Star. — London, England, 1811-02-08 00:00:00

.. ' also expressed their sense as to the restrictions im. posed on him by the two Houses of Parliament. It I I therefore appeared.to him impossible that there conld be any objections to that part of the proposed Ad- I dress. It was impossible for those who had expressed their opinions upon the restrictions, not to deplore deeply the circumstances under which the Regent now is deprived of the utual power and influence be longing to the Executive, and controlled in such a manner as to prevent his exercising a free choice. He conceived the Prince now to be in a most lamentable situation ; and such would, he conceived, be the situa. tion of a King, if he were to be entirely under the controul 'of one or two powerful parties in the State. He conceived this situation extremely deplorable, as tending directly to bring the kingly office into disre pute ; we had now been taught hy Ministers, that the country could go on for three months without any f.xecutire Government ; and we were now to be taught that die Executive can go on, stript as it now is, of the power and influence which had hitherto been supposed necessary to preserve its existence. He therefont could foresee no objection to the. address proposed, and therefore, without any farther observa tions, lie should conclude by seconding the Address. Mr. lavxl.l. said, that for the last three months, during the suspension of the royal authority, Ministers and their adherents had rallied round such parts of the constitution only as went to support theei. Before the Revolution, the doctrine of Kings reiguiog fere wino was broached ; but now the doctrige of Nisi sters was always to identify themselves with the I Crown, and to consider the monarchy o#erthrown if I they wed displaced. Mr. Pavel then alluded to some part of the discussions of the preteding day, and complimented the predecessor of the Lord Mayor, for his conduct during the disturbances upon the irnpri sonnient of Sir Francis Burdett. He hoped it would now be shewn that the friends of Reform would r.ot suffer themselves to be crushed, or repressed by abuse and calumny. Mr. Dixon observed, that the last speaker had said even' thing but what applied to the question. With respect to the character of the Prince of Wales and his virtues, there was but one opinion throughout the country. There was no riwn who respected his high character more than lie diimself, or who would go farther to shew this respectful attachment (Some lauzh lag.) At the same time, he must reserve to himself as an individual, his political opinion, which was the same now that it always was. Mr. Dixon was then proceeding to tell a story of Lord Erskine having lately paid a visit to Mr. Wood, and of some conver sation of his Lordship, which had been overheard in the street. Sr. WATTIINIAN spoke to order. He never heard any thing which appeared to him more contrary to decency or sense, than to detail to that Court a con versation said to have been overheard in the street. He would positively deny that the address now pro posed originated from any suggestion of Lard Ers lc ine'.:,, or any Member of either House of Parliament. He save nothing extraordinary in the circumstance of lord trskine having visited Mr. Wood. Mr. QUIN also thought it was disorderly to state conversations in the street, repeated at second hand. Mr. Deputy PIIILLIPS said, it was unusual for ad. dresses to poemd from that side of the house, but he would ask that Gentleman hirrisaf (Mr. Dixon), who was more in the habit of moving those addresses than any other person in that Court, whether he had not repeatedly proposed addresses on the suggestion of some Members of Parliament ? His :addresses, how -ever, had been of a different description, and fitter 'for slaves than freemen. He hoped the present ad dress would not resemble his addresses ; but that it would speak to the Throne .and the Prince, the real, situation of the country. He hoped that it would not say we were the happiest nation in the world, at a time when we were groaning under the pressure of so Many misfortunes. Mr.Gatrrrrit said a few words on the impropriety of stating in that Court such things as had been scat. ed by Mr. Dixon,about conversations overheat(' in the street. Mr. Alderman %atm thought that it was quite unnecessary to repeat to his Royal Highness what had been already said about the restrictions. He should prefer 4 simple address of congratulation. Mr. QUM would not enter into the motives which bad actuated both Houses of Parliament in the mea sures which they had adopted for supplying the de tect in the Executive Power ; but when he looked back at the . load of taxation under which we gr. an— at the total loss of our commerce, and stags ation of our trade., he could not but consider the last ?ilea. bares our weak Ministers have been guilty of as in crease of our miseries—as the last end greatest of nor celamities. By this appointment of the Prince Re gent, they had a Ministry still continued, the least able to save the country from its perilous situation.— He saw an lion. Baronet smile; but let him put his land not only on his lieeel, but his heart, and say that the last act of these men was to be justified. Were those miserable ministers to set up a seal, end fay to it, e: be a King—be oar Sovereign i" The worthy Alder man (Bitch) had talked of an Address of congratula tion. No, it ought to be one of sorrow and. condo lence. Would nulling pleese the worthy Magistrate (Alderman Birch) but alwaye Addresses of congra tulation ? They ought to chew the waste of b lo od teid treasure in ill-fated expeditions, and petition his Royal Highness, as far as was in hie power, to pre. vent the recurrence of such fruitless measures; and as ler as he could, to- relieve their other distresses.— Above all things, they ought to ley their stress, as the climax of their hopes, on a-constitutional Refixes - ?a the House of Commons—never should they telin the hape of giving:to the people as honest A re• eiese.ntation as powilele. Notwithstanding the many erniable qualities of the Prince of Waive lie cannot (e) that ( tinder •theie restrictions) to redress the nee :renal grievances 'alien be would.. He was,however, tee only Prince of Wales who had told the people, feet the Kingly cower was a trust Irons the people, to be held for the benefit of t.l v people. Mr. Alderman &eel* contended, that it would be rnost unhandsome to address the Priam at the Very ( ~m mencement ofhis regency; pith admonitions con c, n:lig his deities. As every body , Was agreed in be stowing praise on his exalted virtues , why should they not allow hint an oppenteeity of displaying those virtues, without giving hies a lecture on his duties in the very out-set of his government ?He theeefore ob iected most decidedly to any other form of address but that of coalgrataittion• Mr. CRUP . PITITS spots, for a short tithe, in krocr the motion. Mr. H EARN said, that the constitution of this coun try consisted of King, Lords, and Commons; and he did not think the Common Council of the City had any right to come in as a new power to controul their proceedings. Mr. WarrustAsr said, that he at Est expected that the motion would have passed without opposition, and he therefore, when he rose to second the motion, ab- stained from making Many observations. After the turn, however, which the discussion had since taken, he found it impossible for him to continue any longer silent.• • A Gentleman on the other side (Mr. Dixon) had, in a manner contrary to every idea of decorum w propriety, stated to the Court a convey miens of Lord Erskine's, which, he said, was over heard in the street. If it was endured that such things should be stated, it became necessary for hint broadly and distinctly to repeat, that the motion for tp4eNsresent Address had not originated eithe r w i t h Erskine or any Member of Parliament. It had originated among a very few Members of that Court, of whom he was one. He wondered, however, that that Gentleman had considered Lord Erskine's visit to the City as a matter of such suspicion. Did i t neer occur to his Jagatiout mind, that Lord Erskine had been the Peer selected by the City of Loudon to present to the House of Lords the petition of the Common-Hell ? It was well known that tier t Petition had been withdrawn, and was required to be presented in some other form : it was therefore natural for Lord Erakine to wish to know the sentiments of the persons concerned in it. For this purpose he called as early as ten o'clock in the morning on the City Remerabrencer, and afterwards upon him ; and it was upon his sltsgestion that he had called on Mr. Alderman Wood. He was sorry to be led into this statement ; but after what had been said by the Gentleman on the other side, he found it impossible to avoid it. Not only that Gentleman, but a worthy Alderman (Al. derman birch had stated their full sense of the vir tues and good qualities of the Prince of Wales. Now if the worthy Alderman did really feel that convic tion, it was a most extraordinary doctrine that he held not many weeks ago, when he said that the effect of appointing the Prince, Regent, without restrictions, would ee to tear the Crown from off the brows of his father. How could he reconcile these things? He, for his part, was not in the habit of imputing bad mu tives to any body ; for even if he were confident the imputation was just, such a practice went directly to destroy all freedom of discussion. The Geialenien on the other side, however, did not always act in that manner. He happened to have a paper in his pocket (Mr. W. here probably alluded to the coonter-de cleratioe), wherein those Gentlemen had not he sitated to declare e their detestation of the abomi. nable doctrines which a sew factious individuals brought forward under the mask of reform, but really tending to tear down the prerogatives of the Clown, as well as the privileges of Parliament." Now, as he and his Honourable Friend (Mr. Quin) might be considered the leaders in bringing forward the doctrines alluded to, he did not think he owed much courtesy to those who had spoken of him in l' ' such a manner. Recollecting these things, he thought; be was entitled to say, that he would not give credit to their sincerity, in congratulating his Royal High. ; ness, when they did every thing in their power to cripple him in the discharge of his royal functions. If 'this address,like to my former addresses, would express confidence in the wisdom and vigour of his Majesty's Councils, he had no doubt but that those Gentlemen would like it very well. They had succeeded, for many years, in calumniating all the friends of reform —they had long made use of delusions • not but that delusion was now gone for ever. As for his part be had nothing to ask or fear, from any set of men who might be Ministers. The present Ministers had done wore• than depriving the Prince of the influence usually at tached to the executive: for they had put that influ ence in other hands; or rather, they had reserved it in their own. hands, to controul the power of the Regent. If the country were genedlly to entertain the suspi cious of the Prince, which those proceedings in Parlia ment, and the speeches of the worthy Alderman (Al dermen Birch) upon a former occasion, tended to convey, what a phantom of phantoms was the execu tive power of this' country to remain ? When he looked at the situation of the country, and saw ICS I commerce almost annihilated, and all the channels of our trade cut off, the workhouses overflowing, and those who cried out most loudly for the present war, now trembling for the consequences of it,he thoughtnothing { could be more unreasonable or absurd than an ad i dress of congratulation. He thought that in the pre sent situation of the Prince, controuled as he was, so as to be prevented from doing the good he wished, it would be right for that Court, the representatives of the City of London, to assure him, that whatever party may endeavour to fetter or controul him, he may depend upon the attachment and support of the people of this country. He thought it of so much coasequence that this should be the language of the address, that he would rather it was carried even by a maj ority of one, than that an address of congratu - lation saould be carried unanimously. . Mr. Alderman Blacu again repeated, that it re mained his opinion, that it the Prince had been ap i pointed Regent without restrictions, the effect of such all appointment would be to tear the crown from the brows of his father. Mr. Mewmee made some observations in favour of the motion, and expressed his opinion that no con fidence could be placed it: such Minister s as the present. After a short desultory conversation, the que3tion was put on the Resolution, and caned unanimously. A Committee was then appointed of all the Alder men, and a Commoner from each Ward, SO prepare such an Address. The Coinmittee.appainted to draw up the Address continued sitting about an hour ; after which they I brought in their Report, upon which strangers were ordered to withdraw. Some discussion then took place upon the Address, but we understood that it was carried by a great ma jority of voices, without a division. In substance, it condoles' with his Royal Highness on the afflicting illness of his Royal Father ; laments the restrictions which have been imposed on the Royal functions in the hands of the Regent ; but expresses an ardent hope, that the powers which he still enjoys will be em ployed in the reform of abuses, and in promoting the best interests of the eotantry. The Court then ad journed. 1.4, kirELLt6l..wcP. COURT OF RING% BUNCH, FEB. 1. JUDGMENTS FOR LIBELS: ?TIE iCtNG TY. act:emus ROCHE. 1 • The Arronxtr-GF:vertaL prayed the judgment of the Court against Mr. Eugeuius Rothe, the Editor of The Day newspaper, who had suffered judgment to go against himself by default, for the same libel for which Messrs. Fisher and Harvey, the printeinnd publisher' of that Paper, had already received the judgment of the Court. Our readers will recollect that the libel was levelled against the soldiery, who were assernblea 'to keep the peace upon the occasion of the riotous as sembly in Piccadilly, at the time of the execution of 'the Speaker's warrant against •Sir Francis Burdett The libel accused the soldiers of unwarrantable chi , lelty in charging upon the mob then assembled ; as- krted that they seemed to take a delight in pursuing . the people to extremities ; and concluded with observ ing the jaded appearance of the military in the morn ing after the riot, 4 , their swords stained with the blood of an ttnoffeuding people, and theircou n t enances 'betraying the remorse of their consciences for tlie wanton cruelty of which they had heen The Defendant put in several affidavits made by himself, and by Messrs. George Vincent Dowling, David Curwen, Edward Seymour, and Peter Cour tier, gentlemen likewise on the literary establishment of The Day ; from which it appeared, that the pro prietorship of that paper was divided into 300 shares, and that the paper was conducted by a committee of 13 of these proprietors, together with a chairman and. a secretary. The paper is well known to be the pro perty of the Auctioneers. It was at first edited by a ' person who had the entire management of it, and gave to it what political' tone was consonant to his feelings ; and when it v:as conducted in this manner; the Defendant tilled the situation of second writer in it. The Committee afterwards saw reason, however, to make an alteration in this plat} ; and upon the se cession of the first editor of the piker, that office, as far an related to the management of the paper, and the conduct its politcs, was assumed by the Committee themselves, who appointed the Defen dant nominal Editor under their entire cosicroul.—H For the purpose of giving in his name at the, Stamp-office, as the law required, five shares in, the paper were tranferred into his name. Previously to the publication of the libel in question, it had been settled by the Committee, that, for the purpose of in creasing the sale of The Day, the popular side of the question relative to the apprehension of Sir Franck Borden by the Speaker's warrant should be taken by that paper ;, it having been found that the sale de- creased by the circumstance of its having sided with die proprietors of Covent-garden Theatre, in their dis pute with the public. The defendant gave it as his opi nion, that this measure would certainly hirve its effect of increasing the sale of the paper ; but added, that the politics of Sir F. Burdett did ifot coincide with his views ; and that, although he considered it his{ duty to conform to the wishes of the Committee, he must not be expected to support the principles of j Sir Francis Burdett with any degree of warmth Oa the evening before the publietition of the libel' in question, Mr. Dowling was appointed by the Co mmittee to go to Piccadilly, 'for the purpose of re-' porting the conduct of the populace and the military there assembled. Mr. Dowling arrived' at The Day office at about one o'cieck in the morning, and was naet there, by Mr. Phillips, inctioneer, of Newßond-, street, the Chairman of the Committee, with whom he held a conference, in which the defendant did nut join. I It was otherwise sworn, however, that Mr. Dowling took Mr. Phillips's instructions as to the tone *of the article, which formed the libel ; and that upon Mr. liowling"s asking him what he was to say of the mi litary? Mr. Phillips replied, ~ don't spare them."— At this late hour, Mr. Dowling began to write the libel upon very small slips of paper, which were car. tied away to the printers, as fast as they were writteni without giving even Mr. Dowling an opportunity to revise them. The defendant waited at the office till three o'clock, in hopes to be able to revise what 1 Mr. Dowling had written ; but upon his asking `the printer for a proof of the article, he was in- I formed that there was not time for hm even to have Ia sight of it ; and that such revi s e co u ld b e o f no us e, since, if the defendant were to mark any thing for cor- I recoon, it would be quite impossible for such correction 'to be made. The printer of the newspaper had con- I tracted with the proprietors that the paper should be ready for publication every morning by 6 o'clock,and had received orders from th to, not to obey any com mands which should militate against this punctual publication, under penalty of losing his situation ; and the defendant's affidavit stated instances in which hie particular orders bud been forced to yield to these general ones of the Committee. Upon the publica tion of the libel in the morning (till when the defen dant never saw it), he saw its injurious nature with regret and horror ; and, for the putyose of counter ' acting its effect he caused a letter to be written, signed .. A Loyalist," and entitled ~ A Vindication of the Army," which was soon afterwards inserted in the same paper- This indirect apology for the libel was the only one the defendant could insert, as it had been decided by the Committee, to whom the defendant represented the libellous nature of the article in ques tion, that no direct apology should ever be made fbr any article in the Day. The Defendant contrived, however, to insert two paragraphs in the paper, in 1 alirect contradiction of the statement shkli had been before made, relative to the conduct of the soldiery in Piccadilly ; and otherwise endeavoured to counteract its effect in a paper, of which the defendant was she uncontroled editor. Since the period of the libel, the defendant had be. come less resit icted in his conduct of the paper, and it now bore the character of a Criovernmeat print, to which tone the defendant had brought it round by degrees. The defendant put in other affidavits by Mr. Hoare, the burgher ; Mr. Darbyshire, the surg eon ; and othlts, as to his peaceable character and loyal principles: and the surgeon further swore that the defendant had been afflicted with an asthmatic complaint, and had at times been visited with a spitting of blood ; and that be verily believed the dampness and confined air of a prison would endanger his life. The ATTORNILT-GIDIXRAL addressed the Coon npon the subject of these affidavitaomany of which, he said, the defendant was very ill-advised to produce. 24. MARNOTT addressed the Court in mitigation 1 btehttskosit, Inswing partieutarty the in the defendant's anidavits: The defe9nt entirety udder the contronl of the Corn&Mee could he do /- Lnrit ELLIINBAROUGH.—VhIy, prefer and quit an employment which it w conscience to retain: The Learned Counsel urged the as deuce which restrained the Defendant, was, and his wife in a state of pregna, tily 4ditting a situation. from whir': sole support, without hating any other Lord t Etexe.ortourair again interrupt .while he was proceeding.rather too far the Defendant from any moral guilt, ! the circumstance of his lending his natne Office as the responsible Editor of a p 7 a libel like the present. The Defendant was ordered to be the custody of the Marshal of the 11; brought up for judgment on Monday TILL KtSG J. FINNFIL;If. The ATTORNIN-GEVERAL moved for of the Court against L'. Finnerty. Mr. Finnerty presented his amended tins that if th , oe was any thing obj , it, still it had oaly proceeded from his to ascertain the will of the Court. voured, hotinter, as far as possible, to self to the precedent acted on by the ' the ens: of Colonel Draper. The affidavit was read to I cert lin its proceeding to state that the &lent able to offer a justification of the whole point out objectionable features in the Lord Castlereagh in Ireland, Lord Ecuttmoitouou observed that Clings on which the Court had former!. with disapprobation. They were not meats or affidavits in justification, but He elpetted the defendant would have to come up to-day, in the spirit of mit fence, not of justifying it. Mr. Finnerty said, so far as the Court of the Country was concerned, he did that spirit ; but to do so, he mint shew justified as to Lord Castlereagh. : Court would not lay aside his affida' proper expression, but would receive far as it went to show that he laboured tion of mind, in Lonseqiienee of the treat. Iformerly, and more recently, experienced Castlereagh. Lord ELLENBOROUGIII said, if the justification, it must be laid aside. The to be insulted. After advising the was best for him to do, they vrould'not affidavits thrust Upon them. Mr. Finnerty assured the Coen h , ceived. He had withdravrtitsvc.thir affidavit, and had retained of that formerly been allowed to be read, on seemed to have passed without object of the Court. IT there was now arty in the affidavit,: it proceeded only(. judgment, on account of which, in one trusted the Court would.uot enorsly exclisale die means of vindicating himself, as the alledged offence. If the Court him till tq-morrow, he should whil which, from chat he now understood of the Court, could possibly (dread. Lord Et.caNnoitemou said, the d , . ready had an opportinaity of filin g a and he had pertinaciously forfeited could not indulge him from time suited his will to come in a proper mi came a person in his situation. He the Court had already said, and thel trifled with, or argued out of their d. Mr. Finnerty contended, that 1 • conduct entirely by the rase of Col There were statements in the ;add tendered, which would astonish the would hear them. But. if he was not state than, he must subrn't. He then gave in them:lark of D: accompanied the expedition to Wal Mr. Power represented the preiudi the delendant, in consequen c e et the him, which had hem is.ned, to he sm. not have conceived it safe for the def.' himself on the British lines, in cow he dissuaded the defendant from g company. This affidavit was admitted, and by Dr. Lipscomb, who had lately at dant, stating his irritation of mind that he esteemed him in great peril rangement, or even of death Mr. Finnerty then offered the a( O'Connor, relative to a Mr. Chit asked, to what the affidavit referrer (erred to a fact of a person's having Botany Bay on the warrant of Lord without trial. The Court said it could not be reci Mr. Finnerty—lf the Court coup' guilty of such an offence, would the' speaking of sich a man ? lie then offered in evidence two which, he s:titt, would fill the mind , horror at the bare recital. • Lrrd ELLESIOROVGH asked, were ing pt.rons who were not befnre an encrmity not to :he tolerated. must be refused. Could the defend& decency. have attended to the recur Court, and come forward with such Mr. 'inflect" said, he had told would wait till tO4IIOIIOW he nom affidavit. Lord ELLENBOROUGH observed, simple enough to believe that the profit by the recommendation of found he had been deceived. W; mote the defendant would wish , would venture to say should be recoi , Mr. Finnerty understood he war any thing in exteduation of his ow, what would extenuate his offatce as lic, and against the law of the land, eiggrav ate the clfence as against ' —He wished to treat the law of the spect, but by 410 means to make • what he had said agaiauit Lord the abeve pr - kinti defeqinnt acted unfniftee: w:i. t er duty to profit, Rent against his motives of pru. r, married as he ancy, from has. he ilerived his r in view, ited the Counsel, kr in exculpating f by adverting to Me at the Stathp leper containing e committed to Nfarshaisea, and r next. If. or the jiadgrrlist led affidavit, sta. objection. ble in is want of ability. He had elides. to conform turn- e Court itself, in 3 length ; but on endant should be hole libel, and to Le government of that these were lerly commented t to receive state- out in Mitigation. Lye been prepared mitigating his ot. !otirt or the Law did some up in flew that he was He hoped the lavit for one im- -4e it, at least s.k ared under irri a. treatment he had &need from Lord affilavit went to le Court was not cLtendant what Lot have improper he hoes been de. irds of his former t part which had nay such part as ction on the part 9 , thing improper from an error in one particular, he exclude him tient • s to every part r t r would indulge .it all that p krt hod to be the defendant had al.' a proper affidavit, d it. Tile Court e to time, till it mind to act as be- • fe had heard what ley were not to be d^termination. • had shaped hit :olanel Draper.-- davit he had note 2e. Court, if thef 3t to be suffered . David Power, vet alcheren, in which lice raised "against it order relative to aich th it he shield defendant to chew :sequence of which g king into public id also an affidavit atteuded the defen- -1 to have been such, ,evil of mental de- affid reit of a Dr. innery. On being ed ? he stated it re. 1g been banished to I Castlereagh alone, received. Id behave this Lord they punish him for .0 other affidavits, ds of the Court with 'ere they to be try . . t them ? This was L. These affidavits dint, with common oratnendation of the h Affidavits as these! ' Id the Court if they °old new model his that he had been defendant meant to f the Court, but he vas there any thing to oiler which he eteived ? as at liberty to offer , own offence. Now as against the pub. fld, must of course Lord Castleteagt• the land with all.re- • any atonement fer Caitlercaglt. The