The Statesman. — London, England, 1814-07-19 00:00:00

.44r , `4l W LORD COCHRANE'S CASE. TO THE EDITOR. OF VIE STkTESNIAN. Sla,—The contemplation of this subject produces,. in my mind, almost an endless variety of reflections. I have already sent a -voluminous letter to the Editor 1 of a Weekly Paper, containing remarks written be- I fore reading his Lordship's defence, and that defence has suggested as many more. If it had never been Proposed to inflict a further punishment upon his Lordship, or rather to crush him with the weight of accumulated disgrace—if this had not been intended, perhaps we should never have seen this defence, which, in my opinion, has so clearly manifested his Lordship's innocence. I admit, Mr. EDITOR, that disgrace is punishment, and indeed the severest of all punishiaents to men of noble naiads; bet then, it. is not easy to conceive how disgrace can be inflicted where there is no certainty of crime. Crucifixion . among the Jews, like hanging amen us, was not , only a punishment, but a disgrace likewise ; we know, t. owever, of one instance when this punish meat having beets most unjustly applied, it did not i disgrace the sufferer, bet, on the contrary, fee . cured him great respect, so that even the insignia of this infamous punishment became a badge of honour, and.conlineee so to this day ; which, I think, is a satficient proof, that where no crime exists disgrace cannof be inflicted by punishments, although such punishments may be generally held infamous. The pillory is esteemed a pusistment of this kind--why ? Because infamous persons are generally put in it.— It is net placing a man 'upon a board, and showing him to the populace, that can disgrace him, if it is not generally acknowledged by those who see him there, that he hie committed some action of an in famous nature—but if an opinion directly the reverse of this prevails, the circumstanse of standing upon a board is of no consequence whatever. There is no thing in the pillory itself to daunt any lien ' were it not understood that the persons,.commonly placed there are men infected with. the finest and most ' detestable vices; but sepposeyou cut an honourable men there, the disgust excited will: not be against the men, but against; the misapplication , of the pa inibhment. Now it ,Is the general opinion that this punishment would have been athapplied to lord Cocusans, even if 'he .had been guilty, beasts he . ' is not a ineet - pollated with any of those loathsome and filthy vice' which are considered as qualifications for the pillory. lie is clear from this sort of moral leprosy, - although it must be confessed that be has lived in a past-house; be- has breathed the air of a .Ibsen where corruption is as notorious as the sun at nenii-.4010, and yet he escaped contamination,—he • liell-aut4hat physicians call the predisposition, or I mo . ititptioeal adaptation to infection—and for this Aniasoeit is, I 'oppose, that corruption and he are so hostile to each ether. My opinion is, that after a. man hat passed thrtiugh iuch alt ordeal as this. Withoutstiut least taint itpan hie:parity, his character albite t to shield hiin from atthcks such .as that his Lordship by prOfessed gamblers, and tter writchescwetriug for the sake of. reward.... • evidetko stra Vet forward ought to Dem been of twirls the sessesary for the conviction of *Wipe wa s but. Lagoa of that, it was of less. No ataolostlit to be placed in the pillory who has the limit muse .of shame remaining, because that meld be taking from Ms the chance, however small it might -be, of reformation ; but when all INPPGICOf this kind are extinguished in a man, when be becomes what the law calls an incorrigible rogue, thee yen may set him in the pillory, as the Spartans exposed their slaves drunk ) to create in their youth a .4101mitertion of that vice. This is what the pillory oßas designed for—the exposure of incorrigible ,rogues; not to punish them; no, that is out of the question (for they are incorrigible in the eye of the law), but to create disgust in the spectators. Now I will ask any one, unless, indeed, it be the Judges who pronounced the sentence, whether they can dis cover in Lord C— any resemblance to such a cha racter ?--Whether they think that the exhibition of that Noblemen's person would excite disgust, by ro• riving in the minds of the spectators the recollection of flagitious vices ?—Do they imagine that when Lord C— shows his honest face upon the pillory, that an uproar of disapprobation will ensue, and the ear be stunned with groans and hisses, as actually happened at some late exhibitions, where a glimpse only of the countenance revived in the minds of the beholders a crowd of disgusting ideas.—No ; there is neither man, woman, nor child, who will venture to say this ; there is nobody who will draw such a comparison ; and therefore, I do say, Mr. EetToit, that it is much easier for some people to pillory themselves, than to make the pillory a dis graceful punishment to such a man as Lord Coot- JUNE. I remember a hoax once played off at New market, very similar to that epee use Stock. E&. change: the fraud was successful, and there was not the least doubt whatever respecting the guilt of the party ;.so that, notwithstanding his high rank, he .was expelled the Jockey Club; a very slender pa stishinent, if indeed punishment it can be called:— But let us suppose for a moment, that equal-handed Jaatiee had doomed to the same pillory this New market sharper and Lord COCURAMI, who, ia my 'conscience, I never considered as a sharper, but only the dupe of sharpers—even before I read that de fence u hich has so completely cleared him from every stain—let us, I say, for a moment suppose this, and then let me ask the reader which, in his opinion, would best become such an exhibition ? in other words, which is possessed of the most incorrigible mind, and the most disgusting vices ? which is. best qualified to create a nausea among the spectatosa, without being himself one jet the wane for it 2—for let it be remembered, that this is the design of the pillory : it is impossible to justify the practice on any other ground. No, the persons who are placed Shore must be hardened offenders—lost to every son. timent of virtue, callous to all sense of shame— is the least spark of honour, the faintest hope of reform, remains unextiegoished, that mao is unfit for the pillory • but when all is dead, when the moral man is reduced "to a mere cape: *tor. tuum—wben it is impossible any longer to wound Ms feelings, then is he fit for' a pillory' s - and for nothing else, because, being placed there, he may be of use to excite a sentiment of indignation and abhorrence • in the breasts of ethers; who have seem sense of ho. sonr•and honesty remaining. That this is the intim- 4 yi \ t N. lion of the pillory, I appeal to the Statute Book c .. there we learn, that when a man has committed a_ .0 ,4 I , !iir paltry crime, he is whipped and imprisoned ; if ha commits it again, he is whipped again, but with more severity ; but if he commits it a third time, then, with the Book, " lie shall he deemed an incorrigible rogue ;" that is, he is abandoned to the discretion of the Magistrate, who may apply him to any lgeomi nious purpose, without taking away his life, sash as that of exciting a virtuous detestation of his crimes among the people, by exposing his person, and even permitting them to pelt him, like a Shrove-tide cock. I am not one of those that would take away from a Magistrate all discretion ; but I contend that this is a point on which the Magistrate is, in a particular degree, amenable to the public opinion, and particu larly from its being personal, for here it is that he generally exhibits hi* private character. He has a rule to go. by, if he pleases. Est moths iss rebus ultra citraque acquit consistere Rectum. He who will not attend to this rule when seated on the Bench, either at Westminster Hall, or at-Quarter Sessions, may commit horrible injustice, without taking away any man's life. This he may do by the application of the pillory only to persons young in crimes, in stead of confining it to hardened offenders. A ' woman stood lately in the pillory at Wakefield for having had a bastard child, and for having extorted motley from a person by threatening to father a child upon him.. The punishment seemed proper in IN* case, but it would have been abominable' in the Yorkshire Magistrates to hate applied it to some 0001* female, the victim of seduction, perhaps ender a promise of marriage. Many other cases might be cited, where distinction is necessary in persons com mitting the same offence, and where, indeed, that which is offence in one, may be misfortune In another. A man contracts a debt, and by misfor. 1 tune is rendered incapable of discharging that debt— would you put that man in the pillory ? Certainly not; and yet a notorious swindler is a proper per ',son to be placed there—that is, when found incor rigibly addicted to each frauduleqt practices ;—but here we have a precedent set up of the pillory being applied to a Noble Lord guilty of the first offence, supposing even that he were guilty. Ought net this exercise of an sthitrary discretion to excite a general *arm, settles-that the pillory is inflicted even by the Justices of the Peace at Quarter Sestieus. Any man then, who is not a Peer, may have kis conditareeted over at Quarter Sessions, and examined whether a debt he has contracted was done with a swindling intention or not, and if determined in the affirmative, be may be sentenced to this punishment ; for the distinction between old and new offenders is done away with, and a Middlesex Justice may send the sou of the Duke of NORFOLK, or even of the Dulce of GLOLICESTIR, to the pillory, if a tradesman he has dealt with should, perhaps from revenge at an imposition detected, state such facts as the Justices may construe into a swindling inten tion in the party contracting the debt; and I leave it to the Reader, whether the exercise of such a dis cretion is consistent with that personal safety which oar law mainly voirsideti--ellvd. indeed, VIA& Is considered conformably to the Alta.., in corrigible o ff enders only are consigned to tells edleas punishment—a punishment worse ,even than death itself in the sight of those honourable men to •irhom the sweet and compassionate Lord ELLENSOROUGH, overflowing with the milk of human kindness, thought fit to apply it. I have, perhaps, dwelt too long on this point ; for my Readers' satisfaction I shall therefore hasten to another. A hope was en tertained of a possibility to scare and overawe the The communications from Rouen, of the 14th, re people, and arrest not only the investigation of rest son into this most interesting subject, but also the ; present coffee and inter as almost unsaleable ; but as ordinary circulation of the press -- a most.: in at , the cotton manufactures were in great activity, the 4hreat was made .by a most audacious Slat ' an raw material was in demand. It was expected that against any Journal that shouldinform the pt c f 4 the importation of British, cotton into Spain would the nature of the defence made by Lord Cot / a nic: be prohibited by a Royal Edict , which would be never surely was a more scandalous insult tiffe to • k ighly favourable to French industry . A Proclaim the Divine Majesty of truth—yet the trutlifia not iii's, signed by FERDINAND VII. had been received, been stifled : whence comes this ? Really I. ice-establishing the Inqohation. The interior duties— tell how this has happened, unless indeed it may', rental provinceales--bell) been restored to the fivance hate been the result of such a train of thought as an department. Englishman, who piques himself on his indeptind. I Lvcauw.—The English Opera season commenced ence, may be supposed to have held in form and on Saturday. The house has been new painted, and manner following: "Is Lord COCHRANE innocent, landscapes introduced on the pundit of the boxes, or is he guilty ? If innocent, then must it not follow , which have a very cheerful and pleasing effect. The that blame attaches somewhere ? Will it b e p ru d en t ' performances of the evening were The Damns, and in me to join in the public avowal of an opinion I The Boarding'house; Mr. FANSTET, as Isaac, and which will convey such a censure? On the contrary, ' Mrs. SPARKS, as the Duenna, convulsed the house will it not be prudent in me to brand his Lordship , with laughter. A Mr. LEONARD made his debut in with guilt, even though I should believe Mm to be , corks; he seemed much intimidated, and did not innocent, as thereby I shall avoid all the gime. ' exert himself so successfully as we should expect I (peaces of those threats which a Noble Lord is re. 'he would ender other circumstances. He, however, ported to have made use of in a certain place as the received considerable applause, and promises fairly only reply in his power to Lord Cocuitans's de- Ito become a permanent -favourite of the public.— fence ? But if I act thus, shall I act stoop to a Gissoes is engaged : he performed the character of -greater servility than was ever practised in France Ferdinand, in which he would have been very re. viuder the reign of despotism, where conyitaints 1 specteble, had he less frequently needed the assist. against cruel or unjust sentences, were freely lank . ante of the prompter. The other characters wers to the Throne, and no near ever punished for the : well sustained, and the Opera went off in very good same? And sh alli I not, by such conduct, commit a style. conscious injustice , and degrade myself in my own I Sunday evening, about eight o'clock, a man A I 1 . esteem? In short,allhough this may be themost prudent noticed an old woman entering a dark nrivate vault, part, isit that which becomes a British citizen and an under Somerset-house, and his curiosity led him to - honest man? Although Ido not wish to hurt the enter the gloomy cell, where lie found the object of feelings of any individual concerned hi this, ,as . I his enquiry, and, to his astonishment, sitting 'over : think unmerited punichmeat, yet, ought not the pith- the dead body of a man - he immediately gave the lie safety to be dearer to me than any man's ploate - akrm, and the beadle tool the old woman into cos. feelings whaterer It And is it not tree, that the ge. tody;-and the populace were so prejudiced against neral safety is implicated in this question, for what her from the various stories in circulation, that she 'has actually happened to one man may happen to all would have been torn to pieces by the mob, only men ? There is none of es that may not be 'pre- the constables protected her from their fury ; the chided from the means of proving der innocence by story in circulation being, that she enticed him there, the same rule of Court that has precluded Lord and either poisoned or strangled him ; be the case COCHRANE. There is none of us that may not be what It may, it Is as yet wrapped in mystery-*the doomed to unmerited ignominy, because ire cannot body was not cold when' discovered—she was 4o what common sense acknowledges to be impose lodged in St. Clement's watch-house, Strandt, and sible. This then is a nee list coneernatbe general the dead body was tarried on a shutter to the Swan stgjety, which is superior to all other law.—Salua pa- public-house, in Swangyird,- for-the result of a Ce. , pull auprema Lex." I suppose this is the way in Toner's Inquest. On further enquiry, we learn, that which the bulk of the people bave reasonekfor they the old woman says 9 that the .1111illlt -of the deceased have disregarded the threat tket we' intenshilitto ten. is Crawley,. that they were both peepers In a work. der them the mute spectators of this dryad il scene. house on the ether side of the river, that their busi- Backleghwashire, July 14. - • • TIMQIIIIf TIMEMAN. nett in the vault wit to gather a few chips for their [To be coacladed toiaertmv.] , fire, and that the deceased fell into a fit, of which —„,....-..„-..--...-1 he expired ; and that she was bringing him some wa ter, tint thinking he was dead, at the time she ate tracted the ' , attention-of the elan who discovered her in that unfortunateiltuation.-- , An bequest sat nn Ilse body yesterday, when they returned a terdict , —Died by the visitation of God. .. . j smutty. In consequence of this investigation, orders were seat to Mr. GULLIVER, that he should instantly hang up three-fourths of his domestic curs, and in future keep none but what are useful, well-bred, and decorous. At St. Peter's Fair, Yorkohbe, held on Mon day, there was a cons iderable show of fat tad lean cattle : the whole we very-duff .sale at reduced prices. 'Zones of crery description were also lower in price. action brought .1 .111 " - " ROzesss a eel at 11athat, Magazine-4V ~/, , . 411 tOußr OF CR, (most V. seotow. Jour 11 , Idiot Roads, July 18, 6A. hi: ,'shits was an - act the shippe r Yetterday it 4`P. M. the "whil" 'fleet was threksis..:ps _ . pes o f w ine ne on board the ship Jane, f rom Into the utniiiiliesternation and 'alarm by an ex- ii . to London, against the Defendant, w h o W tritordinary occiireonee;* but which • happily subsided"i bill of lading, " bound for London by the it with little .ether mischief than , tearing a few of the j,vey." The Plaintiff's agents had notice -tan4dl would sail on the 4th ; neverthileiti \ . not convpitte the 'delivery of the Wet on' ME casion of the alarm' canvas port-holes of the Bleckftead; 74, which ron foot of theisdiniral's IMP,' the Stupid, 11 1 2, the oc ing o f that day s by which time the othe r old *lll' We : Our two look-out 1 01ropt down the. Alter, and the Jane was pre?) frigates, the Numseal alb tSpendlltrift, Cruising of ' from joining the ponepy.by a calm. Nursery Bank, Rettten4e* bearing S. S. W. half ,Lord ,ELLEttedadinltt held, that the " ti W. distant.nine yards, the man from the mast-head !Yoe ,must mean the 'bit /worried convoy, of the Nuinitall called 'out a catamaran ! Immed the Jury believed Aida the Defendant fsithf u , ‘ i de . a . vottred to sail with the cciiivoy, and that dlately all ' hash and confusion • ; blue rockets' sailing was prevented by sets of the pi Plaintir were thrown op, minute pistols fired 'to altrm the e, over which he could have no o on t rol i. . P' fleet, all hands•were piped up, and orders given to i l a i n tiff wou ld not b e e n t i t l e d to recover .* leiter the beats, and that the boarders, with board- .. fendant appeared to have used very industrious ing pikes, ihtiald ' instantly attack the infernal ma- Viand the Jury found their verdict for him. chine,' and keep it clear of the fleet. Being appre- I DURLEIGM V. WIDEMAN. This was an action of trover for brit pipes a bootie', hower, PO' an explosion, the boats at first wise , which were bought of the Defendants, kept ata respectable distance, till 'by a suddep turn agents of Messrs Pinto and Sons, of Oporto.' 'of the supposed catamaran, it got , close under the Richards, of the White Horse, Fetter-line, stern of one of the boats, whims an Irish seaman, :or his assigns, 'the bill of lading was made who bad got a doable portion of grog, struck it with !pigment being by a bill of exchange. The ; lading was dated the 28th of December, 18' a boarding-pike, exclaiming, Arrah, keep off, you on the Bth of April, 1812, the wines were blazing ---r—a i infernal yell instantly followed, i the Plaintiff for 3481, which was paid in (081 which filled them all with hurtirs till eseceeediell 6o2o bill of lading was indorsed to the Plaintiff *ore explained the mystery, by a demonstration that same day, the wines being in the docks, where ' this dreadful 'catamaran was soother than a large New. were left till the 15th, in the name of Ri c h ar d s . 'feetidland deg with a dickin his month ! Rage and 1 Mr. PAuxi for the Defendant, cited th e Cumming v. Brown, 9 East, 506, in whi c h sintine new fitted tlis breasts of the gallant crew, rug Rover would Ilion hive id the forfeit of his life ; .held that the property of goods passes by th e indorse went and delivery of the bill of ladin g by th e pa, !, bed not the Cockswain suggested,'that the animal's epee to another bona fide for a valuable consitista. iieheiw' end . • animal , not the ltself, Should be well I don, and without collusion with the consignee, at,. . though the indorsee knew at the ti me th at th e cos feigner had not received me. ey-pay nien t • for Rs talltitteed ; this was admitted, Ind 'Rover was in *aptly hauled into one of the boats and carried ovi board the Stupid ; to be examined !g oods by the Admiral, payable but had taken the consignee' s ' ac cept anc e s, e at a future, day, not then a rr ived ; and: such assignment of the bill of lading, the co n si gner Is person; on ,a large silver collar was wrote his Alleltster's name, Gamma Grmiavta, Lilliput-house, ' cannot stop the goods in transiiu upon the in: It. James's Park; it was also given in proof, that of the original consignee. In that case, th ere this man bad a ginat many other troublesome curs • &mitt's, and the bill of lading was 'one fide ( (erred. Here th e to b e actually arrived, in his pack, conehlititty tattobling about, to the great capacity innoyence god disgust of his Majesty's liege subjects, ' fore not no a t D bona fide transaction to take an 4nderss ment of the bill of lading, which was then a 'such as the Clerical Spaniel, or Herald Parisite, an animal that licks and slaver, all Courtiers and efitcio instrument, being only the symbol Judges, though ever so disgusting, and that gr i ns goods till they themielves arrived. Th e ey. that ease nes the only mode in' whicrthe g o od s and snattrit all honesty and truth, though ever so i•he assigned ; here, thegoods, were deliveruhir comely. I therefore, the authority of the bill of ladit The lurcher, or canine Secretary, that constantly destroyed. The bill' of lading is an authority hunts for game on other people's manors, and brings the Master: npon the arrival of the goods, h' it to his master's feet. : sponsibility is destroyed. The pug Satyr, or faun, a large species of the dog's' Lord LLF.ENBONouDir.—Ir you ,lay the lading out of the case, becau.e the traßitus ... wife,. remarkably timorous ; besides many other end, then a fortiori mai questio, for the,gonas -4 0 4 < t eeenneet end dmituctilw animals; wM*ll in my warehouse. They ars . not. in sold without the bill, &abut mcrbteve been i,, of la( etsomtnaDle 'nuisance to the whole com- b There is this further circnetstanior of fairness case, that the Plaintiff repospit;opon the lading, and the goods were not transferred name in the Docks till the 15th. The dock Defendant's warehouse, and he is liable at law. The Plaintiff had a verdict foi 3481. deducting charges. MORRIS V. CLEASBY. This was an action brought by the assignees of - Messrs. Smith, Chesmer, and Down, against a Broker, to recover the price of goods sold for the bankrupts. The Defendant being employed by the benkrupts to purchase turpentine, bought the roan. tity in question of Messrs. Le Mesnrier and Co., who bad employed the Defendant to sell it under a del cre dere commission. The evidence of Mr. Horatio Smith was agreed to be taken from Lord Ellenhoroeglet notes in a former cause of a similar nature, by which it appeared that the bankruptstnever heard of Messrs. - Le &Weiler in the transaction, till upon their in tention to export the geode, it became necessary to apply to him for a shippiag order ; bat they never authorized the Defendant to guarantee to Messrs. Le Mesuriet, nor did they know he had done so.— • When Messrs. Le Meturiers names were disclosed to • the bankrupts, they considered them liable to that house. The bankrupts having altered their inten. tion of exporting, employed the Defendant to sett • for them; and he now claimed to set . off his pay ment for the goods to Messrs. Le Mesorier against the money he had received Won the resale for the bank rupts. Mr. PA ax, for the Plaintiffs, submitted, upon the • authority of the cases of Gurney v. Sharp, 4 Taunt. 242 4 and Cumming v. Forester, i M. and S. 414, that the Defendant could not claim the set-off is question. In the former ease, the Court of Coln. mon Plias held; that a broker !hen as the per. chase of goods, guarantees the payment Without die knowledge of his principal, does 'not aeqeire any lien on the . goods ; and in the latter, the' Court of , King's Bench held, that, where a broker affected I policies of assurance in the name of his principal, under a del credere commission, he could not set.of losses which happened on those policies, in an action by the tinder-writers to recover pretnieMs, although the losses claimed were total; and gut broker had accounted for them with his principal. In that case Lord ELmosonooon seid r he costa not conceive how a contract between A. and B. could vary the 'rights between B. and a third persouy 'who is a stranger to it, and empower B. to set up & claim against him, as derived out of that contract. — The underwriters' claim for premiums was alwaY• against the broker ; and the broker claimeetoaet otf unliquidated losses, arising out of en onastive* rived contract made ,by him with his employer, with out the privity of the underwriters. It Witt agreed that the facts of this'cause shouldt be turned into a case for the opinion of the whole' Court, with liberty to enter a special verdict. The reduction in the cavniry regiments is cowSnei to two troops only. It may be remembered that ► Peace Establishment *xi six troops augmented ten. I bt4 DON Prieted t :ault. liajort 'by ' D.. Lov ink si int STATt‘stils* (iv irtcli; 67; Flier-street. • de , 1 too .-TnE STA' •,1,5111P NEWS. -w ..• LAW INTELLIGENCE.. • 1 18. 3 °Pena d given= .1 first cop. Out. 'll4 they Q. hips kif• ;resin* • first u m; • ; and if dully en. - that that iff's pee: •Tbe Dp. 41 2 1 / 1 1411 i. s of post . :5 2 as sh. D, by M r . to whom, out, si k s le bill hi 311'; aid e sold t 0..:;,, . sh. I'4' l tron the here they Lrds. case h it Wits tindoda. the cats. ousitissa. knee, the coo. fey liis rptenrde, ind after :onsiguer isolvency ere was A de t rans. red, and s, there. indorse. fuoctoss I ,of the bCd. is oda eyed le; and, ling wes city front . his re- • !s lbi * H t fil et , Anif al* tin itse,,a4 .4, es -Talk hill if into Ms was the w. educting