The Statesman.
London, England, 1823-08-09 00:00:00

- tbdl bind, in which Dr. Priestley had brought as action
mallet the Hundred by fire occasioned by a mob• and the
Cooatt there held, that as the books were of a sedition' no
' tore, damages could nor he given. But nothing was these
•aid as dto a criminal indictmentry against those works. Th.
Counsel then onset that he coin:arm' In the
whits expressed by the defendant, that his Honour would
readshe work.
TheVice-Crteneau.osi—Perhaps I might refuse this in-
, kaution on the principle of Isw, without reference to the
'reek itself. iam not capable of dealing with this case as
I sboold wish, for my mind has not been employed on such
subjects, and know very little of the matter. Although
Lae Court of Law may not refuse damages, it does not neces-
sarily follow that this Court would afterwards interfere to
protect a work which has gained a verdict at law. A work
not he in its nature the sishject of an indictment for
-libel, and yet it may be of so flippant a nature as not to de-
serve the protection of the Court. Some time since my
mind was loosely applied to a case of this kind. That was
a motion for an injunction to restrain the defendant from
the poblication of a song which hail been sung at Drury-
, lane gr at Vauxhall, and on that occasion I thought I could
not with a proper regard to public decency grant the in-
,) maim I will give this rive my best consideration, but
I think the first question is, whether the .Court of Equity
*would not in a case of doubt send the parties to a Court of
T.awto try the question of injury to public decency, without
pledging itself to interfere afterwards by the exercise of its
extraordinary jurialliction.—This case is deserving of the
grayest deliberation, as it respects the decision of a most im-
portant principle. I shall take the liberty of speaking to
the Lord Chancellor as to the principles on which he has
acted, and I will mention this again.
3lr. WAK Mahn asked for the continuation of the injunc•
Con in the interim.
The defendant opposed this aoplication.
The VICS•CHANCELIAR—In the case ofa patent the par-
ties are always oblige.l to try the merits of the camel law,
before the Court of Equity will ieterfere, and in the mean
time the party selling the thing which has been the subject
of a contested patent has been directed to keep ac account
of the profits.
Mr. WAKEFIRLD snrgested that by such a comae the
whole object of the injunction would he defeated.
'the Defendant said, tits Court. by continuing the injunc-
tion, would be itjuring bins by preventing the Isle of the
cony now on his hands.
Mr. W aKEPIeLD said, that the application of the defendant
amounted to this :—lle first declorril a work immoral and se-
ditious,and then he applied to the Court to be permitted to
sell the work, because it deserved such a character. The
Learned Counsel observed, that its had not used this argument
in the ease, because he wished to meet it fairly ; but he thought
the last individual entitled to the protection of the Court was
that person who could Invade another's property, and then jus-
tiry hi- self in such a manner.
The Vice-Cuaseera..• a—That re:nark is very true. but the
question is whether he has not such a right as he now claims.
In ex-parte applications for injunctions all the plaintiff has to
do is tb 'hew that he is the author, and that a piracy of his
work bas been committed, end the Court cannot judge of the
nature of the work until such a motion es the present Is made
to dissolve the injunction thus obtained. I am disposed to
think that a Court of Equity has no original jurisdiction on
these subjects, but is merely appealed to for the purpose of
rendering the legal remedy complete. I think the proper course
to pursue will be to send this case to a Court of lAw, and then,
although equity is not necessarily bound to follow law, yet it
will he materially assisted by it in becoming acquainted with
the nature of the work. However I will consider this cause,
witch I think of the greatest importance.
The case then stood over, and the injunction remains until it
is again mentioned.

FRENCH PAPERS OF WEDNESDAY.
PARIS, Ai'atsT 6.
ARMY OF TH E PYRENEES.—BULLETIN.

" YRS MAJOR GENERAL TO HIS EXCELLENCY THE SEMIS-

TART Or WAR.

Head-quarters, Trembtoque, July 30.
• Monseignenr,—l have the honour to inform you, that
the fort of Monznn surrendered, on the 2211 of this month,
to the troops of the Royalist Spanish General Santos Ladron,
who blockaded it.
" The little fortified town of Morella, in the kingdom of
Valencie, on the frontiers of Arragon, surrendered en the
20th, at discretion. to the Royalist General Capape. who
I.ad invested it about forty days. This fort was defended
be 150 men of the army of Ballasteros.
" The bawl of Montilla has been attacked and totally de-
stroyed. These revolutionists, after having /Mowed them.
selves in the province of Soria, had passed the Ebro, and
piqued by the Trappist, were rapidly marching between
Tiebas and Noain, with the intention of passing into Pam-
peluna, but, pressed by a detachment of the 12th Chasseurs,
they retraced their footsteps. While passing the Ebro this
band was attacked near Crdreits by Col. Labarthe, who
had waren vred for the prec. ding fifteen days to cut off
their retreat. lie has killed or takrn 27 men and 19
linr•ws. Montilla having fled, has been killed by an inha-
bitant of A rguedas.
6' GUI ',LEM I NOT, blajor•General."
van THE SIONITEUR.-offiria Part.]
The e
following letter was addressed on the 3d inst. by the
Minister of Foreign Affairs, to the Ambassadors and Mi-
nisters of neutral Powers :-
1 "M.---,his Majesty having learnt that his troops en•
tered Ferrol on the 15th of July, by capitulation, has or-
dered that the blockade which his ships had formed befoie
that place and Coruna; should be raised as to Ferrol, and
continue only with respect to Coranoa, according to the
usages of war recognised in such eases.
(Signed "CHATEAUBRIAND."
The following is an extract from a letterolated Perpignan,l
Aug. 2:—" We learn that Lloberas and Milans, at the head
of 8.000 men, were attacked at Cervera by a corps of from 5
to 6,01:0 French and Royalists, and that, after a very serious
affair, the Constitutionalists claimed time advantage. The
division of the Baron d'Eroles was at one time in great
danger, and would have been cut to pieces but for the
pr tnipt succour of two French re,timents. A great deal of
sickness prevails in the French Army: It is said that
wanly 5,000 sick are in the different hospitals of Catalonia.
The illness of the greater part is attributed to the unhealthy
situation of the blockading force before Barcelona; and it
is even added that this cirtaidistance has induced Marshal
Moncey to raise the blockade. This statement, however,
wants confirmation. We hear nothing of Mina."
Feline's FUNDS, PARtS, Aug. 6.—Five per Cents, opened
at 92 ; closed at 92; Bank Stock, 1,595; Neapolitan 5 per
Cents. 76a. Exchange oo 'London, one month, 25. 75.;
three ditto, 25.55.
On, Monday last, Mademoiselle Darnerin ascend-
ed in a balloon, from the Champ de Mars, in Paris. A
few minutes before 9 o'clock, the balloon went off beautifully
towards St. Denis. When at the height of about 300
yards, Mademoiselle Gernerin discharged a small quantity
of
mod ballast, and subsequently repeated that mode of in-
creasing the velocity of the balloon. It was nearly dark
when she had been away tee minutes, so that it was not
without difficulty her progress could be traced ; but with
the help of a telescope she was seen to release tbe para.
' mute and begin to demand. The place of her denims was
at Boarge, soar St. Denis, nearly three leagues distant
from the place of her • ascent. The number of spectators
is the Champ de Mars was estimated at 20.000 ; those who
were placed on the outside in the environs at least at 100,000
—The garden of the Tuilleries aid Luxembourg were
also crowded. The prices of admission in the Champ de
Mars, were 40, 5, aid t franc. The 40 franc customers
were of °Germ not very numerous. The day was exces-
sively hot, aid the mire of a glass of water tip.* the
ground was at one time 25 sous. The balloon was not more
than two-thirds Weds to prevent its travelling to any eons
aiderable distance.

DUE.

♦IR.

DUI.

_1.... D 0 I ....RoMind
I ....Waterfori•• • . . 0 0— —Hombre
0....0 & Jersey....o L'...Frasee 0
0.... Lisboa 9 0 ...Flinders
O. ...siottenburg. • • • 1 IL • • • Malta

PRICE OF STOCKS THIS DAY AT ONE O'CLOCK. •
Bank Stock
3 per Ct. Red
3p. Ct. Cons
31 per Cent...
4 per Cents...
New Fours.. lOO4 5me11.....30 33s pm.
Long Ann.
Imp. S per Ct

Mite imtatelsman.

SATURDAY EVENING. AUGUST 9, 1823.

STOCK EXCHANGE, 12 o'CLocc—Consols opened at
82a, at which price they remain,with little business doing.
Various opinions prevail on 'Change in regard to the fall of
Coranna, and the defeat of Bellasteros. The expresses from
Paris this morning brought French Rentes at 92. ZAI—
Spanish 361—French Scrip, at Paris 2to 1 prem. In our
market there is but. little doing in the Foreign Funds.

Colombia 664—Rosgian S.sl—Freach Scrip 2j
Spanish Bona 311 33.

We have received this morning, by express from Rail.
the Pilule of yesterday, of which the following are ex

tracts:—

TELEGRAPHIC DESPATCH, TRANSMITTED TO BAT
°NNE, 6 AUGUST AT NIGHT.—The Major General to his
Excellency the Minister of War.—The advance guard o f
General Molitor has dispersed on the 25th, near °clad':
the whole of Ballasteros's Cavalry. On the 27th Grenada
was occupied. On the 28th General Molitor completely
defeated Canapillu. Not a night has interrupted the des
patch.

They write from Bayonne of tlie, 3il August, that
the Governor of Saint Sebastian bee given a nevi' ve
ewer to the flag of truce, scot to him by Marshal Lanricon,
to surremler the place.

The ilonitcur published to day, a short Telegraphic
despatch, upon which we shall make aims observations.—
We do not wish to throw doubts on the information it trans-
mita, but we should wish to give some explanation
to our readers, on the subject. We read in the Tele
graphic despatch, that the advance guard of General Molitor
dispersed on the2sth,near Guadix, the whole of liallasteros's
cavalry; but it is to he recollected that the official journal
announced, that Ballasteros was on the 20th at Jaen, sur
rounded on all sites. Then, bow can it be, that be was on
the 25.11 at Guadix, which is at a great distance from Jaen .
and defeated by General Molitor ? A great number of letters
have been received at Paris from the army. They all agree
that General Molitor's army covers a great extent of ground,
and is too much dispersed to attack the mealy, if lie appears
In force.

We also read, that on the29th General Molitor completely
defeated Campitlo. This is a manifest error. The Con-
stitutional General Campillo is at this moment with Quiroga
in Galicia; and it is almost impossible, he should have
come to the environs of Grenada to fight. It might be
possible that an action has occurred, at a place called Cain-
pillo, between Grenada and J4ell, and that our troops have
hail some advantage. It is said, that a great number of
wounded from the army are on their way to, Bayonne.
Positive information has been received at Paris, by pri
vate letters, of an affair very serious in Catalonia, on the
27th; that the corps of Baron Eroles, was severely ha n
died, (forienscat compromise) and be only owed his safety
to two French regiments nhich came to his assistance.
It is affirmed that the great number of sick in the army
of Catalonia, was the cause of Marshal hloncey to retre-
gado his head quarters.
The following was posted upon 'Change, by order of
the President:

" A Telezraphic despatch, commenced the 6th. and
terminated on the lth.

The 25th,—Gen. hltditor was near (Nadia.
The 27th,—Grenada wss occupied.

The 28th,—He defeated at Catnpillo de Anton*, the Ca-
valry of Ballasteros, who has returned into the nionntains
of Cantla. Gen. Foissac Latour is at Villa Cerello. tie.
Gera! Loverdo has returned to Guadie, and is in the rear of
the enemy, who wishes to come to terms."
This news appears rather equivocal. It does not state
that General Ballasteros demands to treat, or to make an
arrangement; therefore we must wait for further details.
Letters from Cadiz, of the 21st, announee that the inha-
bitan•s agree with the troops, and are determined to defend
themselves.

(Faun THI ICTOILB OF VIZ 7Til AUGUST.)

OH THE HEIGHTS OT CORUNNA, JULY 22.—Since the
brilliant affair which has made us masters of the heights,
the enemy have not made a movement. We are going to
send him some bombs, and before 15 days, in all probabi-
lity, the tows will surrender.
We have received, by an extraordinary Courier, the Ga.
zettes of Madrid of the 21 of this month.

The Regency has received intorm Ilion from Cadiz, of
the 27th July. The King and his august family were in

good health.
BARCELONA. Jut Y 29.—1 this moment learn that a force 4
contribution of four millions of piastres haa been made on
Barcelona by Rotes, who is the Governor, whieb has caused
great discontent amongst the inhabitants,
We Lear from Madrid, by an Extraordinary Courier, of
the 30th July, that the division commanded by the Prince
Oeuerallissimobas experienced on his march a storm of
rain and hail, the most severe ever experienced in that
country.

. THE STATESMAIN.