Star. — London, England, 1810-01-23 00:00:00

issix ILEL4TIA. i gof several respectable Freeholders Ofthe n;:ineetfili'ssex, in the interest of Mr. BURGOYNE, ---- k ;l r a Coe. ye sterday , (I EO Perens was expected to attend, in order r ; k - e - t h74air, but was prevented by a severe cold. on then arose who should take the ' Chair,r dis c u ssi on WILLIAM SMITH and• Mr. BRAND having refused f or some private reasons. Mr. HOLT WHITS e as at l e ngth placed in t h e Chair, though he °b jetted for seme times upon the ground of his not being a resident freeholder. gr. BURGOYNE then roses and declared the grounds pmt w hich he called for t he su pp ort of the Count y . e observed, that if it was of the last importance that iteforin should take place in Parliament, it must a matter of infinite consequence that the Repre -ntation should be as pure as the present system ould admit of He said, that though he would not tied to any party, yet that—as that excellent matt 1:-. Fox expressed it—he might in small matters give d e aliole tea ,Heftiend order to avoid giving up every in' o e to an eneniy.-- then proceeded to give thetn n account of the state of the County of Essex as to,' s Representation: • Perhaps they might remembeie e contest between Luther and Conyers, and dui ; ebate which took place respecting a gaol and other . alters . The Whigaiiiiis' auceessful-Lbut a come , tom i s e. was agreed ifpotr, by *fah the Tories were to b. , a ll ow ed a iiernher, prnirided • they consented that the gaol should telarilt hi the situation in which 'tat present stood: Hey/lift& hardly be believed When e stated this, but the proofs were in the hands of le Proprietor of the Chelmsford per; iftd any one 'ght satisfy himself on that subject. The practice as since that titre to return a Whig, when the Whig e mber died or resigned, and a Tory when the Tory ember died or resigned. • The parties therefore cre presenicl, and not the freeholders. This gave freeholders an opporttmity of asserting their - rights d independence. • 'H* next- stated that he had at .. d the Whi tiseethig at Chelmsford, where it • objected to him -by Is , lr. Western, of whom he .ke in terms of the highest respect, that he was a party man. He was asked, whether he would 'der support at present as. a pledge of future sup '. ? and he aeseiered " No." He was then asked - er he would give by his pretensions after the -.. t Parliament ? a questions which he considered .improper—as it intimated that he might be pre ' d upon to be a mere stock or tool. He could accept the support of that Meeting upon these s. Mr. B. then stated his views of Parliamentary ~. If he should be returned, he did not mean to that he would, on every occasion; stand alone, l'ng with a whip-cord like an idiot:. He would . hold of the rope, in company with the party ' adopted his view of the good of the country. ~ he would give up principle to no party. He 011,1, he confessed, if he had been in Parliardent, ve voted generally as Mr. Western had done—but • inly not always. Mr. W. opposed the Income I as when it was 6* per cent. and he would have op. ,rsefi it when it was raised by the Whig party to 10 i r cent. He knew perfectly well the necessity of ~ : reds, but he would have opposed this unequal and, , ppressive tax, particularly because of its heavy pres ure on the country interest. Mr: B. next openly 'tared, eiat he would be at• ests expense. He was et afßueva, and could 'nOt, in justice tb his family, . at the expellee of a contesued election.. He stood onward to serta the freeholders, and they ought to v ay the chari ; es, be considering himself as tinder no i rsonal obligation to them on that account. Another reason why a Cindidate.should not be. at any expence was, that he would then be deprived of every pre tence for considerins his situation as a property which he had bought, am, ',vhich he was therefore at liberty tomake the most of for his own private advantage. Mr. B. then called, the particular attention of the , leeting to the point of his sinecure place of. £l3OO vicar, the possession of which, in the • opinions of many, might be considered as a ground of objection. He had this when . a boy, and had dons no public ..ty to deserve it. If he were to go to Mr. Perceval '.1 . , and throw his . patent in his face, it might be said that this was a bribe to gain the county. But he pledged himself if he was retuned, during the tor second session, to move foi the abolition of aeciires—not meaning, however; to be rigid as tii trilling ones Of XlO5 or X2OO *a -year, where the tibsistence of families might depend upon them. If -did not succeed itf fEat object, then he pledged illnii-IF either to resign his . •Oern .place or his seat in Krliarnent, because - he 'aid not think it proper that tit er.unty should be repeeeented by a sinecure place /rm. He hoped that with this they would be satis fied. He iied tinfortiliatelss observed in Essex; as 'ffell aria other coieties..an apsthy ainong the mid-1 ding and loWer claeses, as to political matters. This, l''' land, to be in a great =Wee owing to their , havi ng been often left in the lurch when their highest' eet:eniam.shad been called fang: He pledged himself ?!1:Irm to b e iodepenclor4 and -newer ae.' 'abandon "rn; and he appealed to his character as • their secu-; - rity. ft rested with themselves-to re-eStabka their in; de pendence. If one bad the purse of Crasus, .19.,000 frteholders could not be *corrupted. Eiertion alone teat necessary in order to - secure success. Mr. WILLIAM Smiett then made a few observa tions. On the subjett of party, he remarked, that `rhea a certain description of men acted in a body ;Tartest the people, he had always Conceited that the public cause would be best served by the friends of " people acting in a body. • He had. therefore at tached himself to a party ; but he did not concelv that a party man, was obliged to give up his own pii satiudgment cottpletely to Isis patty. He had act d upon his own view of the subject, and "when he thought that a different line of conduct 'from that Purrued by his party was Matt for the public advert ti,l.gei he had neve r Failed .to vote 'according to the . eaves of his con sc ience. He wash nbt present at the Whit Meeting, of which he appeared to admit that .. „ . 2. °lneyne had some reason to complain. With i tSPeCt to Mr. Western, he knew not how he voted ti' the question of the raising - of the Income Tax to r t , ; n per cent.; but on all great questions, as far as he I , ecrsed, Mr. Western had maintained a steady in 'l"Pendence ' and the people had not a firmer friend '' him. With the experience which he had.of Mr. , -ern, he,had no hesitation to say, that if he stood . 3 rveard, he would supporctim in preference to Mr. L- rgoTne, his privateframdshipfor both being, he pre sJuicd, unquestionable. Dui in a contest between Mr. sad Mr. twgikogill ilwgi nee e tidy ths dared themselves, he would support Mr. b‘riliy6e and, indeed, in suck a case, the Whigs could not for a moment, in consistency With their own principles, hesitate to Inipport Mr. Burgoyne . Of Mr. Houblon he knew nothing more than that he was a very re spectable private character, and, he believed, a man of political integrity, for he would not deny this to many of the Tory party. ' That I they acted from pre- judice he had no doubt; but there might be an honest prejudice. Mr. Houblon, however, was the candi date of the Tory party, and that party he wished, for the sake of his country, to see utterly overthrown: — Mr. Smith then complimented Mr: Burgoyne upon the manly manner in which he had stated beforehand that he would be at no expence; thereby giving the freeholders distinctly to understand the terms upon which he required their support. But he expressed I himself by no means sanguine as to a successful result. No doubt the great body of the freeholders of the county of Essex was capable of supporting its own ifidepentle nce. But he very much doubted whe ther there was sufficient public spirit among them to be true to their own cause. If, however, a proper opportunity could at present be given them to. make the experiment, he th&hght it a highly desirable. thing. Mr. Smith then adverted tb the obligations of landlord and tenant, as to the vote's of the latter.— Nobody could be More persuaded of the necessity and advantages of the dependence of one rank upon alio ther than he was ; but at the same time lie wan' no less persuaded that' the connection of landlcird'Aud tenant ought not to be that of tyrant and slave. The landlord was no doubt perfectly justified in asking for the votes of , his tenant for his ti lend. If the tenant was indifferent as to a hich of the candidates' should be chiAen, or if he thought that the landlord was the best judge on that subject, it was perfectly proper that he should gi4re his vote as hit landlord desired. But if the tenant had formed a decided opinion of his . own, it was tyranny in the landlord to ask him to vote con trary. to it. Mr. Smith then said,, that he thought himself bound to declare, that he did not think that the holding of a sinethre place, under the pledge given, was a reasonable objection to Mr. Borgor Many other respectable persons acted independently, notwithstanding their holding such places ; and be thought it unreasonable that a sacrifice should be, in the first instance, required froth Mr. Burgoyne, that was not required from others under similar circum stances. Mr. BURGOYNE observed, that the distinction be tween himself and his friend, as to party, appeared to be a distinction without a difference. Certainly he would vote with the Whig party when he thought them in the right. On the great questions about to, come before Parliament they must be united. An awful inquiry must take place ; and he would, if re turned, unquestionably promote it as far as h 0 could. He by no means gave in to the despondency of his friend, but maintained that there was a fair prospect of success. Mr. BRAND, on the subject of party, seemed to concur in the ideas of Mr. Smith. He likewise was doubtful of the' success of Mr. Burgoyne, upon his principle of beitlg at no expence. He himself had attempted this in a most independent county, that of Cambridge,-but without success. But, however, this would perhaps sheer what degree of Independence , ,there was in Essex, and in that view the experiment was valuable. Mr. Braiid then moved a resolution, • that a Committee be appointed to canvass the Fret holders resident in London ; and a Freeholder pro posed, that a subscription should be opened to defray the unavoidable expences—all which was agreed to. Mr; Budo s ovue proposed, that the pledges as to his sinecure should be embodied into a Resolution, which Mr. Smith agreed to., But the Chairman suggested, that it would be better to avoid any thing which might have the appearance of approving of sinecure places, and the idea was abandoned. The CHAIRMAN objected to some things which the Whig party had done when in power ; and said, that the public ought to have a pledge from them before it supported thbm, that they would promote Reform in Parliament, the removal of the German Troops; &c. The Meeting having passed the Resolution and ap pointed a Committee; separated. Other Meetings, for the same object, were held at Cheltrfsford and Colchester. The following Extract from the Deblin Eveishig Post, merits the particular attention of the public : 4‘ DUBLIN, JANUARY 25. " in oe' lag we mentioned briefly; that the question of the Veto was !ihely to be once more slim - ed ; we have since learned from rebpectiole authority, the following particelats :—The Ca tholic Laity of England having resolved, even in oppodtibn to their Clergy, to .make id offer of the Veto to hii Majesty, are stated tohave concerted measured for that purpoie with certain Members of Parliament, erlio hive hitherto advocated the jot t ice and necessity of an unconditional emancipation of our Roman Catholic feltew-subjects. Another circumstance; which we hive from authority equally creditable, is, that an English Baronet, a Member .of the House of Commons; hds prepared d Bill to be introduced into Parliament next Session, making it imperadie on the Roman Catholic Bishops, under a Severe penalty; whenever a vacancy occurs, to return to the office of the Secretary of State a list of tatididatesi from which any objectionable person is to be struck out; and the vacancy to be filled by one of the approted candidates._ ,On the conduct of the English Catholics we have only to ol?serve,-that as Englishmen their feelings and their views are at variance with those of the Irish peoples they may; if they please, surrender the right of their church, and give up the last remnant of an independent mind, but convinced are we, that die Roman Catholics of .this country will never accept of emancipa tion du terms so humiliating and disgraceful. Our countrymen have for ages, with a manliness and nobility of nature, suffered eerseution for conscience sake, and we do not nowexpect to see them • mike an inglorious sacrifice of that conscience, even for total ematierpation--on the contrary, we have reason to believe, and sufficient authoritt to state " that they would rather see all " the penalliws reenacted, than procure emancipation at such a price.". A general meeting of 'bantam Catholics,toconsidet this hibject, is to be held in this city'on Midday next, when it is thought an addition to their petition and a strong remonstrance will be adopted. On the subject of the Veto, there was last night a Meetintin Francis-Street Chapels of the Catholic Clergt and Parishioners of that Parish, when they resolved to write to Mr. Grattan, apd to conveneii another Meeting for Friday—and a Requisition was iged, calling on all the Catholic Clergy of Ditblin td meet on , Tuesday. Count WORONZOW has had the misfortune to diski cate his shoulder. The Count was on a visit to his son , in-law, the Earl of PIDABROICIt. at Wilton, and met with the accident by his foot slipping in descend ing a flight of stairs ; be is, howevier, fast recovering. A.few days since three valuable horses were stolen out of the fields belonging to Mr. DALurr, at Lower 4 Mertoni in Surrey. ~iU r~+~ ' t. '' 7° i.ati v hfriligiifiel ' 1 Coolir .OF Moll DSNCH, SO. Si , wours AND WOINMA . ?N IL rosniannut. • .. t This was ,in action tos recover ia•• . 16 2s, 6d. principal end commission, due to the I)Wntiffs, who are merchants in the City. This case was remarka bly complicated, but the leading circumstances were as follow: i n i Some time the year /k a s, Mr. Tanner, ship builder at Dartmouth, whO hid a Government Con tract for building small vessels of War ' applied ,to Mr. Workman, one of the plaintiffs, to find out for hint a respectable house in London that would un dertake the agency of his bills, and suffer him to draw on them at intervals, to an amount not exceed • tng £lO,OOO. For this the agents were.tojeeeive R 5 per cent on the advances, and RI per cent.. commis lion.. . l on all transaction& It was estimated that at this rate, from the large sum to be fiegociated, the com rnissitm would amount to at least inoo per annum, kvhich sum was howevef to be paid, in all events, to the agents for their trouble. Those terms were offer ed to several houses in succession, and declined.— They were at length taken fie Workman. Id a short time, the plaintiffs, ending that Tanner's bills °au- I pied all their floating cash, borrowed 82000 front Tomlinson at the legal interest. This Icon gradually amounted to 16000. Tannerq affairs becoming de sperate, it was proposed by Workman that Tomlin son should advance £4OOO additional; and that for this loan of 4Z1b,000, he should receive 8 4 5 per cent. interest, with a moiety of Tanner's profits iinsthe con tract, gitiounting to £5 per cent. more, and £lOO per annum; Commission to be paid by Workman for his trouble. A died of partnership to this efflott was drawn up, and witnessed by Workman. ~. SOme time after, 'Tntnlinson intending to stand Candidate for a seat- in Parliament, withdrew by a private agreement from hii partnership with Tanner. In 1807, Tanner becoming unequal to his contract with Government, failed, leaving, an unsettled ba lance of the account, amounting to the principal and commission claimed by die action. The plaintiffs now made their demand on Tomlinson, :h Tanner's partner. It was resisted on two grounds ; first, that the deed 'between Tanner and Tomlinson wail usu rious, and therefore not involiing Tomlinson in the consequences of partnership ; and next, that the plaintiffs, demanding an usurious colinnisSion, were not entitled to claim. On the part of the plaintiffs, a nutnbet of witnesses wera called to grove the fairness of the rate . $f com mission, owing to the great intricacy of the fattiness, and smallness of the bills: . Lord ELLENBOROCOU stated the law as it applied to the case.—" The deed of partnership between Tanner and Tomlinson was a+ioUsly usurious, and therefore null. But its weakne4 Could not , invalidate the right of a third party, unacquainted with its pro visions. Workrnan had, however; setn the deed ; it had been drawn up under his inspection: The charge of usury could not come by surprise upon the plain tiffs, for the fear or the feeling of it appeared to have been intorporated with all their ideas on the subject They had even consulted a lawyer to judge of their approach.towards usury. The commission might not e have been intrinsically too great for the trouble ; . yer;l from all the evidence produced, it appeared that the risk encreased the commission ; but this was for the Jury to consider:" The Jury,.after a few minutes consultation, bretight in a verdict for the Defendant, on the , plea of the deeds being usurious, and usurious with the cogni zance of the Plaintiffs, but threw out the plea of usury on the commission. ... /large*, to go- pursuit the strange, only gave cltace for about two,ru)les and a half',-,and €ben was permitted to pursue liec destined voyage. Neither, the Captain nor Lieutenant, however, was called to Prove this latter fact I and Lor.d,g.i.LENnououcn - held, That this was certainly, a deviatipn* froth - . the original voyage sufAcient to. avoid the policy, if the plaintiff (upon whom the caw - lay) could not shevi that he had been compelled to inch de4iation by a snperioi power ; which not being done, the Jury found a verdict for the defendant: • .• . RA;qIALt. V. IYNCfI. This was4n action a charter party, on a vessel from the Canary Islands port of London.— There,were everal points in dispute, but they. all info these two : First, Was the ultimately resoling'. plaintiff entitled to denaniage during the time, hii vessel was detaingd in the London Docks, Waking bpi. a birth and, 2d17, Was the rite Of demurrage spe cified in the charter party, for the tithe the vessel was allowed foi loading. and unloading, to be eskeetned a sufficient rate Ny whieb: to calculate the ifemiirrage for the vessel, during the additional period for which the ownei was deprived of her service: Thi ATTORNEY GENE.RAE argued, that no 'Oki. *as here to blame, but that. the vessel was detained in conseqitence of the stipulation of an Act of Parlia ment which the defendant could not controul or pro-. vide against. j - As well might the.clefendant sue the plaintiff for darnagei, for . not delivering the cargo, as the plaintiff bring thil action against the defendant. r Mr. PARKE resisted this argument, and contended, that the plaintiff was entitled co 'have his Vessel deli hred to hini at the time be stipulated, or to have a coinpensation rot her detention, in proportion to what he could have prceured hid she then been at his dis• posal. Lord Etliinisonotnin held, that in point of law the defendant was bound to restore to the plaintiff his yes• set at the time agreed an. No eitraneous•circum stance connected with the pfivilege of the London Deck Conipant could depriie the plaintiff of his • right. He left it with the Jdry, however to say, at what rate of demurrage. this compensation should be . estimated. lige *ere S 5 days, including Sundays, after the expiration of the days of demurrage allowed itt.the Chlrter party, arid the rate Of demurrage there . allowed v:rds £5 per day, The July, in addition to the Undisputed items, fotind for the Plairitiff—Dar6ges One Htiritlted and Forty-five Pounds 1 being at the rate of pet day fat 29 dayi. • .. THE LAW'S DELAY.-It may possibly be In -the. rectiPection of some- persons still living, that in an' early period of the last.eentury, viz. some eft pare ago, there hired in Ireland a Gentleman nam BUR& TON, who kept a banking-house in Dublin, and ano ther its Clonmel ; whose credit was its. eminent, that it became proverbial in Ireland, wheii, when. the , gbodintin of secuviv was described, .it in usual to say it was 44 is good as Bets Burton's." It happened, however, in the chanter Of Casualties eser attendant on human affairs, that honest BEN Buarcw failed, and his affairs were thrown into the hands of trus tees: a The. glorious asecertainty of the law" rendered this trust an hereditary concern • and for erveetyfour year: the business had been involved in litigation. It was not until the laic' spring that the subject was brought to a final issue in Chancery, when the de• HARRIS V. ROSTON: . . :andante of the first trustees paid to the posterity This teas an action brought by the plaintiffs Messri. of the original creditors their respective dividends Harris and son, corn4actors, to recover from the de- upOn the claims of their forefathers ; which dividends, fendant; by whom they had been employed to sell as the whcle produce of Mr. BURTON'S assets were rape seed for him, the balance of an account current thrown into the funds, had accumulated very consi between the parties, amounting to upwards of four derably ; insomuch that one gentleman, named FlTZ thousand.nine hundred pounds. • PATRICK, the hereditary legatee, for an original sum Mr. PARK stated the case on the part of the plain- of dit979, received as his dividend upwards of 116000. tiffs, which was fully made out In evidence. " Better late than never." . Mr. GARRow, for the defendant, set up the plea of Fzidai nigh t ....ka the shop of Mr . LAYTON, pawnbroker, usury, the plaintiffs having charged fOr their trouble . in ..angour-su.a . „ bona; was brake open and robbed and risk in the 'business, and for the advance of money, two and a half per cent. above the legal in- Of a quantity of rings and jewels. An-alarming fire broke out on Saturday night at a terest for Such advances, whereas the Usual and ac- hOuse called the Grotto, near Stoke, Bucks, which per charge on contracts of this kind was ls. per quarter on the seed purchated or sold. was idhabited by the Rev. Mr: Pynn. The fii%was Several witnesses were adauced to prove the de- occasioned by a servant-maid setting fire to the bed furniture whilst putting a child to bed. Such was the fondant's case. They did not spew , however , t hat rapidity of the flames, that the family had great diffi . there was any uniform rate of charge for such pui chates or sales, but admitted that they varied ftoin I culty in escaping, and the house was burnt to the one shilling per quarter to two shillings per cent. on ground in less than half an hour. Tivo ricks and a the price. barn were also destroyed.. Mr. PARK, in reply, obseried, that the person whom Monday se'nnight a fire broke out at Lower Nut the defendant formerly einployed as his factor, charg- well, near Lympston, Devon, the residence of —.. ed him exactly at the same rate. Smith, Esq. which entirely, destroyed the stabling, Lord ELLESBOROCOH left it with the Jury to con- barns, and the whole of the outhouses; and we are side!' if the charge made by the plaintiffs was grossly sorry to add, that three horses, three cows, and forty. overcharged, when taken as a compensation for the five pigs were burnt. The dwelling-house was for. trouble and risk. incurred by the plaintiffs. If so, tunately preserved. . there •was no tither head to which the overcharge Saturday evefilh, as Mrs. Averoyd of Freeschool. would be referable than that of money advanced, as s treet, Horselydown, aged 80, was warming some rt. applied to which, it must clearly amount to utury, quowher, clothes caught fire, by which she was so being, to the extent of such overcharges, more than dreadfully burnt that she expiied the next day. legal interest. Saturday night, a - widow, residing at No. 9, in , • The Jury, without hesitation, found for the plain: . Queen -street, Oxford-street, having occasion to fetch tiffs—Damages £4900. * some coals from a coal-shed, left her chili alone in JAN: 22. — PHRLPS V . AULWO. ' I the room, and during her short absence the child was This Was an action upon a policy of insurance on 'burnt to death. the ship Anna Margaret, upon a voyage to Iceland An Inquest was yesterday held at the Running. and back to the'port of London.. The ship in ques- I horse, Duke-street, on Mary MarlOw, aged four years, tion was burnt on her homeward voyage, and this ac- Who, in attempting to reach an image from the man. tion was brought against the Underwriters, as for a de-shelf, in the absence of her mother, on Saturday, total loss of ship and cargo. set fire to her clothes, and was so dreadfully burnt The defence was, that the Anna Margaret had de- that she expired in six hours.—Verdict, Accidental la* taking in her cargo, and had sent a number of Death. her hands•on shore to plunder the inhabitants, instead Another Inquest was held on the body of a Miss of keeping them on board tb assist, in taking in the Kisser, aged 18, whose clothes took fire at her uncles cargo, wherein , the delay complained of was occa- house, in Oxford-street, where she was on a visit, from sinned ; and also that she had deviated from her des- Nettlebed, Oxman, on Saturday night, after returning tined voyage, by- going in pursuit of a vessel she sup- ' from the Theatre. Two persons were in the room at pbsed to, be an enemy t and, therefore, Under these the time, but they were too much alarmed to render circumstances, the policy became void. leer any assistance, and she expired in a few hours. In answer to this, the plaintiff contended, that A similar verdict was returned. there was no delay in taking in the cargo, by reason An Inquest *as likewise held at the Chesh7re of the want of hands on board, her Complement being ,Cheese,'Somer's Town, on the body of Mr. Williams only 14, whereas she had 26 hands, 12 of whom were Wild, of that place, who dropped down and instantly sent on shore, not to plunder the inhabitants , but to ' expired ; he appeared in perfect health and spirits a protect the goods on shore from being p illa g ed by ; few minutes he.—Verdict, Died by the Vibration the inhabitants, leaving the full complement of 14 ,of Gob. 4 eviatkiat frf thathOis *W. %Weft . that thii tias jaieeisisoey act, aid there-. fore disi,trt avold ; the..pagip. sokeaptitaillodes and . d. Stewart,. both of hii Majesty', navy, gong io - board with several hands, and compel l ed the, Anna Marta* to 4 o pot** of the strange 0 ... 1