Star. — London, England, 1801-12-24 00:00:00

hi been n of Alec- rpa'- •Shal :46,4 ab: triut, cr, of the uhact 1 .. rviortyallvdMithelMed Is the *ohjeft of Mr. 1 ' : ftl e y's appliCaimhe , elan, Agar elks fdr an areountaef the thirty- Oiii v3oo ,,al. !Ides which have been fold. I do Cinch to m ake the leall fecret of what has 1:1e-' of them. It was my intention to grant out ' . t e st•charges before it was known that the ;: fbearre was at all embarraffed, and I had then . al t ogether as good ia fe rigl o a rie to do b T m is, o as t any coin Fale d m e a ti n a t t o e. ra m Four we y re y purchafe g el ag b e v u r ; e n andnekfley for 120001. which fum, with 6oaal. 074 was invelled in the funds for a purpok . h„,, will not be generally cenfured ; ten were ilged in the hands of Mr. Hammerfley, are wfatisfying rent charges, and will loon clear off oc e p. fe a y i Inscum debt s mr b . ra fo rnte Agar w s .11 awareiMc b o a r‘tf. r o h f a. the G : l7s te bc t b h l i e el r n i : h s a ai • n : it: g re o cr n iat e : *Myer it is; was not to commence till tilde 37 titei had been fold ? By the conditions of the • ment it is eipeefsly flipulated, that the pan t•. r" ma - nap (unild !all only ten years, anti that M. deulab fhotfld have no inteita in the profits till a tit to lath!) , 'dick 37 flares had been fi ra de la-6a What right then has he to oveiliawl 1 aa a peconat? What reafon has he to complain, al- 1 bop my conduct in this particular had been pan fo reprehenfibie ? He fays he will rile a bill siainft me. Why has lie not done fo long ago?: fiebreaks into my property, and tries to commit k m / fisreary. I am extremely forty that Mr. dfiabb has heed involved in difficulties, but I hope k ielikewife lorry that he has not been able to elfal'sne as he promiled. Reviewing his whole eitlidull, I am ready to furrender to his ufe the , /6691. refereed to me under the trua-deed ; but Qrill have no partnerfhip with him, were the pe y twenty times as great. e izow come to Mr. Holland, the architect. And . kn. I hope, I (hall not be prefuming ton much, i f e in anfwer to forme things which fell from him, 1 !sine brief flatement of the manner in which the embarraffinents of the Theatre began Whea *Old was propofed to nail: leo,oool. by rent ihiuges, it truck every one as admilabl, and the , 4ata was readily fubkribed. The mod dazzling profpees were then held out to me, and if every ene had behaved . as he ought to have done, they #jilt have been realized. The deed was figned i*otember 1791, and in January 1792, 20,0ce01. Mml been lodged in the Banker's hands : yet, for fifteen rntinthe, not a brick was laid. Yon will list, what was the condiial of the truflees ? What mai the conditA of Mr. Sheridan ? I ecrtainly ac quit Mr. Hammel-I:ley and Mr. Ford of all blame.. itht . l frinfi now Rate, as I have farotft in my afii -44 tired there ware artificial delays. It is pain.- klgr me to proceed, as the perfon to whom I impute thefe praelices, is now no more. Yet 1 At kid myferf—l owe it to the truilecs—l owe , ateithe renters to give a full explanation. —[Mr. *ieridaa then entered minutely into vat inns tranf alions between hintiall, Mt. Linlcy, Mr. Lteeey, Dr. Ford, and the late Mr. NN'allis, from which , it appealed that Mr. \Valli:, after having long pretended that he had a bond againa the patentees fru. sit,oool. and thus by delving Dr. Ford to e, created the,greatea confuiam; at lad con at a meeting held at Mr. Harnmerfley's, no Inch bond eziflc.l. He likewife occafioned eby .by railing dos.bts concerning the validity of lilt patent, and various other means. I;,was thus nary to keep the Drury-4.11re company two Mom in the Opera-honk, and as appeered by ileafftdavit of Mr. Kelly, an expellee was incur kmof to.oool. Ile then continued.] —l • allow & exertions of Mr. Holland, when the build al4tims. at length begun, were great and neerito it* An edifice .fo folid and fuldlantial, was rin the world perhaps railed with Inch rapi: , *. I give Mr. Holland infinite credit for what „i d. and I do'not believe there is an architeat ietairope,befideshimklf,that could have done the fillt. Bet when I have laid that, I mull cxprefs Eregret and aloniffiment at the hoflility with be has appealed me. I alk him if ever I aproachtd•hint *4,1, the total inaccuracy of his *Melts He failed in his undertaking by one LL What he Was to finial for !Roam& will not teillahell fur Ifeopool. Mc. Holland takes of- We that I fay he , lift the 'Fla:acre quite a (hell. /was indeed lorry to fee the light manner in which klalked of the workmen employed by the Pro. Pieltira They may be far laelow him; but it is amfitting that in a Court of Juflicc mem, whole ekireatete are inireproached, should meet . with I Wilt. The Lilli e c ar pe n t e r is, perhaps, altogether I as fetich entitlCti to credit as the great Mr. Hole ha. He. and various others have sworn, that the Dime was a (hell, and that immenfe fums were Lie out in rendering it fit far ufe. The learned Gentleman Mks, what thefe (nos are To ditlin- atrial them is impoffible ; but teat they were laid oateminot be denied. All before the curtain was elegant, I allow; but what was behind the curtain tomorerefembled a theatre than a (hip of the line. At firft he fiated that he had 'Alit perk% and in hisfecored affidavit that it would reqiiire 16,0n01. 0 complete it. lam very far from tin owing any efleCtion upon Mr. Holland, or imputing to him ,! iil thing di(honourable ; but I will fay that lie loon plans much better than affidavit,. li, the one efe be truth to his own in-ii, in tile other to he p:n of an attorney. 1 have therefore always roken of.him with the gTeateft good humour, hough thieve not been Mena if I thought other: itfellhnuld not have remained with him in habits 4 intimacy. He knows that I do not now com• plain of his eftimate fqr the firfi time. When at kit own bottle I call up the ditferant partienia.s, in "nil I had been put to an expellee beyond what I , 4l T a ined for, and the refit!: was very great. I -4 htnl that he ou g ht t o b u ild m e a Enure at ilfeworth for nothing, and this I hope he will Pe conkience dill to do. lie lays he lees ex: bd ed only 7f,0001. It would be eery to (hew, It even in his fenfe of the word expel, he has Waded 4eool. more. But the whale tarns upon 'true meaning of the wont. Uhl flys he has toted certificate, for no more, I will allow that is coned. But to fay that he has finithed the mare for that fum is monitions. How much IM levee me - to pay ? Lend Stanhope•migla CC C 4 MC. b cor, C; ;,. :~ ha . , -ken the *Mork chinco bat havd found' ;be money - Artfon's acecont to him imounted tq 763 J. but from me he received t rel. He did not espeuktbis Money ; that is IQ 1 1 1 Y2 ' did not grant a certificate for it, but he expended it, and left me to pay it He granted a certifi cate to Cravanelll for a confideeable firm, but with out any cirtifiCatte.l .paid him threes times more. This is the. Cafe, witlt ! many others, and to talk in this fcnfc of 'what he has exPendedisthe verieft quibble. gefais . th,at he wants 16,0001. to com plete the furikenentioned in'the enimate. ing the money laid out in fitting up the boxes to e dcdufted, though in ajnybed Theatre, it is not very reafonable to imagine that the audience fliould 'hind, let him take his 16,0001. and abide by his cootra4l., Hat comes the affidavit which firikes . rne with a mixture of amazement and ter. tor. Mr. Holland declares that no contra& vials. Did he not fill in theiorOpolitl to the 300 Gen tlemen, " For 80,0001. I undertake to finifh the annexed plan ?" Was it not on that f a ith that they fubferibed their proportions? This un dertaking is as binding in honour, and will be found to be as binding in equity as any engagement, trOvever exprefs. Again he maintains, that the buildings about the Theatre were to be completed by building 'cafes. Ti:difprove this affertion Mr. S. handed up to the Chancellor a copy of the • plan, and the propofal, figned by Mr. Holland. the tavern, the !hops, the dwelling-houfes, &c. here all appeared, and Mr. H. allures the fubfcri hers that he will finifh the whole for 80,0001. Although gramntar were,to he let it defiance, laid Mr S. although unlimited power were given to torture words to the moll unnatural meaning, I defy Mr. Holland to (hew that this is not an under. taking for the 80,0°01. to complete the Theatre, and all the buildings which it was propofed (hould furround it. The truft deed of 1793 is in the fame language; and flippoits the fame inferences. But I have yet another proof, which I think will con lidetably awake the feelings of Mr. Holland. He lays lie was only to mile the Theatre. Why then did he ley the foundation of the tavern and the dwelling-houfes? When Mr. Harvey came to him, ' pert:wed him the bill for this' work, did he fay, " this is no coircern of mine. r have only to do with the 'Theatre: you midi wait till the leafes are granted to individuals, who are to build on their own account?" No; he granted him a cer tificate, as he would harie done to the man who had made the Hair to the boxes. I alit if [he ' Duke of Bedford; and all the 300 fubfcribers did not even that thefe buildings were to be complet ed by the architea ? I proleil to GOD that till I read that al:fie/air( ' another. idea never entered my brain. The lots we fuftain for the want.of thefe accommodations is very.great. IrWe Cotild affign apartments to the peVemers, we Might reduce theirfat:tries ; and Am the Theatre being with• Out a taveni, we calculate that we lore io or 2 5 1. a night. It' Mr. Holland, when he law that he was millaken, had zornt: forward and frankly ac. knowledged that there was an error in his eflinvate, fhould immediately have convened a meeting of the !'Centers, and tried to procure new refources. I have re.ifon to believe that he early made the difcovery. He propofed to me to allow a part of the old houCe to (land, and pointed out very inge 7 Mous modes in which it might have been propped. But I told him that, as the Subfcribers had come forward fu liberally, and as we had promifed a completely new Theatre, that I would not agree to the propofal. IP at this time he had made an open and frank declaration of his inability to per form the contraft, inflead of reproaching him, I would have exerted nayfell to the utmoft to relieve him from his difficulties. But, after what has happened, I think I have a right to refort to the original agreement, and rigoroufly to infift upon legal rights. ant forry to have Paid. Co much upon fuch a fob jeet ; but palling by the caule of our embarraff ments, and the confideration of who is in fault, I (hall now fay a few words upon my own conduct. Mr. Holland received 77,0001. and to make good this, I was allowed only fg,oool. fo that I had to let nut with scrool. certificated debt. As thole who trufted the Archited knew the fund from which they svese to be paid, I do not believe that I was ! ,refponfible. But they applied to me, and flep by flop I became bound for the whole film. The mortgages fell into arrear, notwithflanding that a ; nightly allowance was made to fatisfy them. The renters lead accepted of this fecurity ! And might have been obliged to take as. 3d. or 2s. a night in- (lead of zs. 6d. B I !Tut I thought this would have been dlfcredriable to the Theatre, and I looked for the creation of tither funds. There were fifteen private boxes which I had a right to let afide to forniffi the Theatre. and to purchafe fcenery, but I agreed to died/ myfelf of this property, and thefe iift, en boxes, together with twelve new rent charges,-were appropriated to the payment of the armor s hf the renters. I know that they then con fidered their cafes as defperate. Dr. Goodenough • offered to fell 80001. he had upon the Thesitre for a trifle. Yet from that fund on the 16th of Ja nuary, ra e csool. had been produced, various mart gages have been daharged, and the whole are in a court= of liquidation. To pay the renters of i7Re, acl. a night was afide, but found infuffi cient. Though in!ormecl by Connfel that I was tinder no tohlig.itlCO, 1 increafed the 401. to 40. — Mr. Mansfield has talked of the proprietors taking away the receipts, and robbing the treafury. By the uucontradiSed of of Mr. Peake, it ap pears that the bankers have conflantly received one ;tall of the whole receipts, and that the proprie tors had furnithed ;col. beyond the furplus pro. its. Your Lordship intimated that in your opt. anion the perforiners Ought to be pail firth. Upon this intimation Mr. Peakehas line* afted, and on .this account Mr. Mansfield had thought fit to fay that the proprietors continue to put the Thole re ceipts into their pockets. To (hew the foundation of this fecond libetalaffcrtion Petite has fwven, moreover, that fine* the 16th of November the props ictors, beyond the whale receipts, have fur ;abed, to satisfy the demands on the Theatre, above 2 cool. I am convinced that the fpirit of equity which .pr:tides in this Court, extends to the praCt.ces of the Atlvocases, and that, far from cs eeediag their infirit4liotts, they will not a& np to the letter of their brief, when they are in danger of hurting the feelings of a-Gentleman. Above, all, if they have once. been twilled by their clients, 1 truft they are not rail] in hazarding a fecond al fertion equally injurious on the fame fallacious ground. I feel deeper regret at what has fallen from the Limited Gentleman, bccaufe I have a high rept& for him, and that every thing he ut ters carries great ,weight along frith it. 1 indeed ,did not, imagine that he would have lent himfch to fuch a purpofe--I did, not think he would have defcended to be the channel of perfonal invecrlive. • I fhall next confider the claims of the creditors. iThe -firth 'head is authorfhip : Three poets, Mr. Cobb, Mr. Lewis, and Mr. Hoare, demand a Tecompenle fur their literary labours. They are 'certainly men of great merit. Mr. Lewis has not only favoured the public with a produaion noted for its morality, but bat lately relcued from obli vion certain Tale! of Weeder v.rote by Parnel, Dry den, and fuck paltry fcribblers, which, but for 'his condefcending notice,. moll have lain evcrlaß; 'ingly unknown. I muff obferve, however, that Mr. Lewis has a judgment for his debt, and that, it is not ufual for ordinary mortals to proceed both ' at law and in equity. I defired the tiealider to make out an account of the profits of Mr. Heave's , piece. From this it appears that it.was ;dies' tit nights, and that the receipts upon an average were not above 341. a night. It may be afked Why it was ailed fir often ? The truth 1 believe to be. that at the time there was nothing elle to aft. It was brought forward twice neat leafon, and upon this confirmed proof of its demerits, I believe Mr.' Kemblc can fay, that the author had no thoughts of afking for remuneration. Yet he now comes and dies the price of the mull excellent and moll fuccefsful comedy. However, let him, like the others, receive what an arbitrator Shall declare to be dire, and if that fum is at all confiderable, I believe it will be allowed that the Indifiretion was not on the fide of the author who prefented the piece, bur of the manager who accepted it.. After paying forne handfome compliments to Mr. Cumberland, who had refilled to join his pe titioning brethren, Mr. Sheridan proceeded with the other creditors. He confidered the cafes of Mrs. Nunn, Mrs. Lowndes, Mr. Shaw, Mr. Weffley, the Duke of Bedford, Mr. White, Mr. Gloffop, and Mifs,Leake. He (hewed that many of them. were fatisfied with their fecurity, and had made this application only from having been told that, if they did net, their debts were de , nitrate. Me likewife proved that it was entirely lowing to his own generofity that feveral of them were now enabled to mate any claim ; and that the demands of others were completely ground lefs.—When he had concluded this head, The LORD CHANCILLOR Aced him how it was propofed that the performers fhould be paid their arrears? Lie obferved no provition for that' in the proporesi fettlement • and it would therefore, per haps, be necelfary for him to make fome new re gulations. There were feveral lets confiderable particulars which he might alter, and which the parties upon cOnlideration would probably alter themfelves. . Mr. Smut: ma. If your Lordfhip will provide 'for the performers being punetually paid in future, I undertake that they !hall loon receive all their 'arrears. Vslatever reports may have gone abroad, I believe no man ever enjoyed the confidence and attachment of a let of individuals more than I do of the Drury-lane company. There is nothing which they would not do to accommodate me, and I believe there is not one of them that would not engage at fetch a falaryand a free benefit upon my word without a witncls being prefent, as if a• le- , gal indenture had been folemnly executed be• tween us. When this application was made to the Court, I had prepared a truft deed, making over the whole of my intereft in the Theatre, ex cept ecocl. a year, to William Adam, Efq. a Gentlemen, the mention of wheife name calls up levery idea of the niceft honour, .aari the molt I unremitting puniftuality. I fufpcndcd this deed that I might throw no obftacle in the way of the applicants, and that they might not fay I attempt ed to weaken their cafe. The deed will now be exe cuted without delay; and I underfland that all the 1 performers are willing to accept of the fecurity it affords. They arc convinced that in this way they will be paid fooner, as well as lefs detrimentally to the interefts of the Theatre, than if any terra was created for their benefit by your Lordfhip. I have undertaken that every debt on me, and on the 1 Theatre, (hall be immediately called in. Before your Lordfhip was railed to the dignified Ration j which you now fo worthily fill, you know that Inch a fcheme was in contemplation. Within a month an advertifement !hall be inferted in the public papers, no demand upon me (hall be left outtlanding, and whatever lies in my power than be done that they rnay he all Weedily Litkfied. If the furphre profits of the Theatre are not fufficient, I am ready to give up the :cool. a year I have re fervcd for mvfelf and my family. But I trull this facricfie will not be necelfary. The Theatre is by I no means in loch a bad Rate as many people ;ma i truflees neglefl their duty—if they itrive to crofs the Proprietors, v:c may never be reliev ed from our cmharralfmentc. But many d4ficul ties have been fu3 mounted, and ;,n arrangement I has at IA been concluded, which embraces all I concerned, and which it will be the inter-eft of all to olderve. Let me indulge the hope that, under better aufpices, the Theatre will fia.n clear itfelf from all its incomlnances, and no one will have reafon to repent having been Bonne led with ir. Your Lordili:p talked of making fome alicta , ions in the propoials. When you are coatiJetin• what thefe (hall be, I do rwift earneftly beteech your Lordthip eau think of affording us fome proteSion againft la w.firi.s. 9ne has curt me is:cr.!. arrothi.i you). am r her t tool. and I ath told that the prefent will aheady Lace coft me eight hundred guinea',. The Liw affords Inch fccurity to property that foute people thick it never fecure milers in a COUlt of Jultice. The Theatre has Itamina to !tend al moß any thing. It has flood expenfive bull ling, it has flood had management. I believe ,t could Rand confuining fire ; but a law fait or two more mull finally tos erwbelrn it. I would not be uadu:• flood toinfinuate any thing again(' the higher or ders of the proletlion. I have the Imehea relpeift for them, and it I had poffetied ;t lofficient degree nt prudence and application, I myfelf would have worn a wig and gown. After fume warm acknowledgments to the Chancellor, for the attention with which he had been heard, and the kindnefs he had expel ienced, Mr. Sheridan concluded nearly as follow., :—Since I have much about the pall, allow me, my Lord, before I fit down, to fay a few wolti, the more. Although no one Las held calnamy more cheap than mylelf, yet I ihould be lorry to be thought inientible, teen to unmerited reproach. Amicht all my feeming gaiety, I have loan fen a fling in my boffin) sslach has poifoned all my en joyments. liecaule lam carelefs of my own mo., • ncy, I would not be col tittered incline's:in about the intereils of others. I believe there is not one of thole who would be the greatelt fufferers, that has felt lo much pain as myfelf, from the refleiion that, in cafe of my death, there might br nu Mud for the payment of the creditors to the 'Theatre. lay the fettlement to v inch 1 have alludc'd, ;11Y anxiety upon this fubje& is relieved. My income will now be fmall, but I wilt my liappinels will not be impaired. Ido not pretend that this change of circiimitances gives the no uneatinefs. When I look7back upon what the property might have been, had the original plan been exec:tied, bad the buildings been completed aceordiug to the eflimate ; and had the mortgages been paid off, I am tilled with regret ; and this regret is rendered more poignant by the thought, that by want of prudence and attention, I may have contributed to this diflipation of the property, and that I may have had a there in producing the emharratlments of thole who have claims upon the Theatre. But it is for them, nitwit more than for myfelf, that I deplore the mismanagement of the concern, and its unfortunate effeas. Whatever appearances may have been, I fet no high value upon the fplendour of Edition or the enjoyments of luxury. Wealth is not necetrary to my own hap pinefi, nor I truth to my eflimation with ineiety: I have had to flruggle with the difiolvantages of uncertain and flatuating income. Thee, in all cafes, arc knowo to be great, but they are parti cularly formidable to a man of a fanguine temper, bleffed with bnt a fmall (hare of refolution, who might meth much from the .exertions of talent. who forms hopes which are never realifesi, and makes to himfelf promifes he is unable to pee form. To exceed a limited and a certain income is a very different offence. In that fituation I have never hitherto been. I am' in that lunation now, andd (hall continue in it till every debt is paid. till every demand is fatisfied, and till my property being completely difencumbered, I can no longer be liable to the furpicion of living in magnificence by unjuftly keeping others in indigence. Till that moment artiuts, I (hall live in retirement with that fpirit of undaunted independence, which as a public and a private man I trukhas ever diftinguifficd me. Mr. Hom.aue replied to Mr. Sheridan, and re peated his former affertions, that his contrail only related to the itruCture itfelf, chitin :1 from the Coffee-houfes and Chambers alluded to. With ref pea to the expence, which the Learned Gentle man alledged to have taken place for the purpofe of finifhing the Theatre, it was to tie remarked, 'that no Affidavits appeared to prove that expence, and no finch expenditure was apparent to thole who reviewed the Theatre ; all depended on the alfertion of Mr. Sheridan, feconded by his extra ordinary eloquence. Mr. SHERIDAN again maintained that the fOUrle dation of the Taverns. laid by Mr. Holland, was ftrong proof again(' his affertions, that his con trael comprehended the Theatre alone. Mr. HOLLAND Rated, that he laid the founds. tions alluded to, in confenuence of the affurasces of Mr. Sheridan, that he would fee him paid, without making it necellary for him to look after the Truftees. Mr. MANSFIELD laid, it was difficult to reply to the fpeech of Mr. Sheridan, becaufe it was dif ficult to difcriminate between the arguments upon evidence, and the affert'ons which it contained. The LORD CISAICCELLOR here took ocedion to oblerve, that he had thought it his duty to hear every thing upon this fuhjeet, whether affertion or evidence, bat that he fhould very much fort et his duty indeed, if, in examining thole Itatements in order to form his opinion, he did not take care to difcriminate between that which was proved and mere air:t GOD. Mr. MANSFIELD refumed.r—With refpat to the diferintent which Mr. Sheridan profelfed to fed, in confequence of his repetition of the charge, that the receipts of the Theatre had been plied, he mita fay, that he had no authority horn his clients to retraEt one word of wharlie had uttered on that fiihjeft, and horn what de could (re, upon the belt examination, lie could not for. bear to add, that the charge app.:tired to him to be extremely well founded. As to the paYmeat of the Performers he kneW nothing; perhaps, tome of them had been fettled with. The IScrnbles, the Siddons, Mrs. Jordan, and the Banc; ers, who were in every one's mouth, might have !ken paid, and paid in advance ; hut how did this cafe come before the Court ? Melrrs. Hammerfler and Co. his Clients, came forward to complain of tia:. fre quent violation of frequent and fideoin e.,ntra.as. They complained of being tcavied by the Piniurs for nioney, which was appropri.ited for other per. poles, contrary to deeds ft,oned by Mr. Shdidan. Mr. M. then catered into a lidtit y of the fevcral deeds in which Mellis. Flammtriley were con. corned, aad maintained, that none orti,efe cove -11,111; had been attended to by Mr. Sheridan.— With Tepid ro the hitilding of the Th.,:ttre, its repaii S. it frultil the Ifa on,fits of Mr. dart hinifelf, and alfo :11..fe of air. 1101. land, that the Trudecs had n.. , titing to du with that—it was the btifinefs of Mr. Sheridan. There was theri f 're on that :core no pretence lOr ing the turn prontifed dy the di:Teient tlet ds Iketr.re deiLi ibed, to be veiled in the hands of the 'True. tees. To theft; deeds he obfervcd w!io was this d ty cimiA to be a l'i'oprictor,:tocd t Mr. fah:lid rit and Mt. Richaidfon. The LORD CHANCELLOR ItlllAtkCJ. that