The Statesman.
London, England, 1821-02-27 00:00:00

-rfit SIA'

Or NAPLES.

sinimanswnwolooolir.
at Naples. The result of this important step will de-
cide the fate of the kingdom of the Two Sidlies.
The fierlaration then adds, that orders a:merle for
the army to cross the Po; that there is every, reason to
hope- that no resistance will be made, the people being
devoted in general to the King, and dissatisfied with
the present state of affairs; that if unhappily such re-
sistance should be wade, at to bring about a formal war,
the Emperor of Russia, convinced of the necessity of
putting down so great an evil, will join his fortes to
those of Austria. The Allied Sovereigns have no ob-
ject but their duty to their own States and the tranquil-
lity of the world ; thins the whole secret of their pa
licy, and they will bless the moment when undisturheti
by foreign concerns, they may devote their care to •the
welfare of their subjects.
(No si[From gnatures or date areappended to this Declaration.)
the Frank/bre German Gazette, Fei. 19.]

.).,
..a.
fiIbeLARAtION OF THE ALLIED SOVEREIGNS.
-'.
Atter many political stories, the kingdom of Naples
wakin the reef 1815,'restored by the immediate *islet-
aulkof the harrie Irma fo the paternal government
it its legifinsate King ; the two halves' of the Sicilian
,patty: Wbiefi bad been so long separated, were re.
'Mid the wishes of all well-disposed persons were
by the happy prospect of durable repose. The
i • hatettlieriod of the Foreign Government had, however,
Scrireld an intermit enemy, who bad been long danger-
. •r, •
oils. to the repose of the Italian Peninsula: there had
existed for many years in the kingdom of Naples, es
well uin other parts of. Italy, a sect working in the
dirk, whose secret Chiefs considered the total overthrow
• 41 alLthe Italian Goveriments as the first step towards
ihe . etecation of these extravagant plans. At the nso-
.
meat when Murat thought to support his falling throne,
-by the desperate attempt to conquer Italy, despair in-
• spield him.with the idea of calling to his aid those same
.:_ieelionari whom be had more than once combated, and
: by this unexpected alliance gave to their criminal cabals
un influence which they would otherwise perhaps never
_ have obtained.
The vigilance of the Royal Government, its evident
endeavours to introduce into all branches of the ethui-,
'visitation essential improvements, and the general itt•l
. tachnient to a Monarch who had gained the hearts of
his subjects by his paternal kindness, baffled, during the
' first years after the restoration of the legitimate Govern-
, •
dnta.ti all the further enterprises of that sect, and like
...envy other similar societies, it would in time have fallen
,;Vito oblivion and insignificance, had not the events, of
•Which. Spain was the theatre, at the beginning of 1820,
' itivenit new energy. It now doubled its activity, and
by the contagions influence of fanatical writings work-
Ant on people's minds, soon increased its influence so
`-lliteth, that the laws and the police were no longer
strong enough to cheek it. It diffused restless activity, a
spirit of discontent, a disposition of hostility to the
Government, sod a passionate longing for innovation
among all classes of a hitherto Ott and contented yo-
lk, and it succeeded at length by persuasion and strata-
tem in seducing a part of the military from their duty.
Supported by this moat criminal of all measures, the
sett caused time revolution to break out in the beginning
of July. The history of this cannot be more correctly
given than in the eircular letter addressed at the time by
the Minister for Foreign Affairs ionnediately upon enter-
leg upon his office, to the Neapolitan Ambassadors at
For Courts.—(The passage relating to the desertion
of the regiment Bourbon, on the night of the Ist July,
is here quotemil—The first victory was only the prelude
to a decisive blow. The next day the rebels forced the
Monarch to proclaim the Spanish Constitution, and tie-
stranded-fonta his Majesty, the Ministers, the public of-
ficers and the troops, a solemn oath to this Constitution,
which in a moment of terror and confusion, and with-
out any preparatory step, had been made the fundamen-
tal law of the kingdom.
The. King, when he made the first promise, had done 1
the utmost to tranquillise the inflamed uminds; and
though his Majesty perceived bow absur' the demand
was to complete a new Constitution in eight days, yet
there were still hopes of proceeding *th more delibera-
tion wfien the first exultation should be over. But the
seconelt demand (the mosaic: of a foreign constitu-
tion) bore the stamp of its origin too clearly to have
any doubt of the real situation of the States and the
Monarch. Only violent threats and actual force could
obtain attention to such a proposal, which compromised
tt,e welfare of the country and the dignity of the Sore-
reign, and nothing bat the wish to prevent great evil
and great crimes could induce his Majesty to give a
momAtary assent to so precipitate mind ruinous a mea-
eare.--(The declaration then proceeds to state, at very
great length the proceedings of the sect after this total
destruction of the Royal power, their filling all the prin-
ce ,
31 places with their creatures, and their attempts to
,
e t Fir usurped authority an appearance of legality
a national Parliament, which was an instrument to
•enrertimrowiet pleasure all existing rights and ordinances.
ins Rile, sensible that oppositton to so unnatural a
state of things, which could not last, would only ea-
rteae-er.his person, his family, and his country, bore is
silence... All well disposed persons, even those oho first
.heped some good front the revolution, are now cm:m-
ewed of their error, and the people are uneasy ; this is
the cause of the apparent tranquillity which prevails.
These events made a great sentation in all Italy and
••Faye a just alarm to all the neighbejering Soiereigns,
who could not dissemble that the internal peace
sod welfare of their States was endangered by such an
example.
His Majesty the Emperor was soon convinced that the
peace and tranquillity of Italy would be destroyed for a
• long time if the out ors of an inexcusable rebellion
were allowed to sacrifice the Sicilian Monarchy to their
absurd 'resumption, and however painful it must be to
` Lis 111 esty to interrupt the p
i
rogress of the measures
Which rwaa pursuing for the welfare of his subjects,
and hey anew burthen on his finances, he could not but
purifies every thing to the performance of his most sa-
cred duties. The assembly of an army in Upper Italy
was ibeolutely necessary, and is acknowledged to be so
by all friends of- order in Europe. Its beneficent effects
in Italy, and even in Naples itself, are recognized in all
It*ly. .
its tlajesty went to Troppan to discuss with his Allies
efalis not interesting to Austria alone, but to all Ea.
Ape, thongh particular relations and motives hindered
the British Government from partaking in the further
resolutions of the ether Courts, and admitted the um-
. sign of.:tbe French Court only, under certain conditions,
Lis Majesty had the great sattafartion of finding himself
• perfectly agreed with time Monarchs of Russia and
preOtarrit the questions in debate, and convinced that DICKINSON V. cares.
the differenceon opinion and proceeding could not affect
the:tmerwftry of Re European Courts mo the uniformity Mr. Serjeant Vacouast stated the plaintiff's ease.
He said the action was brought on a warranty given
of their wishes and- eiterttons.
Thongh the Monarchs were resolved not to recognize by the defendant on the sale of a horse to the plaintiff,
theiegallty of the proceedings at Naples, they wished and the breach of the warranty alleged was not that
to attain fimeir.ebjectin •an -amicable manner, and in- 'which was generally brought before a Jury, as it was
vitektbeßitneorNaplete to haybach. The King was admitted that the horse was sound both in wind and
ohliged,eby the siewConstitatioe, to ask leave of the Par- limb,
but the complaint made was, that his pedigree
-liatumiS to.qpait his kingdom. 'this leave - was granted,
bad not been Only represented, he having been *oldies
hut oust itilditieis *alike Spanish Constitution should
i 110 Ulll4 aka n efil la CP MA ti 0 9 hisk those who -imposed ie. w the son of the superior horse called Cheshire Cheese;
PeeW It.baffle all is om:qf errongetnent. The King whereas he proved to be the son of Neptune.
Ulth th cinditiin,lcad ten re vr
gnirce but in the justice Serjeant Lats and Mr. Termer, forthe defendant.
anti te fn of)hicengeit filenda. applied to the Court for a nonsait, on the ground that
Whegattelfaig AuAe to Layleach, he soon found that the calling the horse in question the son of Cheshire
It would. Inateinoto ado proposal on *condition alas°.
Cheese, was mere desctiption, for any mistake in”
Wolf rejeabl* Zolereiros, who frankly deiared
that .ves Itotionffee thccontalpuance of thcpresent whiCli'llst getendaut ryas net liable. unless it could be
order a g at llifphe.,,iod kb if. it Were not anti• pnived that he had, ibostingly, falsely described. the
eably
iiiiii
T • ' ;ink
mai be.employed,.that they left it horse at the time of sale, for the purpose of deceiving
who •I 14:9f ro:rn'il Pr°.llll p just. anti wise the Olaintlirt but the word " warranted' homy it
Constm %Mb "tllrmaje-iy *tote in consilitenri a pa- *I. 64 reeds ki, r
tenet ltntlietip Ms eiOest-suit, enforcing Ills 'duty to ie place -1..- .---tuil',;,;_k- eent144.144A....ea8ten11141;.111264111
his ainwileito fare*. sottatre," This letter wayticcom. littictr• ta the ee mr'w dthe ''''"'"9. ellidn' r''''
peeled ' uoirpos (tom theCabieetsof Austria, Rua- of lea not denied.
s'a. an ciasiohystheltnisters atANral aple and from • "The' Cuter Ji:wrlbWeeitirtetta' °
tWIf
the Ire*ihfali4
litpu
-Fietriptnekliary to*the Moist A/14 Court nonsuited the ?Wolin'.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Fn. 16.

CROWTHER C. THE ASSIGNEES Or CROWTHER, SENIOR,

• RANICRI:PT.
This was an action brought by the plaintiff against
the assignees of J. Crowther, plaintiff's father; and
the principal question to be decided was, whether
Crowther, the father, was or was not a hankrapt.on
or before the Ist of August, 1816: The circumstances
of the case appeared to be these :—John Crowther had
in the year 1814 visited the West India Islands) and
amongst others called at St. Domingo, where he i;aa
an interview with Christophe, King of Hayti, from
whom he took an order fur a number of carriages and
harness. On his return to London he employed per-
sons to execute the orders he had received, and had
every thing ready on the 13th of November. 1915,
which day he left London for Gravesend, ahete he
remained that night, and on the day following em-
barked for St. Domingo. On his arrival there he foisd
all his fond hopes of a profitable adventure suddenly
disappointed. Christophe required a duty of 40 per
cent. on the whole adventure, and paid Mr. CroWther,
not with money, as he expected, hat with sugar and
coffee, the prices of which were fixed at his own ar-
bitrary will. In consequence of this, and of some dis-
pute with the Captain, Mr. Crowther did not return to
this country at the end of six months, as was expected.
His creditors felt alarmed, and some time after sued
At a commission- 6f bankruptcy, and appointed as-
aiznees, against whom the present action was brought
John Crowther died in 1815, and was not in this
country since his departure from Oravesend on. the
16th of November, 1815, so that if an act of bank-
ruptcy was committed at all, it must have been com-
mitted before his departure.
Witnesses were called in support of the Commission.
—One proved that a debt of 41. had been due to him,
which he claimed before Mr. Crowther's departure,
but did not receive it for 15 months after. Other wit-
nesses were produced to prove that Mr. Crowther con-
cealed himself from his creditors before his depar-
ture, and declared he should never again return.
Witnesses were called on the part of the plaintiff to
disprove the concealment, and the alleilged intention of
not returning.
The Cuter JCBTICE, in summing up, told the Jury
that the question for their consideration was whether
Joon Crowther, the father of the plaintiff, had or had
not committed an act of bankruptcy before his &liar.'
ture in 1615; for any subsequent act of his, while out
of this country, could nut amount to an act of bank-
ruptcy. There were three points to which
they would attend. The first was, whether it was
their opinion, from the evidence laid before them, that
the bankrupt wished to delay or avoid the payment of
the small sum of four pounds, which was the only
debt proved to have been claimed. Secondly, whe-
ther they thought the bankrupt went to Oravesend the
day before his departure in order to conceal himself
from his creditors. And thirdly, whether they believed
it was his intention in going out not to return. Any
one of these would amount to an act of bankruptcy;
and if they were of opinion that John Crowther, the
father of the plaintiff, bad committed one, or all of
them, they were hound to find a verdict fur the de-
fendants ; if they were not of that opinion, they would
find for the plaintiff.
_ _

ie

w

...~ ,

............. . a....

.inwi.i

r .-
6

• 1t.... - • t