The National Register. — London, England, 1822-07-22 00:00:00

1r 0 fact, obliged - .hy, honourable, .. learned gentleman to leave town, to chastise the vaunting bully—why, we supposed that the HOW° would have asserted its dii,mity, and supported its reputa tion for consistency, by committing the offenders to Newgate ; but no--.the Speaker was directed to in form the man who had thus insulted the privileges of the House of Commons, and who had impudently avowed his contempt of them, when weighed against his. opinion o(what was due to the justification of his• mighty self, " that the House did not see it re quisite to pursue the matter further"—after this-we hope to hear no more of "breach of privilege,"— the very term ought, for the credit of the House of Commons, to be buried in oblivion. It may be well, in quitting the subject, however, to point out, that in the present instance the party offended against is on the Opposition side of the House, while the of fenders are the parasitical minions of Administration —" circumstances alter cases"—" ce fait beaucoup de difference." We would attract the attention of our readers to a copy of letter, which we insert to-day—it is from Daniel O'Connell, Esq. to the Marquis of Wellesley, and is dated on the day preceding that on which the Catholics of Ireland are insulted, the Protest ants degraded--the expressed wishes of hid Ma jest) contemned, and set at nought, and all this under the tacit approbation of the King's repre sentative. Let it not be said, that the Viee-roy has no power—that " he is there to administer, and not to make the laws"—to Ireland such a plea can never be fairly applied, while the present blarquis of Londonderry possesses the retentive powers of his mind—because when he used to be in attendance in. the Castle-yard, such ridiculous de licacy as the study of legal atom', was never al lowed to intervene between the views of the then Government, and the persecuted victims uf its " promptitude—in England such a plea would be laughed at, by-those who remember the Sermons of Sir R. Birnie. on the enormity of hissing the King, when his Ministers' acts had made him unpopular— by what statute, we demand, has a man been held to bail for groaning as the royal carriage passes? has it not been because the sapient Knight chose to hold it likely to lead to a breach of the peace, and yet the Marquis of Wellesley's apathy is justified by the enemies of conciliation, under the assertion that the enormities of the Orangemen had not been de clared illegal by any statute. We regret to learn that a high dignitary of the Church has been charged with an offence at which human nature shudders—we forbear to name him, but we fear the facts will be too substantially proved to permit a continuance of secrecy. A private letter from the Bahama !glands, of the 4th of June, states, that upwards of 100 negroes, belonging to Mr. Stubbs of the island of Grand Caicos, had risen upon their drivers, and seized all the vessels in the harbour, afterwards embarking with their wives and children, for the neighbouring island of Hayti or St. Domingo, from whence they were not likely to be recovered; upwards of seventy negroes belonging to a plantation at the island of Lamm, had in consequence of their owner having purchased a plantation near Matanzas, in thedsland of Cuba, gene. on board an American vessel, and were carried to the new plantation of their owner, whose cue they were extremely rejoiced to be again tinder. An examination of the circumstances had taken place at Nassau, and the owners of the slaves had been prosecuted by a bill of indictment preferred to the Grand Jury by the Attorney-General of the Bahama Islands, but it was not supposed the owner auld wake his appearance again in that quarter. - T 1 HERTFORD' JOLT 18.—The Home Circuit CONS• menoed here tis4lay before Lotd Chief Baron Richards on the civil side, and the Hon. Mr. Justice Park on she crown side. In the cause list there ate 14 cases entered for trial. The criminal calendar contains 17 commit inents,few of which are cases of any cuornti ty. CIVIL SIDE. 1100R6 V. TISHER AND ANOTHER. This was an action of assault and false imprisonment. The defendants pleaded—Fat, The general issue, Not Guilty—and Yd, 'I hey justified the alleged false imprid somnetit, for that the plaintiff was guilty of rio:ous con. duct, and therefore it becalm necessary to charge hint in custody of one of the defendants, a constable. Nit. Marryat (with whom was Mr. Chitty), stated the plaintiff's case. The plaintiffwas an itinerant provision merchant, who hawked bacon, butler, and groceries, about the country in a cart. l'ite defendant Fisher was a country shopkeeper dealing in the same ailicles, and carrying on business at Stansted, in this cottoty,.and it seemed had taken offence at the obtrusion of the plaintiff into that town, who presumed to sell hie commodities at a lower price. Its the month of February last the parties met at a public-house in Stansted, wheff souse altercation-ensued, and there wassnotual abuse, the first provocation beinx given, as was alleged, by Fisher, the defendant. The plaintiff threatened to shoot the defen dap?, but it did not appear that he was possessed of any installment calculated to carry such a threat into execu tion. A constable (the other defentlan.) was however sent for, and the plaintiff was forthwith put into the cage, where he was kept for the night, and liberated moat Morning, before the case was sub mi tted to a magistrate. These were the general features of the case. Mr. Sergeant Laws (with whom was Mr. ‘Valford), conducted the defendants case, and called witnesses in support of the plea of justification, for the purpose of shewing that the plainaiff's conduct was so turbulent as to require the interposition of a constable, and the conse quent imprisonment. The contradictory evidence. went to the Jury under the leartmd.Judge's directions, and they found a seater for the plaintiff—Dain.vaes 51., specially declaring that each party was to pay his own costs. '1'1)19 was the only case worth mentioning. In the Crown Court the business was wholly destitute of public interest. W ESTERN CIRCUIT. txtuasTEß, J uLY 27.—Last night the Judges sp• pointed for this circuit, Sir J. Burrough and Sir J. Ri chardson, arrited in this town. The Common Jury causes were tried In-day. LAYTON 0. NORVAL Sergeant Pell said, tuts was an action brought by the plaintifrto recover damages for the injury which he had sustained, by his having been forced to quit his lodgings by the defendant, and it was a cause in which lie did not doubt but that aSethi lesson would be Kiveit to the keepers of the lodging-houses at the watering•pl ices.— Tile plaiiMti is a clergyman, a magistrate, and a Married man, who souse time since, in consequence of the illness of his lady, went for the benefit of the air and sea-bathing. to Southampton, where, in an evil hour, he took ludg 'tugs at the imise of the defendant, a tradesman in that town, at a rent of loot. per animus. • here he -resided with his faintly in quietness, until it vas armed neces sary by the defendant to repair and paint the house, when, as Mrs. Layitm's beahu was too delicate to bear the effects of new paint, the plaintiff went over with her to the Isle. of Wight, but the defendant, who did not wish at dial time to lore such lodgers, engaged to let them the apartments for one whole year otter their re turn, which took place on the 4th of July following. Soon after this, one of the loyal Dukes visited Smith atupton,. and the defendwit, perhaps couceiving that lie could get a higher price for his newly-embellished lodg ings than lie had agreed nu, or that it would be to his advantage to get red of It a lodger, cot iiiii etteed a series of attacks upon the Outwit', tor the purpose of obliging him to god, and adopted a fide of conduct towatds loin • which no language could adequately describe. The de tendatit's first attack was by taking off tile knocker of the street door, which obliged all visitors to hammer with their fists fur adtuittauee--•ran intolerable insult to one in the bruit of receiviaig si.iia front persons of•rank. 'fuse defendant hollowed this up by cottons off-all the bells, and Mls. Layton was subjected to iltetulgar deii siou of the defendant's household, on hearing her jerk the loose wire witen atteinving to ring lot her servant. Ile et en went so far as to refuse the admission of the plaintiff's coals, which could only be got into the house by means of a constable. lit successively deprived the family of all necessary conveniences, acid succeeded, by a series of i,iaulty and annoyances, in giving the plaintiff Irom the lud;;,ings, and it was for the injury sustained ui consequence that the latter now soodut to recover da mages. must be aware how much the delicate health of a lady must be injoreAl by her hat tug been kept in a continual state of fever, by such insults and annoy ances; but the plaintiff only asked Im such temperate damages as, with the colts, would make toe driendant sensinte that such conduct could nut be repeated with imuunity. The plaintiff's son was•calleJ, anti he proved the prin cipal facts of the annoyances; toe iact of their la k ing oil the knocker, cutting away the bells, witereby Mrs. Lay ton was obliged, when taken ill, to c. II up the sertintiS from the. botionsof the house, and also upon the slightest occasion, to call and bawl from the top to the bonom of the house, before any attendance could be obtained.— The stair-carpet and the tirtor-cloth were also taken up, and by a serks of attacks of this nature, the plaintiff was obliged to take atioater lodgnig at an advanced rate of 1401. per annum, the rent of toot in question having been tool. ne physician who had attended on Nlrs. Layton, Slated, that that lady had been greatly doom' back in her health by the treatment which she had received, and _ _.z.. t 39. the witness advised, for her safety, that she shonkt be removed to other lodgings. • - - - Mr. Adam, on behalf of the defendant, acid that the removal of that noisy annotincer of company the knocker. • was really a thing of winch a- sick lady ought not to complain, neither ought the plaintiff to have been angry that, in the doe-days, the carpe been taken up, and that he had a clean washed floor to walk upon instead. The Jury should apportion the damages to the incon veniences sustained, and that was too trifling to be worth mention, much less to be made the ground of an action like the present, for the only thing which deserved to tie at all considered as an inconvenience was the removalef ' the hells. They ought not to take into account the ad ditional price paid for the lodgings, which , the plaintiff was obliged to procure after his removal, as these bulg ing& had the advantage of being situated in the most fashionable part of the town. Justice Itursough, in charging the Jury, raid, that nothing could justify conduct so gross as that of the defendant to a gentleimin of the rank of the plaintifl, nor could any one be allowed to get rid of a lodger by such means when lie might think he could gtt a higher price from another person. The Jury returned a verdict for the plaintiff—Da mages, 601. • COURT OF CHANCERY.—(Ssita DAY.) The Court was occupied nearly the whole of the day by an application for an injunction to restrain the successors of Forsyth and Co., the origins! patentees of the percussion gun-lock, from manufacturing an improvement of it, for which improvement' a patent had been obtained by the applicant. It appeared that the on patent having been granted in April, 11107, expired on theiumne day, 1621—subsequently to which the improve ment, which enabled the possessor to clean the lock without danger or difficulty, was protected by a patent. The improve ment was alleged to have been infringed by Forsyth's sum resshr. and the injunction was consequently applied for. The Lord Chancellor at length gave his judgment, by which the defen dants arc to keep an account of ,all they make or sell, and dm plaintiff is forthwith to bring his action atlaw to try the qusaticia. • Letters from Santiago de Chili of the II th March, • received by way of Buenos Ayres, state that Ge neral San Martin. - embarked on the • 7th of Fe bruary for Guayaquil, to hold a conference with-- General Bolivar. Troops had left Callao by sea fur Arequipa to attack La Serna, who had retired on Cuzco. In Chili all was tranquil. The predatory chief l3enavides had been taken prisoner and exe euted. Some troops were about to embark to take possession of the island of Chao.. The exportation • of wheat had been prohibited, on account or the • failure of the crops. Letters dated the sth of June were received from ' Havannah, which mention the arrival ot intelligence from Vera Cruz, that Ccrtend Iturbide, the chief leader of the revolution of Mexico, had, by a decree been elected Emperor of that country, by a plurality of votes in Congress. This, it is well known ' has been his aim for some time, and his plan was fury prepared by the ascendancy he had gained over the troops. The Congreis commenced their deliberation on this curious topic the moment they , were 'ludo acquainted with the decree of the Spdoisli Govern ment, disavowing the treaty made' with O'Oonjou. and consequently rejecting the offer of receiving a member of King Ferdinand's family as the future Sovereign of Mexico. This decree considerably strengthened Iturbide's party, which was joined by all those who wersof opinion that a republican form • of government is unsuitable for a country circum stanced as New Spain is, having so many privileged classes, so many titled and rich persons. They were also greatly afraid of anarchy. A circumstance which has lately occurred in _ . Brunswick gives the people of that state additional reason to regret their temporary subjection to tine King of Hanover. M. de Wette, a celebrated.tlie- • °logien of Germany, held a professorship in. a Pints- - sant University at the time Kotzebue was assasinated by Sandi, arid having written a letter to the mother of Sandt (who had been his pupil) he was forced in consequence to resign his situation. The people of the town of Brunswick having the right to elect their own clergy, and entertaining, in common with the rest of their countrymen, the great regard and. esteem fi)r M. de Wette, on the occasion of a large vacancy in one of their churches, chose M. tie Wetto to fill it. Knowing the state of destitution in which he was, and his inability to provide himself with what his establishment would demand, with a spirit and feeling which ultras the highest honour on them, they determined to furnish his house and sup ply him with whatever else might be necessary •to enable him to appear among them in such a manner • as his station rendered necessary, and a general con tribution was immediately begun, in which slate gave money, others such articles as they could spare, • and in which all, from the highest to the lowe'st, eagerly participated. To their great astonishment, however, when ull this was done, an interdict wits issued by the Government, which refused to ratify the election of M. de Wette. Fortunately for bin', be received immediately afterwards a call to one of the churches of Berne, in Switzerland. The mean and vindictive spirit displayed on this occasion has, however, excited a very indignant feeling through out the north of Germany. • immoiAlmosima..... 2 ••••••••.••••■■"" a breach et privileges/4 tiour minds it was one of the mostitts i f a man assert of the How'most, at embers are weak, cesot. trijory can be don . everit4 lll . , and we are sure that by she assertion,Most would not be de- graded taiipv its proper level in the estimation of anyte.mo whtfhas been accustomed to cootemplate 110:tnut character; but when a man dares publicly to usa terms to a Member, under which no gentle. man can possibly sit down—such terns as had, in fact, obliged the worthy, honourable, and learned IE NATIONAL ItAGISTIL %Nip 3lntrUttnut. HOME. CIRCUIT. ~~ I