
Liberal Allowance to Merchants and Traders in gen, rat •

Another instance of the superior and wonderful efficacy of
Ma. LIGNUM'S ANTISCORBUTIC DROP:.. 4
Stx, North able:lds, Sept. 17, 1311.
IN gratitude for the very extraordivar.y cure Pei.
formed by your invalu>ble mrilleine,liseg leave to vete my
ease, and which I am desirous you should publish for the benefit
of suffering humanity. From a breise.l got in my arm when ship-
, wreckedoeveral large scrofulous ulcers were formed, accompadN
by a running of very offensive matter, which in tire years reamed
me so weak that I was confined to my bed for 13 Months: risinag
this rinse I made application to a number ofthe most respeeinge
gentlemen oOdhe faculty at airs plate and at Newcastle, from Wha*
I took great qiilititiffes of medicine, but at length pronounegtaiy•
case incurable, at the same time lamenting, tbat,un accounted.*
webausted state, they could not amput4te isty.arni, the
Bible hope they then had of prolonging my life, my
having gotta left me. In this deplorable state, loole.ag
to my dissolution, I happily read In the Newspaper debt
performed by your Drops; I sent to Mr. Appleby,
your agent here, for one bottle, from which I
.received'
ceivable benefit- my appetite returning, and the tdcwv in./print
considerably better; and by taking two bottles mates 1 was Ito
stored to a geed rate of health; the- utters completely 'healed,
and since which time I base uewtinueed perketiy Theis
inentable state to which I Imo reduced is wed known in at
neighbourhood. ens, Sir, guar obedient humble Servant, •
DAVID M'CLEAN.
Attested by Thew Appleby, bookseller, and
Robson, watch-maker, North Shields.
To Mr. J. Lignum, Surgeon, Manchester.
These Drops are sold in moulded square bottles at 6s. and Lb.
(one 14s. bottle is equal to three 6s. ones), wholesale and reed
by Mr. Lignum, Manchester; oleo retail by I. Evans and Sala
42, Len-lane, West Smithfield; Dicey and Co. Bow Church.
yard ; Barclay and Sons, 95, Fieet.market ; Slaw and Edward!,
66, St. Paul's Church-yard; Butler, 4, Cheapside; Neerbery all
Sons, 45, Se. Paul's Church-yard; Johnston, 15, Greek-arse,
Soho, London • Mr. Wolstenholme, York ; Mr. Walker, New-
castle; Mr. RAlciatt,lo9, South-bridge, Edinburgh; Mr. Bang,
Candlerius, Glasgow; and by every respectable Medicine Vi.
der in every Market Town in the United Kingdom."

•

-

MAKRIA.GE should be the foundation'at Socid
.LY.L Happineu, winch is *Mee disturbed through the prude
that krm the union not taking those precautions which would".
cure them the enjoyment of that great domestic blessing. Pencil
of event rank pay adoration to thesistine of wedlock • bet whet
the constitution has been tainted .kytiwaso, or .debilitated WI
certain habit contracted at an early.age, a renovation of 'With
previous to entering that state is indispensibly requisite totes's/
the slumbering sparks of Ilk, and to reanimate the system.
no disorders have contribeted more essentlay to destroy
n eal happiness than those which are the couseAuence of'
pleasure. It was this consideration •Which indpmd
CURRIE and Co. for these last twenty years, to direct
dies and praCtice exclusively to thitreittnent and ate[ s'
nereal Disease, and the disorders Itrisibt thirteen+, di amp&
derangement of the system, products' by tlittvlintiunios tibia
;the inconsiderate sclusoi-lsoyi winch . Wings en those
Debilities and Defielenau that prevent, or embitter the.,_
monial state. The successful result of their ilul Is.
additional ardour to dppisse the mitre of tM ousgliawst
daehicb are..the most Important in the catalogue at tonamity•
tables. It behove.. Evart ;pined Who llas‘ininipd bOtl.__,
buy vise to seek relief by .consulting professiohil laaajorr
since and honour, to Which Messrs. Conti sad Ca till
unction of scholastic authority, as well as the tssiliinaybiNg•
contradicted tuts. •lo proftssing the cue ortilenithirldo"/
they hold out no inducement to vice ; but, toefle le sillira
must be of the existence of such caLunities,lhellgtosigt
since as regularly•educated Members of the ito
burgeons Of London and F.dinborgh. • •/ -
Means. Currie and Co. have selected thhiblistObelleloll.
agewi
the many they are daily receiving, from Oluider.ol.4.l
them thanks for their restoration to sound sad
It was sent to them unsolicisidtteen the sop •
who had laboured under this diiiitesilaj' • I
ten years; he had been under thilicaSsi.oft
professional eminence, none of .cabers t....+
relief ; but from the superior mode of - -it
pursued by Messrs. Currie and Co., he seedling i - -,
.-..., •
The short space of one month. ' • •-•
" To Dr. Currie, 107, Hattori erialifir .
" Lord —s— feels great pleasure in - ts.,
Currie the-perfect re-establishment of hi/ Ambit, 11l
of his mild and adurrabloircatment of Strictures ill,tl* i t
He may add, that he has not for many years, liters .1, A
comfort and freedom from pain; and be entorank IsS.,...dig'
his haring obtained, through big skill and att - . . - 1P
radical cure of that horrid complaint. Ash i... h.lhe , i
to the manner that others treated the -. 1, ~- • '
power, from a fair trial and ajitst -.- • ' ~ gjg
of applause' , Dr. Cditii **eh be isuift..
~

and books of test writing, the ,
ojuurds, a
ge isCocualrltedChthriestßiain:pFsuvriiac
pointed them (scat. 1466). In 4
, _

BIRTH.
• Yesterday naoralag. at Ohoucestar Lodge, Bromptea, the Lag,
of the Right Hon. George Cpoing, of a son.
HOOkINO COUGI-L CURED ,WITHOU
DICIN'E.--ROCHrS ROYAL EMBROCATION.
MANY thousands of Children are cured annually
ATA by this remedy; on the litYt attack an immediate apps
Won of ROCHE'. EMBROCATION'trIII prevent the edispiiht
I",:taWng any hold of the constitakioa_ led • a

of appiatne to Dr. Ctirrie whida be alibi/ Sews age ,
be most ready and willing voidintlifilelibi."-
Messrs Currie end. Co► test w olia**lbllZilt
Sex, with the greatest seerecr Spd 1.1 curl' r, 11!:. •
JOT, Hatton-Garden tor
LONDOOI Printed Ecur kitras=or,
PPS
published theses ana Oki ce
- .
•