obtain a charter, but if they did not obtain their wishes, they must rest contented with the collective wisdom of the Legislature in refusing them that Charter. All therefore I will now say is, without giving any opinion whether this Company was legally formed or not, that no intention exists of disposing of it by an ex post facto law.

COURT OF KING'S BENCH.
Monday, Feb. 7.

CRIMINAL INFORMATION-KENRICK V. THE MORNING CHRONICLE.

This case was a charge of libel against the Morning Chronicle, for libels on- Kenrick, Esq. one of the Magistrates of Surrey, in commenting on the imprisonment and prosecution of the poor man Franks, a freeholder, who had been charged with stealing a piece of timber, not worth a shilling.-Mr. GURNEY had obtained a rule last Term to show cause why a criminal information should not issue.

Mr. ATTORNEY-GENERAL now showed cause against the rule, and gave the history of the proceedings against John Franks. Franks had a small freehold adjoining the property of Kenrick, at Betchworth. Mr. Kenrick repeatedly offered to purchase the freehold, but Franks refused. A charge of theft was brought against a daughter of Franks, ten years of age. Franks attended before the magistrate, when the charge was dismissed. Kenrick then said to Franks," Once let me get hold of you, and I'll make a public example of you."-Franks was subsequently charged with stealing a piece of board, value 74d. The Magistrate committed him, and said he was sorry, but that as it was a charge of felony, he had no other choice. He was treated with indulgence by the constable. After two months' confinement in Horsemonger-lane jail, he was tried in Guildford. The bailiff of Mr. Kenrick, in cross-examination, gave Franks a good character for sobriety and honesty. Another witness gave the same character. The Jury instantly acquitted Franks. Mr. Drummond, a Magistrate, who was present, made affidavit, that there was no evidence against Franks, that he got a good character from the witnesses for the prosecution, and that the Court refused to allow one farthing of the expenses. Here was full proof that the Justices thought the prosecution improperly instituted. They refused the application for expenses. Mr. GURNEY denied that application had been made for expenses.

tion was made.

The LORD CHIEF JUSTICE.-We are all of opinion, that when a person means to apply to this Court for redress for a libel written upon his cha racter, he must rely upon the proceedings of this Court to do him justice; but when a man, through the medium of the Public Press, takes upon himself the vindication of his character, and in the course of that vindication casts any aspersions upon a party connected with the libel of which he complains to the Court, and in his affidavit before the Court does not deny those aspersions, this Court ought not to protect him by granting a criminal information. By discharging this Rule the Court does not deprive the party making the application of all remedy.-Rule discharged.

CONSISTORY COURT.

BALL V. BALL.-SUIT OF DIVORCE.

On Wednesday, Sir C. ROBINSON gave judgment in this case, which has been some years, we believe, before the Ecclesiastical Court-Mr. Ball, it appeared, had been the manager of the Bowl Brewery, in Drurylane, and, on the death of the owner, Mr. Webb, had married his widow. Disputes soon arose respecting pecuniary matters; Mrs. Ball's trustees took legal steps against Mr. Ball, and much unhappiness was the consequence. At length, an improper connexion, it was alleged by Mrs. Ball, arose between her husband and her niece, a Miss Penny, who had long resided with her aunt; and upon this alleged criminal intimacy much contradictory evidence was adduced.-After stating the evidence at great length, Sir C. Robinson thus concluded. Looking at all the circumstances of the case, and, notwithitanding the absence of positive proof, and the specious argument, that all Mr. Ball's attentions to Miss Penny were explained by the natural affection which he might have had for the near relation of his wife, the Court, upon the authority of a similar case in the books, felt itself called upon to say, that Mrs. Ball had proved her case, and that she was entitled to the relief she prayed for.-Judgment of divorce for the wife.

ARCHES-COURT.

BARING V. BARING.-DIVORCE.

Sir JOHN NICHOLL, on Thursday, gave judgment in this case, after hearing Counsel on both sides. It was, he said, a suit of adultery proMr. Justice BAYLEY.-It may even be stronger in favour of Franks, if moted by Henry Baring against his wife. A libel had been given in, the Justices said that no expenses would be allowed before any applica-containing documents, stating adultery had been committed between her and Captain Webster. On the part of the wife no defensive allegation had been offered. Upon the perusal of all the evidence, it was impossible for him to doubt that the case had been sufficiently proved. Looking at the proofs altogether, and coupling the evidence of the mistress of the house at Craven-place with that of the footman who saw Mrs. Baring and Captain Webster going down the lane towards that house, the letters, &c. the Court could not doubt but that these parties went to the place for criminal purposes, and that an act of adultery had been committed. But the case did not rest here. The other circumstances relating to their visit to Cumberland-gardens; the wetness of the morning; the delay of three hours which they made, and their returning so late in the afternoon, all these, though spoken to only by one witness, if they had stood by themselves, would be insufficient to establish this charge, but when taken in

Mr. ATTORNEY-GENERAL.-He would ask now whether this was not executing the threat of "making a public example of Franks if ever he got hold of him?" Franks had served nine years in Lord Romney's Fencibles, and had been discharged at his own desire, and had obtained an excellent character from Captain Tennison. He had eight children. Before the trial, Mrs. Franks was in such a state of want, that she feared she must apply to the parish; but the clergyman gave her some money, and advised her not to apply for parish relief, for the parish officers might then sell his property. Mr. Kenrick wrote to the jailer to inquire how Franks conducted himself; stated that his wife had applied to him, saying that this would teach her husband better in future, that he was sorry for it, and would be thankful for lenity. He added, that Franks might plead guilty, and that he would obtain a lenient sentence. He said fur-connection with the circumstances in Craven-place, and at Brighton, left ther, that he would withhold essential evidence for the prosecution. Here was the conduct of a Magistrate of Surry, Recorder of Dover, and one of his Majesty's Justices of Wales, a barrister learned in the law, at some time Chairman of the Quarter Sessions! Franks denied that he ever expressed anything like that imputed to him; that he was ignorant of the board being on his premises when he was committed; and that it had been taken to cover a rabbit-hutch by one of his children. A letter, signed by Mr. Kenrick, was published in the Stamford News. The LORD CHIEF JUSTICE. In a Stamford paper? Mr. ATTORNEY-GENERAL.-Yes; it was addressed to Mr. Russell Collett, in Lincolnshire, a relation of Mr. Kenrick's. It was dated at Beaumaris, which showed that he wrote it on the circuit, while actually distributing justice! In that letter he said he knew Franks well; that Le was a notorious sheep-stealer; that he had stolen two fat sheep of Mr. Peters, who had abundance of evidence, but declined to prosecute; that Franks had lived for years by plunder of his property, though he had never found evidence till the case referred to.-Now it was proved that a an of the name of Bignold had been convicted of having stolen those very sheep.

The LORD CHIEF JUSTICE.-How is this letter brought home to Mr. Kenrick?

Mr. ATTORNEY-GENERAL.-Application was made to Mr. Collett, who said the publication was made from a copy of Mr. Kenrick's letter, but refused to make affidavit, on account of his relationship. Mr. James, the attorney for Mr. Clement, waited upon Mr. Kenrick, to obtain his answer whether the letter was written by him; and he declined to give any The LORD CHIEF JUSTICE asked Mr. Gurney what he could say to this? Mr. GURNEY said, the answer was, that this letter of the 10th Septemher could be no justification of the series of libels in the Morning Chrowete from the 3d to the 24th of August.

aswer.

The LORD CHIEF JUSTICE said the difficulty was this. Would the Court grant a criminal information to one who had not chosen to wait for eir interference, but took the law into his own hands?

Mr. GURNEY observed, if that was the opinion of the Court, he had thing to say.

no doubt but that the criminal purposes of these parties had been carried into effect. There were three witnesses speaking to the manner in which they conducted themselves at Brighton, and, if they were to be believed, their evidence was conclusive. But then Mrs. Baring goes to Paris, and during her absence the husband was informed of his dishonour, which induced him to watch her return, and endeavour to elicit such materials as would put him in a condition to seek legal redress. Accordingly be seized upon her dressing case, and had it opened, in which the letters of Captain Webster were found, that were of so much importance in this cause. These circumstances, combined with the previous history of this adulterous intercourse, formed a chain of evidence which had not been rebutted. In addition to this, an action had been brought and damages recovered. With respect to the husband, no imputation had been made upon him. Under all the circumstances therefore, the Court was of opinion that Mr. Baring was entitled to the relief which he prayed.— Judgment of divorce for Mr. Baring.

POLICE.
MANSION-HOUSE.

On Tuesday, information was received at the Mansion-house, that two parcels, containing 2,0407. in Bank notes, had been stolen on the precedAt a little after one o'clock ing day out of Newman's Gravesend coach. on Monday, a parcel, directed to Messrs Brenchley and Co. Gravesend, containing 1,4037. in country notes, was delivered to the coachman of the Gravesend coach; and another parcel, directed to Messrs. Millan, Twiss, and Co. Gravesend, containing 6401. also in country notes, was likewise put into his care, with orders personally to give them into the custody of the two houses. The first parcel was transmitted by the house of Williams and Co. of Birchin-lane; the second by that of Sir John Perring. The coachman at the same time was well acquainted with the contents of both parcels. He immediately proceeded to the yard of the Bull Inn, Leadenhall-street, where his coach was, and deposited the parcels in a box constructed as the depositary of valuable property, under his own seat. then double-locked the box, and put a padlock over the first lock; so that he fancied all the efforts of the thieves, particularly as he had got to go so

He

?"

*

"The systematic mention of the Lady, generally in public, appears as suspicious as it is ill-judged-particularly an article in the Examiner of January 2, wherein she is panegyrised at the expense of the whole profession of which she is a member, and yet the thing (though known to be written by a friend of the family, is so well done, by blackening the character of her parents, that you would never deem it could proceed from any one but a stranger."

*

*

*

"If the statements here made are strictly correct, it is impossible to instance a more complete and consistent affair altogether; for, the duplicity that has marked the conduct of this sad family throughout, is equally conspicuous at last. When, though subpoenaing Colonel Berkeley, and not calling him, they knew there was nothing to fear at his hands, when all opposition with him had died away, all the debts paid, and the incumbrance of the children left on the father's hands, they adopt every means in their power of blackening his character, both by speciousness and falsehood. Supposing the statements made in Court, and now received in town, to be true, Colonel Berkeley would be one of the most contemptible profligates that ever lived; but the shameful and unblushing falsehoods contained in them, not only removes, in toto, the obloquy excited against him, but create a returning kind of pity for his having been so villainously used. It is almost difficult to say what conclusions can be drawn from such conduct, for we scarcely remember an instance of a person, under such circumstances, coming into Court; by false imputations on another's character and actions, coming herself clear out of it; and then, by equally vile aspersions on her own profession, creating an unparalleled interest in all classes of society.

MISS FOOTE AND COLONEL BERKELEY. we firmly believe he could not) EVERY BODY knows he could have Some person, who pretends to be impartial, has written a told some awkward truths. There is a great fuss made about amphlet of 29 pages, animadverting very severely on many his absence, but perhaps if he had remained behind, and been the personages who have figured in this business.-Hein Court, as the Colonel was, they would have kept the one ys" After passing over the usual homage to beauty and in the back ground, just as they did the other." alents, paid by Mr. Attorney-General to the interesting. Haintiff, and the full, true, and particular account' of the ficer in his Majesty's army, we come to that part more imediately connected with our present purpose, viz. the first ntroduction of Miss Foote to Colonel Berkeley, which was tated on the trial to have taken place at Cheltenham, by his xpressing a desire to play for the lady's benefit-not a syllaEle of which is true; and in order to prove this assertion, Miss Foote is asked, and requested to deny, if she can, whether he did not, in the year 1817, entertain a correspondence with, then married-receive his miniature, and visit bim in a house in — street, taken for the sole purpose of a rendezvous for them? And was it not during this intimacy, and before her visit to Cheltenham, that Colonel Berkeley first visited her, merely as's friend? And did she not complain to him of the attentions of the said then married) to other women? which of course shows that there must have been an accepted attachment, at least, between them. And did not Colonel Berkeley, on finding a partiality arising in his own mind towards her, decline, both verbally and by letter, repeating his visits, until earnestly solicited by Miss F. herself, and only then consented to renew them, on finding that all association between her and his friend had ceased, and which connection was dissolved by a letter from her expressly to Proceeding with the interrogatory, Miss Foote is asked "if it was not by the earnest solicitation of this Berkeley at all consented to play for Miss F.'s benefit at Cheltenham in the year 1817, under the impression that she was then protected by the said his friend? And did not Colonel B. refuse the application of Miss F. and her father for his performance in the previous year, although backed by the application of another (also married), who was at that time equally attracted by her beauty? If, then, these questo a fraction, the writer challenges the Footes and Colonel tions are undeniable (and both the Lady and the Colonel, from the tenacity of their affections, and from keeping copies of each other's letters, as well as the originals, can of course prove their truth), it appears that Miss F. was two years at Cheltenham before Col. Berkeley played for her benefit, and at he knew her before his visits at all there, as a friend of -, by whose intercession he eventually did play. "In reference to the promises of marriage, stated to have en made to the lady (by which means she yielded to the Coanel's persuasions), it is rumoured that, previous to any conBection taking place between them, he expressly intimated to Was F. the impossibility of his marrying her, owing to the Sport and subsequent impression on the minds of his friends, well as the public, that she had been under the protection & the first-mentioned -. Of course, if untrue, Miss Foote tan prove it by letters; and while on the subject of them, she 4 specially invited to show (even after their intimacy, and lonel B.'s belief that such report was untrue) the letters written previous to December, 1823, which her mother menas as having been submitted to Mr. Hayne, at Marlborough, which any promise of marriage is held out? This is rather poser for even Mrs. Foote's ingenuity."

that Col.

"The facetious Auctioneer has managed well-she is put to the best bidder' (Berkeley or Hayne) and knocked down it the high price of 3,000l. The parties very prudently subanaed Colonel Berkeley to prevent his being subpænaed on the opposite side. They do not bring him forward, because opposite Counsel would worm out of him 'matter to damn whole.' They subpæna the Marquess of Worcester, who as a trip to the Continent; for, supposing that the said Arquess could not confess the Cape of criminality (and

"That every assertion throughout these few pages is true

Berkeley himself to deny; for they are circumstances well known in the circles of which they treat; and whenever the shadow of a doubt arose in the writer's mind, he has deemed it a duty to enquire among those who could best verify them.

#

"It is presumed, therefore, that the reader, on perusing the whole, will be at once convinced of the fallacy of ex parte opinion; and the conclusion to which he must inevitably come is, that the plaintiff must be suspected, though pitied-the mother and her testimony totally ridiculed the father universally despised-Colonel Berkeley by no means to be condemned and Mr. Hayne the greatest goose among all the fashionable cacklers of England's metropolis."

CANNING-CASTLEREAGH.

There has been in an Evening Paper (the Courier) a long and somewhat curious descant upon the foreign policy of this country, since the accession of Mr. Canning to the Ministry. It is, in fact, a sort of amende honorable to the Right Hon. Gentleman for something of shyness shown towards him on his acceptance of office, and for a lingering attachment either to his deceased predecessor-or those of his survivors in the Cabinet who inherited his policy and his personal feelings. The deceased Minister is now sacrificed to the living-and even "certain persons of no mean name, station, or influence," who suspected Mr. Canning of Liberalism, and wished a closer intimacy with the Holy Alliance, are thrown overboard. Through a thick envelope of flattery and ambiguity, there are discernible in this article some glimpses of right British policy, and of just observation. It commences, however, with a panegyric upon Mr. Canning's disinterestedness in accepting office, which might have been spared. He could, it is true, have gone out to India. But is it matter for pane

THE EXAMINER.

Foreign Market Mexican Bonds are 803; Colombian, 90; and Spanish,
CITY, 12 O'CLOCK.-Consols for Account have opened at 9911. In the
23. Russian and Austrian Bonds are rather inclined to look up.
POSTSCRIPT.

ON Saturday we mentioned that we had received American
MONDAY, FEB. 14.
Papers to the 14th ult. and now we have in addition to the
16th ult.

rican Union pays, as may naturally be conceived, peculiar
To the Naval branch of their expenditure the North Ame-
attention. By an official Report, it appears that the
diture of the appropriations for support of the Navy, from the
expen-
dollars. For the same service, during the year 1825, there
1st January to the 30th Sept. 1824, amounted to 2,173,097
will be required 2,298,794 dollars.
and men afloat is 3,452, besides 988 marines. A detailed
The number of officers
account is given of the state of all the ships of war, both on
the sea coast and on the lakes; from which it appears that
ing, besides frigates.-Many vessels, especially those on the
four ships of the line have been launched, and five are build-
lakes, are in a state of rapid decay.

October 1824, amounted to 90,697,071 dollars. The unredeemed Debt of the United States, on the 1st of time trade does not appear to be on the increase; although by increased duties on imports it produces a greater revenue. The mariThe imports for the three quarters ending 30th June 1824, were in value 58,987,137 dollars viz.-49,378,393 paying duties, and 9,608,744 free of duty. The decrease of imports in the third quarter of 1824, compared with the corresponding quarter of 1823, was 333,226 dollars. the internal Provinces of Mexico; the profit on which has in land in furs, &c. has lately been opened between Missouri and A lucrative trade by tion of Chartered Companies for Banking, Insurance, and some instances been estimated at 1000 per cent. The formaState of New York, where a list is given of no less than 45 An English Se-other objects, proceeds with great activity, especially in the Companies, which intend applying to the State Legislature grant of new Charters; besides a vast number of applications in the course of the Session for the extension of former or of a similar nature, all within the limits of that one State. of Georgia, Alabania, and Missouri, have advanced in the last The population is increasing at a rapid rate. four years 150,085; viz. from 535,476 to 685,561. The The States present population of the City of Washington is 16,605, exclusive of persons in the public service who inhabit the Fort, Barracks, and Navy-yard.

gyric that he was not so destitute of public spirit or legitimate ambition-so sordid or so vain-as to prefer mere revenue and the gorgeous pageantry of Asia, to the eminence which he has attained at home in the State, the nation, and in history? The palinode comes next. Fears, it seems were entertained, that the public service would have suffered by the subtraction of Lord Londonderry, who, "by having mingled largely in the great transactions of the preceding eight or nine years, and by having personally assisted at conferences with the Monarchs and their Ministers, had necessarily acquired with Foreign Powers great personal influence and consideration. But, on the other hand, it was hardly in the nature of things that those personal conferences should have left him as perfectly unshackled, as if he had discharged the functions of his office through the ordinary diplomatic channels. His successor had none of these advantages: but on the other hand, he was free and unfetterred. There could be no implied assents; no assumed agreements; no tacit inferences, rass the decision upon any question that might come to embarbefore Mr. Canning. Whatever course might be decreed, was susceptible of unobstructed execution." fears were entertained-but by whom, and to what extent, is Possibly such another question. The real truth is, that Lord Londonderry, by his personal intercourse with the Foreign Monarchs and Ministers, was disqualified-absolutely spoiled and adulterated, for a British Minister, independently even of the assents, inferences, and embarrassments, which the Courier acknowledges with tolerable fairness. No British Cabinet Minister, and least of all Lord Londonderry, should have been sent into this circle of Monarchs and Ministers. He could hardly avoid committing himself. away by the current, even from a sort of false shame. He He must have been borne finds himself in the midst of Ministers, possessing and exercising unbounded discretion and power, without the fear of a Parliament or a people before their eyes. cretary of State in such society feels mortified at his limited powers, and will commit himself rather than avow the full extent of his restrictions and his fears. danger of being drawn in, by constant intercourse and comThere is, besides, the munion, within the whirlpool of arbitrary principles. Who can doubt that Lord Londonderry suffered both influences? Even his advocates allow that he compromised himself and his Government by indiscreet engagements, expressed or implied; and as to his being tainted with the doctrines and notions of the continental Monarchs and Ministers, he gave but too many proofs of it even from his own lips. He could hardly conceal here, what he openly avowed abroad, that there was something exceeding vulgar and bourgeois in British liberty. His mind and his vocabularythe one, by the bye, an image of the other-both weak, vacillating, and incorrect, were alike infected, even to a silly affectation, with, if it may be so called, continentalism. This affectation too was equally absurd and pernicious. It is well known, that from his imperfect use of the French language in conversation-his ignorance of the ordinary topics of discourse the literature, the arts, and the Court gossip of Europe, he was little better than a baby in the circles in which he moved-the very reason, perhaps, why his affectation was so flagrant and exaggerated. Had a mere diplomatic representative been sent out for this purpose, his perils and temptations would have been much less. no Cabinet Minister will be sent again on such an errand It is to be hoped into such a school of perversion. The probability, indeed, is, that such another occasion will not occur, as the situation of the contracting parties was at the time really unique. Whether Mr. Canning, had he gone out, would have returned with his principles and his vocabulary in a state of derangement, it is useless to speculate. But it is certainly an advantage to the nation and himself that he was not exposed to the danger. Herald.

is 161; their capital is about 21 millions of dollars. The number of manufactories in the State of Massachusetts diminution of delinquencies. With the increase of wealth there seems to be at least no tain 1,396 inmates, being an increase of 132 during the past year. The prisons of New York consingle week (chiefly petty offences) were 60 in number. The cases tried in the Police Court at Boston for a message to the Legislature, hinting that on some old pecuThe President of the United States has sent a singular niary transactions the country remains his debtor, and desiring to have his accounts settled. Another message relates to the piracies by which the American trade has so much suffered; and a third states that Commodore Stuart, who commanded the North American squadron on the coast of Peru, been called to account, for his violation of the territorial jurishas been superseded for misconduct. Capt. Porter has also diction at Porto Rico. This does not surprise us, for we remember a most impudent violation of the English territory by this same person many years ago at Malta.

United States, has fixed the boundary of his territorial claims It seems that the Emperor of Russia, by treaty with the business the United States can have to concern themselves on the North-west coast of America at lat. 54. 40. What about that part of the North-west coast we cannot conceive.