The Statesman. — London, England, 1821-02-24 00:00:00

--~ ~,-- , - -~.rT _ .. .~ ). Ptir :rut . jai CaCt(-C " 14 V • " IS S IC tm i > • fl 4 7 A . ( 7.? •• • rf (. ux ut.L. orb • tat ••••• • e L-k .) „intim LONDON, SATUEi'DAY, PEBILtJARY . 21, 1821 ga d arodvk r died tit Me PRlca SEVAN N°• 5005. THREE NEW PURLICATIONIL The Three undernsentiooed Important Ne*Worts Day published, by Sir Ricamtv iists.Lin sod Cio.l Bridge-street, and May be had 6f all Bookosllers La thol United Kingdom. lINHE REMOIONS and RELIGIOUS CERS. 1. MONIES of all N vrio . .4s.—Chrhit s. Wilms? Medan', Jews, Oentoos. and Pagans; with 100 104. &I. is red, or Ifis. on royal paper. boards. 2. Thy GRAMM AR of Cl. ASS 'CAL LITERATURE. otr negessory General Companion is the Study of the Classloi, find the Latin sod Greek lAngwages • containing Anelewt' sieography. Mvtholegy, Cuontriv. An and Biogra phy SEI4JAMIN JOIINW3N, A. M.! with 100 Maps end Engravings: 414. bound. S. The WONDERS of the HEAVENS. displayed in Tasty Popular LECTURES on ASTRONOMY. with 46 Velwrior Ingraving.from Original Drawiags; by the Author of the Weeders of the Worid ; 10s. 6d. in rod. or so royal paper lA*. la boards. Mr. LOCKHART presented a Petition front certain Merchants and Sbip Owners of South Shields, against anralteration in the Timber Duties. M r. BRA N DLI NO presented a similar Petition. Mr. M. A. TAYLOR expressed his determination to oppose any alteration in the Timber Duties. Mr.hOCKHART said, that as the question would shortly. cane before the House, he would not eater into it at that instant, but he could not help saying, that what was called a new and liberal system of trade, was one open to objection, and dangerous, at a moment of distress, to enter on. The cesstq, to that system, had already sacrificed its agricultural system ; ft was now called upon to sacrifice to the same prisciples. its peter' nisi—its shipping and trade for the benefit of foreigners without receiving any possible return. Mr. LOCKHART presented a similar Petitillll lir. Alexander Campbell, a Pionake of illtt • of St.,wisrard'a . • - ~Petitions were referred to the Committer of Fo- THUM IF (St. David's Day. Ist of March), —• MA 111 OF 4 ' 111.11, Oesseits aid Mtn my( vs sntwtf ! TIIREE of 221,000 mutt be Draws is Us list flee *Mutes. rill KISH respectfully_ rosmisids • Lis best Friends. • the Public IlsoluTar approach of the Drawing, and begs them ho Weedy In their applicatloa for Tickets and Sharma, is the oily ones now on pie (and they are very few), are those which Purchasers before Valentine's Day re• bailed, but which am jum as likely to gala this Capitals a other Numbers, Mill it ig very likely part of the Six of XVI MUD may be amongst theme rejected. 'o.* There is osly one more day of Drawldg, after St. David's Day. 4. Comilla', and 9, Chariag•Cross. reign Trade. hfr. CURTEIS wished to know from the Secretary of the Treasury, whether there was any objection to return to the use of wheat in distilleries? A prohibition against the use of wheat was given at a time of public scarcity, hut that cause no longer existed. It was for the benefit of the revenue; but what was of still greater importance, it would greatly promote the interest of agriculture to take off that prohibition. The SPEAKER requested the Honourable Gentle man to routine himself to the question which be • meant to rt. Mr. Cl HTEIS said, that when the subject cane un der discussion, he hoped that some steps would be taken that might lead to a useful result. Mr. LCSitiNGTON said, that it was impossible to give an answer to the liononrable Member. The ques tion was one of very great importance. it was nut at present under consideration. ('HETWVNI) said, he bad moved for certain return• under the Vagrant Act, which had not been since foruished. Since that time he had received let ters from eifferent parts of the country, complaining of grass and impudent frauds practised by race offi cers and constables. lie would now give notice, that on Friday the 9th of 3larch, be would move fur a Se lect Committee to consider the present state of the Vagrant Laws. THE CATHOLIC QUESTION. Mr. L. KECK presented a petition from the Protest ant Clergy of the Archdraconry of the County of Lei cester, praying that no alteration might be made in the Liles whirl' aggrieve their Roman Catholic fellow subjects.—Ordered to lie oft the table. CHURCH LANDS. Sir T. LETHIIKIDUE gave notice, that on Friday the 4.1 of March, he would move for leave to bring in a WI! to enable the holders of Church Lands to alienate the same. THE CERTAINTY - OF THREE PRIZES OF .ell,OOO And the possibility of ell Six of / 6 11.000 being Drawn NEXT THURSO tY, Ist of MARC)!, (tax LASTADAY It T oval Has caused so greet a demand for the few Tickets and Shares that are left (of sale, that unless they are imme diately applied for. • and J. SIV KI ti HT, the Contractors, fear they er • shell not be able to supply those Friends who may wish to partake of the advantages which the rich state bf toe wheel affords. •„• The only Tickets and Shares on Sale are those which have bees returned ; but of course they have an equal c'iance of gaining the Capitals as if they had never been sold. Those Persons who returned their Numbers, but re gretting their precipitancy, and. reflecting on the mortifi cation they would feel if they should prove Capitals, would wish to havethem back, may possibly procure them. if they wake instant application. Corohill ; 11, I tolborn ; and VI, Haymarket. A. MOUNTAIN and Co., SARACEN'S lIP,AD 1•7• INN, finowttill. London. The following Post Coaches, Mail Coaches, Le. set out from the above Inn:— The "Telegraph," Ramsgate, Margate, and Canterbury new post coach, every morning, at a quarter past seven. In consequence of the decided preference given to the above coach, the proprietors are determined no expence ',hall be spared to render it the first conveyance on that road. Dover, Deal, Raedwieh, and Feversham, every morning, at a quarter past seven, and six in the evening. Brampton, Chatham, Rochester, Sittingbourne, nod Rain ham. every morning. at a quarter past seven. Valmoudt, Plymouth. Exeter. We% mouth, Dorchester, Dartououth j end Salisbury, every morning, stoma, through Ilonitob, fixreinster, Bridport, Rlandford, and Itssingstoke. The " Union." Southampton, Lymington, Winchester, and Nsingstoke nea conch, every morning vet eight ; ar rives at the Conch and Iforves, Southampton, by lye. The proprietors of the above coach hope to receive a eon Confiner of that support which has hitherto been experienced ..iece the commencement of the " Union." No racing w ith other roaches. A Bath and Bristol flying post coaches, through Chippen • batik Caine, and Marlborough. every afternoon. at one. COACUEs TO WELLS, HRIDOIMATILR, TACNTON, AND PI.TMOL'TII. The • 1 1Belliplire," a new Liverpool light coach. oaly one r.istit on the road. carrying four inside. sets out daily ; tt,roeirla Woburn. Northampton. Weiford, Luttersvorth, Hinckley, Atherstone, Lichfield, Stone, Newcastle, Lusts ford, Warrington. and Preston. Shrewsbury, Wellington, and Shilfnal coach, every even inc. at Ave. The "Union." Weymouth. Dorchester, Illandford, Solis intry, Andover, and ila , ingstole new post coach, every af t•unoon. at four. • r'*: REnlot rII P ‘ctiETS TO GrERMOZT, JERSZT, citranorac, ST. lil.ll.oltq. &e. NEGLECT OF PUBLIC OFFICERS IN IRELAND. Sir J. NEWPORT complained that cattails niters% , srekls *mike op had Sin ordered, were not made f otn Ireliad. the Right lion. Gentleman said, that the neglect of those in public offices in Ireland crest, d the utmost inconsenietwe and obstruction of the pub lic business. lie had no doubt but that the shameful ne;lect of which he complained was not the result of were inattention, but was dune to prevent inquiry into public abuses. lie would now move that the papers already ordered by the House from the Board of Cbs toms in Ireland, should be furnished in one week ; and, in case the return was not made within that time, he would most assuredly more that the Secretary of the lloird of Customs, In Ireland, should be called to the Bar of the House. Mr. LUSHINOTON said, that there could be no possible excuse for the neglect ; the papers required were simple, and might he easily furnished,—The motion was arreed to. Sir J. SF.BIUGIJT presented a petition from cer tain Hundredt in Hertfordshire, complaining of the state of agricultural Distress.—Ordered to lie on the table. Mr. S. WORTLEY presented • petition from Whi The " Rockingham." Leeds n.sw light coach, sets out ever) morning it eight ; and passes through Stamford, Newark. Helfand, Ih;sicasti.r. and Ferrybridge, to the Gol den Lien. Leeds. next morning. alien. NotwitlistandiT , the is nrommon eNperlition of this coaeh, it is allon est to be the most nereenble end complete public conveyauce on the north road, being unequalled by any ether. Glasgow. Longtown, Oretnn Green, Amin, Dumfries, Itruwnlaill. Thornhill. Saminhar, Kiln, (*smock, Kiegswell, :.id all parts of Scotland. a posicoseb daily. oft.. Scorbursitich. Whitby. Shields, Sunderland, New el Ile and Edinburgh, new post coach, with a guard it!roug 4 tosit ; sets oat every morning at nine, bv way of Newark, Retforil, Tide:aster. Derlingion, Northallerton, Perliam, Morpeth, and Berwick. Passengers finding thens ',el% es fatigue 1 on Ilse jovrnev. may rest what time they ttni then proceed on without auy additional fare. Brides-north and Walsil poat coach every evening. Marlborough and Swindon new roar inside coach. through !!;!bons, Reading. La nattourn, Parton. Lydisigion. Pewsey, '%ncton Rasset, Ranishury, Dungerforil and Newbury, ry..r, morning. Roston. / 4 Poldine. Peterborough. Stilton and ITentingdon novel Mnil Coach. every evening ; to Spilsby, Leith, Grimsby and Hull. every afternoon, at six. Carlisle. Peoria, and Whltchaven near four inside Post Coach : paises through !trough, Appleby, Oretnn-bride. '.tiettmonil,Catteriek. Boroughbrkle. Wetherby. Aberford, 'ont:aster. and Ortuthem. Passengers detained on the rert.l by business, or pleasure, have the peculiar advantage cf their seats beiug secured in the next coach. Kendal. Lancaster. Preston. Kirby-Lonssiale, Bolton, C;orley. Ormskirk, and Oarstang post-couches, every af -1.. moon at Via e. Liverpool, Warrington. Knutsford, Stone. Stafford, and T:tehfietd post-coach. called the " Defiance.** every evening. *h. Saracen's !lead inn. Dale-street, Liverpool. Wakefield post-coach ea ery morning. C:l..ster. Newport, NVlsiteciturc4. 'Farporley, Namptwich, ••-:.,n and Middlowich, post-coat+ every evening. S , mderland. Stockton. and Vann coach, every morning, t: tt,c Georce Inn. Sunderland. _ V.serhester, W inslow. Con gleton, Newcastle. Weisel , and o!verhassipton post-coach, every afternoon. s'ielield and Rotherham post reach. called the Rocking ! ."- even - morning at eight, and the Nelson at Nine. Birmingham post-coach. sets out every afternoon at five, 71 passes through Leamington and Daventry, to tbe Sara a.vo's Rend. Bull-street. Birmingham. Nortlicave, Howdeu, and Doncaster post- I eoPeh. mere mortaine% lierlford, Ware. Hoddesdon and Cbeshunt coach every Troqling. Tottenham and Edmonton coaches (daily) at eleven, half p: at two. five. roul eight. mouNTAIN and CO. respectfully sequaint their Fr;mashi and the Public. that they will not he account '. ,e for any Parcels, Passengers' Luggage, Writings, Plate. 1.1 :• of more then rive Pounds value. it lost, stolen, or aloe "ITel, males% entered as such. and the Insarrenee paid no "r4;1181), at the Saracen's Held Ina, Suoiruhill, by, in the county of York, on the subject of the Timber Duties. ?dr. LUSIIINGTON brought up a return of the quavititv of soft soap and tallow. Nfr. iIEAUMONT brought up a report from a com mittee, a.l obtained leave to bring in a Bill fur build ing a liaol in Bexhani, Northumberland. Mr. WESTERN brought in a Bill fur building a new Baul in Essex.—Read a first time, and ordered to be read a second time on the 2d of March. FINING DEFENDANTS FOR CONTEMPT. - -- Mr. DENMAM said, he held in his hand a Petition on a subject which demanded the serious attention of the House—a subject highly important to the due ad ministration of justice in this country. The Petition ss as from Thourts Usvidson, formerly of Duke-s;rt-et, West Smithfield, but now a prisoner confine(' in Oak• ham Jigg The Petitioner complained of having been fined whilst making his defence by Mr. Justice Best, before whom be was tried in the month of October l a st. at Guildhall. lie (Mr. Denman) reeretted that the Petition w s put into his hands. He m had been long in habits of acquaintance, indeed of friendship with the Learned Judge. It was not necessary that the Petition should have been put into the hands of a lawyer, because the question was not so much a legal question as a qnestion of constitutional right. The Petitioner was tried for a blasphemons libel, and in the course of his defence he was fined three times by the Learned Judge. The first was a fine of 20!. in dicted on the Petitioner, because he stated to the Jury that no Counsel at the Bar would cuter into au honest defence of the defendant under existing - cir cumstances. The defendant, in the course of his de fence, was afterwards fined twice, each time in the sum of 401.; so that during his defence he was fined a stun of 1001. He (Mr. Denman) was not -aware that there was any instance of any defendant having here ever fined for what was said by him whilst defending himself against a charge brought against him in a Court of Justice.—(Hear, hear;)—that fact was worthy the attent!on of the House. The Petitioner had entered tete a sort of legal argument. He (Mr. D.) had heard a Learned Friend of Isis (Mr. Cooper) more for a new trial. His Learned Friend snpperted his application with great ability, and displayed much legal learning. The Petition new before the House I +;, qt. contained a good deal of the argument of his Learne Friend. The Petition asentitined two celebrated is stances, where the strongest language was uttered by the defendants; but not punished by the Court. The first was the case of Sir Walter Raleigh, who was pro secuted by Sir Edward Coke and Sir Francis Baron. Sir Walter held language, which he was tolsk was treasonable; yet the Conn did not fine him. The next was the case of Prynne, Bastwick, and Burton they were proceeded against in the Star Chamber. The proceedings in that Court were carried en like the proceedings in Chanceryof the present day, by bill and answer. The defendanks auswered, aid threw out the mast serious iturstabione on the Archbishop Ail' Canterbury andfsers of the Judges. The Archbishop oosisplalowellrblie Star Chamber, and wished that the defendant should be punished for putttight each as answer; but it was decided by the Star Chamber, that no such power could be assented by the Court ; though they held that the case was of a very scandaloni us tore, and was aggravated by the answer ; yet as that answer was put as a defence, the Star Chamber held that they could not bring the defendant to an account for it. The case of Col. Lilburne was another *wog in stance. Lilburne attacked the Judges in the course of his defence, and though they frequently interfered its prevent him, they never thought of imposing any Cie upon him, and he was actually acquitted. Many other cases of a similar nature might be cited. The case of lard Cobham, who was tried fur heresy in the reigo of Henry the Fifth, was a remarkable one. Lora Cobham threw the most serious imputations willn all his accusers, and violently abused the Arelibishirp of Canterbury ; hut he was nut stopped by the Court, though tried fir heresy in an age which looked with horror upon any departure from established opinions. Williams, who was tried for blasphemy before Lord Kenyon, was defended by a tientleinan at the Bar, who went into a defence of the doctrines of Pa:nr. The Judge interrupted him, upon which the Cuans.l said, that unless the b.tok fur the publication of whi s the defendant was on trial, was left open fur tie fence, he saw no ground upon which the defendant could be defended at all. Lord Kenyon did not 1.•- , terrupt Couns:.l during the remainder of the trim. From all these cases it would appear that the prac tice of fining a defendant WAS a novelty. Ile (Mr. Denman) was not disposed to say that the COLA had not a right to punish for contempt. The Court certainly ought to have the power of vindicating its own dignity. Such a power he conceived to be ea sential to the existence of the Courts of Justice. Bat when Jndges go farther than that—when they as sume such a power as was assumed over the Petitioner, be thought that they maid uist las watched ieltft tO5 4111111.11 jealousy. The proceeding was of a summary bled. There was no Jury appealed to—k defeit.e beard. If it were possible to bring a defendant before a Jury for such an oCence, he might he able to skew that he was not guilty of all offensive motives, and in that case he would have been acquitted. Supposing that he was indicted for uttering improper words, I.e would have hail all the benefit of legal objections ar..l of dates in the indictment. It might lie observed, too, that in the summary manner complained of a fie, might be inflicted, n hich the defendant might not b • able to pay, which the Judge, with a knowledge vi his circumstances, would not have inflicted—a flue. %%hick might i.e nominal to one man, might be rain ons to another. There were other and very strong grounds of ohjection to this assumed power. The Petitioner stated, that he was intimidated in conse quence of the first tine, and was rendered unable to proceed in Ilk defence with that freedom and ease ci mind, which otheritise he would have preserved. It was no answer to that assertion to say, that after the Inc hail been imposed, he held strong and bold lan guage ; hr Was Ile• hest judce Of his feelings ; he be-t knew what effect the severity of the Court had upon his iiiiiid.—There was no calculating what would be the extent of terror on the mind of a prisoner, if the Court was to bold this power over Lis head, because though lie might be acqnitted by the Jury of the charge for which he was brought to trial, he might yet be ruined by the tines itnpose.l on him during his defence, though acquitted, be might leave the Conte a ruined man, or he obliged to spend the rest of his life in gaol. The effect of those fines would ekedy lead to intimidate the party on his trial ; many persons had lately defended then:- selves in political cases ; they did so with great ability; they succeeded in Sollbe cases, where Counsel perhaps wtoild not have succeeded fur them. Yet though a man might obtain an acquittal, be might he fined for his defence to a greater extent than the sum which ironld he levied if lie had allowed judgment to lo by default. The reasoning did not apply merely to political cases; if on the trial of a political offence a Judge of the King's !tench assnined such a power, any Judge or any Magistrate might assume it almost under any pretence; and thus in civil as well as in political cases—before in ferior as well as high tribunals, might a man he enlifect to a heavy fine for urging points, and making observa tions, which lie at least might consider necessary fur bit defence. Another strong object' to the existence of this power was, that it con mined the Judge with the party—(Hear')—which of 'ounce would prove injurious to the party on his trial. Tboagli it was fair to observe that in the case of the Petitomer, the Learned Jitd•sp stated, and no doubt truly stated to the Jury, that he • would take care that what hail passed in the progress of the trial, shonl.l not disturb his calm consideration, or prevent him from giving to the defendant the benefit nr every topic of his defence. The legality of imposing those fines had never been brought under the consideca. tion of the Court, because those fines were remitted di soon as the trial was over. If the question had come before the Court of King's Bench, lie (Mr. Denman) entertained a great doubt that they would have been confirmed. The imputation w hich the defendant threw upon the Bar, be (Mr. Penman) was eons ine'd was a false imputation • but still lie was quite at 1 lo s s. to conceive how it C0111:I he construe': into a contempt of Court.—(Hear, bear.)—The Petitioner made a distinct allegation, that in conseq muter of being fined, he was no' able to proceed on his defence with that collected mi --with that spirit and energy so necessary for a placed in his situation. The language of die Petition was unobjectionable. He did not intend to take rodAii s not, mind man iorrr, ;any p the bemire for orAirA HAMPDEN fu to tA. tF the nest of Kin of SAMUEL STEVENS UPPO#4, Into of Great College-!treat, le the Pariah of Saha Phu eras, in the County of MickiliteeX. Burgeon. ileeoneed, will sOply to Mr. John Brown, of No, t, hlarelintont-street. Brunswick-square, Grocer, dilly will hear of einseette to their advantage. - - - QUPERIOR AND BSTABLISHED BOORS 11%7 ADAPTED TO MODERN AND IMPROVED SYS TEMS OF RDUCATION. 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On the motion of the Mal of SIIAFTESIWRY, a Message wAs ordered to he sent to the House of Com mons, desiring a Copy of the Report made last Session by the Committee on Foreign Trade. Al5O the Evi dence taken last Session before the Lords' C •ttre so Foreign Trade was ordered to be referred to the new Committee. CATHOLICS OF IRELCVD. The Earl of DONOUGHMOHE said, he had some Petitions to present from his Catholic fellow-imbjects of Ireland, praying the removal of disabilities which they had not ineurred by any crime, but merely from a con scientious adherence to the religion of their forefathers, and to which he hail to request the attention of their Lordships. This was not the first time that Petitions of this description had called for the attention of the Legislature, but it was the first time since a Prince had sat on the Throne, who did not appear in any open or üblicly know manner , to be actuated u p on this subject by any conscientious scruples, but who, previously act ing for another, might during !hat period, justly feel that he could not du that for another which lie icnew wonlil not be done, were that other illustrious person age in his place. These Petitions were intended to have been presented in the last Session, but in consequence of the subject which then m.mm entirely occupied the atten tion of that House, lie aihi!-ed the abstaining from pee syncing them; and in consequence perhaps of that c ad vie, they wre not prented. It hail been nand of lye to give the were of sepresenting these Petitions, and of the discu s sion on them, to the other House, in con sequence, he believed. of the House of l'ommons having once agreed to the first step towards granting the con cessions, for which these petitioners asked. That had been the case in the present instance; the Petitions hail been presented in time other House, and a notice given of the discussion on them for the 2Sth instant. Ho wished to take the first day for-the discussion, which, ow consulting with some of his Noble Friends, he &Imola therefore name Thursday time eth of March. His Lordship presented Petitions from the General Body of the Catholics of Ireland; from the Catholics of the Counts . and City of Waterford, and of cert.iiii Pa rishes in Dublin.—Read and ordered to lie upon the Table. Tie Earl of DONOUCHMORE then mowed that the Lords he summoned for Thursday the Sth of March, which was ordered.—Adjourned till Monday. HOUSE OF CONINIONS.—Famnamr. The lionse was snmmoned by the Black Rod to how the Ronal Assent given by .'ommi.sion to several Bilis. Ur. Mason, from the Fast India Board, presented several Papers, as ordered by the Mouse. The same I;eutleinan preaeoted several Papers from the Britigh illiptemn, as ordered bv the Howie. 111 r. CURTEIS presented a Petition from several Landholders In the County of Sasses, complaining of Agricultural Distress. Mr. SVRIVAKT woRTLEY preseated a ainsilar • _. Uorset.—Urdered to he on Petities In the Table.