Star. — London, England, 1811-06-13 00:00:00

• o ff e nce was rather conceived an aggravation ; for the taken hold of, and k was said that he acknowledged Judge who passed sentence on him prefaced his ob- it pleasure in running down the aecosed ill cases of served , ns by saying, that it was no excuse for libel- ll libel. The word pleasure had probably escaped him, tin t the Government of thi s country, to eliw that' he in speaking inahat House,on Collier's conviction; but had also libelled that of the enemy. The sentence the word was not at all applied to the conviction, pro nounced was imprisrinment.fer 18 months, a fine ; but the prompt discharge of an official duty which he of coo, and to find security for his good behaviour had been accused of neghating. There could be no tor three years. He did not think it necessary to thing less consonant to the true practice of Coutts than state the article at present - ; but the way he wished to suppose, that in giving judgment they were to wan to put it to the House was this—whether it was not der from the case before them, and judge of it by the hard that such a severe punishment should be ;fifties result of other decisions in other places. In the rase ted on a man for that which another Jury conceived I of Collier, who had libelled the Commissioners of the so be no crime t The offence of libel was only Income Tax, he (the Attorney-General) took parti cognizable by the law as having a tendency to a i ciilar and personal pains to ascertain how far there breach of the peace, and therefore the shades of this might have been just cause of provocation on,his part. I *fence must depend upon the greater or less tendency t Such cause might not excuse a libel, but it would have to such a breach of the peace. When opinions, then, satisfied him (the Attorney-General) as to whether he ' were so nearly balanced, whether there was any thing should file an information. There was, however, no tending to a breach of the peace or not in this ars t sufficient ground of irritation. Collier had resisted tide, was it not a great hardship to inflict . 1 s severe the payment of the tax for three years, and ended a punishment as if the offence had been so clear by libelling the Commissioners. The information that there could be no two opinions respecting it ? Was filed on the complaint of the Commissioners. — The other case which he had to call their attention to, Unfortunately they made an agreement with the two was that of John Collyer, a dyer, in Manchester.— - Printers to pass them by, on giving up their author, This man had been surcharged before the Commis. I and this without the knowledge of the Attorney.Ges sioners of the Income Tax. He appealed from this neral. It was said that Collier was ignorant of rhe surcharge, which rated his income at £3OO per an- libel; but he read it twice, after it was written, num. and swore t h at it really amounted only to Rl6O. signed it, and paid fifteen shillings for inserting it in The Commissioners, however, only thought proper another paper. This libel was not merely a state to diminish the surcharge to £250. This circum- raent of his private grievance, but a kind of mani stance injured Collyer in two ways. Some of his festo, a general declaration, that the Commissioners neighbours gave out that he was in declining circum- delighted in pressing down the already ovetburthened stances, while others considered him a perjured man, Manufacturer. The punishment for a libel of this as his oath had not been believed by the tomroksio- kind, which went to impeach the character and en nets. It, therefore, appeared necessary to Collyer to danger the safety of very honourable and useful men, clear his character; and for this purpose he called deserved to be a marked one, and in that view, Col upon the Editor of a Manchester paper, and stated Tier's offence was lightly visited. . ~ what be wished to have represented, and said he Mr. WHITBREAD would say but a few words. would pay for it as an advertisement. As he was He must think the system of punishment for libel, of an illiterate man, he could not draw up a statement late years, extremely severe. He had just learned, himself ; and when the Editor offered to do it, he that of the two printers, Hart and White, whose con begged that hi might take particular care not to 6nement of three years was expiring, one was under pot any thing libellous, or that might offend the prosecution for a libel inserted in his paper at a time Commissioners, in it.. He expressed this hope again when he could have no inspection of it, and he hoped before he signed his name to it. It so happened due attention would be paid to this circumstance.— that this article was afterwards copied in a London' As to Collier, the punishment was undoubtedly se paper; and the editor of it, Mr. Lovel, being convicted vere ; he was acknowledged to be an illiterate man, for that libel,was sentenced to 12months imprisonment who, thinking himself injured, desired to make Isis for it. The Manchester Editor was forgiven uon' injury public, but not by libel. He expressly desired giving up the author ; and this illiterate man, seho had that libel should be avoided ; and was this a subject merely signed his name under the circumstances sea- for a year's confinement ? It was to be hoped, that ted, was prosecuted to conviction, brought up for the case would be represented to that quarter from judgment, and sentenced to twelve months imprison- whence mercy would no doubt flow generously. He :sent. This did appear to him to be a most extreme must vote for the Motion. measure of punishment for such an offence. If this The CHANCELLOR. of the EXCHEQUER sentence was compared with many on convictions at took a shot t review of the arguments on both sides, the Old Bailey, it would be found that there two or and insisted that the Judges must be supported in three months' imprisonment was considered an ads- their sentences, when no evil motives were to be sus quate punishment for crimes of much greater enor- petted. A partial statement coming to the House may. His Lordship here read the whole of the let- was not to supersede the true question and the Law. ter so pronounced a libel, of which he conceived the The Judges had both before them. In the case of only passage which could be considered approaching Collier, the intention was to create tumulr; and when to a libel was, when talking of the hardship of the the libel was addressed to the Salford manufacturers, income tax, it added, "How doubly oppressive must talking of their oppression and, oppressors, it was not it be in the hands of the Commissioners, who seem to meant to be a dry expostulation. The Commissioners, take a pleasure in taking from the burdened and al- most respectable men, who did their duty without any most broken-down manufacturer, more than he could salary whatever, and who had an unpopular duty to spare." This was the whole of what could be stated to perform, were not to be exposed to libel and violence ; be a libel; and the Commissioner, of the Income-tax and Collier must have known the objects of his own did not themselves wish to prosecute him for it.-Btu oddness. The House by granting the motion would informed him that they would very gladly. get him throw a suspicion on the Court of King's Bench, for out of the scrape -if they could, but that the busi- which there was not the shadow of a ground in any tress had got into the bands of Government and the thing that had been stated this night. Attorney-General. Notwithstanding all those circum- After a few words from Lord FOLKSTONE, the stances, he was brought up for judgment, and sen- question on both was put, and lost without a division. tented to imprisonment for twelve months. The case' The CHANCELLOR of the EXCHEQUER then moved the really appeared to hint to be so very grievous, that if readingof the other orders of the day. he was in any situation which gave him access to the Mr. BANKS entered into a detail of the reasons which had Prince Regent, he would present a memorial, reeom- rented andbringing ais up the Resolutions of the Committee on mending the case to the merciful consideration of his, T he C es H ps ANCELLOR of the EXCHEQUER followed on the Royal Highness. He hoped that some Peer or Privy • same subject. i Councillor might act as he had suggested : and, in- I The House then resolved itself into a Committee on the Vote deed, when he considered the kindness and benevolent of esorealt• conversation took place in the Committee,lsetween Mr. character of the Right Honourable Gentleman (the Bank,,, Mr. W. Smith, the Chancellor of the Exchequer, and Chancellor of the Exchequer), he hoped that he would Mr. iiuskisson, on the subject of subsidies; after which the House consider whether this was not a case to recommend to resumed, and the Report ordered to be brought up to-morrow. mercy. He must now state some collateral,circum- ' The other orders of the day were theta disposed of.—Adjourned , stances to shew the common feeling with respect to at half-past eleven o t aloclL prosecutions of this sort. When he had resolved to inquire into this business, he employed a very re- I spectable solicitor to get copies of the. informations, upon this subject. When application was made on the subject, the observation immediately occurred, that care must be taken that the Attorney General should not know of this application, for fear he might press for a severer judgment. Even when the counsel for the prisoner (who by some negligence had I not got their briefs in time) wished to put the busi ness off for a day or two, the Attorney-General him self answered, " who will answer to me that in such case Lord Folkestone would not complain in the House of Commons?" It. appeared to him that the i Attorney-General ought to act on his own sense of what was right, and what was his duty, regardless I of what might be said by bim or any person in 'most ther place. But he - (Lord Folkestone) had never found fault with him on the score of lenity for not bringing libeliersup for punishment. His complaint was of partiality, and that he only took notice of the libellers against that political party with which. he was connected; leaviaig other libellers full as great i n perfect imptinitY. It was said to be publishing a libel, to put it in the shape of a letter into the Post office ; but .what man was there who supposed him self aggrieved Could :avoid writing letters at least as strong? After some farther observations, he con cluded by moving " for Copies of the Information in the cases of Mr John Drakard and Mr. John Collier." The ATTORNEY-GENERAL regretted that he had not had some earlier knowledge of the motion, as he would then have been enabled to speak from a more accurate memory of the case z but he must assure the Noble Lord (Folkstone) that the expressions, " What would be said if I delayednow," were not meant in any serious or sarcastic allusion to him. The Noble Lord said, that even the Attorney for the defendant was un willing to have any correspondence with him, through fear that its being known might injure his client.— That must have been a gras s misconception wherever it arose. It neve r could be his (the Attorney-Gene ral's) intention to -visit such a correspondence on the bead of any defendant. Another observation was, that when the Hunts were acquitted, Drakard ought not to have been condemned : but the grossest parts of the tibel were omitted in the publica_tion by the Hants. A phrise of his ( th e -Gal's) bad been S . , • .. .'": ~.ataaaa—Li!ast....... THE I, A.N6 LONDON. THURSDAY. JUNE IS. PRICEIIF STOCKS Tkin DAT AT ONE O'CLOCK. S per Cent. Reduced 84.--4 per Cent. 80{ Cons. money shut—for opg. 6111-omnium dis. to par Eacheq. Is. dis. to Is. prem.—Bonds Isl. pre. Dispatches from Lord Wzwriorox, dated from Head-quarters near Elvas, were received yesterday. They principally relate to the progress of the siege of BacLijoz, and the retreat of Marshal t Souvr to Seville. It appears by the printed Journals from Lisbon, which are to the $d inst. that the Spanisla army of Murcia, which was formerly stand to have entered Granada, defeated Slims-rimy t on the 13th near Baz a, with the loss of 500 killed and wounded, and 160 ;xi sobers ; and the Spaniards are stated to have subse quently advanced into Andalusia. MAteIONT, it is understood, has put his troops in motion for the South ward, in which case the principal part of our army on the Agueda will of coarse be at liberty to make a similar movement. Letters from Cadiz to the 31st ult. have been re. ceived by the Diana Packet, which has arrived at Falmouth. They state, that the French were pre paring to raise the siege of Cadiz, and that General GRAHAM had ordered eve, boat that cold be spared to be in readiness to convey his gallant army to a n y point from which the enemy might be annoyed in his retreat. The Cadiz letters say nothing of .the arrival of Soutr at Seville; but it is not likely that he would give much publicity to his hasty return. He seems to have been roughly handled in his retreat ; and it is with reluctance we have to inform our readers that General GAZAN, and the 4000 wounded men whom he had under hi 3 care, et communicate& in hia , • eepted letter to Salmi', have been massacred by the 0 , Spaniards f An active Guerilla has intercepted Prince D'Astitio- Baas, and his escort of 100 horse, in their way from Seville to Madrid, and made that chief himself, and about SO of his cavalry, prisoners. The Prince D'- Astemnrao has shewp great activity in the trench service during the invasion of Spain. When taken he had important dispatches about his person. The following letter fully proves how important the acqnisition of Figoeras was to the patriotic cause " TARRAGONA, APRIL SD. " We have taken in Piper's 45,0(0 mama orhrat,"22,ooo rations of bread, 11,000 quarters of barley, 4000 alder of bacon, $OO pipes of brandy, SOO live oxen, IWO pieces of seri% ry, 80,000 muskets, with powder, ball, granaries, and other ammu nition, adequate to sustain a siege of ten years. Two millions of percetas (a silver coin, value about Mid.) with all the money and valuables of the Generals and others, with 800 carts to convey these edicts to any more convenient situation. " Paints, before he entered ripens, cot his way through w army of 7000 men, of which be destroyed a whale battalion, Idling only b 0 of his own followers. " The French have assembled all their forces in the Ampor• dam in front of Figuerts, say about 8000 strong. We have 7000 men, commanded by SAlsritte, with WOO cavalry quite Close to them. his presumed that battle has been already given. " We lave an account of Svelter having left Lerida with 5000 men. .kila Object doubtless is to secure Gerona and Ostal rich, where the prrisous are on half allowance. if Salarittm, at We expect; has beaten the French, he will babble to attack Rayner, and Hit enemy will be cleared from the province in a abort. time. Wei We the more aosildent of success, el Sent.. TULA Mt 10,014tWarp-oloooters with him Not computed in his regulars) who light like lions, but with no sort of order. " Doctor Rovtxto after taking Figueras, made an excursio n leap France, with 6000 of these shary-shooters, to plunder and destroy. "The Valencians have their liead-quarters at Uldecona, and threaten Turtosa with an attack. " Of 18,000 French, tbaCiwero to LT wage Marenta, only one was allowed to escape, %tell the story of the late of his companiow to the French Commander." The Cadiz and Lisbon mails of yesterday, both concur in stating that a Revolution against the Bona parte family has broken qut in Genoa, the inhabi tants having invited Admiral s Sir CHARLIS COTTON, who commands the British fleri in that quarter, to 1 co-operate with them in throwing off the yoke of their oppressors. Government have not, as yet, received any advice% of this nature however. The intelligence from the North, by an Anholt Mail which arrived last night, seems to indicate that Swe den may probably take a share with Russia in the event of the latter power declaring against France. The brave conduct of Sir JAMES SAUMAREZ has had a wonderful effect upon the Swedes, and they now appear to be disposed to conciliation with this coun try. The following letter from Gottenburgh com prehends nearly all the intelligence received by the r above Mail : LOH, MAY so. " BIRNADOTTE bas rendered himself extremely popular.—ln every Swedish port orders have been issued to take all Danish vessels, to burn all their privateers, and make their crews priso ners. The Danes have more thap 400 privateers. lam assured that BoNAAAATC has confiscated the property of Btax.snorre in France, and that the Swedish Atr.bassadoc. has quitted " 7 he Prince of Ecaxeas. has expressed himself with much Insolence to the Swedish Amlaassader at Hamburgb, respecting BrINADOTTZ. -------- - - - " A war with Denmark seems to be unavoidable ; but things will take a different turn if Russia have composed her disagree ments with France. Britsthvervrt has expressed himself dis tinctly, declaring that the taking cf Swedish ships by Danish pri vateers, will be considered in the light of aggression and hosti lity. It is reported, that Prussian as well as Danish property willbe confiscated. " The order to unload the ships was only put In execution at Corkin= and Carlscrona. The foreigners received order to de part from these two places, and then the unloading was stopped. All goods were afterwards put at the disposal of the owners ; but ' with the condition that they should not be exported." We likewise learn from Gottenburgh, in relation to the disputes between Sweden and Denmark, that the privateers of the former Power had taken two gun. boats belonging to the latter, as reprisals : inasmuch as Denmark never lets slip an opportunity of captur ing Swedish vessels. By way of Gottenburgh, it is stated from Ham. burgh that several fresh arrests had taken place in that city among the merchants, on charges of correspond. ing with 'England ; and the accused were, conform ably to the orders of the French Government, sent in custody to Paris. A Heligoland Mail arrived this morning. With the exception of an article which states that the Ex- King of Swann: has taken up his residence at Heli goland, for the present, the following is the only in telligence brought on this occasion : HELIGOLAND, JUNE 8. The measures adopted by the enemy to prevent all intercourse with this island are becoming more and more rigorous. A number of troops have Lately re turned to the coast, and been stationed in the adja cent islands. No fewer than 300 men are said to have entered the island Nordeney. The Governor of Wangeroff, with several persons. on that island, have been put under arrest and marched off, in consequence of being suspected of holding intercourse with persons from this island. By a late arrangement, every vessel or boat leaving the coats, on any pretence, and not returning in 11 days from the date of departure, is liable to be con fiscated or destroyed. and the owner runs the risk of being condemned and shot as a traitor, and the pro perty seized• The Report at, Windsor yesterday was,•that his MAJusn was much in the same state as on the pre ceding day; and that the Puke of CLARYNC2 con tinued mending. The Puzscs RuouNT's elegant work relative to the Herculaneum Manuscripts, experiences the most tiattering reception from the personal friends of his Royal Highness, and from every lover of literature 4 greater literary curiosity has•aQt isoittdifrout .;he Ma k far IMIRT yam pmt, -"4 . . • ' WAYAL mrELLIGENCI: The Queen Charlotte packet has arrived at False mouth with mails from the Lee Ward Islands, in Si days from St. Thomas's. Oa the Rth nit. pursuant to sentence for the murder of t-:o black slaves, Ar thur Hodge, Esq. was executed at Tortoh t he was a great duellist (having killed (cor Gentlemen in the. West Indies), and was supposed to be one of the first• shots there. FALMOUTH, JUNE 10. • Late last night arrived the Queen Charlotte pseket, C.apiabs Mouce, with Mails from the Leeward isillau'a. 37 days ftiiiri St. Thomas's : the Eliza packet, whith left this on the Citts • March, had followed hie very closely, attd was arrived at St. Kink, when the Queen Charlotte left Tortola; the Is:ter packet spoke on the list ult. in lat. 94. 19. long. Ci 4S. the Nancy, and for Dublin, from St. Thomas's, arid on the 27th spoke tie ship Fame, from London, fur Quebec, and tit the 29th tin: ship John, of Newcastle, for Quebec. and the American side Adrian,' ' of, and. for Bal imore. from Tonningend—Passengerf pet the. Queen Charlotte, are STIPLISD PAWL IN, NI. and Messrs. HAS. *lsom and VAN DI Bloc', Alsoarr.red this molting. the, Duke of Kent packet, Capt. COT/114011TII, with Stalls froth' Lisbon, which she left on the ibi lust The Duke of Kent ex changed signals with the Speedy packet (which left this en the • 26th ult. for Lisbon and the Brazils), cn the 6th Instant, and on the 7th inst. spoke the Princes. Charlotte packet, with miss for Lisbon, and yesterday his Majesty's Brig Stasitowz a, with ttlee patches for that port. The Wnt•ratio schooner was txpeeteeto sail on the morning of the :id lust. with.disparches for England; Passed this port last, evetiing,• his Majesty s ship Cattnowns, 120 guns, for the Mediterranean, with Admiral Sir rirtwatao . Pzttaw, Ban. on board. Arrived the American ship Maryland. from Norfolk, with naval stores fur Deptford: PLYMOUTH, JUNE D. Arrived the Rover victualler from Cot/inns; the.PArrelled sloop, from the Eastwayd;eand the ACIATII, Is guile : front Liverpool, with impressed seamen.— Went opt of harbour, the Mute frigite.—The Ly RA and Anitow, which arrived bete on Sobel, broughr in with them the American brig Fez, beloolooll to Plew-York, GOODAY master, with a :valuable cargo of comer, mew, indigo, sugar, hides, kc. !mend to Bourdeaux. She war captured 20 days ago by la Rhin and Princess Charlotte frigates, and Lyra brig; after a chase of '..32 hours ; she is a most beautiful" brig, ah hmuing feat saner, and 250 tuns burthen.-i- rhursday, Saturday, yesterday‘, and ;Ms morning, 1000 French prieoners were seat &wail:Wry epd the luiton-bulks is the asnar, to the Royal prison ip artmoor, under strong escorts of inihrias . PORTSMOUTH, JUNE is. Arrived his Majesty's ship M , from the Leeward Islands ; she parted from her convoy of 73 sail on the 7th instant; one of them the Mary, Palter, „has arrived at this port, the re-, mainder are hourly expected.—Sailed the Riti•LDOslooPof *ar s from a cruiar.--Wind westerly. DEAL, JUNE 12. - • :sla Sailed the Aetttes sloop of war on a eruire.-..Wind S.W,, GREENOCK, JUNE 10. • Arrlved'here on Friday the Mary, Munro, from St. in 64 days—sailed in company with the George Taylor, Hirreitie Chase, for Chatham, and Maria, Cobb, for Liverpool. The,. North Star, Tamon, for Chatham e groundedon the bar, ermine out—parted the following day. 29th April, lat. 40. 41. long. mh spoke the American ship Horizon, front Hoodoo to Alexandria, . out 21 days. ed May, lat. 42. sd. long. 43. spoke the ,ruby,, Philips, from Aberdeen to St. Andrew's, out 14 days front the land. 26th May, lat. 55. 50. long. 16. yoke the brig Wilton, --os, from Liverpool to Newfoundland: 30th May, lat. 55. 511.' long. 154. spoke the Americakbrig Midford, from Newry bet Philadelphia, out four days, all well Tagus, Durham, arri ved in the Clyde, from Trinidad; spoke on th.i 164 April. tat. 23.. N. Wog. 61. W. the Mary, Hardie, of Glasgow, for 'Trinidad, out fire weeks froaa Cork, all well. FROM LLOYD'S LIST. The Castilla, ....to, from Cadiz to Lima, has been taken by la Nymphe French frigate, and plundered and given up to the Captain. is tabs., sad carried into Lieut. BARTHOLOMEW, who has been some months actively employed in the gun•hnats against the ene my's batteries at Cadiz, with the gallant .General Graham, is appointed to command the RICHMOND gun•brig, at Gibraltar. , 1 F • We yesterday received Mexican Gazettes to the 10th of April, the contents of which are important. The insurgents in that quarter have been again de. feated, and appear to havrlost almost all their ptin. cipal Officers, and the greater part, if not the whole, of their treasure. A.Letter from Pis-de-Janeiro, dated April I, says, " the news of that blockade being to be resumed, Lord STaiout. roan annotiosod his intention to address the Juntas Cabildoee, and Governors, in La Plata, requesting protection to the Britt* fag, property, persons, a, d neutrality • but his Lordship don not fed incl. act, ned to or threaten f o rce again, having no or den from the British Court. He has invited Admiral De Coorcy, for the purpose of advising with him ; bat that Of Beer, (for the sante reason (no orders), declines it, and will only move in pursuance of the Ambassador's wis hes. The Nereus and Nancy are, however, gowing down, bat with whet intention, under tnese circumstance.., no one can guess." Letters from Rio Janeiro; of the 10th of May, men tion the receipt of accounts from Buenos Ayres of that settlement having declared its separation from and independence of the mother-cotmtq. The ROVER victualler, from Commie, which place she left on the sth, has arrived at Plymouth, with 150 • German deserters from the French. For several days previous to her sailing there had been great rejoicings at Curunna, in consequence of the advantages ob: tained over the enemy. A great body of young men, volunteers, were training, and wesr ready to march to the army. The Sums brought us account by the Treasurer of the Navy, under the head of Old Naval Stores, in the year 1810, amount to four hundred ind twenty thousand three hundred and sixty-tour pounds, viz.— On acCount of th. Navy t 318,322 Victualling 18v,042 A Statement of Otkers removed from the half. pay into established regiments of the line, between the years 1793 and 1810; and a calculation of the value of the half-pay saved by their appointment, has been laid upon the table of the House of Commons. The half pay of each rank is calcnlated at twelve 'years' pura chase ; and the saving to the public by this arrange ment, during the period above-mentioned, amounts to sf 2,275,446 10s. Saturday afternoon, between five and sir o'clock; a violent Thunder-storm, accompanied by heavy rein, was eiperienced at Edinburgh. The electric fluid en tered a house at Fountain-bridge, and struck a semint in the parlour with a child in her arms; the child was thrown to a considerable. distance on the floor, but was not hurt ; the servant, however, was dreadfully burnt. The bed-curtains and bell-wires in several other apartments were destroyed. An oil panning an one of the rooms was completely defaced, and yet neither the canvas nor the frame were injured. This singular phenomenon must have been owing to the metallic oxidem f which the paint was composed, be ing terircd bl the elec;ttic 2uid.