The Statesman.
London, England, 1823-02-21 00:00:00

DORSET ELECTION.

Dorcheter, Feb. 19.
Yesterday being the time appointed by the High She.
riff of the County of Dorset, to proceed to the nomina•
tion of gentlemen deemed fit to represent that County in
Parliament, a trv.ist numerous and respectable meeting of
the Freeholders took place in this town on the occasion.
After the preliminary form had been gone through.
Col. Frampton Proposed Mr. Batiks, and was seconded
by Gen. Mitchell.
Mr. Farquharson proposed Mr. Portman, and was se-
conded by Mr. J. Calcratt, M.P.
Those gentlemen addressed the Freeholders at canal*
derable length, when the show of hands being desired
by IV. C. Stunt, Esq. the High Sheriff, he declared the
majority to be considerably in favour of Mr. Portman.
Mr Calcraft then moved a rote of thanks to the High
Sheriff. f tr his impartial conduct, which was carried with
loud • a nations.
M . !Unites demanded a Poll, arid the elec►ion is fixed
for Wednesday next.
Nothing tan exceed the popular and enthusiastic feel-
ing which is nia,lfested tlir.rogh the'CouJiy, by the
Freeholders, to support the interest cif that most amiable
and worthy character, Mr. F.nor.n.

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tITO THE EDITOR OP THE STATESMAN.
Elne—A letter appeared in your paper of the oth lest. sip-
ed by Messrs. Charles Herring, Wm. Graham, and J. D.
Powles, professing to be an answer to my previous exposi-
tion, containing certain official correspondence between the
late Mr. Zea and myself. together with various, notorious
fists relating to the new OM ernment established in Colom-
bia in May ISM.
The public will rektilly have noticed that the authors of
quit letter, entirely overlooking the main point of the ques-
tion, or rather the only one relating to the Colombian Loan,
have descended to &Weeded personalities by ne means con-
wetted with the cOntiet at my exposition. and confined
themselves to a garbled quotation of facts disfigured, from
which they draw inacourate conclusions. lem fully aware
'that to seek to answer such •a,production would be a fer-
f.onal degradation to myself, et logs of time, as well as au
wadee trespass on the attention of the public. My princl-
pl.l and the character •I have ever held in society never al-
lowed tee to take isit' my pen unless to•state facts with cor-
llMness, propriety. and candour, particularly when my ob-
ject is do inform the British *little respecting operations of
the !jibed importance to theinselvcs,iu which unfortunately
EtahyTineocent persons are involved.
--11'or this reason I do not hesitele now to speak plainly, al-
thetigh my communication is ezeliaively intended for the bens-
albYthe public, who,after what has passed,hotveevery right
tb took for better information and more cattalo date on this
subject than they have hitherto been furnished with. With
this view only do I presume to otter the following observa-
tion& :
Tile principal point relating to M. Zee's powers, by tiro
tae of which the Loan was nesociated. granted, as they
were, at Angostura, Dec. 24., iSISI. by General Bolivar,
President ad interim, under the authority of a Congress
seamed proeisionattyl, and pot elected, certainly Is not whe-
ther these powers were at that time legitimate and valid:—
They emanated from the only regular Government then in
the conatry. although Willy provisionally imaituted, yet in
tlan best manner the circumstances of the war allowed; and
if Mr. Ze. bad made qse of them in 1820, when be arrived
here, or in part of IStl, that is, previously to its being
Mown to Estelle with certainty, and with the evidence of
iubliedoeummits, that a new, regalia% circled, and perma-
itt qovernment had been formed In Colombia, subsequent
the entire liberation and hidorporetioil of New Granitchi,
and that this nee Giosorement had (matted a new Conalltst.
lion. chosen nem Childs. ditkorities, dad Magistrates,
(Whoa* provieional powers had all been surrendered into the
herds of the (•ongresa,) soy Loan Mr. Zea might have Ne-
gotiated at that time would doubtlessly have been valid,
and received the sanction of the Congress. when they first
assembled, or were duly infoereel thereof. The main and
Indy question is, whether, Wet existing circumstances,
the pewees so granted in 1819 would he valid in March,
Ifte. when Me President and the Congress, both provi-
firma& and from which they emanated, had ceased to exist,
by thiefermatitia of a new Gerernmeat is May, ISM, es
the semi of weer/antes published in the European prints
folly prove ; and when, in the meanwhile, a new Constitu-
tion had been enacted, the 38th Article of which expressly
dstelares " that t:.a power to contract debts on the credit of
the Repub:ic exclusleely belongs to lbw Congress." Dir.
tinauelempora et conciliabis jure.
With eonedence, therefore, do I now assert, that it is self-
erident, the powers alluded to were mall and invalid in
Diarch 1922, and that all contracts made by virtue thereof,
so Tate as the period lkst named, are irregular, of no value.
sad saneot be binding in any respect whatever. No man
At truth and reason can deny the invincible force of this
truth ; because it is plain shit clear, tad founded on those
striuelplets which tulle men in their intercourse with etch
mikes.
• Messrs. Herring. Graham, and Powles, either as a com-
pany or individually, had sent an Agent to Colombia to
*akd contracts la their name, end this Agent had remained
there, one or stare years. without entering itdo any, and in
atm mean time it had been publicly made known. either by
Zotiddo Iliewspipers. or Loudon letters, that the above corn-
Palry of Werring. Graham. and Pewits. had dissolved part-
I stlelshig.'that they had failed, or died, under this supposition,
let see esir., would he. the said Agent, have been acting law-
fully Nhe hid then made nse of the powers long before re,
!Wised fees theme If after the knowledge of the above eir-
Waspatopees, ha should have entered into contracts, would
the executors or assignees of the above Gentlemen now
alerthetheei valid? When so material and peblic a change'
Wass place, • the powers this delegated must be renewed ;
otherwiseihey cannot be valid, particularly after so long a
lapse of time. The virtue of an ordinary power of attorney
etsksesYrom the moment the party who granted it dies ; and
fee dee holder to make use of it, after this event is known to
Late taken place; is, I believe, by the laws- of this and
every other country, a criminal assumption.
this point the Contractors have not and cannot answer.—
Beth in law and equity powers only last as long as the per-
son or authority who conferred them lasts. The eentrary is
the case, when powers continue hi force unaffected by any
regal Interruption. Then, in ordinary cases, that their sir-
tute.easy cease, a specie' revocation is meessary; and even
C.is Mr. Zea had received in time, as is proved by his own
setrigen declarsticias to that effect.
Messes. Herring, Unlearn. and Powles must have also
heap fully aware of this fact. Here let me ask those mo-
nied men who supported and joined them is the original
contract, as well as those persons who subsequently bought
the stick, whether, at the time they were laying out their
ospasyy. , they supposed that tne special powers held forth
and used for the eoatract emanated from a government,then
really tit existence, or one that had ceased to exist for up-
sestsW ea year? In the Bonds, the term "by virtue of
special powers'? is inserted ; but the date Is carefully
orititted, which 'naturally would not have been the case
heck the -powers alluded to been new sad valid ones.—
Of *is distinction the Contractors themselves must have
beet sensible ; but they probably believed that by realising
What they considered the advantageous terms of the *vitals ;
by 4aet4sing eulngiutos on the Government of Colombia
end its President; by forming a strong party here in their
favour ; by holding out the threat of a a .crifice of honour
end credit—they would wrest from a young and distant Go-
/erne, rut a sanction to their contract, notwithstanding it
eras irregular, opposed to the new Constitution, and unjus-
tifiSble in every sense.
.* Among the many proofs that the Contractors themselves
were aware of the new order of things in Colombia, the
quetatton in the very Bonds of the new Tariff of Import end
Export Duties. sanctioned by the New Congress on the 26th
September, litil, that is, subsequent to the formation of the
Constitution. is the must evident; nay, these very duties are
therein mortgaged to the payment of capital and interest of
the lean. Why did net the Contractors rather stipulate for
the Tariff of Import and Export Duties as established at
Angostura i Their answer to ibis query must of itself lu-
yrditate the powers they were using in March. 1029 ,• the
ohj.e.tion being the same, that is, it was no longer &force ;
--wed their knowledge of this feet, by the very quotation of the
new Tariff Iti their Bonds, th-y formerly confess. Yet
09 this vial point they now observe the most profound
silence. as well in their cemmuuications to the public, as
at the meeting of the Bond-holders hetd on the Ilth of last
.1 unitary.
It is this evident invalidity of Mr. Zee's powers, and the
undue use madeof them, that must and will render that Gen-
tleman's Loan oull and of no effect. The Congress of Co-
lombia, with all the accompanying facts before them, never
min sanction such a contract; because it is in direct s iota-
Son of the Constitutioti tney themselves have formed and
published to the world; because neither the contract, nor
the appropriations of the money emanating from it, have
been authorised by any power emanating from the existing
Government. I feet confident that in so doing the present
bond-holders will themselves readily acknowledge it acts
tight, when all the facts are before them. in this eouipli-
cated affair. I feel satisfied the Congress and the Government
of Colombia aid act with strict end impartial justice; but
they will not be brow-beaten or admit of any collusion. The
whole must come before the Pcb:ic of Engtand and of Co.
Nimbi& in its naked form ; and the sooner thereat bond-hol-
ders look to their own interests the better : they have the
'Gleam declarations of Cie Col,.intbian Executive already be-
fore them i the bases of these declarations cannot be over-
turned. 'lle Congrese for the present cannot alter the Con-
stitution they have Clif. et ed ; and if, in the due course of
time prescribed by law, they should think proper to make
any violation, this can never have a retrospective effect;
particularly es regards past operations undertaken in ci-
trate opposition to the known and express provisions of the
same. .

This sn46Jeetfljs *IWO tarried furtliii:
expected. On some future obeasiou I shall lay before the
public other observationeboth with regard, to.Ml,Zes's de-
bentures, which were the real origin and the ohlrohjict of
the Loan, as well as regarding the terms of the contract fur
the Loan, with some othbr particulars. .•.
To conclude—l must assert, Ist, That I have never re-
ceived any sum of money from Messrs. Herring, Graham,
and Fowles, either as Commissioners from the English cre-
ditors of tee Colombian Government, or as Keats irote the
said Government, or as contractors fur the Loft. No order
or receipt hes been given by meander any of those respects.
2d, That I applied end much less urged on any oc-
casion for the payment from Mr. Zea of any sum on account
of any Loan.
The Government at Angostura furnished Mr. Zea with a
considerable sum of money, part of which Mr. 'Lea placed
la the hands of Mr. Drool, a merchant in London. Besides.
Mr. 'Lea, in February or March 19.21, received from a mer-
chant of the United States. thee in London, as I understood,
the sum of 30,0001. on account of the Colombian Govern-
ment.
I request you will have the goodness to insert in your va-
luable paper the above statement for the information of tie
public. I remain, Sir,
Your most obedient servant,
Feb. 17, ISM LUIS LOPEZ idENDEZ.
No. 6, Percy-street, Rathbone-place.

(ZURT OF [(MU'S BENCH, WgSTMINSTIift, Feu. ?.0

SIR D. OGILBT AND WIFS V. CRANNON AND WITS.
This was an action for various libels published by Mrs
Cbannon against Lady Ogilby.
The plaintiffs' case was conducted by Mr. IiCARLIMT
and Mr. GURNEY; and the defendants' by the SOLICITOR-
URNERAL and Mr. BARNZWALL.
The trial of this cause lasted nearly the whole day.
The alleged libels consisted of anonymous letters sent to
Lady Paxton, Lady Des Anges. La ly Nollekins, and Mrs
Lewrs Des Anges, respectively, reflecting in terms most
scandalous to the reputation and character of Lady
Ogilby. It was alleged that the defendant, Mn. Chan-
non, was the authoress of these letters. It was suggested
as the occasion of these attacks upon the character of
Lady Ogilhy, that she had declined introducing Mrs.
Channon to Court in the month of May, 1821, and
omitted to invite her to one of her parties in the month of
June, in the same year. The ladies and their husbaods
had precious to this transaction been on terms of mutual
visiting intimacy. The slights above-mentioned were sup-
posed to have generated in Mrs. Channun's mind a vin-
dictive tieing of hatred towards Lady Ogilby,
felting itself in an intention to blast the repotrion
of her Ladyship in the estimation of her coins
mon friends and acquaintance, by means of cir-
culating anonymous letters, imputing to her Ladyship
such conduct as disqualified her from a4sociating whit
persons of her own sex who had any regard for virtue or
their own reputation. The four anonymous letters w hich
wete the ground-work of the action, professed to be a
friendly caution to the several ladies to whom they were
addressed, against "a woman named Lady Ogilby, who
had for several years been in the ,back ground. froth a
very good cause, hot had lately got into notice. A per-
son who had been in the habit of associating with time
most diseusting creatures, and that her only fear was of
being found out; that her policy was (as time writer un-
derstood) to attack people's characters, both married and,
single, tor fear of being known herself; that it was ne-
cessary to caution respectable families into which she had
obtruded herself against her society ; that the conduct of
her horrid sister and of herself could not escape notice,
from the lewd way in which they bad conducted them-
selves towards men in company, and in their artenmp.s to
ape the manners of women of fashion." These letteri
were signed " A Friend of Morality," and were respect-
ively addressed to, awl received by the ladies strafe
mentioned. The principal struggle in the case to prove
that these letter. were in the Linn writing of Mri. titan-
non. 'I he letters were stated to be in a disgqlsett kW'
welting, and several witnesses were called' 111) defiant tea'
Mediae, that they were written byirailtrimwtoi4 t
'whom expressed their belief that y were written hy
'that lady ; but their knowledge of her hand *citing was
only derived from occasional notes and visiting lards.
Mfrs. Mr. A Ilf..er, a schoolmaster of Sussex, who bail taught
Channon writing, sixteen years since, deposed to
'the same effect; but his testimony was founded merely
from baviog seen her signature to a note of hand, and a
letter of her writing, within time last two years.
Sir Francis Desanger spoke to the fact of his wife
having received one of the letters in question; but he
'stated his positive belief that none of the letters were,
written by Mrs. Channon, being of opinion that they
acre not of her character of hand writing. It appeared
that the defendant's attorney had obtained a Judge's or-
der far the production of the letters before trial, in order
that they might be seen by such witnesses as were in-
tended to be subporned on behalf of the defendant. The
plaintiffs attorney had obeyed the order, but the kit-
oesses did not appear to inspect the letters.
Ile substantial defence set up was, that the letters in
qaestion were not of the hand writing of Mrs. Chanson;
and that, in fact, she knew nothing of them.
A great number of witnesses of respectability, who
were visiting acquaintances of Mrs. Chanson, and who
were acquainted with her hand writing, from having re-
ceived occasional notes from her, during the last two or
three years, expressed their positive opinion that the let-
ters in question were not her band writing.
Sir It. Steele, who has hcen acquainted with Mrs. Chan-
non for five years, and ha's a pretty frequent correspond-
ence with her daring that time, and was perfectly ac-
quainted with her character of hand writing, was quite
pusitive upon this subject.
No relative of the fancily, or early acquaintance was
called, to give testimony upon this point, awl although
her brother wsi in Court, he was not called.
,r Mr. SI antarr addressed the Jury, with his usual abi-
lity, in reply,
The Loan CIIIEF JUSTICS summed up the case ; and
the—
J ury found their vermila for the de!hnda,
COURT OF COMMON PLEAS, Fan. 20.

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