Star. — London, England, 1809-02-23 00:00:00

• - - . . 't. 1. , .... . • • . . ';').4 . . .gAi i it -- "i p t 1I - J,. :- • ' .. ,<,; ' •, .- • 4 ...$ . ..-.,, .:. . . . -• # ~••. ii, ... ~ ..:..k ./ • , .. . -•••-• i .........,... . , • . - 1 ; .:.' f: IA .i .1i . .;1 ':- •,. 1 . . Vi 4 • . :f ( /I . - ... 1 *"- , • - k t r r..L. ,.. 41. ' . . 4 - 4 "::A • - '.. • - . ' . 4 .., tiffi . ib . 41Ik • • - i ) L / ; • . 4 %4 . . . e !• 4 . • 1 ~„c . 0 . K.i.--kc, , ~.; ~,,,, , -- 4.4.,.. . l' 1 '"'. '1 's A. ! ; i ; , , I'. 1 G 1 5... -..'. , I i, s , .1 , ,',4 ~. ‘.‘, ...t i, 1 1 - .' i i - ' B R 68491 THU4SDAY, BRUA It \ 23, 1809 Six.rigke . NEVER ACTED. THEATRE-ROYAL, DRVRY-LANE. rf'HIS PRESENTEVEINING, FEBRUARY 25, their Majesties Servants will act a New Opera, called THE CIRCASSIAN BRIDE. PARLIAMEN7'ARr PROCEEDINGS. • HOUSE OF LORDS, WEDNESDAY, FEB. 81. The Royal Assent was given by Commission to the MaltAtity Bill, and 18,500,0001. s,nd 1,500,0001. Exchequers Bills' Bil ls The Conunissiceers present, were the Loan CRANCELLOR, the Duke of MONTROSE, and Lord AT LESTORD. The Equity Debtors Relief Bill was read a third time and passed. The Militia Enlistment Bill was reported, and ordered to be read a third time toessorrow.—Adjourned. with New Scenery, Dresses, and Decorations. Tba Otte and Music endrely new, composed by Mr. bebop. The Principal Characters by Mr. BRAHAM, Mr. BANNISTER, Mr. MATHEWS, Miss LYON, Mrs. MOUNTAIN, Mrs. BLAND. To which will be added the Farce of FORTUNE'S FROLIC. 01 Saturday, The Unconscious . Counterfeit. HOUSE OF COMMONS. The SPEAKER reported to The House that the Royal assent had been declared by Commission to the Malt and Pension-duty' Bills, and the two Exchequer Bills' Bills: Upon the motion of the LORD ADVOCATE of SCOTa LAND, Chairman of the Newry Election Committee, tkat Coss.. mittee, in consideration of certain unavoidable delays in sending to Ire land for documents, obtained leave to adjourn their further sitting to Monday the 13th of March. The Temple Bar Improvement Bill was read the second time ' , and committed upstairs. • The LORD ADVOCATR of SCOTLAND obtained leave to bring In a bill for altering and amending the Laws of Scotland re lative to child murder. 7 1 - 'HEA7 R E-ROY AL, HAY JI4AI:ILET. THIS PRESNT EVENING, FEBRUARY 23, will beamed the Dramatic Opera of THE EXILE. To IOW& will be added the New Farce, called Is HE A PRINCE ? Or. Saturday. Macbeth ; with the Farce of Is be a Prime ? 01 4 "1 1 altre ."41"1".1111111.11"..""W S. iHEATRE^ROTAL. v _IiAY M AR WIWoo OSO it ROW EVE/MO, FEBRVAST will be performed the famorite &resat& of ACIS AND GALATEA. Composed by G. F. HANDIL. widi a GRAND MISCELLANEOUS ACT.—Anthem, Mrs. pa," 0 Lord our Governor," Marcello ; Air, Mrs. Vaughan, Heves eyes unto the Wind." Omnipotence; New So g, first t i me , "The last words of Marnsion; composed expressly for Ur. &sham, by Dr. Clarke, Organist of Trinity College, Cam "ids.; Chorus" Dal leito soggeorno," Gluck ; Air, Master.Du reset, " Thou shalt bring them in," Israel in ',gyps ; Air, Mrs. D i tkons, " The Soldier do," Dr. Arne ; Grand Chorus " - No ors to Ammon's God." Doors to tf .. geneslat Six, and begin at Seven. i p r . iJ 11 GCE` , ~f~~~ With 0: 0 v,14 tr i time Ur. Pridi rOILI 4 Did pore • TI Teti VEC shiP tie D TI TI Oft Yan 1 4 ,+ pre lone OEM equ rear bei TI AI Sft cat Al ••• to P. 1 7 ICTileflaLING•0 REMY, Febsteary 9, 1 909 T HE COMMISSIONERS for VICTUALLING •• HIS lkfeld EStrs NAVY, do herebygive Notice, Thu on Friday the 24th instant, they will be ready to receive Tram, in writing, sealed up; and treat for the supply of what VEGETABLES shall be demapded for the use of His Majesty's dips and Vessels at Yarmouth, in the County of Norfolk, during the space of twelve months, •from the 24th of April next ; to be pad for by Bills payable with interest ninety days after date. The Conditions of the Confrict may be sees at the Secretary's Mice; at than OiEce, or by applying to Mr. John Walter, at Yarmouth. No regard toil be had to any Tender in which the price shall not he itsrted is wards at !ragl i, or that shall sot be delivered to the Board be • one o'clxi on the said Friday the 24th instant, nor unloss the ant :oho males the Tender, or some Penal on his behalf, attend: to •:! ien called for. ARMY. ACAPTAIN in an old Regiment (c2d Battalion in England) wishes to exchange to the Briush Half Pay, on equal Temu.—Letters (from principals only) addressed to A. B. marked " Half Pay," New Exchange Coffee-house-, Strand, will be immediately attended to._ • TIMBER. TBE SOLD, 160 AOres of very fi ne OAK TIMBER mixed with some very valuable ASH and ALDER, all of above 100 years growth. It is situated within Eft= miles of Clonmell, and twenty-one of Limerick, in the Kingdom of Ireland, front each of which l'owias there is water carriage.-.. Proposals (post paid) will be received until the f.',(l of Mara, by Win. Roper, Esq. 34, North Great George's -street, D..slm,and furthts particulars may be known, by application to Mr. John Nesbitt, No. 16, Tokenhouse-Y ard,:London. . GRAND LOTTERY. FREE GIFT of ONE THOUSAND WHOLE TICKETS the First Day, Numbers as follow : 3,001 . .. to 4,501 .. 5,001 6,501 7,001 8,501 ....... Co ............ ...... 8,600 9,001 MOM rtopet 1t,501 AbO a FREE GIFT of FIVE HUNDRED WHOLE TICKETS to the first- drawn above Al 5, the Snood Day, Numbers as follow : • 13,001 14,501 15,001 16,501 17,001 Ike above Tickets may gain the whole of the following CAPITAL PRIZES: 4 ......... of .•... of • . of _ _ _ _ _ . ____ Begins APRIL 12th, 1809. oscquence of the above Gifts of 1,500 Tickets, time are only 18,500 for Sale. Tickets and Shares are selling at all the licensed Mee& SUBSCRIP'f lONS IN AID OF THE SPANISH PATRIOTS. City of London Tavern, Deember 2s, leer. COMMITTEE desire to inform th. Public, that purchases of articles most wanted by the Spanish Sol ias have been made to an extent proportioned to the amount of tie Subscription. Meetings have been called in different parts of the Empire, and 14 ntriptions have been entered into, the amount of which is not Yet ascertained The Committee have also been informed, that 'hes are intended, from which considerable additions to the pre lezt Fund may be expected. • lie Committee are anxious to impress on all the inhabitants of die British Empire, that much is still requited to enable the nu merous levies of Spain to take the field. The very reverses w hi c h h ave ta k en p l ace i n that country call let additional aid and increased exertions. It is not the character of the British Public to desert a great nation in the time Of its Most need. Treachery and excesses may have been committed in a mo alb! of adverse fortune ; but it is impossible that such a spir it ! ap be general among a people who have been ever remarkable elevation of sentiment and scrupulous honour. their gallantry and devotion to the cause in which they are en gava cannot, however, become availing, without those supplies 7 hicit are necessary to give them effect. With such supplies, bt• Ccrsmittee believe they ultimately will prevail; and they :raft that the British Public will evince the deep anxiety it feels 1 r ( hi' most important struggle, by farther liberal and timely "Us!.nCe. of Rbscriptiens advertised - £37,583 IS 8 A;1D11:10NAL SUBSCRIPTIONS. 14, '.! - r , .nt-CrAznel Robert Sirnond,. Air, North BZ~ isrcr Messrs. David Scott and Co. 1 .• -ds at the Barley-Mow, Fleet-street L 111:1 4 , -.7 MESSRS. BIDELILPII *DID CO: s. 21 0 0 2 30 AT MPSSP GLYNN AND CS. " --Lptions at the Par:sh S. Church of Ilfraco O' mb, on . 14 1 ‘st D a y, per M essrs. Lee an d L oc k - „. w‘ Lci,lish Girls • . 4 4 0 13 9 6 010 6 AT MESSRS. GOSLINGS AND C 0 . 916 Mri •Kni;htly, of Bekiwell Hall : 50 - 0 0 'b"-riptions are received ;it the Manion liouse, at Lloyd's, 17 . d tb.. Bankers in London and Wesminster. Lo s of Subscriptions are ready for Subscribers, - and othtra, at London Tavern. A Message from the Lords signified their Lordihips assent to the Equity Debtors Relief Bill. Mr. DUNDAS presented a petition from Jame; Grodiff, one of the Engrossing Clerks of the House, to apologize for some error or omission unintentionally made by him in the Act of the last Session for imposing duties on spirits and wash from sugar and grain : it being read, was ordered to lie on the table. Mr. DUNDAS promised to call the attention of the House to 'the subject on Monday next. Sir JOHN NEWPORT presented a petition from the Mayor and Corporation of Waterford, against the Irish Distillery Bill now pending.—Ordered to lie on the table. On the motion of Mr. FOSTER, the House resolved itself into a Committee of Supply, to whom were referred the Irish Esti =tea for the service of the year. On the motion of Mr. FOSTER for the sum of 25,0001. for de fraying the expences of the different civil buildings in Ireland for the year, Lord TEMPLE and Sir JOHN NEWPORT objected to the Right Hon. Gentleman's bringing forward, without due notice, these motions for estimates, to many of which, he must be aware, there were strong objections to be offered by Right Honourable Members not now in their places. Mr. FOSTER said the notice of bringing forward the usual grants for public charities, and certain other purposes, had been publicly given some days ago, and were on the paper of this day. His purpose was only to move to-day for the usual grants, to which there was never any objection, having no wish to urge any other until a future day. After some conversation betwlitn those Right Honourable Members and Sir ARTHUR WELLESLEY, the motion was agreed to. Mr. FOSTER then proceeded to move the usual annual grants to certain public charities, institutions, and public works, in Ire land, which were agreed to, until he came to the motion for 8001. to be granted to the Commissioners for Charitable Donations in Ireland, when Sir J. NEWPORT called the attention of the Committee to the nature of the institution of these Commissioners, and a rec9nt circumstance in their procedure, which demanded the notice of Parliament before any such Grant should be allowed to them.—. The Commission, he said, was originally vested in a certain number of the House of Lords in Ireland, and its truly laudable objet was to prevent abuses in the disposal of charitable donations and bequests, by pre venting the executors, trustees, and others, to whom such bequests were confided, from converting them to their own private emolument. The Commission jvas executed by the Lords' Committee up to the - union, and it then became necessary to p provide other managers, who were accordingly appointed. About two years since an elderly Catholic Lady died at Wa terford, and by her will bequeathed to charitable uses a sum of 11,0001. of which 10001. was to be distri buted amongst the poor of Waterford, expressly with out any distinction of religious persuasions ; and the l remainder was to be appropriated partly in providing an asylum and maintenance for a certain number of decayed gentlewomen of the Catholic persuasion, and for educating a certain number of boys and girls, the children of poor parents, and the Executors named in the will were the Citholic Bishops of Cashel and Waterford, and a Lay Parson. The Catholic Bishop of Cashel declined to act, but_ the others did not. — A letter was written to the acting Executors from the Commissioners of Charitable Bequests, requesting some explanation as to the extent of the legacy, its objects, and whether they had transferred the money to the public Funds ? To this, Doctor Power, the Catholic Bishop of Waterford, returned for answer, that some objection bad been made on the behalf of a residuary legatee ; that he had not transferred the money to thelrunds, because it was already in the hands of the Marquis of Waterford, and other re sponsible persons, who paid interest at the rate of six per cent. being much more than it would produce in the Funds, and that he had already begun to distri bute part of the legacy, and would, as soon as possi ble, dispose of the remainder, agreeably to the condi tions of the will. He received an answer from the Commissioners, expressing thanks for the frankness of his communication, and promising to give him no further trouble ; but what was his astonishment to find in the following term, a bill sled against himself and the other executor, in the Court of Chancery (in stigated by these very Commissioners for Charitable Bequests, in direct perversion of the duties of weir Of f ice) for the purpose of setting aside this will be queathing charity to poor persons in Ireland, to de prive them of the benefits of that bequest, and to in crease the residuum to a lady, the residuary legatee, and living at Seville, in Spain. This was, not only a direct perversion of the obvious duties of the Corn missioners to the poor, for whom they were trustees, but it was felt in other quarters as an act of gross prejudice and of religious rancour. There was no law of Ireland for making any provision for the poor of the Catholic persuasion, and surely nothing could b e more c ruel, oppressive, or unjust, than to defeat the humans; purpose of pious and charitable persons of their own sect, who had property to bequeath, from making some provisions for the poor of their own religion, who were not chargeable upon •any other sect. This was felt in Waterford especially, and tended in a very.prominent degree to excite clamour add discontent ; and be therefore wished to appeal to the or la Co w m ex m p iu en ee diw , t w . li w e i th in er c :. are itsi d w i a n s su d c e h Ce a nt wa fo y r such a Committee to apply to this House for compensation Mr. FOSTER disclaimed all knowledge of the cir •etunstance until that * f om ent ; b ut th oug h t t he cir cumstance of any Bill in Chancery which the Cott). ;sAissionees might have thought fit to file, and had yet 'Moro to ne Ism, was net a -amen for refesirg at lids time the usual t. Besides, the Right Monet could sorer a ntertain no doubt that the ca-e,. ousilrdAmßeeTt ARTHUR n it o tic wE e, "'Wore the present L or d Ch ance ll or o f Ireland, L a LEs ndst E t y ju s s a ti i c d e a be fe d w on w e o . rc i : atr hig S h ir es j t. *the same effect. replied, , th b e y pr of essing tr,yhotio JOHN h ec N t and EW v P 2fe rr ratio re n thure aNe and upright character who now filled the Chan- Bench of Ireland, with so finch honour to him.l self, and advantage and satisfaction to the country where he presided. It was not upon any doubt of his stria justice that his own apprehensions were &coded or his objections offered, but in thz jerverse •-eoiltuct of the Commissioners of Bequests, in endea vouring, by a strict research into obsolete Acts of Parliament, to fish out flaws in the legality of a ,will, bequeathing charity to an unprotected class of the poor in Ireland, of whom those Commissioners were appointed the legal guardians and protectors ; in order to transfer the benefits of the legacy to a pereretual absentee resident in Spain. It was not their duty, but much beside it, to fi sh out flaws in the will, even if any existed, to defeat the charitable ends of their own institution, and the humane intention of the be nevolent testatrix towards the poor in Leland, and wantonly to promote litigation and excite new dis contents, already too prevalent. However disposed the Chancellor of Ireland might be to consider and act by the equitable and-benevolent side of the case, he could not avoid taking notice of legal flaws, if they were officiously, pointed out-to him. It was not there fore the proposed grant, but the conduct of those Commissioners, that he wished to reprobate ; for it made no difference whether such proceedings were taken by their direction or by their permission to any legal person in their employment, merely to increase his own professional endowments, in the way of liti gation, and -which must be deducted from the sum of the legacy, and thus directed from the object of the charity. r The motion, however, passed in the affirmative; as did also, without any discussion, a grant of £8,953 to the Catholic College at Maynooth. The CHAIRMAN then left the chair, and was ordered to report to-morrow. -Mr. CANNING presented at the Bar certain Let- , ters which passed between himself and Mr. Pinkney, pursuant to order.—Ordered to be printed. THE DUKE OF YORK. The House resolved into a Committee on the In , qui7, into the conduct of the Duke of York. . Wunieroft .the -Chair. • • Lord MILTON moved that Colonel Hanilhon be '' called in. Colonel HAssir.voN appeared at the Bar as a witness. Q f When did you first know of Captain Sanden being in possession of that note which is now in pos session of the House ? A. He told me of it at Ports mouth the day of his arrival there.— Q. Wai that be fore or after the commencement of this inquiry ? A. It was after the inquiry had begun. Q. Did Captain Sanden tell you he held the note to be a forged or a genuine One ? A. No conversa tion took place on the subject.--Q. When you first saw the note, did you think it forged or genuine ? I thought it was the Duke's hand-writing, and could not therefore suppose it a forgery.—Q. Did you ever see the Duke of York write ? A. Never; but I have seen letters from his Royal Highness on the subject of military business ; and from my remembrance of the writing, I supposed it to be the Duke's.—Q. Did you desire him not to destroy the note ? A. Yes ; I repeatedly , desired him to speak the truth, to have no communication with any person, and to produce every paper in his possession.—Q. When you spoke of the note, and gave him this prudent and friendly ad vice, dist you suppose it was in existence ? A. Cer tainly.—Q. Did Captain Sanden tell you he thought it was best to destroy the note ? A. No, never. Q, (By Mr. WasoN.) Did Captain Sanden com municate to you any motive for wishing to destroy the note ? A. No, he never did. Q. (By the CHANCELLOR Of the EXCHEQUER.) What was the occasion of Captain*Sanden stating to you his intention to destroy The note? A. 1 believe I had better state the whole affair to•the Committee. After I had seen Mr. Adam, I made an appointment with Captain Sanden to meet me at the British Coffee house, and in the mean time I did myself the honour to wait or, the Right Honourable the Chancellor of i the Exchequer, according to the request of Mr. Adam, to whom I related all .hat I told Mr. Adam ; and when Mr. Adam came to Mr. Perceval's, it was agreed that I should meet Captain Sandell, and repeat to him the advice I had aleady given. When I arrived at the British Coffee-house, there were several persons in the room, nd I thought that that was not a proper place to talk on the business ;so told Captain San den I had some affairs which calved me into the City, and should be glad if he would accompany me in my walk that way. He agreed to do so, and as we w ere going towards Temple Bar, he said, I am sorry, Co. fond, I have not complied with your have destroyed the note. I told him I sorry he had done so, for I was afraid ii serious consequence. We parted soot and from that time I never saw him fol night, nor till the morning of the day was committed. He called at my he, gone out. I met him by accident after told me he had called and wished to e: sons for his condUct ; that he had not note, but that he did not mean to pr• Did Captain Sanden tell you, why he to ce the paper ? A. No. By Mr. Alderman CONIBE.) In versation with Captain Sanden, when he note, did he say they had g tor ot this ? aetly recollect that he spoke those words, but he said' the party did not know he possessed these papers. Q. (By Mr. Tnoursox.) Then it seems in the first conversation he told you he hadahe note id his pos. session ? Did he not tell you in the second he had destroyed it? and in the subsequent one, the third, .that he had not destroyed it ? A. No ; .the first con , versation was respecting the papers generally ; in Oa: second I desired him to produce all the papers he had, and by no means to destroy the note. In the third conversation, after we had left the British Coffee , house, he said he had destroyed it; and in' the fourth, l on the morning of the day he was committed, he said he had not destroyed it.-a—Q. Then it seems, a fort. night after he said he had destroyed the note, that is, on the day he was committed, he told you he had nb:- destroyed it ? A. Exactly so.—Q. Was that lute contained in any envelope • and if so, was there any direction on that cover ? A. The hand-writing of the cover seemed not tp he the same as the note.—!:. What induced you to copy the note ? A. I was ci s e. sired 'to do so by Mr. Adam. Q. (By Mr. C. WYNNE.) Were you induced to give the advice you did to Captain Sanden not to destroy the note, from a consideration of the pro priety of the advice, or had you observed any. thing in his conduct which made you think he was likely to "destroy it, and therefore such counsel was necessary ? A. I did not consider my advice to Captain Sandell as that which I would give to any common individual.' Captain Sanden had applied to me as .his Colonel, and asked my advice as to his conduct, and I gave him such as one man of honour would give to Imo ' ther.--Q. Did you suppose Captain Sanden, when you gave this advice, would keep back the, note ?' A. No, at that time no such thing had been insinua ted.—Q. What day was it on which Captain Sanden first told you he had not destroyed the note ? A. On the day stated. Q. (By Mr. Aiwa.) I wish to ask the witness a question, whether, from the first time I conversed with you on the subject, viz. on the sth February, T have not avoided all further communication ? A. So much so, that Mr Adam has avoided communication on all other subiects. Q. (By Lord MILTON.) I suppose you did not communicate what you knew of this note to Mr. Wardle ? A. I have had no communication, nor had I ever the slightest knowledge of Mr: Wardle. —Q. Why did you apply to one party, and not to the other ? A. I have known Mr. Adam many years, and I did not think I could communicate what I knew on the subject to a more honourable man. Q. (133 , Mr. MARTIN.) You have stated that pre vious to your going to the British Coffee-I,ouse, you had an interview with the Chancellor of the Exche quer when was that > A. Mr. Adaris desired me - to go to Mr. Perceval, and inforin him of all the cir cumstances, which I did on Saturday morning. —Q. Did you tell Mr. Adam or Mr. Perceval the note was destroyed ; and if so, when ? A. I never com municated with the Chancellor of the Exchequer after the morning I have stated. As to Mr. Adam, I can only say that I desired Mr. Lowten to commu nicate the circumstance to him as soon as I was in formed of it.—Q. Then you never saw she Chan cellorof the Exchequer, but previous to your going. to the British Coffee-house ? A. No ; I did not. Q. (By Mr. Anwar.) Do you recollect having come . from Croydon to the Horse Guards on Sunday, the sth of February ? A. I arrived in town on Saturday, therefore could not come from Croydon on the Sun day.—Q. Do you remember a short conversation I had with you there ? A. Ido ; a few words. Q. (By Lord FotacasTose.) When did you first know of this note ? A. The first time I met Captain Sanden.—State the whole of what passed. Colonel HAMILTON then stated, that on Captain Sanden's arrival at Pprtsmouth from Plymouth, where he landed with his regiment, he applied to him as his Colonel to advise him what course it would be best for him to pursue ; and in order that he might do so with the best effect, he - would inform him of all the circumstances of his case. Captain Sanden then told him, that some years ago, on his arrival in town, he met with a Gentleman, who pretended that he had it in his power to procure promotions in the army, and offered to introduce him to a person who had great influence with the Commander in Chief ; that soon afterwards he met with Colonel French, and having informed him of this information, they were introduced to Mrs. Clarke by the Gentleman alluded 'to, and the business of their levy was set on foot ; that soon after this he met with Captain Tonyn, who wanted to obtain a Majority, and he offered 500 gui neas to any person who would procure it. That he carried on a negociation with Capt. Tonyn respecting this matter, and the money was deposited in the hands of a third person. That Captain Tonyn be came impatient, and applied to have his money return ed ; on which he had communicated with Mrs. Clarke who read him a note from the Commander in Chief, which he was to shew to Captain Tonyn. That a stop in the business took place, on which Captain Tonyn agreed that his money should remain a few Gazette days longer to see if it would be Gazetted. That in a few days after, he took a second note to vitt ~' .~ 1 ;~ iam sorry, s-o- J- ••.-- ••. -- --•• ----., - ----- • _ r advice, for I Capt. Tonyn, which signified that he would be ga- i ; I was also very zetted on the Saturday following. He understood E` lit might be o f from Captain Sander, that these two notes were -in ii Don afterwards, I his possession ; but the one which he had seen was • I:, for near a fort. I that which mentioned that Tonyn's business must ifil ty on which he I stand where. it did. This was the note to which he ::; use, but I was I had always alluded, and which, with all the other swards, and he papers, he advised him by all means to take care of, ;1 is explain the rea- and produce when called on. .1 , • it destroyed the Lord FOLKESTONE here addressed the Chair. q." )roduce it —Q. man, and said he had just received an intimation c did not mean that Mrs. Clarke was arrived, for the purpose of at. 1. 1 tending the Committee, and as she had been greatly a your first con- indisposed, he hoped the Committee would have ne he produced the objection to examine her immediately, that she might A.. I Llon't ex- be detained as short a time as possible. ~~