Star. — London, England, 1817-06-26 00:00:00

ATTORNEY GENERAL rose to appose • ,tion,becaue the. Lenard GeLslensan had laid e ntis for the production of thisoago. Besides, „ y,:►te unequal to call kr the production of any •.one.: id by the Crown for the opinion of itb of,i„ rs . Unless Pailiarnentary grounds were the House ought nor to ricdatethe confidence ;fen the consul - ter and the consulted. Nothing iteluce him to violate that confidence, whether .7 opinion was asked by public Ministers or I; :vidn:.ls. He denied that the Law Officers of ;. own !lad done soy thing more than the Hon. -iced Gentleman would have done had he f those Officers.. They gieen a legal n when asked far it—if erroneorisly they de d contempt ; but they were sworn tisgiee ;heir i. In honestly s . apcl those *were' moth deceived 0:on ; .:1,t that conzenient •Opinions'.'ifeire•etrer . hear.) • As for liimself..he !triter felt on giving what was his conscientious (Hear, kilo.) To lene thihg he had Shade . end, and it it pleased GOD he would adhere t ,, that was to give_an honest, conscientious, "ohiassei opinion, when inked for it. (Hear dr.' think this point of law was, as had been !. doubtful ; for no person had ever yet - stood d to dispute in a Court of Justice, that a war- ont t •r ppreheticliag a mai; before indictment, for ~;,,!; ; ng a libel, wag illegal. The opinion of Lord ! m e t is, that a Justice of Peace bad the power to g „rt v. wants to apprehend persons, bef o re indict. 171: . •, .::.used of offeeces winch might be tried at „. e ()it; t:..r sessions; and no one could doubt that ~ to at Quarter Sessions could try for libels. ;!!•:: Lond that opinion confirmed by Subsequent .1.14; In every case of . 115preliete:fon .of persons' Se , :retary of State's warrant, bail can oily :-ived by ajdagistrate ; and' be confessed Pat Is At a loss to understand how a.Magistrate to bail for an offence, and not.to taus a for the same offence. The doctrine of Lord to.d.n, in the case of Rex v. Wilkes, was, that the :,.:wary of State could not do what a Justice of the k. Jr.: could do; for although si Secretary of State t i ht apprehend for treason, he could not for a libel, %orb the Justice could E inaesituch as all libels tended t' , excite the persons libelled to commit breaches of the peace. In support of this doctrine, he quoted nveral cases, in which persons were committed or !:iht to bail for publishing libels. There were in , evicts of writs of Habeas Corpus farina. issued to bring up persons so apprehended to be bailed ; but yu instance of Gee writ being issued to fri.the lega lity of the arrest for publishing libels: Such also was the opinion of the present Lord Chancellor, and Liril Chief Justice of the Court of King's Bench.— h the Magistrates bad not the power, how could p-ions hawking about the most blasPheinowi.libels lee ,:finished ? Unless more sufficient grounds bad kt:a laid _for the production of this Paper, he Was cuovinced the House would not accede to the motion of the Honourable and Learned Gentleman. Sir WILLIAM BURROUGHS contended that there war no power given to Justices of Peace to conttnit persons for blasphemous publications, eithee before or alter indictment. In support of that opi. Dion, .quoted the opinions .of many text writerle eipecially a passage' in I..ird Hale, where he says, "that whether a Justice of Peace could bind over a person far a peaat offence below indictment? seemed to bealoubtlul." He had inquired of many Learned Gentlemen it they bad known of indictments for blasphemoni publiiathins. at the Sessions? and Of lad invariably Slid, they bad-ooes Lord.Corud* .aid it venulA nisi only be absurd, but illegal, td held any man to bail for printing and publi:foing libels. There was nothing 4404 of the text-writers which could warrant this unconstitutional construction of the law. There was no power by any Statute given to Justices of Peace to art en persons for blasphemy. When the Secretary of State required the exertion of such powers . by Magistrates, he was guilty of the rosiest breach of the liberties of the subject. Mr. H. ADDINGTON trusted no one in the House would attribute to his Noble relation the in. nutios of wilfully violating the law. Lord Sidmoutb relied entirely on the able legal assistance be had de rived frpm the Law Officers of the Crown. The duties the Secretary of State had to perform; had been arduous, and required great attention; and anon other duties, he had found it necessary to re press. the alarming circulation -of these seditious and blasphemous public a tions te n ding . to disturb the, rinds of the lower o r de rs . In Consequence o f repre- ! natation; of most respectable iudividoals throughout the country, the advice of the Secretisy of State Wes required as to puttipg down this spirit of disturbance. In consequence of that representation his Noble Rela tion consulted the Law Officers of the . Crown, and when he had ascertained from them what the Law ue the subject was, he thought it his duty to com tatnicate it to th e Magistrates throughout the coun try. He trusted the House would be satisfied with that explanation. Mr. COURTENAY—With respect to the conduct of the Noble Secretary of State, no one would ial pte to himalther than a desire to act uprightly ; but min, he conceived, he would have discharged his duty better, it he he'd advised the Magistrates to act from their own judgment, and not have. transmitted them any opinion at all. He should vote for the motion. S:r CHARLES fdONCK condemned the practice of inflaeticing the jurisdiction of the Magistracy, by isslling the Crown Officers' opinions. As well might. they propose to direct the Judges of the esseral Courts, and influence their conduct. Sir FRANCIS BURDETT contended that it was the law of the land that no person should be impri. toned unless by undergoing an examination, and this P'is particularly necessary in the-case of libel, which vas not recognized in former times. With respect tot e rib s intormations the danger was great, for the iafortner was * to swear to a fact which could only be decided upon by a Jury, under the direction of the ledge. How could any man undertake to swear What was or was not libel? In a recent case this had ed when the person charged was ''acquitted. Fro" person he should have a . Petitidn . t'? present tor: ise, which, from the intempciat. SW O f th e ' ',. would contain matter irripurgnitigthe coo duct re ills Lordship. AttornepGenceals WtrelikelY to woke.: at with jealousy by the subjec apt . the land. 'Lls not rt little singular that the Solicitor General "'" r come to the aid of his Learned Friend. lbs ilieuce furnished a strong argument against the doe th2e ul the Ati.ciacy-General. WAS it ht, he would asi, that th:. Zecretary of 34:e . - .!iould be allowed to demand and promulgate tile 'the Law Officers' opi nion in opposition to the true constitutional mode of acting. The House ought to demand from the Se cretary of State the grounds upon which the Attor ney-General formed his opinion. He had acted ..'no fairly by that Officer, in laying that opinion before I the public, stripped of its grounds. The SOLICI TOR-GENERAL maintained that the opinion of the Law Officers was sound ; nor had he heard any argument* to convince bib mind that the ptoceediogs of the Secretary of State were either illegal or unconstitutional. In the time of Wilkes it ' was coktended, that the Secretary of State had no power olcommittini, but that the Magistrates had : now it.iwits insisted that they had not. The Hon. and s Uattied. Gentleman cited a variety of authorities •froitiktliisikins, and other Crown Lawyers, to shew tlia(ljbekikas cognizable by Magistrates, because if tendril Lo a bicitCh of the peace. He referred to the 'speech of the Noble Lord (Grey), in illustration of Iris argtiment; but was called to order by Mr. C. WYNNE, who submitted that it was not, decorous to refer to any thing which had passed in another place. Tile SOLICITOR-GENERAL apologis%l, and proceeded to support his op nion, with other autho rities from the Bts, ks, contending that there was no. thing in the LAW of Übel to distinguish it from any other misiemeanour. Toe power of cqinniittal for libel was undoubted. With respect to libel, it was cog nizsble by Justices at Session, Who had authority to commit, it it tended to - a breach of the peace. Mr. WYNN—There was no doubt in his mind, that Magistrates had the power to commit for libel. 'He agreed, however, that the Secretary of State ought io have done what be did on his own responsibility, and not on the opinion of the Attorney and Solicitor General.—On the whole, he should vote against the motion. Sir SAMUEL KOMILLY, in reply, animad verted upon the indifference which Ministers had manifested towards the Constitution, by declining to say a single word on the unconstitutional part of the question. He insisted that it was always the prac tice to give the case with the opinion, as indeed it was impassible to understand the opinion without it. He should certainly take the sense of the House on the first Resolution, but the law question he consi dered of infinitely less importance. The instructiop given by the Secretary of State to Magistrates in the present Inst.soce, differed materially from the priticiple of Proclamations, which were only issued to call upon Magid/tura to enforce the existing law,but never went so far as to declare the opinion dl GOverornent upon that law. Whatever authority latices had in this case, was derived front either the statute or the commission. By referring to the cases upon this head, it would be found their authority stood on most questionable grounds. But how could the circular of Lord Sid mouth recommend, in times like these, when poor people are shut out from almost all other means of procuring an honest livelihood, the etoorcement of that clause in the Hawkers' and Pedlars' Act, against persoosselliog about the country publications, which might puzzle the country Magistrate as to its exact meaning and import ? He did not mean to take the sense of the House generally on the Resolutions; but he did not think Parliament, although it might pass to the other orders asf the day, would so far for get its character in the eyes of the employ, as to put a direct negative upon the first resolution. 'fbe Motion was then put, and negatived. • He dienivoreod his two thweitusens, ea athielstbiaiiass divided. On toe first—Ayes, 410—Noes !ST—Maks:by, lOC Tbe second Resolution war negatived: without a *whilst). Tie Centralise* on tbe• Habeas Corpus Suspension /iii was powponed ell tomorrow (this day). Tbe other Orders of the Day were disposed of, and the Howe adjourned at Ha!tiast One o'Clock. THE EVENING STAR. LO N DON. THURSDAY, AWE 26. 1817. MICE OF STOCKS THIS DAY AT TWELVE O'CLOCK I Reduced 741--Consols shot—Console for Opg. Tuff 4 per Cent. 94 95—Navy, sbet.—Bank Long Ann& 19i India Hoods 91pre.—Itacts. Bills 94. IS& pr. Alt.%ough the Navy Five per Cetus. are for the present dosed, _prep:a - wiry to the payment of the Dividend., mach speculation' le indulged in this Sleek for the time of the first Treader. In the House of Commons, last night, Sir SASIVIZ ROMILLY made his promised Motion for the produc tion of the Case aa which the Law Officers of the Crown had given the opinion promulgated by the cekbrated Circular of Lord Sontourrt—that the Magistrates of Counties are vested with a power of committing or holding persons to bail for selling or publishing Seditious Libels. After a learned dis cussion, in which Ministers were, unexpectedly, sup ported by Mr. C. Wynn, who concurred in the opi nion that Magistrates do pouess this power of corn mittAl, the Motion was negatived without a division. Sir &sum then, in reference to the Circular of this, Si/CRETAIIIT of STATt, moved, as a Resolution—that it was prejutfieial to the due administration of justice for a Minister of tha Crown to interfere with the con duct .of Magistrates, 6y instructing them bow they ought to administer the Laws.—But this also was negatived by a majority of 157 to 49. Two important measures for bettering the condi tion of Mankind, were last night brought before Par— liament—Mr. Wit.saarnacis promised motion for putting down, by some vigorous measures, the abo minable traffic in Slaves, which is still carried on under the Flags of Spain and Portugal, and a Bill, introduced by Mr. BUYETT, for putting an end to the employment of Children in Sweeping Chimnies. A. Petition against this Bill was pie:sewed in the course of the evening, in which the iSweeping of Chidsnies by Machinery is said to be Impracticable : t his .is . ‘pon the scientific ate hi'lirhich we live : as well might the Petitioners pray for the revival of die cruel practice of our ancestors, who turned the kitchen spit by means - of that useful ani mal the tied, oa. the ground that all our modern macllifiery f supplying his place *ail —ThE adatocates fer Dili. liktiitietell iii bath in and out of Parliament.` are gadded to the Warmest acknowledgments of their countrymen ; they have made head for many years against popular prejudice, and not a few secret combinations, with wonderful perseverance. They have at len z oh proved the su periority of the Machinery .-er tfa feeble hands of the diseased and languid chimney-sweeper's appren. tice ; and all the remaining objections and prejudices against them are now, we trust, to be repressed by that uniform conqueror of ignoran:e and prejudice— a British Act of Parliament. Parliament. it is expected, will rise in about a fort- night. The 10th of next month is at present the time looked to At which the business of the Session will be concluded. The Paris Papers of Monday arrived this mor ning, but are whuliy barren of intelligence. Accounts from Bahia, dated 25th of April, have reached town. They mention that a vessel three days before had arrived there, after a short passage from Pernambuco, but without any material news. The blockade continued. A British vessel, supposed to be the Venus, of London, had twice made an at tempt to enter the port of Pernambuco, and as many times been warned off by Crrnmodore RUFINO, of tle Carrasco. She, however, made a third at.empt at tsi:•ht, and was again cauglit. when she was taken possession of, and proved to have 400 barrels of gun powder on board. .l'his is an early speculation, un less the Brazil Revolution was in some way or other anticipated in Europe ! SOUTH AMERICAN PRIVATEERS. Letters from Curac la, of the middle of April, an nounce, that the Pirates, who use . the flag of the In. .surgents to commit piracies; are pursued by Bortv.ta, and that he has already caused one of Oleic Pirates to be hanged, who had attacked a vessel belonging to the Netherlands. BOLIVAR wishes not to •give neutral nations any cause of discontent. A Spanish vessel, taken on the territory of the Netherlands, has for this sole reason escaped all insult. The Insurgent privateer Is Indio Lilre had rakers a Spanish vessel coming from Carthagena, and on the representation of Captain COERZEN, commanding the Netherlands brig of war the Daphne, the said ship has been set at . liberty. The crews of the Insurgents wished to oppose its release, but Admiral BRION enforced tie express prohibition of molesting the subjects of his M.ijesty the KING of Ilse NPTIIrRLANDS. BOLIVAR 16 still master of Comana, and of a part of Venezuela ; but it is not yet certain that he has made himself ' master of the Citadel of Comma, or that be has arrived at Caraccas. The Nestor, THRAKER, from Calcutta, arrived off Dungeness 231 instant.; she left that place the 12th February, and St. Helena lit M ; she spoke on the Rh instant, in lat. 5.58. N. long. 23. W. a River iikate privateer, having for his colours a blue and white striped flag, said he was cruizing after Spa. niards, was full of men and well armed. On the 17th instant the Nestor spoke the Albeiria for Madeira, the Cape, and Bombay, the Lizard bearing N. E. by E. E. 22 leagues. We have received some additional files of Ameri can Papers to the ?6th of May. To one of them w•e find a remarkable advertisement from the Navy Boa: d iti Washington. It is for proposals for supplying the machinery for three Steam Batteries, each to be equal to a 120. horse power, to be completed in one year. A Montreal Paper observes, that the new impost on American Manufactures ind Produce has ex i )ired,. but the old, duty on Salt, and three-Once per pound on Tobacco, continues. American Flour and other P►oiuce is now admissible at Montreal; and Ameri can Boats may be brought in and sold there, wittuut ditty, ai American Manufactures. The Duke of CL ARP.NCf, we ate happy to shy, was yesterday somewhat recovered from his severe iadispositiorb. Yesterday morning the Duke of CI.OVCESTER went to visit the Princess cLIARLOTTS and Prince LitoPoron at Camelford-house. Soon after three o'clock the Princess and Prince went in their carriage to C•rlton house, where they remained till five with the PLUNGE. REGENT. From Carlton-house her Royal Highness and his Serene Higlinesi proceeded to York house, on a visit to the Duchess. The Princess and Prince re mained there about an hour, and then returned to .C.stvielford-house to dinner. ' Yesterday, about two o'clock. the Princess Au entimt arrived at the Qucen's Palace from Windsor, in be present at the Qussu's Drawing-room. Soon after; her Royal Highness. accompanied by the Prin. CM ELIZABETH. went to visit the Duchess of Gt.ou- CUTER, at Gloucester-house. DION/TY SUSTAISED —Madame Du STAEL. when in Lnndou, received an invitation to the Panics Raceter's. His Royal Highness, who is peculiarly distinguished by that condescending affability which inspires Confidence without diminishing respect, took her by the hand and conducted her about the apart _ment. Alto he had paid her many compliments on the extraordinary genius displayed in her 'works. he invited her to breakfast with him on the iollowiligi morning.. Madame DO STAFG, forgetting the dif ference of rank- between herself and the illustrious per- I soilage who was speaking to her, excused herself on I the ground ot-40 prior engagement. The PIUNCr e justly offended at%such an answer, gently loosened her hand 'and retired, leaving the haughty female quite confounded ! ! She perceived, too Lite, the error she had committed, and that the honour of an invitation from the ruler of agreatempire is worth per chasing at the price of an excuse to one of his subjects ! I lATPLltdiehtßi A Spattich brig; prize to the lktontettittia ptyrateiS ail hied at Ensinada 28!h March, and two other Sp.,a nish brigs which the Iscnnt.:znala captured Off Cape St. Vinc.mt's in November, at rived in the River Plate the end nt Match. Monday sennight, one of the filhing boats at Ait %ins upset by a squall, and three men who wtte board were drowned. rAl.mouni, JUNE 2 t Sailed the Francis rrethng paclut, with a Mai)) for the Leeward I , lauds--Wmd v.triable. PORTSMOUTH, JUNE 25. Arrived the Trent transport, from Cork. JUNE es. Came down from the River the Northumbrian, Bengal ; Montr ea l, f or Q ize h ec; Ed war d Barton, to r BaliinThre ; Vivilatit, 14.4p1es ; Area, for Jai maica ; and the Nimrod. for the South Seas. t.ivrru JUNE 24. Arrived al? Alimwell, Born!, from Buenos Ally:. sailed 31st blarrli; on Ist June, in lat. 32. 10.1ong. 39. 10. spoke a Hamburph brii from the Cape of Good Hope for Ihoborgh, ont 65 days t she had berm ploodere,f n 1 her provisions by a Portnyttle46 seinoner from Attica, but was altcr stlppbed by a brig from Liverpool. suNr Arrived the Triton, Legg, from Mend ; T4artil, II irris, and Irlockenfiekl, ~curt, from Jam.ira ; For. Vs'illiam, trom C:•ntins. ;lie I.alarila, Mann, for I:Iv/ant:A gi r m•,;libm unt-sly. Won: dick!, Csk.ii • !lupe, EtoektGa. for nonkirl: ; !lorry, Is:Art.3i, Einnor, Willian:s4 f it..ittertinoi; and - sierustlizo, Bakker, for Amsterdam. CUSTOM-HOUSE, JUNE 25. Slur; r surr rn I: , W4RD!.-714e lilheroir, 'Thomas; and Mary, 11.141.11; from Waterford; Eslt, Forrett, frnm Narva; iftickirittirld, Scott, front Jamaica; Waterloo, Chandler, Irons firrti;•.isen,; Ann, Scott, f, cam F.ti•tting; Fort Will:at:1 1 hms, from Larson ; Goige,Arle, Iron; (Aeutta; Andrews, Fut ; Johanna Fooder, Thorson, froni Norway; and the Triton, from v.-Aao , .—The Sarah, 13e11, for Antwerp ; Friend;, wards, fur C•atk ; Y.iivtoni fur Rouen; Condward, IrTham; Chance, Minter; Rost-, Garden ; and Robert and Aru a ito Rotterdam; Wullington, Sedgivir.k, for CAA Tuesday se'nnight, at twenty minutes past ones P. M. a multi cli ck of an earthquake was felt by se veral persons in Invernei:s and its neighbourhood. Monday ff 111;arn Cangttl, Forrittis Walton, and Mob Watson, were broupht before the High Court of Jus ticiary et Etlinheirg!), accused of using, utteritg, of vending, forged notes of the Bank of England. The prisoners pleaded Guilty, and Were sentenced to four.; teen years transportation. Ws. Hots., the . wife of the Artist who was im prisoned under the Suspension Act, was, we under stand, delivered on Triesitiy last of a boy. Her eu rourbement took place five slily' alter her husband's hl eration from Cold Bath-fields Prison, and the last is twelfth c h ild , e i g h t of whom are still living. An elegant fancy dress bill was given on Tuesday evening at A I.MACK'S, on the same plan as the one given in Paris, by the Duke of Wet.i.txtamt. The ballionnia were m , -gnitieently fitted lip, and were most brilliantly illuminated with alabaster figures, hearing blancher. of lights. A profusion of hot-house plant* were placed round the rooms, the floors were tastefully chalked. The Pitistca RECENT arrived about two o'clock. His Royal Highness was dressed in a. full Field Marshal's suit, and we are hippy to state, looked extremely well, and appeared highly pleased with the. gay scene ; he left a little before tour. The Duke of Wetunorow arrived nearly at the same 'time as ttie,Pittere ; his Crime wore his Field-Marshal's dress and his different Orders... There were five sets of quadrilles, the Ladies in each set wore dresses alike ; the merry dance was kept up till nearly six o'clock ; the tositememble was the grandest entertainment given for several years past. The company present were about 500, including most of the Nobility of rank and fashion in towns At the celebration of the Battle of Waterloo at Binssels. the Hereditary Prince of ChtitNnE presented a glass of wine to a subaltern Officer of the Carabi 'leers, a native of Liege, who, he observed, wore an Order. Asking him wfiether he obtained it for his conduct at Waterloo ?.—ss Yes, my Prince," repl'ed he. " Hew old are you ?"—" Twenty years."-.- 4. you were only erp,lneen at that time: you are very yiatng."—" One is , never too young to do his duty." Lord EattiNrrivN has published an Address to the Freeholders of Devon, in which his Lordship states, that he has resigned his sect in the House of Com mons on account of a political difference with those to whom-his was indebted for that sear. • Some workmen, employed by Mr. Hicattmovrast e of ILitcliffi..on-Soar, to empty a large pool, about t'iree weeks ago, cliscov.r.,e, in a complete state of preservation, the skeletons of no less than fortpone horses and two stare, which i is to tjectured W. e thrown in during the tin.r of ()Liven Cnorawrtt, at tradition states that at one period of the Civil Wars Ratcliffe Church was occupied as a barrack fOr the disabled • horses of his cavalry, aid that this pool served as a mausoleum for such as died there.. Tuesday sennight a child fell acid, :rally foto the river, °pp°. site the blew bailey. Manchester. Maar persons nntuessed flat accident, and a general alarm will excited: ten or a dozen peewits instantly climbed the rating, and made to the water's edge, but none dared to venture into the river, which in this situui on i s ember deep. The child by this tim e had plunged and I:niggled u soar distance from the sale, and at last disappeared. At this moment a labouring matt, emplu)ed at the New Bailey Primo, ham. ned to pass on his return to labour trom dinner, anti threw bim.elf into the river (rein the rock morn which the child had fake . Thc child re-appeared in the rives; the was seised it In his left hand, and swam with it to the eide, and delivered it sae to *penult on the ruck, to the great ni every spectator, and then proceeded a d )- t r: distance down the ricer te to' a 1, convenient plate, where lie Linded safety.—A Gentleman pre. mace is sect collected from ut,,. to tot this poor man. Li v ixpoot, J VNE 24.—Tb ere .h as been no arr ivals in this port from the United States, since the 19th instant. Oa Monday there we, upwards ofohoteyl.oitlnne. dred sail of Atnerican vessels in this port, eje of which had arrived from the United States within the short period ot seventeen days, from the 2,1 to Ithe 19th of the present month. The imports during t h a t period amount to 120,000 barrels of fluor ; bags of wheat ; 1,258 quarters of wheat; 31 barrels of w h eat . 1,660 ,oercea. of rice ; 13,8 48 b ales of cotton ; 2;4) hogsheads of tob acc o r 3.997 barrels o f turpentine; - 2,719 ditto tars 1,265 barrels of ashes ; and 61 bags ot 'cheeps' wool. Fl...ur is considerably lower, 755. to 765. per barrel. Cottnit, during the last week, improved, owing to the great demand at Market.—Ashes are rather lower—and Turpentine somewhat higher.—Carolina Rice has 'oren sulul , by public sale, at 465. f)d. for good.