The Statesman. — London, England, 1809-11-09 00:00:00

NAVAL INTELLIGENCE. Pt. v *to r r PI, Vfl V. 7.—Sailed bi. 4 Majesty'? sh;p lieliance. o: 71 get*, for L'Orient. trri.el the stir William Scott Schechter, of this pert. Capt. B fr *f beriffe, with twill& aul wine : this vessel was eh...44h,, tic ill v by a French lugger privateer. trrivr I the I.overieln hrit , teteon, The,. Mason, master, Leo is Ne•:w Yflrk trantri to Tonntig,W. laden with entree. su gar. ke. e4ptereTt floe 1 nu iuit. ne,r Limerick by the French hro 4 privrt.'•r I.c Ch tele4, aid re-captured the 301 b inst. by his W ii?)ts** Chri.tian V 11. of 71 gam. near Ushaal.— Thi. big i.. very leaky. Arrival the. Rector, James, !Vans Temeriffe. Plrteovotrew. Nov. krriverl t!le Growler, Lieut. I r. , .wartn. with It convoy of tr.tosp.irt. feom Li*Son. Thrre tht‘e 'sere urriwali swohnipteot 10 her sailing. toloi taeSeQtre and .urros, of ;I gun, each, for Rar &doer. 4rrisad, tite S4rpediak. Capt. 6:een, from a cruise and Abimaisar... from 'Noah* jet,. 94ikil the Crern., for Pips. lath I F;rm, Lieut. Littit s fi• Gamow, I)erw•e:rt, Capt. Ter•lei, on a cruise; ad tbr Ilserriet, for the Down.. TArrt al the Sprightly cutter, Lieut. Gordon, from Fiesh• Went wt of hartsonr, the Argo. of II gem, Capt. DiAhy. roe West India e•nivoy moat• s wind-bowl. 4 1( %aleOtlT . Nov. S.-- 4rriced Majesty's ships lil - anti (*rodeleer. Sailed Vs Majesty's ships 'Monkey, Arnie, and Cerberu:. on a emit!. Rens:iin in the Beads, the Roebuck, Drake, Calypso, Pan dora, Bemire?, erftisb /Pair caster, and Hasock, with the S;.terUeli atl.l 1.11.4 s ten.lers. A hr,te fleet nfiltip4, ntr,pr.-1 to be part of the Baltic .orv.iy, Noe day. THE COURT Veslertlay. *bent twelve oveloelc, his MAJESTY R. rival t the Q.Jecit'A Palace from Windsor, where Ir was received by the Duke of YORK. loon after two o'clock his MAJESTY held a rrit Levee. The fecluwing bad the honuor of Wog pre -3.3i tett to his MAJWITT flear..Vbitiral Sir Agdaey g-iith, upon hi! promotion. llainoXimcrat ATM, upon his Mire from ICalrheren. Lieut.-Col. D'Areey,of the Royal Engineers, upon his re• ihra from ii,. ("aid n Walcherest. teettavosst•Col. WIWI, or the 56th Regiment, Deputy Ad. Jantir• tiereral, upon nib return fr.,. Wokherrn. Capt. W0r.10%. of the 83th itegiment, Aid-tki-Cansp to Lirat.-General Sir Eyre Calle, upon his rett.in to England. Chat.-Grnend Sir E)rr Come, epos hi. return from the Isiood of Wakheern. V. urea his being appointed 15:vretary of State for 14r War nod Cal total Departm-.lt. His . 'EST T held a Pfiry Council, at whielt. l Jou N :.; tantus SUTTON, the late appointed .I.idge-Atitocal- was introduced, and sworn in a Member, anti to. seat at the Right Honour. Board necorditN. J . tlis MAJ PITY afterwards g_., audience to Mr. PE/KV/At., aod the rest of the Csb;iiet Ministers present. Srt ts,•an4 Mr. SUTTON M tNNEK‘, who laid . • i"jerrr the ;:r-i -reedingi of !Wale Courts The Princess Austit arrived at IVindsor on Tuesday afternoon. She is in a •ery feebbs state, and was obliged to be carried its blankets from the carriage into the Mose of the Pristess of WALLS, Its St. Allea's-aircet, where sir remains, on at.- ' conut of the tranqtrillity of the situation. Ills MASEECY has ordered (he sum of 10001. to he transmitted to the bank of NIMSII. LATOUCUE, In Duhlilt, for the relic/ oflthe prisoners confined for small debts in Irefr tnd. The Cabinet Ministers dined yesterday with the Earl of H teRnaYBY. The Cif aeceLt.on has nppointed Mr. At.exte. nsa, a Master in Chancery, in the room of Mr. Ottn, who has resigned. The nuke of lisavroar has at length started for the Chancellorship of Oxford University. The present Duke of PORTLAND, on coming to Ms tstle and estate has settled, by a rent-charge on his estates, 60001. a.year on his brothers, sisters, aid other near relatives. Several of the hutch Officers taken at Flushing, god who, from his M I.II:STY'S clemency extended to them on the 25th ult. on the occasion of the general Jubilee, were set at liberty, yesterday paid a visit to their countryinen on the Dutch ‘Valk in t h e Royal Exchange. The new LORD MAYOR yesterday attended at &c. &r. and, as usual, sported a new equipage of carriage and harness, which aro fitted up in a rich and splendid style. At a General Assembly of the Academicians, held on Monday IRV, NATHANIEL MERCHANT, Esq. remised his diploma, as Acadomican, and Davin WI LICIT, and Geonox DAWE were elect. ed Associates. A vessel is fitting out, by order of the Diree.. l tors of the Eat India Company, to convey the new Judge, Sir FRANcIS MACNAGIITEN, and Ms family, to nelras. This vessel a ill also take out dispatches and letters. A reduction has taken place in the price of white rag; ; and from the stock in hand, and the considerable import of rags into London, a for.. iher reduction is expected. The following is the Report of a Gentleman veccatly arrived from the Continent-..we think it utterly unworthy of belief. What might ha the nature of this " collopre," we are at a loss to -.-esteprehenti. It must have been a very ext, esor. ftinara dlsessc, which, after an attack of 36 hours, should learc behind it no symptom of indisposition in his face. The truth is, the importance of titis extraordinary man's life is such, that any report of its being in danger most make the grand tour of , Enrope and America, 'ere it can be expected to subside. We have ever thought it inconceirably absurd, and see no reason to vary from that opinion : " it is a pogiilve Cut that the En P5lOll was attacked violently a ith a entities', v. hich tasted :J hours, daring sich time be was in a state of perfect .spur. DVROC f,untl him is this situation ; and immediate steps were taken keep his mainly secret. The nttaryfot of the Generals ware.' his person was fully evinced on this occasion, by the measures of t o...caution they took, in case of his death, to prevent n convulsion. Ile recovered. however, before his dines' had transpired ; and scarce a symptom of tiveared io ha fam • THE sTATEsMAN. ON THEATRItAL L4W. tO THE EDITOR OF fHE STATESMAN. Despotism appears to be making large strfdos id this country : nut the despotism of theCrowa, for (roes that we are secure, both from the Constitu. tion of the country, and the despotism of the Prince; but that petty despotism, which is al. ways ten times more grievous. The meaner the instruments that forge them, the more galling are the shackles ; and this despotism is attempted, not by an actual monarch, bat by a mock monarch— " A pont Player, " That struts and frets hit boar upon the stage, " And then is heard no more." and in its support much false and abominable law hath bean promulgated ; or, to speak with greater precision, many false and abominable positions have ham asserted to be law, which certainly are not. It is whimsical enough to remark, that Certain Magistrates have, in my opinion at least, and 1 trust in the opinion of the Court of King's Bench, which will certainly be taken, and out uf which I cannot say, "God send them a good deli verance," greatly exceeded their authority; and yet it would not always hare been advisable for the person, on whose behalf I conceive the law to have Wen violated, to have called for a strict exe. cution of the legal power of the Justices of the Peace: as, bail such been exerted when:vcr Ac performed in an illegal Theatre, he would have been whipped as a vagrant, and from being so deemed, he is only now protected by the locality of his situation, like the Clients in VOLTAIRE, who are told by their Lairyers, `• If you were on the other side uf yon brook, you would be very great rogues; but here you are very honest men." Nur would it, I believe, be impossible, considering the old tuaxim—"Nulleas tempo: occurrit regi," which is frequeutly acted upon in the criminal law, even new, to treat the gentlemen with a fla gellation ; for if a crime be clearly proved, it mat. ters tint how long since it eau committed. But to consider the legality of the present proceedings, both of the Magistrates and the Managers the first place, it is essential to observe how sedu- Inusly the formidable word Riot has been brought forward on the occasion ; *conduct not unlike that of Aminidab, in Joe Miller..." I will not smite thee (said he to the dog who had offended him), but I a ill give thee a bad name," mid he carted out " mud dog." It is not, however, calling an act a riot that niaketh it stack. The word riot hath, before this time, been often the Che:,al de Bat. faille of many Justices. In the placards issued from duw-it reef , it stands the second word.... Henry Fielding, who was a very good Magistrate, says—" ,By the laws of Englain, abusive words are not punishable by the Magistrate; some Conunis4ioners of the Peace, therefore, when 66 0n... scold !lath applied to them for a warrant against another, (ruin too eager a desire of " doing justice have construed a little harm " less eculdinet into a riot, which is in law 6 ' en I,vtragevtis breach of the peace committed 4 hr several person!, three at least ; nor can a 64 1 , 4 nunitiii:r be guilty of it tinder the word " rioting or flottimt, fur I have seen it spelt " both ways. Thno.an.ls of old women have 64 been Arrested, and put to expense, sometimes si in prison, for a little intemperate use of their ati tou4ues. This practice began to decline iii ig 1725." The Theatres were at Rome ranked atncrapt the necessaries of life, " panem et cir. ceer..es," was the cry of the Roman populace. Nem the raising the price of admission at this time was, as far as in the power of the Proprietors of Coveut.Garden Theatre, adding evil to civil ;! Nut they have, indeed, themselves appointed a :Committee to examine their own accounts, and the Report of that Committee is, as who could doubt it would be, in their favour. Ridiculous in the extreme! Without entering, into the ques. tion of the respectability of the persons who cool. posed that Committee, or whether they are per. sons whose words ought, ur ought not to betaken, to have examined the accounts—to have compared such accounts with the vouchers, and to have in. waived into the authenticity of such, would have taken more days, or perhaps weeks, than they can have bestowed hours on the subject : they have, therefore, in their report, assumed to have per. formed a physical AN OLD BARRISTER. A few da)s ago the " public accuser" of Co. vent. Garden—the Prof4ssor, happened to ho present at a trial for riot and assault. Mr. Barry, the Counsel, seeing that one of the witnesses, a Creole journeyman taylor, from the hack settle. ' mitts between Werdour-street and Silver.street, was a man of vol,:ar habits, in his examination adopted that species of address which appeared to he best suited to his comprehension. 44 Well, " my friend, you were present the whole of the " time, and you oho best tell us how the row began." The men est:rased some surprise at the term, and gravely ' , satiated to declare upon his oath, that he did not understand what the word rove &cant. On this the Frotessur observed to a Gentleman who happened to stand near him, " Why the witness might have said, Mr. Conn. seller, I sift such a blackguard as you, cud can't be expected to know the word rote." Thu Gen. Ocean replied, " I dare say, Sir, the Pro. 66 prictors of Covent-Garden Theatre are by 66 this time pretty well aquaioted with the mean. 66 log of the word rot; slid yon surely will not ' 46 be able to prevail an your delicate consciencr " to 4.111'4 that they arc blackguards t—will you " Sir ?" The Professor turned away with in dignant silence The bust of the Loa frigate, manned with Lieutenant SMITH, a Midshipman, and It 3 seamen, lately went npjthe Charente, to cut out a schoouer, supposing her to be a merchantman ; but iinfor tuuately, the proved to he an armed vessel, full of men, who overpowered the British party, and made them prisoners. Yesterday the Rixottout of LoyelsoN made his report of the convicts capitally convicted at Jus tice Hall, in the Old Bailey, at the September Ses sions, when Oakden, for an unnatural crime, and Sullivan, and his companion, for a rape in the neighbourhood of Poplar, were ordered fur ere ' cution nest Wednesday. - 41 PARODY ON ROLia'S ADDAESS. ENTER K AS ROLL %. " Yet never was the hoer of peril ow, when to cheer ydsa words were so much needed." i'izaeao. My disgraceful associate , ! partners of myopia, taz trewlte, aw my slime! can Jon to 'es words give comfort to sour Inoopilez spirits and heavy hearts I No. Yoe leave jodxed as % l ive, the foulnrst of their wicked toagues. by which (tube bold illtroders would delude you. Your stv:sof heads have com pared, as Elliot. has. the motives is a curse like this, cau IlY~nte their minds and our.. TAev, by ostrar.ge frenzy derv' yea, bawl add edl alittul for the Old Prices: we give thews Ross, sod throated them with imprisonment to 'attain die Now. Thy laugh at thresh they do nut fear; and (WOO Row-street Runners, w beet they hate. ifs e serve Jena CULL,' whom we treat with scorn; mad owe Money is the God whom we adore. Whenc'er they move in anger, they make a dreadful noisy; hene'er they pause in omits, we will de spise Weir friendship. They boost they come to improve our estate, raceways our Wanes, and free us from all foreign aid. Yes I they want to impress liberality on oar minds; bbt no, try are the slaves of passion, avarice, and pride. They offer us their proteetion ; we want no protectors hot those we have already •. They call on us tamely to submit to them, for the desperate chanty of whaething better, which they promise. lie oar plain anwot this: Ova PRICE is /PIZZO AG AIN'T TUE Pstilt.tc VOICE; the Drama's law our fathers gave well bleak; our faith and trua well put io Jews and Gladi ators, for they, no doubt, will try oar sinking fame to raise. Tell the Rioters, and tell than too, we seek no change; and, least of all, era clang; as they would give as. • Messrs. G —h---m, R—d. T—a---d. LAW INTELLIGENCE. • COURT OF KING'S BENCH. Wednesday, November 8. BLACEET T. smmi. Lord ELLEMBOaoucv said, that a case had been delivered to him in a manner perfectly unusual, and it must be struck out of the paper ; it put. ported to be something which had came on at Guildhall, London—an neti9n for money had and received ; and the cue stated it was agreed that a verdict should be given for the Plain. tiff; but there was no name of the Counsel, nor any thing else to denote that it had been pre. pared fur the purpose of taking the opinion of the Court after argument; it was, in short, a mandamus by the Attbrnvy, ti the Judges of the Court of King's Bench, to hear an argument upon a case, of which they had no historical account. The course here taken was so wholly devoid of modesty, that it could not be entertained by the Court. ifis Lordship said be had taken the trouble of looking over his book of nisi print, but he Could find no trace of any sheh case, although there might be such a thing called on at Guildhsll, of which he had taken no note; It was, however, absolutely impossible to suffer such a tuatter as this to stand for argument, or to keep a place fur that purpose; nor could it be uri►ccted that the Judges should afford their diligence in obedience to the mandamus of an atturneg, before the case was pot into its ri t e.: shape ; when put in due form it might be argued ; but not un the unceremonious sentence, "it is agreed that a verdict shall be given for the Plaiutif." Ordered to be struck out. lift ICING V. AllillrF.f.T.. The 11,,riroamcv-Gumauat. stated, that tbis was an iofoßnantion in the nature of quo warranto, calling ots tke ELfeardant to chew by whet autho rity he exercised the privilege of a Burgess of the town of Nottingham, and was tried at the last assizes at Leicester, before Mr. Justice Bailey.— ! Ile was now instructed to more, In arrest of judg. ment, that he could not be arrested upon the ground that the bye law on which the verdict was founded, wag a bad, because unreasonable bye law ; or that if the Court should think the bye law was nut unreasonable, then that the verdict was not supported by the endorsees given at the trial. The Court granted a rule to she, cause. Mr. ilot.LAtso moved for a writ of Habeas Cor. pus to be directed to John Wright, and J. Cum well, commanding them to bring up the body of Thomas Wright, which they were said to have in their custody in London, alter having levied 4501. on his goods at Leeds, in an action brought by Charlotte Currwell, daughterof J. Currwell,who, it was alleg►d, had combined with Jobe, the bru. ther of Thomas Wright, who now is, and at the time of levying the asecetion was, and for some time before had been, deranged in intellect, as appeared by the affidavit of Dr. llurd, physician at Leeds. The Court did not sec any reason, upon the facts, for including Mr. Currwell in this ap plication, but granted the writ against the brother returnable immediately. Mr. GURNEY moved for a writ of Habeas Cur. pns to be directed to the Keeper of his Majesty's county jail of Essex, commanding him to bring up the body of J. Glasough, who stood charged faith felony, stealing a sera hog op the 26th of last month. This ho mood, nut on the affidavit of the Prisoner himself merely, but also of tire other persons, who gave a full account of the time when, place where, and of whom he pur chased this identical sow hogi so that it was possible that he could have committed the felony with which be stood charged. He, therefore, moved for this habeas Corpus for the purpose of the Prisoner being admitted to bail ; and he in., eluded in his motion, that of a certiorari, to bring up, at the same time, the proceedings be. fore the Magistrate by whom the Prisoner No committed ; which the Court granted. A sporeng tradesman has, in various eonmanies, not been ashamed to declare, that he would ra. Cher see his three fine daughters gentlemen's mis tresses than tradesmen's wives. Ilia wishes are, now obtained, u the young ladies have obtained the respectable situations their father desired for them. The 2d Battalion of the 10t1s, 2d Battalion of the 14th, five companies of the lit Battalion of the 82d, and the same number of the blat Regi. meets, amounting in the whole to about I*loo strong, It is understood, will shortly be embarked ti Portsiauuth ) fur Walcbem. PROM rug ritsivcti PAYERS. PAM', Oct. 30:--Tetterday, iv pursuance of an ordinance of the Prefect of P4lice, published in virtue of a Letter from his Excellency the Mi. 'sister of the interior, purporting that the publi. cation of the Toasty of Peace corn:laded with the Emperor of Austria shall be made by the Heralds at Anna, in the city of Paris, et noon, the Pro. clamation was mane in the t 2 districts, amklct the acclamatiuus of the pcopk, and the cedes of Vive l'Empereur. The day before yesterday his Majesty held a Connell of his Ministers, which lasted till eight at night. Yesterday, at two p. wt. his Highness the Prince Arch Chancellor proceeded to the Senate to communicate the Treaty of Pbace. Per.3ns who, hare bemu adraittul to the honour of seeing the Easpetor found him glowiag wiih health. They speak or a speedy convocation of the Lc gisl ati ve Body. According to letters from London, Marquis Wellesley is said to have received orders to quit Seville, and proceed to Paris on an extraordinary mission. The following passage 14 extracted by the /1/o. stilitur from the English Papers:— " According to letters of the 48th of Septets:. ber g the preparations of the French in the Island of Hereland are greatly relaxed. Front this it may be inferred, that the negociatious between France and Austria art upon the ere of bring broken off, and that Napoleon has judged it of. ccssary to reinforce his army upon the Danube." Not:.—This news is rathEr ridiculous. Who will lidless 'bat there are not farces enough alma the Donelie to Oppose tit AnstriaiN, and that it i 4 necessary to seed for time to Antwerp ? The swaths or ()ember and November befog sior• &ruin in the islands el &shed, It is very alitand that the French Generals obeald let the flugliiii army, which hat bees sacrificed by ineptitude aid ignorance, be melted dawn them, and that they should place their caatolmsessw It the good ton at of healthAal etosateirs:—Notileur, Marshal Ney is arrived from Spalab Every thing announces that Paris *lll be *cry brilliant this winter. It is cestalui (hilt there will be atagnifieent ffies rejoidep, lb cblebratit our victories, and the glorious Peace with *hick they have been crowned. The concourse of fe. rei,;ners from all parts will contribitte to embellish the deaionstrations of public joy: FuIiTAIMBLEAUi OCTOBER i1k...T0-day, after mass, were preecoted to the Emperor to take the oaths :-- Count Montalivet, Minister of the Interior. Prince Corsini, Count Venturi ' and Count Cara bonare, Senators. On the 19th inst. the Senate of the Kingdom of Italy assembled in virtue of a decree of the Vice. roy. A dispatch from his Imperial Highness was read, annuunchig several decrees issued at Scho enbruno, which create 16 new Senators, 8 Stem.. bens of the Legislature, 7 Counsellors of State, 15 Counts of the Kingdom of Italy, 45 Barons, Chamberlains of the King, 4 Ladies of Honour to the Queen, several Grand Dignitaries of the Ire* Crown, and a groat UMW' of Knights. Price of Stocks 79. NA PLO, Ocr. 14.—The Neapolitan privateer the Gallo has taken the English cutter the Success, bound from Liverpool for Messina. Irish vessel had arrived on the 14th of September at Gibraltar, whence she again sailed on the 19th. This Slew' Viale, Sicilian Agent at Gibraltar, availed him. self of this opportunity to send important dls. patches to his Court, and a great number of private letters, destined for Malta and Paints.. All these papers, which the English Captain had not time to throw overboard, fell into the hands of the Neapolitans. They obey the present situation of the insurgents in Spain, and what ado vantages they have derived from their alliance ♦ttb England. The relics of these insurgents ue exposed to all the disorders of anarchy. MI the provinces sib. ject to the yoke of the Junta of Seville demand a new Govcrnme►t. Every day is marked by soma sanguinary tumult; every day produces some vies' satire against the present rulers. Add kl this, the diswnsiims between the Members of the Junta, t h e inexperience of many of them, and the easbition of all. So many evils have rendered a different order of things absolutel;• necessary. The people have required the formation of a regency ; the Junta has been obliged to comply ; and on the let of September the Cortes met to elect a Regent. sitilien the Success left Gibraltar, nothing was yet decided ; these were as many competitors as parties ; and they could not agree on whom to confer the dangerous post of conducting affairs is their present desperate situation. Several Mem. bcrs of the Junta hs To resigned ; and, among the rest, M. Gamy, who was at the head of the De. pertinent for Foreign Affairs. Amonling to the Seville Gaulle:, found on board of the English cutter, the battle of Tala vera h as i n er t tu b ed tg the highest pitch the confu. aion srhkh prevails itt the south of that unrolls:. nate country. The Spanish Gemmel, mutually accuse each other of having Willed the commas cause. Coast' anti,Vesivgaa paatend that General O'Dunoghue acquainted Ma Mal Jourdan with the force and po , itleis af /he Spaniards. Wel lesley complains oZ all the.filpanish Genernls, who abandoned him a; the critical moment, lle has withdrawu from the insurgents, and retreated to. wards Portugal. The magat people have corn. pelted Cucsta to yield the gosnonattil to Etuyn. Such was, on o n 19th of Sept. the - situation of that unhappy cot' n t y— *hero the English hays armed the citisehs azatit.t each other; where they have spread nitirersal dc!olaiion and death ; and where they will terminate their horrible career by a disgraceful flight. The Captain of the Gallo having learned that the Success was formerly an Imperial French ship s has made a present of it to his Majesty the King, who has ordered that this cutter, which car.ibi am ions, should be lilted for service. __ i AN -~ E I, f l i. I •