Star. — London, England, 1817-03-11 00:00:00

fey v.-ere totally subversive of the British Conatitu ' inn. He knew, indeed, that there were some very high Anthmitbos who thought very differently, and who maintained such doctrines to be perfectly consti. tutianal, instead of being destructive of the Constitu tion s yet a Magistrate might, either from ignorance or prejadice, take it into his head to believe that such opinions had a tendency to sedition, and might, on such a belief, dissolve an assembly whose proceedings were perfectly legal. Lord cAsTLE REACH—The argument of the Honourable Gentleman would destroy the Bill alto. gether. Some dint inn must necessarily be lodged with the Magi , trate. The ride on which he was to act was.-not tl:at he s!iettiit disperse an assembly regu larly convened, tn u Ito discussions were conducted in a Constitutional way, although the debate might be intemperate, or even disrespectful—he was only jostitisd in pryceeding to an exercise of his power whose there was art motored object of any speaker to excite the multitude to sedition and rebellion. The Magis•rate, even in this case, would act under a legal responsibility; and 3 Jury of his country would after , wards have to decide on the propriety of his conduct and runtives. Unless the Magistrates were armed with such a power, the cctintry would at once be given up to the consequences of those inflammatory harangues which might ha made at such meetings.— The orty meeting put no let the law was one whose object was to excite rebellion against the State. There Was no reason sit suppose that the Magistrate would escape his liability, it he should gbuse his power— there would always be at such meetings sufficient per-' sans t o watch him, and who \vould afterwards detail his conduct to the July which might try him. In fact. it might be said that this Bill would in many respects cause more inconvenience to the Magistrates than to the multitusle assembled. Mr. W. SMITH replied, that the responsibility of the Magistrate was more nominal than real ; for it was well known that if he had acted fronr . weakness or error in judgment, he would not be liable; cor rupt motive must be proved ; nd such corruption was not likely to exist, or it it ex hied, was not easy to be proved. The Honourable Mr. LYTTLETON agreed with the Member for Can.bridge, that the punishment of I transpot tation was likely to be quite as efficacious as the punishment df death. Ile objected •to the words 44 and Government," as coupled with the word " Constitution ;" because he thought them liable to popular misapprehension. From liahitual looseness of expression, both in and out of the House, the word Goverroment" w;•s generally supposed to mean the I. Administration." And a Magistrate might, fi nin pique or ignorance, think pri.pet to arrest a man who in fact was not attacking the Coustifution of the coun. try, late merely the existing Adinioisttation. Mr.. B. BATHURST thought that it was impos sible for any per,ons,esfecially Magistrate;, to be so ignorant as to suppose that the words " the Govern. meat as by law established" could possibly mean the Administration of the day. At any rate, such antis tpke in a Magistrate would sul'ject him to an action; and as a discretion must be lodged some where, he did not s:e where it could be better lodged than in a person who would be answerable for any abuse of this power before a Jury of his country. Lord CASTLEREAGH said, it was a mistake to suppose that the Magistrate was empowered by these clauses to disperse a Meeting regularly consti.. toted ; his duty was merely to arrest any particular person whole speech was exciting the multitude to rebellion. Mr. LYTTLETON Mit the case of a Meeting, which,• thaugh not ,regularly called by the Sheriff, might consist of persons exceedingly respectable. Lord CASTLEREAGH repeated, that a Meet fpg regularly convened at the requisition of seven householders could not at once be dissolved by, a Ma gistrate : any individual holding seditious or trea sonable language might be arrested ; and if the Wring obstructed the arrest of such person, then it became tainted ; and then, and then only the Ma gistrate had the power to dissolve it. Mr. W. WYNN thought that in some cases it would be better to, bold to bail the seven-persons who might lend their .uames to an inflammatory or seta. Cetus notice. Mr. W. SMITH, in order to chew that a Magis. trate might, from error, think it his duty to dissolve even the most constitutional meeting, referred to a recent case which he said had occurred in Cornwall. A requisition had been sent to the High Sheriff of that County, desiring him to call a meeting. The High Sheriff refused, and gave certain reasons for such refusal. A meeting was therefore held without big aid, and certain resolutions were passed. The persons assembled were respectable, and their remit:. tioas constitutional. Now, it was highly probable that this Sheriff would, if the Bill now under discus sion had been in force, have thought it his duty to disperse that meeting; and might have argued on the same grounds as he had stated in his answer to the requisition—that the doctrines there maintained brought. the Government into hatred and contempt. The Noble Lord's construction of the clause was ,Liberail; but would.a Court of Justice construe it in Tie same way ? The Learned Gentleman knew very well that the Court would look merely to the lan-' gunge of the Statute, and would not refer Co the' speech of any Gentleman of that House for its pro per interpretation. As to the words " Government mad Constitution," as it seemed to beackptitted that they meant the same thing, one of them would be sufficient. The ATTORNEY-GENERAL supported the construction laid down by Lord Castlereagh, and ob served, with respect to the suggestion of Mr. Wynn, that doubtless persons might be held to bail for a se ditious notice ; yet as the Meeting might, notwith standing, be held, it was fit that a power should be lodged with a Magistrate to watch over and check its proceedings. After a few words from Mr. Serjeant Btsv and Lord CASTLZRZAOII, the clause was carried ; the amendment for leaving out the words "and Govern. Wig" being negatived ; as also an amendment by Mr. W. SMITH for substituting the words" Iwo or more Justices," instead of " one or more Justices." On the readies of the next clause, for apprehend lag prams who offended ma before described, Sir S . ItosuLta proposed to leave out this clause altogether: hi a ' r isked to know how the Learned Gentleman wbo had paid so much attention to this Act, • ' • MI.. _ ' could explain the operation of this clause. Dreadful penalties Attached to persons not dispersing, or who obstructed the arrest of auy person by the Magistrate. Now, if it should turn out that the Magistrate had acted wrong, had arrested a person for no sufficient cause, would this error of the Magistrate bet good plea for a rrson who shoutl be tried for obstructing, or for not dispersing? Or i.:ould the penalties still re-1 main, and thus be made to depend on the bare opinion of a Msg is!ra e, and that, possibly, an erroneous one ? The ATTORNEY-GENERAL conceived that the clause was sufficiently 'explicit. If a man should make any treasonable proposition, he was to be seized, and not otherwise ; if the meeting adopted the trea son by obstructing the arrest of such,n person, it was to be dispersed. and not otherwise. The SOLICITOR-GENERAL aid,' that a Ma. gistrate would by this clause have the power which he possessed in every other case, with this difference, that he would act on what he heard as well as on what he saw. He was in the legal predicament of a , Constable or Magistrate, acting " upon the view." He was also responsible for any abuse or misapplica tion of his power. The Learned Gentleman con cluded his few observations by apologizing to the House fine detaining them. • Sir SAMUEL ROMILLY thought no apology to the Committee necessary, in a question ,p 1 suck ex treme importance, is which the lives of many of the King's most loyal subjects were involved. The clause before the Committee pretended to give certain pri vileges to assemblies convened by seven householders; but under the construction now put upon it, he had not the least difficulty in asserting, that it would be tar better that the clause should be expunged, since some officious Magistrates might only make it a pie. tenet for denouncing the most raceahle and consti tutional Meetings, and arresting all those who took part in the discussion—(Hear, hear ) The clause, as at present framed and. , stood, was rather to oc casion tint and confusion than to prevent sedition and rebellion. The most important rights might be invaded, if it were not amended. Suppose, for in stance, at an assembly legally convened, a gentleman should state, that it was a mockery upon the Consii• tut;on that Old Saturn should have as many repre• E- , tatives as Westminster, some Justices of the Peace might think that, as by the law and constitution Old Sarum was allowed that privilege, it was illegal and seeliti , us to assert that it was a mockery, and the re. suit might be the dispersion of the Meeting. The whole representation of Scotland was in his (Sir Sa muel Romitly's) *pinion, no less a mockery ; and yet it hat iyin;it were stated out of doors, any Magis trate night step in with his constables, arrest the in divi,2ual, and dissolve the Meeting. This pretended privilege, on the signature of seven householders, was nothing more or less than an allurement to mischief. Mr. &sneer supported the clause, and,Sir M. W. Rinhar s opposed it. Mr. Setjeant BEST contended, that the object the clause heti in view was not the mere words spoken, but tl►e intention with which they were uttered. Sir SAMUEL ROMILLY observed, that it would indeed be giving a wide discretion to a coon y Magistrate, It he were required to judge not only ot the tendency of the words actually delivered, but of the secret intention ot the party : if so, however innocent might be the language ot any man, his mo , tive was to be judged by a review of his previous po litical conduct throagh life : and it, u►►luckily, it did not happen to please the Magistrate, he might imme diately throw him into prison. (Bear, hear.) Lord CASTLEREAGH said, that no power was here given that a Magistrate did not enjoy on other occations t he was to exercise nothing more than his ordinary functions under this Bill. Sir SAMUEL ROMILLY.—If what the Noble Lcrd asserted were true, the clause and the Bill were completely useless. The Committee then divided—For the clause 43 Against it 16—Majority 27. The next clause upon which any discussion arose was that in•which places for lectures or debates were declared disorderly utiles' licensed. Sir SAMUEL ROMILLY proposed to leave out the words--." and on any subject whatever :" by which lectures upon chymistry, astronomy, anatomy, or any other science, would be prevented. Sir JAMES MACKINTOSH suggested, that the insertion of the words—" and on .any subject what ever connected with the Government aadConstitution, as by law established," would remedy the defect. Mr. Serjeant BEST thought it better, that parti cular institutions, devoted solely to Scientific pur. suits should be excepted afterwards, but that ,the clause should be general. Sir S. ROMILLY reprobated the indignity offered to Science by putting it on a level with ale-houses and' gin-shops, by requiring that places for its promotion should be licensed these new licenses might in time be as much abused as those granted to publicans. Lord CASTLEREAGH said, that nothing could be more unl►kely than that this Act should be used for the purpose of disturbing lectures on scientific subjects, or any others unconnected with political subjects. Sir M. W. RIDLEY objected to the clause as it stood. The question was then put, and the clause agreed le. Sir JAMES MACKINTOSH objected to the clause, excepting Gresham College from the ntressity tit a license, as not being su ffi ciently genera l. H e proposed the exception of the Professors of the East India College. He wished to add to the clause words to exempt *many Lectures established by Royal Char ter or Act of Parliament, for the purposes of Learn ing, Science, and the Arts." Sir J. C. HIPPISLEY proposed as Amendment to that of Sir J. Maikintosh, for the purpose of in cluding the Royal Institution, on account of the re spectability of that Institution. He afterwards with drew it, on the explanation that all incorporated or chartered Institutions were included. Sir JAMES MACKINTOSH's Amendment was oltimattly negatived. T.he Honourable and Learned Gentleman ten said, he really felt ashamed of the clause which specifically alluded to the Spenceans. The ATTORNEY -GENERAL assured the He-. nourable and Learned Gentleman, that if be knew as much as he did of these wretched lunatics, he would forego his objection. They had many admirers, and not a few proselytes, and were giving lectures three t emcee week, inculcating the destruction bfall property. ' A few verbal alterations were agreed to in soma the subseqpent clauses. *- : • Mf. FOSTER proposed a aeon termite it parti. cularty understood that the um should in no case apply to Ireland. After some brief observations from Lord CASTLE. REACH and Mr. WYNNE ' Mr. Fos-me WAS satisfied with the-wording of the Bill as it stood. _ _ The SOLICI'T'OR-GENERAL introduced a clause excluding Societies of Quakers, and all reli gions and charitable Societies. He also proposed ano ther clause to give the Attorney• General or Lord Advocate the power of stopping proceedings, or re mitting fines and fotfeitures. These were agreed to. Mr. WYNNE proposed a clause of indemnity for persons suffering any damage or injury from rioters, by rendering tie hundred liable.—Agreed to. Sir M. W. RIDLEY gave notice that he should move an amendment to the prea•uble in the future stage of the Bill., as he could not allow such a pream ble to stand on the Statute Book. • The Amendments being agreed to, the Report was ordered to be received this day. • Mr. 11. MARTIN moved for leave to bring in a Bill to facili tate the proceeding''in the Fq.lity Sui•s of the Court of Exche quer. The 11111 being brought in, was read a first, and ordered to be read a second time on Monday neat.--#22tirned. THE EVENING STAR. LONDON. TUESDAY, MARCH 11, 1817. PRICE OF STOCK 4 THIS DAY AT TV/FINE O'CLOCK t Reduced shut—Cons. money, 641 i—for Account, 70 4 per Cent. shut--S per Cent. Navy, ton Exchequer Ells 44. 151. pr.—lndia Bonds 39 46 pr. The propriety of stopping Distillation from Corn, especially in Ireland, was again brought into discus sion last night in the House of Commons, in conse quence of Petitions being presented praying for their suspension. No new arguments were adduced either tiro Or con. - The question of Protecting Dottier was again alluded to. We were happy to hear the CHANCELLOR of the Excuti ‘ uen declare that it was'not the intention of his Majesty's Government to propose any additional Duties on foreign Butter imported; but we would have been still better pleased to hav:: heard that it was determined to take off the duties alre4dy im posed. It is petfectly disgusting to Lear the selfish declamations of folly on this important topic. some of the advocates for protecting duties betray the mast lamentable ignorance cf the fundsmental prin. ciplts of political economy. A slight discussion on the Army Estimates brought forward some pertinent remarks on the value of our Yeomanry, as op efficient and constitutional force for the internal safety and protection of the country. Its importance will become more and more manifest in proportion as the necessity of frugality shall force itself on the attention of Parliament. Where can a better, a more efficient, or a cheaper defence be found than in our Yeomanry ? So high an opinion have we of its value that we cannot but lament that any kind of frippery, or even the neceuity of a uniform, should load the individuals with an unnecessary per sonal expense tif even a single shallot. Coats of all' colours should be admitted. • • • It it reported that Lord &RIM= is on his way to Paris, to concert With OK Duke of WELLINGTON the measures which he is to take in the present postere of affairs between the Spanish and Portuguese Go. vermaests. It would appear that some difference exists, either about delivering up Olivenza, or about the expedition to Monte Video. We have before in formed our Readers that all British Officers, attached to the Portuguese corps, have been (gritted to join their Regiments. Neither the Government nor East India Company have received any official accounts respecting the Embassy to China. An American vessel, which sailed from Canton on the `'2lst of November, and is bound to Amsterdam, has arrived in the Downs, and states that Lord AllliallST had been imprisoned by the Chinese ; and that the principal Minister had suf fered death, the victim of the intrigues of the party ininticol to the Embassy. But the American having a cargo to dispose of in Holland, has, let it be re collected, an interest in propagating the belief of a rupture between this country and China. From the Dalin Evening Pod, received this morn ing, we learn, that in consequence of the depreda• tions recently committed on boats conveying provi sions by the Grind Canal to Dublin, the Loon Lico- TINANT has ordered military parties to be stationed at short distances from each other along the whole line, aid escorts to accompany the boats. Ditintr-LAZE..-The new Tragedy of Manuel was repeated last night, aed.soase alteritions which were judiciously made in it since its . .first.sepresentution, contributed_exceedingly to improve its effect. The actors acquitted themselves with very -great effects particularly Mr. Ras, whose exertions, as De Zeler, were frequently and most deservedly applauded.... The play was given out for repetition this evening, without a single dissentient COVIENT-OARDIEN.-_Last night Mr. BOOTH played Nitharel the Third, not only without the slightest op position, but much to the satisfactiron'uf a most mime rous company, by whom it was - highly applauded. THE EvAessts.---Yesterday, the two Evanses, fa ther and son, were convey& from the House of Cor rection, Coltibath-fields, to the Secretary of State's Office for the Home Department, where they under went separate examinations before Viscount Sur MOUTH, the ATTORWIT and SOLICITOR-GENERALS, the Under Secretary of &ate, Sit NATHANIEL CONANT, &c. They were not allowed to see each other, or to have any communication. They were recommitted. FlRS.—Sunday storming, about sae o'clock, a fire broke out at the DuP inn, In Biskepegstortreet y whin!' In a short time con sented the whole ()t i the back preinises of ;bat extensive and va. battle kfldlog, before any, aivistaisee could b e p rocure d. A hone lumpy ihfestanatelly perished la the Imes. One or two bones • were aim boost. ARRESTS AT MANCHESTER. Accounts, we understand, have this wsr+ning been received in town of the arrest rf sercrsl pl.non. At Manchester. suspected of High Tr •as ".7r. BAKU, one of the Police Mattistr;t”, and a King's Messenger, had been sent down with the warr.utu on Friday last. DUTCH MAILS. • Three mails arrived this morning. The followitt is a summary of their contents : • BRUSSELS, Fk:ERUARY The contingent of British tr , ops remainint the Army of Occupation is 24.000, of which number one•fifth is cavalry; but in order to lessen the ex pease as much as possible, a large proportion of Staff and superior Officers is about to he recalled. The works which are to form the line of defence along the Maese from Namur to Maestricht, are car. rying on with great activity. MARCH 1.-I'he proportion of English troops going home is already in motion towards the coast. I)ivi sions of artillery, officers of different ranks, and mili. tary bureaux, are daily passing to embark for Dover. Above 1300 of the Prost.tatt troops are alread•, gone home. The corps which are to follow must ail have departed by the 10th of April. Letters horn Col stow .nople, of the 15th February. ann G unce that M., Von Rosenfeld, who had attracted universal attention by the iliocolotinn of the plague, after having happily passed thirty-eight days in the Lazaretto witlicut any accident, was attacked by disorder nn the thirty-ninth doy, and on ti: fortieth fell a victim to his humanity. The Continental Papers are full of i.ccounts of the terrible erects of a thunder storm, in the nit ht at the 15th February, which extended all through Ho l datd and for into Germany. A great many steeples sets struck, and some set rn 6re and entirely buret. Great distress is apprehended from the contincl rise of the waters in several of the Continental r ive:s. NAVAL INTELLIGENCE. FALMOU I H, MARCH Arrived the Duke of Kent packet, with a Mail, from Lisboa, in seven days ; and Salem, Swbxcr, tram Dartmouth.--Wind W. N. W. PORTSMOU 111, MARCH io. . . Arrived the Samuel. OItFET, from St. Michae's— Sailed tl.e Burton, JAMES, for London ; Wmerilo, Cots, for Jimaica; Creole, Mawr's, for St. Michael' , ; and his Majest)'s ship CYIII.IS, for Cot k.—. Wind. W. nEAL, MARCH 13. Arrived the Vigilance, SCKOWELS, from Zante, fcr Hull ; Prince Regent, knosits, from 11,ircelena, icr Hull : and Perseverance. DEusErr, from Trieste, for Hamburgh. The rem ainder of the outward•bo'ird sailed this afternoon with a light breeze at North. HARWICH, MARCH 9. Arrived the Lord Nelson And CastlereJgh packet!, from Holland, %id) Mails.—Wind West. MARGATE, MARCH tu. The Grace, SMITH, was supplied this morning with an anchor and cable. The Cornwall and Hun. gerford East indiamen have sailed for the River. PABSTOW, MARCH 7. The William, of Philadelphia, from Salem bound to Havre Je Grace, with cotton and tobacco, is now off this harbour, 7.:,1 makes some water. A pilot has been put on hnard from ti's place, and will proceed with, her round land. She has been 0.. t twenty-six days. CUSTOM-HOUSE, MARCH 10. SKIPS IN TIRED OU TWA RDs.--T:ur Sophia, Duuglaqi, for Ma deira and Teneriffe ; Vittoria, Smith, for Rotterdam ; JuteFli a:.ct Mary, Nesbitt, fer Halifax and St. John's (New Crun.w;ck; lame.' Berridge, M.Niece, for Limerick ; Lose:, Pert, for rt.,. tigna ; Albiut , Patie, for Sierra Leone; and the Plince Reg.: Benson, fur Lisbon. GRAVESEND, MARCH in. Arrived the Two Brothers, Butiman, from Balboa; Swall o w, Ford, from Oporto; Isabela, Osborne, from Lisbon. Sailed the Rose Taggart, and Waterloo, Birch, for India ; Worts, f or Rio Janeiro; Shannon, Jolly, for Pertiarn%tiro;J , :ha Bake,, Anlaby, for Leghorn; Fountain, Mills, fur lial - ..!):..E14; and arcissos, Hutton, for Elsineur. The Crown, Hurt.on, of HuU, for I.tith, wit% ! , arlty, was struck by a heavy sea on the 3d instant, off the Fen, I,iaud•, an I bunk. The crew wire tared by the Corunna, which Fut Laic to Sbltlds on the Sib. ?ALLURE OF THE 500 MILES MATCH. Lieutenant YA N Dail. lost ►is math at three o'clock on S:o• day, through lameness. He wa, :o do 500 miles In ten days. He did no on Saturday and he kr•.oched up 1111 SO111(14y, after performing tiehieen mike. lie over•rzerted himself at Me beginning, having trequently done .even mike within the hour. STATEMENT OF 1 HE ODDS ON DERBY , OAKS, &c.—Nlnaeu 10. 111 R RY. Taken-71 to I apt. e. by Orville, Gat of Mom4etifla. Taken-1i to 1 agst. Gazelle, by Sorcerer. al to 1 apt. lit - other to Crispin. 11 to 1 apt. D. of Rutland's c. Selma 14 to 1 apt. Brother to Smolensko. 17 to 1 agst. Merrymaker. 20 to 1 agst. D. of Grafton's Waterko. OAK i. 7 to 1 apt. Mr. Watonn's f. by Cer.antes. 9 to l apt. Mr. Blake, Fein..s. 10 to 1 asst. Tric trac, by Dick Andrews. Taken—l 3 to I apt. Sister to Sir Joshua. 1S to 1 apt. Mr. Lake's f. by Rubins. 9.n00 GUINEA STAKES. 4 to 1 agst. D. of Rutland's c by Selira 5 to I agst Brother to Crirpi, 5 to 1 apt. Brother to Smulemlo. HUNTING. The Prince Regent's stag-bound,; meet on Frday at Maisirn • bead Thicket, at eleven. The Hatfield Hounds meet on Saturday at Holsvell Park. Mr. Conyees 1 - loun -Is meet on Friday, at Toby Woods ; and on Saturday at Matching Green. Lord Althorpes Hounds meet on Thursday at Alth..rp. Mr. Pelham a Hounds meet on Wednesday, at Haughran - . 1 Farm ; Friday, at Berwick Gates. The Hantbledon Hounds meet on Wednesday, at Basing Para Friday, at Hambledon, at ten o'clack each day. The Hampshire }founds meet on Fritky at Rookies' Pon I : and on Saturday, at Eldou Farm, at ten each i.ay. /Kr. Meynell's Fox !Inuit& meet on Weettestdav Longfo:d; Saturday. at Bagoes ?ark, each morning at half. past ten. The Worcestershire Fox Hounds meet on Wednesday, ar likr ley Village- Friday, at Walsal Wood; Monday 17th, at BreJaa Hill; Wednesday 19th, Stsrawley Village; itiday Wens. ley Wood. . - The Quorndon Hounds tueet to-morrow at Tl.runtpton Thursday at Six Hills ; Saturday at Bra.l.ord Park ; half PM 10. M - 71TVI Lately, at Han, Jobe Conolly, Esq. to Eliza, tallest &Otter of the late Captain Sir John Collins, R.N. DIED On 110ars.lay, the 6th Instant, at his house, Maize Hill, Gros wieh. the Chevalier Anil' ade, Consul General of his We,: e t King of Portugal, Enid, and Akira's. On the 7th instant, Frederick itartlins, Esq. son of the !a2c Wilkens Rawlins F.sq of 'Albin. . I.okDair kiitte.l - by Lam. KANT, Yicket•Y...n; Published ado, and at the Stsr.Olce, Tasetie-bar•