Star. — London, England, 1806-12-10 00:00:00

r CMCULAR LETTER. HORSE GUARDS. Dte S, IS - 6. Mew" Earn , haying rendered It •f the laighelt importance, that every poffibk notion dull be made In nrrying on the Re. crulting service with the emelt energy of which It Is capable, perticadarly a. it I. applicable to the fecond battalions of Regl. gents of the I Inc. bla Maiefty Ilea been pleated to diredt, that all We Olken belonging to the (mood batten .n of the Regiment leader rite command,who can be (pared from the neeeffary duty _ . at bead quarters, Dull be immediately employed on this feryke. Front the seal, whkh I know to sent In the Regiment, I o ppar e rity bops, that In the eourfe of fix months from this period, hey of tae nen, In addition to its peddle numbers, will be raid goad It Is nearing that I fhould apprize you tort, if Usk et - preadeo is difappointed, Use redudion of the feeond bouillon of the Regiment win, In the eftinution of boverntsman. bemire a listafure indlipat fably due to *jun entifideration of poblicatedanty. I urn perfuatted sow perfonal Influence and exertions will pot be wanting or this ne_callon ; and I rcqueft you will eemoicru,aft the contents of this letter to the regiment under your command, and that you will call upon the Oftleers of all ranks to ufe their artmoft endeavours to comikte Chit levy, attiring them, that theft ever Inns on this oecallon will sot fall to recommend them to his Majeity's notice; and that if they can carry the Itrength of the levy beyond the number I have fpecified, It will be a very acerin table proof of their zealous &Amgen( this important branch of their dory. I hall dire the Adjutant General to tranfmlt fer your furor -1.16111, and for the guidance of the Meer, emproysd on the Re- WORN Bernice of the Regiment, the regulations abd ieftruc iiiirlaider which thb levy Is tube concluded. LAW INTELLIGENCE►. touitx OP CHANCERV, DEC. 9. LIBERTY OP THE PRESS. 1, ftriCILL V. MAC AAAAAA . This day the So&Acme G enewed his application to the Court in this cafe, for the commit. tal of the feveral proprietors, printers, and editors of the Morning Herald and Morning Poll; newfpaper.,men tinned upon a former occafion. The Learned Connfel Hated, that it was then/ea necelrary to include thefe Gentlemen in.the notice, fo as to bring them before the Court I but as they bad *fled with the greater' propriety, in doing every thing necelary towards an Intrefliptlos if this matter, it vas not the with of the . pany complaining, to prefs any thing againft them. The lenient -application. therefore, was chiefly and wholly irgainfl Mr. George Farquharfon, and John . ildacsamerm Efq. the Defendant, for a molt grofs . Mit feandalous mifreprefentation of the proceedings ta_this mule, in the newfpapers before alluded to.— Upon the former occallpn, his Lardfhip dirated that affidavits floold he made, to thew that the publics ''tins complained of were not what they were Rated to reprefcnt. Thefe affidavits, in conformity with • that erder, were now ready ; and the quelion would come before the Court in the regular way. LORD CHaNCILLoI — " Yon could not raife the 'incline without them, Mr. Solicitor r The SoLlciroa CAMERAL continued, that thefe affidavits referred to certain palTages in the publiea • tion in quellion, but he did not mean to confine him. (elf to any particular pafage, for his complaint was againfl the whole publication, which was moll ma . wifettly made with a particular view. There never was a esti came before the Court, in which it made more animadverfions upon the party ; but this ac count was alto meant to mifreprefent the conduit of thole who were engaged in the invefligation of that cattle. It was neceffary to obferve, that this publi• cation let out with giving, as it formally implied, a Ilatement of the fags, and it was impoaible to read it without feeing the manufaaure in every line. His Lordship would recollea, that in the coorfe of the • caufe it appeared a deed was executed by the Mils Purcells, at Calais, in 1786 ; the two fillers met there for that purpofe ; and all that remained of their • property was then conveyed to the Defendant ; Mr. 1..Mc , •1A had Rated in what manner the Pureelh were compelled to fign that decd. The account alto given by the Defendant himfelf, admitted, that harlh words were made ufe of, and he declared they should not receive one tingle (billing from him, unlefs the deed was perfected. The account given by this reporter was (after (peaking of other matters) " It alto ap peared in evidence, that at the time AA the Plaiatiff, executed the deed, the expelled the utnsna grati— tude to the Defendant, who had freed her horn the surgeries of a gaol in a foreign land." Mr. Fon blanque Mr. Thompfon, and Mr. Agar, who were the Defendant's Couttfel, were alto made the chan• eel to throw flander and contempt upon the proceed. ings of the Coon, and the ipftrnments of fcandal and abufe upon the liberties of the prefs. After the confirmation of the decree, thefe Gentlemen were nude to fay, that the Court muft-vary its judgments, and charged the Plaintiff and her Attorney with a n infamcus confpiracy ; and then MelTrs. Thompfon and Apr are made to fry, a that the event of the trial would ellablifh the upright concludt of the De fendant, and ezpae the Plaintiff and her confede rates ;" and Mr. Fonblenque, particularly, was made to Outwit as a foul confpiracy againll the Defen dant. This publication then went on to Rate the opinion of the Mailer of the Rolls, and the panegyric he is reprcfented to pafa upon the Defendant, and his Lordfhip's encomium upon him ; and then fol. lowed the judgment, declaring the deeds &mild be fet Ade, and the coils all to be paid by the Defen• dant. If, therefore, this account was not palpably cal culated to hold up to (corn and contempt the pro ceedings of the Cuott, it would no longer be a Court of Jollier, but a Court of manifefl in juilict. The affidavit of Mr. Adam, the fhort-hand writer, fisted poiltively what had paired t--this affidavit, with f .me ruheis, had been [worn fince • the Fall application, and Mr. Adam (wore he atten• ded the whale proceedings, and took minutes of them is thin band. He Rated, that, to the bell of • his belief, Mr. Macnernate was in Court upon that ateotheiew-be pevufed the ttsternent in the papers. and ornarcomparing it with his notes, he (wore that the istement was neither true nor faithful, hut appeared to hien a falfe and fabricated account. The fads im- piked to Mr. Fonbranque's ilatensant sever appeared •to hove been mentioned by him. neither did the Lorrit:haneellor make rife of many capieffiona potted to bis Lortlfhip. In adverting to the t.flidavit► of 'Mr. Morgan and Mr. Farquhatton, the Learned Counfel ally obterved, that the material point to be confideresl leas, a► to the 1.,8, ..tielhe, the latter patissiaa was ps.stoisaing Li► duty faialutly to tl.e public., or whether he did not betray that try§ repriced, i:t him, be not giving loch report faithfully and ins- , partially ? But upon this head there could be little 'quettion, for the mere circumftance of his taking a AMI of money, when he was paid by the public, was fufficient to Mew the culpability of his ads. It was for his Lordlhip to decide what was their motive in this tranfaaion. The motive of the Gentleman who brought forward this matter before the Court. was only that id •y might (land well before the public, in. Read of being conlidered confpirators of the wort! and moll bafc charatter. The Learned Counfel alto wifited, individually, that the public Mould be fads , fled upon this Cubit& He begged to he explicitly onderflood, that on any obfervations be had made, or fhould hereafter make, that be did not mean to mi litate in the flightell degree azaintt the liberty of the prefs ; on the contrary, he thought we ought not Its complain even of as error in the publication, pro tided it was not an abfolute mifreprefen:ation, and done fur that poronfe. The public derived great ad vantages from the fait publication of the proceedings 1,4 Courts of jollice ; but it was dent iAlly neeetrAry that the happinefs and the charaCber of Mitors of that Court Ihould be protelted, and the honour and dignity in the proceedinls of a Court of _Eunice be p eferved, and that it thoold not be made the infirm meet of calumny and wilful mifreprefentation. Some affidavits were about to be read, when Mr. Matnamara, io perfon, requefted that all the affidavits Ibould be read, which was immediately acquiefced in by the Coost. The joint affidavit of Mr. Morgan, the agent of Mr. Lincoln, and of Mr. Macdonnell. the Editor of 7he Mona: Herald, related chiefly to an interview thefe parties had with Mr. Fsrquharfon, who then acknowledged that he made out the account for publication, partly from documents furnithed to him by Mr. Macnamara, and partly from his diaation, that he was ?remunerated for his trouble by that Gentleman, but never received any bribe. 1 The affidavit of Mr. Farquharfon Rated, that being defired by his employers to make oat a full ttatement of this cattle, and not having attended the whole of the proceedings, he found himfelf inadequate to the talk, and voluntarily applied to Mr. Macs:lama:a for the necefEtry dccuments to affill him; who afterwards engaged him to make nut a Itatement of the whole cafe from thofe docoments, for which he received an adequate compenfation ; but pofitively denied ever having received or been @offered a bribe. The affidavit of Mr. Matnarnara was nearly to the fame effect—he employed. Mr. Farqnharfun to make out a fair Ratement of the cafe ; in confequence of mifreprefentations which had appeared in Tome of the public papers ; but denied ever having offered or be llowed a bribe to him for fo doing, only having re munerated him for his trouble. The affidavit cf Mr. Byrne, Editor of the Morn. ug P 9, Rated an inter view which took place between him and Mr. Maenarnara, a few days previous to the final judgment, when the latter requelled he would utfert an account of the caufe prepared by Mr. For. guhar fon, and offered to pay any reafaneble lion for its infertion ; but this letter Mr. Borne declined ; at the fame time contenting to publilh the account, provided Mr. Macnamara would pledge himfelf for its faitnefs and impartiality. This was acguielced in by Mr. Macnamara, and the account was taken from a manufcript, in the hand waiting of Mr. Far quharson. The fubflance of Mr. John Adam's affidavit, we have already mentioned. The affidavit of Mr. Alexander Frazer Rated, that he was employed as a Rion hand writer, to take tome part of the proceedings for Mr. Macnamara, that took the minutes of Mr. Fonblanque's reply ; and made a fair and impartial tranfcript from his notes, which he gave to Mr. Macnamara. Mr. Fergnltat. fon was afterwards outplayed in his place. Same other affidavits of Mr. Morgan and Mr. Far guherfn, contradiaory to each other, as to Come of the tranfaaions, were alto read ; but our limits will not permit usto go into the detail. Mr. Hear, on the fame fide with the Solicitor Ge neral, entered into a very long and able argument upon the nature of the contempt, fur which he fought the committal of there parties. The publication in quetlion was a moll profs and feandelous libel upon the Court, and were it to be puffed over, without no tices the eonfeeptence which would enfue would be a repetition of fienilar publications. This was a cafe which had gene through a long and tedious invetti. gation, and had taken up mnch of the time and at tention of his Lordthip's Noble Predeceffor, as well as that of Come of the ablest Banitters in that Court ; and was it then to be termed a concerted fcheme, and a premeditated eonfpi-acy, of the Plaintiff, her Attorney, and Mr. Lincoln ? Mr. Lincoln was a perfon who was examined as a wit , Deft by Macnamara, who laid, at the time, that I h e was a creditable witnefs, boa afterwards chofe to call him a difeardeci 'fervent, and now fought to make him appear, in the eyes of the public, as an infamous Confpirator, feeking to avert the ends of jnflice. What was thi. but telling a witnefs, that he was to give his evidence at his peril ? What man, with common rte. sex or common feelings about him,would COW into a Court of Mice to give teßimony ? What man is there, who would not ff rink from doing that juHice he owes to his country, if he is afterwards to be branded as a conlpirator and a calumniator, and the reward of his fair tellimony is to be libelled and abufed ? In adverting to a libel of the prefent kind being cognizable in that Court as a contempt of the Court, the Learned Counfel cited a cafe from ad Atkins, 469, where, on a motion that had been made agairat rhe Chaartion and &. 7antes's Evening PO Newfcmpert, Lord Hardwieke declared, that nothing was more incumbent upon Courts of Junice than to preferve their proceedings from mit t epaentation, and the pat ties before it from shore. Mr. .1 . 11n1.1 P CON appeared as Counfel for Mr. Mac. Daman and Mr. Farguharilin, and laid, that when he 6rll read the notice of motion, it Bruck him as perfeally novel in that Court. It was nothing lets than a motion to commit there two perfons to the Fleet for a contempt of Court, before any fuch con tempt was venally proved to exit! in the publica tion alluded to. It appeared to him to be a as di extraordinary motion, and fuch as he never tied heard of before ; very little had been (aid as to aline was really to be conftrued into a cuntcmpt of Come, ahhough much had been laid as to si:taanatory es pteffions againft the parties in the caufe alluded to i —The Solicitor General bad obierved upon fume- r • thing, which he deraltrninsted a libel upon the jullice of the Coact. He hardly knew what was meant by Inch term,. If it was meant to be the libelling of the public, or the libelling of individuals, the cootie of procedure to be adopted was well known—the party aggrieved might profecute for damages in another Court. It appeared wonderful, that none of his Learned Friends haJ been able to trace the dolfrine, they attempted to maintaimen be the prattice of the Court. to arty authentic fount ; they had cited no authority, but the cafe in ed Atkins ; but there was lately a great difference between the two publics. lions, both in regard to the eircumflances, and the doOrine laid down by the C turf. The Solicitor Ge• neral had, with great truth and juffice, animadverted upon the liberty which belonged to fubjells in this kingdom, to puh!ifh the proceedings of all the Courts. He aloft completely agreed with him in faying, that aotwithflanding all the inconvenience which might occafi.onally reftilt to individuals, from the era - cite of that right, it was a great advantage to the public, and a privilege which particularly diltinguiffied this coon try above all others. It tended to kerne the pure and equal adnsiniaratioo of juliice. His Lordfhip would recollett a cafe, which was attended with peculiar hardthip, which bore Come refemblsnee to this mat ter ; it was the cafe of Currie and Walter, in which a fpeech of Counfel had been publithed in The lista Newfpaper, upon a motion to file a criminal infor mation againft Mr. Currie. The aftion was tried before Lord Chief Juftice EYRE, who held, that the 'publication was pettedly true, and, therefore, not the • proper fubjeft for a profecution•—lt would be idle to quote many cafes on that fubjeCt, becaufe it was not to be denied, that if the publicsti n was true, it was net puniftsable ; and if fake, it was ptiniffiable by a Court of Law, either criminally or civilly. Lord HARDWICILI'I opinion was, that unlefa a publication WAS a contempt of the Court of Chancery, he could not take cognizance of it. That Learned judge had, in that cafe, acknowledged, that while a caule was pending in Court, it was proper the individuals con cerned in it, or conducing it, fhould be protefted by that Court, but in the preterit inflame the original caufe was at an end. The &mica roe Gilliam. here obferved, that this was a point which he had not thought necetrary to advert to; but who could fay that the publication complained of did not amount to a threat againft the Court, fremirroa file P He was far from confidering the original cattle as finiffied before his Lordlhip ; and one of the mandrill objets of that publication was to influence the fissure proceedings in the caufe, both as to the parties conflated with it, and as to the Court itfelf ; and he therefore infifted upon that being a grays aggravation of the criminality of Mr. Macna mare and Mr. Farquharfon. Mr. Tame PSON continued and faid, that he did ant confider this as a cafe Rill depending before his Lordlhip. and therefore it could not have the (mall et etre& in influencing the Court. The idea of its doing fo teemed to deferve the appellation of con tempt in a very different fence, Co far as Mr. Whit. Iton and Mr. Morgan, the two agents, were concern. ed. The cafe before Lord Hardwicke had gone no further than the patting in of the Defendant's an fwers, and Come proceedings having taken place be fore the Matter as to appointing particular guardians. In that cafe, thole who were condurfling the cattle, were denominated affidavit men in the publication ; and a caution was thrown out t a the public, warning all fathers to take care to whom they corralled the guardianfhip of their children, leg they Ihould he de frauded of their property. The particular eircum fiances of the two cafes were therefore worthy of confideration, and then the judgment pronounced by Lord Hardwicke might be eafily accounted for. The contempt of the Court in that cafe was the pre judicing mankind before the mire was heard, but in the prefent one, the faits had been only hated after the cattle was finilhed. There was one Mang in- Rance cited by Lord Hardwicke, the cafe of Captain Parry, who printed his brief before a caufe in which he was concerned came on. An aftion was brought in that cafe alto, nut merely fur pt inting the brief to give to his Counfel (a thing width any man m ght do if be chore), but for circulating it, and prejudic ing the world, before the caufe was heard. Mr. Wyat, in his Practical Regifier, in treating of con tempt of Cow, particularly Rates it to confift in prejudicing trTankind before a caufe be heard, or the ahufing parties concerted in a cattle before the Court, holding out threats to witnefre,,&c. If a con trary do/trine citified, he could not help thinking, that they fhould have had many applications to the Court of a limiter nature. If, then, no practice could be Rated, and no former decilion alluded to, which was completely applicable to the prelent quellion, how was his Lordfhip to decide, or lay down a title which thould not only jullify the committal of the parties complained againft, but (hall ferve as a rule l , for his own and future Chancellors' lubfequent pro. cedure In what manner was the Court to be rcgu- lattd upnu this point, in order to fatisfy public jut lice ? The cafe appeared fo full of difficulty, that he! trolled his Lordibip would difmifs the application. He was totally at a lots how to deal with the argu ments which had been ofed. At one time it was laid that they were particular pillages applying to individuals ; and s at another. ;mirages applying to the Court, that were complained of. All of thefe pillages were alledged to be Cu puts, as to furnifls fufficient grounds to maintain the application. At one time it was alledged that Conte paffages were worfe than others ; and at another, that the whole I compofition was fo libellous, that it was impoffible the Court Mould not confider it as a contempt.— Thefe arguments were fu general and fo lumping, that he hardly knew hew to confider them. The SOLICITOR G laid, lie did not mean to alTert that all the publication was libellous, or that it was We in certain particulars ; loch as tlating that fuck and fuels perfons fpuke, and that Mr. Fun blaoque made an eloquent fpeech. Mr. Trioursum contiroting ; nor could the Solici tor General dilpute that it was a fad properly Rated that Lott' Eldon's judgment was affirmed ; neither could he deny the fads as to the difcarded Steward Uncoil) ; nor that Mary Purcell had not only ac• knowledged her gratitude to Mrs Macnasnara, but had alto fuorn, that her fillet, Frances Puma. the Plaintiff. would not have fired Come of the deeds.' unlels prevailed on, and advifed by her agsats. Lord k.lt• The accuracy of one part of the flarement rather tends to aggravate the avocets racies of the others." Mr. Tame it•on the pirliended, at great kmalls, to animadvert strum thig Magary of this hafinek as detailed in the (canal affidavits which bad been filed. and read (hi, day in Citell, and endeavoured to i ir, rift' Mr. Farg.tharron in baying appli e d is Mr. ac namara fur Come particulars of Lech a lengthened and intricate c.f.:, for the PurPore of anabliliff frlf to Take out a report to facial, his employers. the Eiitor and rcoprietors of the 3/ • Aral/ lb. Macnamara having frornithed Fa rfba wish all the papers in the wife. betides skins him fame ver bal informatinn, it was impoffible for the Court to know what to fix upon as the Otigin of his informa tion. He near animadverted on the affidavit of Mr. Adam, who, he thought, had dealt boldly in Affert ing. that fuch and Itch expreffions had not *dually occurred in any part of the proceedings, and he c• uld not fee on what footing he could have immured to do In. Mr. Adam had not adverted that Mr. Fonblangne, in his opening fpeech, had ufed the fame expreffions whin he, in his affidavit, had dc. vied having occurred in the reply ; he, Mr. Adam, nut having been prefent on the firn day's difeuffion. That was placing the Court in a very critical fins ation ; and, thetefine, they ought to petite well be fore they proceeded to commit upon tech teftionony. As to what had fallen from his Lnrslihip I , AS• the affidavit alluded to was dealing very largely--he caufe, when the grounds on which theft ladies had granted the feveral deeds were coatidered, all the venom of that part of the publication was done away. A eircumnance worthy of notice was, that all the other papers of the day contained accounts of the proceedings pretty fimilar to the one complained of, and an their, neither Mr. Macnamara nor Mr. Farcotharfon had any concern. The Sticicre,e G obferved,, that that dr cumnance did not appear to be material—but if it was ft it ought to be m a de o ut b y t h e ev id ence , that they "'Pre not printed from the accounts in the Herald or Pon, or paid for by Mr. Macnamara. Mr. Tmostr.ort—lf there were miflakee in any of the other papers, as well at in thofe complained of: it cutely took away extremely from that part of the cafe which he had been led to confider as she mon important one, viz. the wilful milreprefentation of fads. The cafe then came to this, that a perfon bad very reinduantly, but from an bonen difcharge of his duty, attempted to publins an account of a caufe fo complicated, that he could not fail to commit er ror', or Rate fume nonfenfe, or that he has inkrted in Mr. Fonblanque's reply what he ought to have put into his opening fpeech. Yet theft were the grounds for alledging a contempt of Court ; although there were nothing proved to have been mifrepre. rented, either through wilful or corrupt motives.— Some Inore alltifinns had been made in the affidavits of Mr. Macdonnell and Mr. Morgan, that Mr. Far. quharfon, when firn charged as being the author of the publication. had Rated, that he had wil ten it by the direction of Mr. Macnatnara, and that he had received mosey for it; but in a cafe like this, the Court were tidy bound to proceed upon Mr. Far guhatfon's own natement, as contained in his lan affidavit. (To this propufition Lord Easiest& al fatted.) Mr. Farqnharfon laid he did not receive money till after the publication was out, and that it was got Bidated by Macnamara , but that his for mer affertion of its having been was prompted by the promife of the agents in this gneftion not winting to proceed ageing him, bat only to fret at my other client. As to Mr. Macnamara. I admit that he was guilty of en indelicacy, in offering money to Mr. Byrne, few the insertion of the publication in The Mamie! Pe. (Here Mr. Macnamara raid, that he thought it had been ufual fo to do, in order to procure the infection of fuels matters in the f I papers ) Mr. Byrne, in this refped, ailed very ho nourably, in refitting what was offered ; and the blame attachable to Mr. Macnamara was certaiely tliViAl. as it WAS natural to fop pufe, that an Editor . would retied money tor punting what another was materially concerned in. Mr. Thumpfon then pro ceeded to point out various inaccuracies anti apparent incontinencies in the various affidavits, to (hew the liability for perfuns to err, in Rating inconfiderately what they believe to be fads. Mr. Farquharfon's haling Rated in his firs affidavit that Mr. Whitton and Mr. Wigan induced him to fay things which in his tubfecpient affidavit he contradids, (hewed that their conduct deferred more the name of contempt being applied to it, than the publication complain. cd ot. Lord That cannot be important, be mile Mr. Whitton, Mr. Morgan, or feveral other Wimeffes, imputing any thing to Mr. Farquharfnn, cannot be of avail in the prefent itinance, fu long as he shooks to deny it." 'I he SOLICITOR G raid, he doubted very much whether that was the courfe of that Court, al ' thuegh it was fo is the Courts of Law. In the latter. the party complained of wet ordered to enterer affi davits, and it be does nor, then interrogatories may be received againß him. The matter was different in the pier( at intlance. Stippofing that neither Mac. namara nor Farquharfon hail given in soy affidavits, we mall pottered on the faAs proved by others. Lord Eames here obferved, that they muff give in affidavits, otherwiTe they would have been taken pro miff°. Suppofiog that it had been en informa tion by the Attorney General Int a libel, attributing to a Judge an unrighteous judgment, to which the defendant pleaded not guilty, then it soul be proved that he is the publifher, and the Court is left to de termine whether it is a libel or not but in the cafe of an attachment, the defendant has no trial; fads are imputed to him. which fads, if not denied, ens• fliture a carper, &hill. There fads may be proved by affidavit, audit Le deny them, by a contrary affida vit, his one is to be taken as the evidence. The SoLicrroa GE added, that he thought his Lorenhip would find, that there never war an in aance of a perfon being forced to anfwer interroga tories in a Court of Chancery, although it couli be done in Courts of Law. After a few further obfervations from Mr. Tumor. sox. the &idler proceedings were potlponed till to .(this day.) Real excelleace requires no pan-gylic ; or, as tb• old adage fay5....14 Good nine Leal' no isufh."— Under this happy dcfcrepdun fall, the prefent vest aad 'nudist State Lottery Scheme. It i. fuflicieut to pet ufe it to perceive the fuperior merit of its npu. lent conllrtglion. In !hart. the internal excellence of the is In fell . apparent, as to obvious la neccEty for aidirg it Will Ate.