Star. — London, England, 1819-06-24 00:00:00

,ion, by -an Honourable and Learaled Gentle. (Sir James Mackintosh), of whose speech, say with the Poet, that it was As rapid, as deep, and as brilliant a tide As ever bon freedom aloft on Its wave!" all necessary purposes, he conceived that the ion law was sufficient ; and he really could not iy they should have recourse to certain unpre- - qited, unconstitutional, and uncalled-for provi• , which were contained in that Bill. One invested the lowest Officers of the State—Cus rouse Officers, with a discretionary, power .timg persons, not merely before the commission offence, but on a bare presumption. This Bill. brought in at a time, too, when the revision of penal laws was under consideration, aided by a in whom zeal was tempered by prudence,-feel regulated by judgment, and perseverance and l a ity rendered still more brilliant by his talents.-- tin, he contended, was bound to know the nature our constitution ; but the whole argument on the. side proceeded on the error of confounding in with injustice. Spain had as good a right to upon us to alter any other law—to restrain instance the freedom of debate in that House, case such freedom might prove injurious to her. wilier he examined the question on grounds of jus or of interest, whether he regarded the present are as one of fear or of favour, he was equally loss to find a justification for it. He would beg refer the House to that periodkof history when Elizabeth, whose government was a model of . and diplomatic policy, was induced to assist people of Holland in their struggle against the any of Spain. Philip H. remonstrate and she ithdrew all national assistance, but at the same time 'vely refused to prohibit her subjects from volun engaging in the same cause She made this at a time when her own subjects were divided actions, when the country was threatened by ex danger, and when the consequence of the refusal ,to offend the most powerful monarch in Europe. might be a subject for fine periods to urge that we 'e to weakness what we would not give to strength, he did not think the argument good for any other Q. The principle of liberty was of a diffusive communicative nature ; it taught those who were possession cf freedom so to appreciate it as to deem it good policy to extend it to others, because, by such an extension it became consolidated and se wed wherever it previously existed. Although a to legitimate government, be thought it would for its own interest to correct abuses, when they grievous and intolerable to the subject. A useful and memorable examples had taught a lesson both to princes and to people: to the that there could be no assurance of impu for misrule ; to the latter, that while they were born to be slaves by any unhappy fatality, they ight to be cautious how they innovated or over -led existing institutions. Tereturn, however, to question more immediately before them, he must - that the sole object of the present measure I to him to be a sacrifice of justice for no ier reason than because this sacrifice would be pre licial our interests--(Hear, hear). Mr. Alderman WAITHMAN assured the noose, it was not his intention to trespass on its atten for more than a very few minutes. There were from the Merchants of London lying on the table, to which he did not think sufficient consi deration had been paid. On the question of 'neutra lity he should 'say nothing, after the ample discussion which it had undergone, and because he considered that the common law was sufficient to provide for it. The Act of George H. was justifiable upon a prin ciple of self-defence, but here no such ground could be alleged. The only question now was, whether we were bound by Treaty to the adoption of this mea sure? Had Spain fulfilled her obligations arising out of it with regard to the commercial intercourse between the two countries ? So far was this from the fact, that.her prohibitory laws had been revived, and to that extent the Treaty had been violated on her part. This was a consideration which had not been adverted to, he believed, by any preceding speaker. The allegations contained in the Petitions upon this subject had not been controverted or denied. On other occasions it was usual to consult the feelings ald opinions of commercial men. In fact, Ministers had never contemplated any great job, without making an appeal to the Merchants and Citizens of London. (A laugh.) He recollected a great Meeting in Mer chant-Tailors'-hall, followed by another in Grocers' Hall (a laugh), on the subject of the Bank Restric tion. When the war broke out in Spain, it was thought necessary to have a dinner, in order to rouse a spirit favourable to its support. He believed the price of the tickets was not . less than four guineas each--(A laugh.) One of the toasts which, were drank on that occasion, was, " Our brave associates in li berty and arms," . alluding to the Spanish people. It was not just thus to work upon the feelings of the public at one moment, and to despise them at ano ther. Thousands of individuals had freely poured out their blood in the contest which followed those Meetings and toasts ; but he -was sorry to say that our Allies, the Spanish Patriots themselves, in Old Spain, had been disgracefully abandoned. He did not wish to dwell upon the commercial interests of the coun try, though it -could hardly be denied that they, re. quired protection when not militating against justice ; or general policy. • To overlook those interests at a moment when they were so crippled, and fresh bur dens were about to be imposed, looked like a volun tary surrender of them. He trusted that, however attached a majority of the House might be to the Ministers, it would not, under the circumstances of our present situation, sanction a measure so injurious and so unnecessary. Dr. PHILLIMORE hoped the result of the contest would be the emancipation of the Colonies. But the juestion was, were we not compelled to the observ ance of solemn compacts, and the maintenance of national faith and honour ? He was of opinion that the worthy Alderman (Mr.Waithman) had his lenti l') ents insensibly biassed by the considerations of self- interest. The authority of Bynkenhoem in favour of the principle of the Bill seemed to him irresistible.— Be believed that writer's own opinion was, that troop s might be levied in neutral States, without a breach of neutrality ; but then he limited his reason ings to a State simpliciter amicus, distinguishing the Later from a confederates. The Honourable and Learned Gentleman then argued at length, that in common sense, reason, and justice, Great Britain was closely confederated With Spain by the Treaty sped- • OCCaSIOII man (Si fight sa tfe,s. iat: • !or all ,▪ , m mon why Ito eiented sins, wl ,em mnV est our-hous resting offenc s brou he. .e penal kit an in v ' ag regu rief assiduity Spain, he aw el our co ▪ ether sid jury with till upo for instal 2%. " because s )e Whether lice or of • measure st. at a loss 1 • leave to n • Queen El 2 .'• foreign a 4 the peopl tyranny rs withdrew t. positively tardy eng P' refusal at r• into factio ternal dal • was to off • It might gave to • but he di purpose. a and corm 1 in posses ▪ deem it e by such a cured wh • friend to be for its became g • few usefu salutary former, t ray for n not born sight to lurned ex questi declare ti appeared slier rear U Mr. Al • that it wa On for Petitions the table, deration 1 lity he oh, which it 1 that the c The Act ciple of s be allegee were bow sure? out of it between t tact, that to that e part. Tk adverted The alleg subject h other occ rtad opini Had never an appeal (A laugh. chant- 1 ai Hall (a /I tion. W thought r a spirit f price of t each—(A on that o berty and was not j public at Cher. T 1 out their Meetings Allies, th had been to dwell try, thoul quired pr or genera moment' dens wen tar y sum . attached Minister, Our prese and so UT Dr. P 1 would be question ance of national 1 the word rents ins interest. the print He belie troops m breach of ings to a latter fr 4 Learned' common closely c , , . . 't oft had taken place, not for lending assistance to• the - Pretender, but for going into the service' of the King of Prussia—(hear, hear.)—States were bound by the same obligations as private individuals, and though there was no common tribunal before which their differences could be decided, yet history would chew that the same judgments of vengeance followed their disregard of the ties of good faith and justice. Mr. WILLIAMS said that much • stress had been laid upon the Treaty of 1814; but what duty, he would ask,Sould it impose upon England? It could not be pretended, that his Majesty in the exercise of his prerogative could enter into any Treaty which should oblige Parliament to pass an Act to effect its pur poses—Wear.) He concluded by expressing his humble but firm conviction, that if this Bill passed into a law, it would be not only prejudicial to our commercial interests, but prejudicial to the national honour, which it professed to uphold—(Cheers.) Me. W. P. T. LONG WELLESLEY felt embar-* rassed in supporting the Bill, as,his constituents were adverse to it ; but it appeared to him to have been Bonaparte's mode of breaking faith, to take special objections to particular parts of treaties. He trusted that the spirit of honour which characterized this Country would not suffer us to act so with respect to Treaty of 1814, which had been eulogized in as lofty terms as Gentlemen on the opposite side, who were fond of lofty terms, could use. OR this prin tiple, that it was unwise and impolitic to enter into any negociation with Bonaparte, because any Treaty with him would be sure to be broken, this country hid acted from the time of the Treaty of Campo Formic, to the present time (Confusion and laughter.) Mr. BARNETT said, that the Honourable and Learned Gentleman who had introduced this Bill, struck dumb by the objections urged against it, had retired to a neighbouringsountry, and left the Bill to be defended by a few Members of that House who could justify it upon no principle of reason, policy, justice, or humanity. The House divided upon the question that the Bill be now read a third time—Ayes, 190—Noes, 129 Majoi ity, 61. The Bill was then read a third time. On our entrance into the Gallery we found Mr. DENMAN on his legs, moving, on the question that the Bill do pass, an amendment to the Bill, the object of which was to enable Custom-house. Officers to search, and to detain, all ships which might be in any of his Majesty's ports. Mr. GEORGE/LAMB said, he did not rise to op foie the Ainendrugnt, but he wished to remark upon the curious marrner in which this . Bill was worded. The learned Lawyer who had framed the measure, whoever he might be, sec med to have had his head com pletely filled with military phrases, and the indivi dual who now filled the civic chair, was raised to the, high and distinguished rank of " chief civil comman •der." To the Lord Mayor it seemed•application was .to be made to put the provisions of this Bill into execution. He should really advise Honourable Gentlemen not to limit it to the Mayor alone of any town, but to all the subordinate officers, even to the village schoolmaster, who would be found to be upon this, as upon all other occasions, a most active and useful personage : nay, the sextons and their compa. nions might be applied to on a great emergency.— The gallant Officer behind him (Sir Robert Wilson) had prophesied the influence this measure would have in foreign countries; he would prophesy its influence nearer home; and he should have thought his Ma jesty's legal advisers, after the lessons they had al readrreceived—after the repeated proofs they had seen of the wisdom and the undaunted spirit of a British Jury, would have been wise enough not to press such a measure as this. The efforts of-Govern ment had already been defeated by the firmness and independent spirit of a few individuals at home— (Hear, hear.)—" Thank Gon, it yet remains to be seen whether a British Jury will assist the Govern ment in enforcing such a law as was now attempted to be forced on the people"—(Hear, hear.) • Lord CASTLEREAGH felt confident that a Bri; tish Jury would not swerve from its duty—(Hear.) Englishmen placed in such an awful situation would recollect the sacred oath they had taken, and would sot be influenced by any suggestions, either from within or from without the walls of Parliament. No. thing, he was convinced, would induce a British Jury to forget that sacred obligation—(hear.) • The question was then put upon the amendment, and it was negatived. The Bill was then passed. EXCISE DUTIES BILL. On the Order of the Day for receiving the Report of the Excise Duties Bill, Mr. WE FERN objected to the discussion of this important measure at this late hour of the night. The Bill had been hurried through the House with unpre. cedented speed—it was brought in, and read a first time between twelve and one o'clock ; and the second reading took place on the succeeding day at such an early hour, that every Honourable Member expected private business alone would have been transacted.— With respect to the measure itself, he appealed to Honourable Members to say, whether they had not received communications from their constituents against it, couched in the most strenuous language ? Could those Honourable Members declare that their constituents were able to bear this new burden ? Did the. House suppose that. the agricultural interests could sustain an additional tax of £20100,000 upon the necessaries of life? The very idea was prepos terous. He should feel it his duty to take the sense of the House upon the Amendment, that this Report be brouglit up to-morrow. Mr. SCARLETT supported the Amendment. He thought that no new Taxes were now necessary, and should oppose the Dill in every stage. The CHANCELLOR of the EXCHEQUER re presented that these Etilis had undergone a cFsider cable discussion already. The only questi6n now was whether the Report should be brought up, and the House should recollect that an amendment AO be proposed in almost every stage. Mr. CALVERT recommended postpeetimillThil.4olr. ruinous to the country. At whatever hour this Was passed, the effect would be the sat* upon the poor sufferers. Lord MILTON also protested against the system., of discussing such important Bills at so late an -hour.: After an explauation from the CHANCELLOR of the Excueuora, a diVision took place upon the amend ment of Mr. WESTERN. The numbers were—Ayes, 68—Noes, 182—Majority, Il4.—The Report was then brought up. On the re-admission of strangers, the House was in debate on the Report. The CHANCELLOR of the EXCHEQUER ;warmly suported the expediency of the Duty: Mr. W. S M ITH wished to see the Bill postponed. After some conversation, the several Amendments proposed in the Committee were agreed to, and the Bill was ordered to be read a third time on Wednesday. Mr. W. SMITH, holding in his hand a• Petition from the Maltsters, &c. of the county of Norwich, said, that he knew he could not regularly present it; but feeling it his duty to make known the sentiments 'of the Petitioners, he begged to read the Petition. It contained a strong expression of disapprobation of the new Malt Duty. The committal of the Mock Auction Bill, and the committal of the Customs Consolidated Bill were postponed to this day. On the motion of Lord PALIIIII7ON, £189,674 14s. 4d. was granted in Committee for defraying the charges of the English disembodied Militia, and £158,945 for that of Ireland. -The Report of the Irish Cash Payment Bill was agreed to, and the Bill was ordered to be read the third time this day. The Salt Duties Bill was read a third dine and passed. The other Orders of the Day were then disposed of. Adjourned at a Quarter before Two o'Clock. , i • tie. cally enter e d i nto; w ith a v i ew to the situation of flte.diacussion Wit io•monow. 110 undowitoolod that ' : -:-. he the Col on i es , and for the purpose of preventing war- e !tight Honou'rable Gentlenian . had made an aP7 ; • like Assistance being afforded to theta by the people ppirttment with the Genttemin interested in this qties-., of England. The supplies We had trtgaged to with. .tiOn to-morrow ; and if this step were taken, it Would ma the hold were • arms, ammunition, •and articles of war; pat it out of the pail* of theHOnse to stop the fur- and to hold that men were net included within these &Mr progresi of 'the Bill—( No, ,m).—At least this M 1t 7e. - terms was the merest quibble--Vrear, hear.)—Tbe Was a most important stage of the Bill, and it ought Mem i. Statutes 9th an d 27 t h G eo. IL were not passed with not to be p resse d at t hi s l ate h our o f t h e n i g h t . an d v reference t o p art i cu l ar c i rcumstances, but as general Mr. W. SMITH said, that he had received various lusta °f is _ enactments founded on co mmon l aw , f or t h e future communications from his constituents against the Bill, c ipl e regulation of 'the subject ; and executions under the stating their belief that if it were passed, it would be been of' _ lattett had taken near .. ems. c.... 1.....x.._ _ •.. - - --- DRURY-LANE THEATRE. A Meeting of the New Renters of this Theatre was yesterday held in the Grand Saloon of the Theatre, for the purpose of receiving a communication from the Select Committee appointed to take into consi deration its present situation, &c. Mr. HOSIER having been called to the Chair, he read the requisition calling them together. Mr. CALCRAFT, in rising to communicate to the Meeting a letter he had received, felt confident that it would be heard with the same satisfaction with which he communicated it. It was from Sir Benja min Bloomfield, and to the following effect : 4 19th June, 1819. " Sir B. BLOOXVIII,D is honoured with the commands of the PRINCE REGENT, to convey to Mr. CALCEAFT the expression Of his Royal Mimesis regret at the embarrassed state of the Fi nances of Drury-lane Theatre, and to subscribe, in his Royal Highness's name, One Thousand Pounds, in aid of the Fund for its relief, with the assurance of his Royal Highness's anxious feeling for the prosperity of so ancient, useful, and distinguished an Establishminso This most liberal subscription was received by the company with parks of warm gratitude and appro frbatidn, and Mr. CALCRAFT expressed his firm per suasion that this royal example would be followed by corresponding liberality on the part of all those who felt for the British Drama, and for the preserva tion of the theatrical art. The sum wanted to relieve the Theatre from its pressing incumbrances was £25,000, which it was proposed to raise by a loan to be repaid with interest in five years. But to do this the Select Committee were under the painful neces sity of making an appeal to the body of new Renters, to make a considerable sacrifice for the moment to secure their property hereafter. lle hoped, there. fore, they would agree to forego the arrear of four years now due to them ; and also all that would be come due to them for the next five years, when the loan now to be raised would be repaid. He had the fullest assurance that they would make this liberal sacrifice for the general good, from the very liberal manner in which they had always acted and from the conviction that it was the only means by which the property could be ultimately saved, since from the offers that the Select Committee had received for a lease of the Theatre, with security for the perform ance of the contract, the £25,000 by their forbearance, would be repaid in the period mentioned. Mr. HOSIER read a letter from George Robins, Esq. the principal holder of New Renters' Shires, warmly recommending his Brother New Renters to make the sacrifice required. Mr. FALLOWFIELD, also a Trustee for the New Renters, said, that the sacrifice demanded of them amounted to the sum of £32,000, aad he had no hesi tation in saying that it would be advisable to make it ; but he recommended that a Committee of the body should be appointed to take the • proposal into consideration along with the Trustees, and this they might do without loss of time. Sir THOMAS TURTON, another of the Trustees, sr corded this motion, and warmly recommended the adoption orthe measure proposed, for the salvation of the Theatre. The Resolution for the appointment of the Corn . mittee was then put and carried, and the following Gentlemen named to compose it :—CLAUD SCOTT, Mr. SNODGRASS, Mr. CHURCH , _ Mr. MINDER, Mr. BURCRALL, Mr. BELL, Mr. GREGORY, Mr. Fos almost t, and Mr. FRASER. Mr. Home said, that the number of nights on which the Theatre would be open was calculated at 200 ; but if it was kept open more, then the overplus was to be paid overfor the benefit of the New Renters. A Resolution was passed, that it would be for the benefit of the concern to let the Theatre, and also . one confirming the appointment of the Committee before named, who are to confer with the Trustees, &c. and to report, on Monday next, the result of their inquiries; to which day the Meeting was adjourned. It is no &mist in the recollection of the Public, that had they purchased only 44 Tickets more last Lottery, they would have obtained Two Prizes of 1220,000, as Blau had one £eO,ooo udsold at his Mee; Charing-Cross, and another £20,000 at his Moe in Cashill.-The Lou t ary begins Ind finishes _No t ? TgossuAy, mid we hope the Public viilt not let the Two Money Prizes of I:3o,ooo.tesiitin unsold. ... LAW INTELLIGENCE. COURT OPKOIG'S IiVI4CH, maim IRON COFFIN. LINO V. THE SEXTON AND CIIURCHWARDEWS OE ST. AWDREW, imiotres. Mr. CHITTY, pur,uanr to permission of the Court,. Mentioned again his motion for a Writ'of Mandamus, and observed that he thought be should Le able to Sustain the motiou.i a -He the cited the general prin. ciple upon which Writs of Mandamus had usually been issued by the Judges. It might be directed to any body or individuals in office, commanding them go do justice, and act injinatters wherein the right knd interest 'of the publit or individuals seem to be Impeded. The acting Churchwardens in the above E' arish having refused to bury abody, merely because was in an iron-coffin, were amenable to Common-law, s well as the Ecclesiastical Courts. He cited the case bf the Bishop of Exeter, in which a Mandamus had Issued, commanding him to administer Hoty Oil at the baptism of an infant. It was also held, upon au- Otority, that every body ought to be buried in the Church-yard of the parish in which the party died. Mr. Justice BAYLRY said, the right of burial in the parish Churchyard Might not extend to interment in Iron-coffins, which, not being subject to speedy decay, might soon fill the Church• yard, to the exclusion of other bodies. Mr. Orrery said, it had been customory to bury it; lead coffins, and bodies had been found which had laid buried in iron armour more than a century. The Churchwardens, in this instance, admitted the claim to interment, by 'offering to bur" the body for an ex trairagaikt slim of money. - The Cum JUSTICE, and Mr. Justice BATLEY, still were of opinion, that the application could not be successful in a Court of Law ; but in order to dispose of the question with due consideration, Mr. CHITTi was allowed to take a Rule to shew cause. MORRIS V. HUNT. . Mr. Hunt, having amended his affidavit according to the advice given to him by the Court on Saturday, applied for a rule to shew cause why the Master should not review his taiation of the costs in the action brought against him by the High Bailiff of Westminster. On the perusal of the amended Affi davit, the Court granted the rule. LORD CHURCHILL V. THE TIMES, Mr. PLATT obtained a rule to shew cause why judgment should not be entered for the defendant, as in case of a nonsuit. Richard Coomby was brought up - for.judgment for having made signals, by fire, to smugglers off the Island of Portland, on the night of the 18th of Sep tember last. The affidavit of a Revenue Officer set forth, that perceiving a boat about to land some tubs of smuggled spirits, he toot steps to seize them, in which he would have succeeded, if the persons in the boat had not been warned off by these signals. The defendant did not deny that he was guilty, but pleaded, in mitigation, that he had a wife and a large family. He was adjudged to three months imprisonment and hard labour in the Dorchester Jail. HIGH COURT OF JUSTICIARY, EDINBURGH. Yesterday se'nnight came on the trial of Peter Bowers, journeyman mill-wright in Haddington, charged with the murder of John Sandilands, day labourer, or farm -servant, to the Earl of Dalhousie, upon the 15th day of April last, by striking him on the head s' ith an axe. Tke prisoner having pleaded Not Guilty, the Jury were sworn to try the case. It appeared in evidence, that same young men had been amusing themselves by leaping on the high-road opposite to Coalston toll-bar, when they were joined by the prisoner and his master's son, who had been working in the nei h bourhood, and after finishing their job, had re ed themselves with some gills of whiskey at di erent public-houses. The deceased was standing enjoying the amusement, when the prisoner said he would jump with any of them for two pence; and having lost his bet, refused to pay it, when some trifling al tercation took place among the parties, and the de ceased said, old as he was (66), he would either jump with him, or fight with him, for any thing he liked. Some high words then ensued between the prisoner and the deceased, the import or amount of which was not distinctly recollected by any of the witnesses present; but' it ended in this, that the prisoner ad vanced towards the deceased, and struck him a blow on the head with an axe, which he then had on his shoulder, and inflicted a severe wound on his left temple, out of which part of the brain protruded. After the examination of the witnesses, the Counsel for the prosecutor and prisoner addressed the Jury ; and the Loan JUSTICE CLERK having summed up the evidence, the Jury retired, and deliberated for an hour and three quarters, when they returned a writ ten verdict, finding by a plurality of voices the pri soner guilty of the crime of murder libelled, but una nimously and earnestly recommended him to mercy. After a most solemn and impressive address from the LORD Jus rice CLERK, he was sentenced to be executed at Edinburgh on the 21st day of July next, between the hours of eight and ten in the forenoon, and his body to be given for dissection. There has never, perhaps, in the annals of drunken- - ness, appeared a more striking illustration of its fatal effects than this trial has afforded. One of our fel low-beings has already fallen a victim to the madness of intemperance, and the surviving prisoner has justly forfeited his own life to the laws of his country. The origin of this quarrel was the paltry sum of two pence, and the fumes of a liquor, which have des troyed more than the wildest ambition of the n o't sanguinary tyrant. It was very strongly and very justly impressed, by the Lord Justice Clerk, upon the prisoner and all present, that, according to the laws of Scotland, intemperance is neithm- a justfication nor a palliation of a crime. In delivering his admirable charge to the prisoner,' he again observzd that he wished to enforce it upon all classes, from the highs st 1 to the lowest, that all must ansy er to the violated laws of their country for offences committed under the influence of ardent spirits. The prisoner had al ways supported an ereellent and irreproachable cha racter, and the clearest evidence was adduced to prove his former solkety ; the drinking of half a bottle of Scotlalars~s, made him murder an old man whom be never before saw, merely because he used some contumelious language to him ; abd we trust and hope so awful and striking an event will contribute to the forming of societies against the in temperate use of the destroyer of our reason, of our , selves, and our fellow 'mortals. • ! AiIII