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Foreign. NEW -YORK, MAY 11. Late and Important from &Krope The April packet sliip Amity, Captain Maxwell, and the ship Hec tor, Captain GillWuier, both arrived jesterdny afternoon from Liverpool, which port they left in company, on f the 6th of April; and the editois of the Mercantile Advertiser have re . xeived papers to that date, with Lon don papers to the evening of the 4th, and -Lloyd's List to the 3d of last month, all inclusive. The papers announce the imjKvrt ant fact that the Neapolitans ha>e . Failed in their attempt to establish a ?Free (roveifwmerit 7 They have sign ed a -convention w ith the Austrians, ^ and the war in Italy is ended. Convention between the Austrians and Neapolitans. " The undersigned, furnished with fall .powers for that purpose, have agreed upon the following articles : 6i 1 . There shall he a suspension of hostilities on all the points of (he kingdom. * 2. Hostilities shall also cease by sea, with as little delay as possible. Orders to this effect shall l>e imme diately despatched by the two armies. " 3. The Austrian army shall oc cupy Capua. To-morrow, the 21st, lis posts stiall occupy, but not pass, the town of A versa. " 4. The occupation of tl*e town; of Maples and* its foils shall be the] object (if a particular convention. "5. The x\ustrian army shall re spect persons and property, whatever may be the particular circumstances of each individual. "6. All royal .property anil pro perty of the shite exisiing in the pro * vinces occupied by the Austrian ar my, or which it may occupy ; all ar senals, magazines, parks, dock yards, manufactories of arms, &c. ofright to the king, and shall be respected as such. " 7. In all tiie placrs and forts oc cupied by the Austrian army, there shall be, independent of the Austri an commander, a governor in the name of the king. All the materials of war, as far as respects the ad ministrative part, shall he under the royal administrative director*.", "8. The present convention shall be ratified by the Priiice Regent, and by the Baron Frimont, tl?e general commanding the Austrian army." Signed at the Grand Priory of Naples, Jjefore Capua, March 20, ? Baron AMBKOSIO, " Count FRYNELMONT." " TUIUN, MAKCII 23. 1 "Tranquillity and onler prevail in this ' capital. If disorders and misfortunes have occurred in the pro vinces as well as at Genoa, to the * inconceivable conduct of the Prince Regent alone they must be attribute ed. The streets of Turin are tilled1 with' soldiers. Numerous contin-1 gents are arriving from all the pro-! vinces of the kingdom ; Coout 8an' Rosa, minister of war aud marine. ! has addressed an order of the day to them. The ltussiau minister has taken his departure. It wHto be Imped that the great Powers will not consent to any attempt of Austria, l<r Piedmont, as well as Naples, as that would l>e to give np to fttir the whole of Italy. The private letters from Paris mention, ^hat, by the latest accounts from the south, the greatest portion' of the Neapolitan Independent troops had laid down their arms.! Some warlike parties have, however,! continued in the mountains. Gene- 1 ral Pepe and Carrascosa had, not! been heard of for some days. PAWS, Af?RlI, 1. A telegraphic despatch announces that the Austrian* JEutered JV nvles on the 2 3th. NF.W YORK, MAY i 0. Ivterrgtivg from South pi erica. By the schooner Logan, Captain [lolmes, we have received regular m ? dI Cuiacoa papci* u> the ^jlli ilf. containing a confirmation of the ueviou* accounts M that all the ports ilon<j; the Southern Coast of New [ireuada, fruin Guayaquil tu Panama inclusive, and all those of Peru, ex cepting Callao, by an almost simul taneous operation, have hailed their independence/' An attempt appears to have heen made to effect a coun ter revolution at Maracaiho, hut this was defeated by the vigilance of t he public authorities, who have since decreed, that the inhabitants shall swear allegience to the Colombian Government, and such as refused were ordered to leave the plrce. It is stated in the Curacoa Current, that the rupture of the armistice between the M^jots and royalists was occa sione^Poy the treachery of "Gen. Morales, who attacked a party of Republicans at the very moment General Bolivar was negociating with the commissioners sent out by the Cortes. The consequence was the breaking up of the conferences, and an immediate order to the Com missioners to return (o Caraccas. ? W e never entertained the smallest doubt, but that a renewal of hosti lities had been occasioned entirely by the base conduct of the royalists; and we confidently anticipate from this event the happiest results to the cause of liberty. The later accounts from Peru mentkin, the royal army of Lima, which place is closely invested by General Sao Martin, bad made two stories, in behalf of which they were worsted by the Chilians, who pur sued them in their retreat to the gates, where, in consequence of the royal ists having rallied, a severe conflict took place, which,, however, also terminated favorably to the invaders. The Royalists Gen. O'lleilley w as taken prisoner, besides a number of others, and the loss in killed is Mated to have been considerable. During these operations a great number of the, Spanish troops went over to the patriots. All Lima was in the great est confusion, as 8an Martin was pushing matters with the greatest vigor ; while Lord Cochrane con tinued the blockade of Callao, which prevented all supplies from reaching the capital. It is by a miracle only that Lima can be saved. Domestic . Charlottesville, (va.) april 27. Bloody J&ffair! ? On Saturday last, a most tragical affray between two men by the name of Ross and Moss , was witnessed at new Canton, Buck ingham county. \\ e have hail a verbal, perhaps imperfect, account of this affair. It seems that Moss made an observation in the presence of lloss, which somewhat offended the latter, who said to the former if he repeated it, to would shoot him ! Moss repeated the offensive expres sion, when the other unhesitatingly drew a pistol,, loaded with huckshpt, and fin d at his head ! 'S he sliot en tered his face in sevtral places, and wotmded him severely ? he immedi ately retreated to a house a short dis tance off, procured a gfm, returned ami fired at Noss, who was on horse balk, and gave him a mortal wound. Tlie U>ad entered just above the hip, and lodged near the heart; lloss drew another pistol and attempted to fire again at Moss, but was so feeble from the wound lie had received that he fell from his horse, and expired in about two or three hours. We have not been informed whether the wound received by M?>ss i ? consider ed mortal or not ; but, from rumor are inclined to believe tlie former to be the case. The result of this unhappy affair ought to serve as a caution to those, wImi sometime* suffer their passions to conquer their reason ; and w e hope it may never become our painful flu ty again to notice an net so deliber ate and so bloody. ZANESVUJX, (OHIO) APRIL 21. On Thursday afternoon last, we witnessed the novel sight of a large waggon tno>ing thrown ilie siuvi.-.l without the mil ot steam in* !n?r??? power! This singuUr pitte <>i mechanism was invented and twi tot ed by Mr. James C. Alexander, s\ i? ingenious and enterprising xenlteuva: of ibis place. 'I lie vehicle is so | ported upon three wheels, two be hind and one- lnsfore; it is pN>pell?'< by the lever power. applied ascranks. as treadles and hand levers. ? Then being (wo of each of these, two per sons may conveniently work at cmce. one of whom may steer the carriage by means of a tiller rope, communi cating from the fore wheel to the cy linder, on the riglrt of the |KA'son engaged in tiie stern. MOBILE, APRIL 3. Extract of a lettevfrom Col, San - I tiago Mordella, of the Mexican ar I my, operating m Texas, tf*an Officer I of the U* S. army at this place dated I Fort Boliva, Jan . 10, 1821. " 1 take this opportunity to ac I quaint you with our a*ntAt at this I fort, and the commencing of oin I operations agaiustthe royaliatsT-b^ I taking from them a fortification on Uk? I mouth of the river Trinidad, with I four 6 pounders aud 160 prisoners, I and ?00 deserters to our stamhvrd ; I our Ipss consisted in 12 killed and 18 I wounded. J 1 " W e expect some provisions from I the United States, and some officers I with 900 wen, aud as soon as they I arrive we Will march to St.- Antonio. " Tim day after to-morrow, I am I ?>?',na *? tat? * a H^hki de St. Ber 1 nardo, defended by SCO men and 10 I pieces, hut the mm, who are Creoles, I are waiting for ns to join our cause. I Gen. Guajosse Victoria is 200 leagues 1 from us, intends to form a junction J AWtli us as soon as we fortify St. A. | and march to the interior, so he will ] form a division in our favor, and call J the attention of Gen. Arredondo's 1* army. Our force will then he 1 1,000 men, and master of 4* provinces^*" CHARLESTON, MAY Fraud in Cotton. ? Another stance of the detestable practice of fraud in the packing of cotton, was detected in this city on Friday last. ? A lot consisting of fourteen bales at 11) 1-4, and three bales at 1-2 cents per lb. was purchased liy a mer chant in King-street, on examining wind) it appeared that seven Jjales of ihe former, anil me of the latter, consisted of very inferior quality, ingeniously plated on the outside to the thickness of froui 2 to 3 inches with prime cotton, The whole of the eight bales were adjudged, b%> four respectable merchants w ho were called to examine the same, to be worth not more than 7 cents per lb. with the expense of meudiug and repacking charged thereon.? It ap pears from the certificate of the per sons who brought the cotton to town. ! and sold it, that it was owned and i packed by Cteniins M'Gurrity, liv ing on bugar Creek, in Union Dis trict. COLUMBIA, MAY LAW INTELLIGENC liichlandy A/arch^ 1821. William hcorT, vs. Samuel Wilson. This was a rule against Eli Ken nehly, Esq. late Sheriff of llich land district, to shew cause why lie should not be attached for not making the amount of a fi. fa. lodged in his office, in this case. He showed for cause, that he had levied on the de fendant's property, and advertised the same for sale, with notice that 10 per cent, would be demanded of the purchaser, if the terms of sale were not complied with ? that the proper ty was bid off, and the purchaser paid the 10 par cent, but refused for* ther to comply with the terms: lie admitted that although he was re quired by the plaintiff to re-sell the property, and that although notice had been given to re-sell if the terms were not complied with, he did re fuse to re-sell, on that day and the day after. The presiding Judge, after hearing the case, discharged the rale; an<l a motion was now made to revert* that decision, on tfie ground that it was the duty of tlnrBheriff to ir^n '.u.ivuV;aul y, it' v t ? c terms of the ^le wne not complird widi. Mr. Justice Johnson ilcliveiod the / opinion of I lie Court. I lie ads of (lie legislature, re%n "ilUlTfg HT:riiIF"s salts of pioperty ta ken in execution, are themsel\es in volved in some ijltscuijty ; and the contrariety of usage under tl>em in different pnrts of the state, has been productive. of still greater confusion, Liud in some of the districts the lodg ment of an execution in the HherilV's office, is, in practice, hut the incipi eut stage iu the troubles which attend a, law suit. , For tlie plaintiff to dance attendance on the Sheriff from sale-day to sale- day, and from term [totems ayi*! obtaining rule after rule [against him, and to seen almost every [day 5 and in the ewnt of his ulti Imately obtaining an attachment [against him for neglect of duly, it is Inot unusual to find it placed in the I hands .of a coroner, who *?? ppflnpg [his deputy or jailer, and one case has [occurred within my own knowledge, when an attachment xwas granted Ugaiust the coroner for not doing his [duty ou an execution against the j Sheriff, and another against Ihe Bhrriff for ?ot attaching the coroner, tin this situation they bij defiance to [law, as 4 here was no one to execute (its process: and this farce was play Jed off for several years, to the great [prejudice of honest "creditors. To I reduce order out 6f this state of things J is a matter of some difficulty^ and I J Tear the court want the power in [some respects ta do so; hat it is of 1 the utmost importance tj?t the court I should promptly settle, as far as they lean, all the questions which arise out of it. The act most directly applicable to the question arising out of this case, is tlic act of 1796, entitled * an act to prevent debtors fiom purchasing repeatedly their own property at Sheriffs sales; and for the better Testation of Sheriff's and other sales at auction." The substantial provi sions of it are, Uiat evjiry pun at Sheriff's sales shall, if lh^ tiff desire# and direct* the which the plaintiff' must ? Sheriff notice in writing in tiqie to | enable him to insert such notice in ] one of his advertisements,) immedi ately after any article of property is knocked off to him, pay into the hands of the Sheriff, a sum which shall be equal at least to ten percent, upon the amount of his purchase ; and if he should fail or neglect to make such payment, the Sheriff shall Immediately set up the same property for safe qpon the spot, and upon the re-sale, the Sheriff is for bidden to receive the bid of the first purchaser. And 44 if any purchaser, after paying the per centage afore said, shall fail or neglect to comply with the terms of the sail, all the money so paid shall be forfeited to the plaintiff in the execution under which such sale was made," w is to be applied first to the \ of the costs, and the surplus, ? to the debt. 8 Brevard, 218, Si 9. . On the construction of this act, it i$ contended that, the immediate pay ment of the ten per cent, required by the act, was intended as a security, in tl?e first instance, that the pur chaser would comply with the terms or the sale; and secondly, that it should operate as a penalty upon him in the event of his refusing to do so, and raises a strong presumption that it was not contemplated by the act to require him to pay the whole pur chase money immediately on de mand, and gain to the purchaser further timeja comply with the terms. There are, however,' strong reasons opposed to this construction. 1 can not believe, nor can I collect it from the act, that the legislature ever in tended to protract the payment of judgments by pajmentsin instalments of ten per cent, from sale day to s*le day. The occasion which gave rise to it is expressed in the title of tlie act, and is familiar to all ngr bre thren ; and the very mischief which it was Intended to prevent, will be legalized by this construction. The provision, that the first purchaser's hid shall not be again received, im 1 ! I i ! t ft n*?- r poses no restrain!. Ii ihe d< can mu?ter u*;i fricuds o,? i ?r< sions which in* 111:1 \ al\\:i\s?L> ten per n-nt. in ItU pocket. In* i time and loses nothing. H\ ihe \ t i v to I tus t,t the act it is to Ik' appTu ;! fir^t to the pr.vmeut of ihe cosn, am! tin 11 the/^Tcbi. The act, as I have bel\ ?ie/ 'remarked. does not jicwt |??mo the t'une at which t lie j ?n?jiei J> i* to lie re-sold, and I think weou^ht not to do so by cons4i net ion, In this respect, therefore, the law oi.^ht to stand precisely as it \\a^ before. ? Here I am met with the act usually called the vendue act. This c t pro vides that '? every person who ?h ti purchase any lands, slaves, houses, horses,' cattle, shij)s, boats, or other vessels, goods, ware* and merchan dizes, at any public sale in this stair, and which purchase shall he enkvr.l in the hooks of the vendue muster selling such property, such per o:i ie\"sin<i rtn< cTVj ( - tion of the said sale, within sewn days thereafter , shall he liable to all losses thereon to the original ow u? andior the more speedy ascertaining said losses, the vendue masters are autlrorised to re-sell, after gi>ing seven tlays notice. ? This act, u is contended, allows the purct:..rci' seven days at least to comply \utli the terms of the same. ir 1 wei^e now left for the first time to [Hit a construction on this act, the first answer 1 would give to it would he, that it has no relation to sheriffs' sales. On looking inio the whole act, it most obviously appe u s Khat the avowed object of it was to ' regulate sales by vendue masteis, and not sheriffs. This is admitted ; bat it is said that the principles of lite act have, in usa^e and the de cisions of the courts, been constant ly applied to s her ills' sales; and if L this he so, it would be inexcusable ' to controvert its correctness, nor do 1 think it necessary lo the present occasion. This act does not forbid :*n immediate re-sale, .and makes the *e?en days BQtice necessary only to charge the first purchaser. There must be a leciprocity in every Wg^il purdiMer tew a right to seven days to tletfi^nine l^ifer hewill or will not comply with the terms, the seller, or to ifce the terms of the act, original ownei ly may re= choose. No ia uwtitj purchaser, and the effect is that the seller looses his remedy against him, for any losses Whi(h may be sustain ed. Upon the whole, it appears to me that sheriffs' and other public sales are precisely upon the nafae footing dPall other contracts for the sale o? property ; unless when they are regulated bv positive law, and tlien the law makes the contract for them, with the terms of which the parties are hound f|T Let us then apply to the present jcase, In of ^positive law neithi hound by a sale at ?*m, ? 'vmvim "J nwiV TV the thing sold was delivt cepted. v _ ^:rW, Wm< The vendue ad the purchaser for may. he sustained, ply with the term) the mode of ascert. pointed out. The .< quoted; usually called tlie cent, law, however, author^, ...? plaintiff to demand ten per^cejit. and if it be not paid, he may re- sell im mediately ? and the that demand is to to ed put ; and these acta, ther, constitute what '1 1 0. conditions of the contract the parties. If the plaintiff therefore, de mauds and receives the ten per cent, in the manner prescribed by the act,.< the purchaser has complied with the condition of the contract between them, and nothing more can be re quired of liim, unless he chooses to comply fully witW the pdfrchase ; and for tbis, the vendue act gives him time. If the ten per cent, is not de manded, llie low stood as he/ore thnt nrt. If the ?eller thought 'pro per. lie mnv chargpTBF ptircl