The Statesman. — London, England, 1823-08-09 00:00:00

- tbdl bind, in which Dr. Priestley had brought as action mallet the Hundred by fire occasioned by a mob• and the Cooatt there held, that as the books were of a sedition' no ' tore, damages could nor he given. But nothing was these •aid as d to a criminal indictment ry against those works. Th. Counsel then o nset that he coin:arm' In the whits expressed by the defendant, that his Honour would readshe work. TheVice-Crteneau.osi—Perhaps I might refuse this in , kaution on the principle of Isw, without reference to the 'reek itself. iam not capable of dealing with this case as I sboold wish, for my mind has not been employed on such subjects, and know very little of the matter. Although Lae Court of Law may not refuse damages, it does not neces sarily follow that this Court would afterwards interfere to protect a work which has gained a verdict at law. A work not he in its nature the sishject of an indictment for -libel, and yet it may be of so flippant a nature as not to de serve the protection of the Court. Some time since my mind was loosely applied to a case of this kind. That was a motion for an injunction to restrain the defendant from the poblication of a song which hail been sung at Drury , lane gr at Vauxhall, and on that occasion I thought I could not with a proper regard to public decency grant the in ,) maim I will give this rive my best consideration, but I think the first question is, whether the .Court of Equity *would not in a case of doubt send the parties to a Court of T.awto try the question of injury to public decency, without pledging itself to interfere afterwards by the exercise of its extraordinary jurialliction.—This case is deserving of the grayest deliberation, as it respects the decision of a most im portant principle. I shall take the liberty of speaking to the Lord Chancellor as to the principles on which he has acted, and I will mention this again. 3lr. WAK Mahn asked for the continuation of the injunc• Con in the interim. The defendant opposed this aoplication. The VICS•CHANCELIAR—In the case ofa patent the par ties are always oblige.l to try the merits of the camel law, before the Court of Equity will ieterfere, and in the mean time the party selling the thing which has been the subject of a contested patent has been directed to keep ac account of the profits. Mr. WAKEFIRLD snrgested that by such a comae the whole object of the injunction would he defeated. 'the Defendant said, tits Court. by continuing the injunc tion, would be itjuring bins by preventing the Isle of the cony now on his hands. Mr. W a KEPIeLD said, that the application of the defendant amounted to this :—lle first declorril a work immoral and se ditious,and then he applied to the Court to be permitted to sell the work, because it deserved such a character. The Learned Counsel observed, that its had not used this argument in the ease, because he wished to meet it fairly ; but he thought the last individual entitled to the protection of the Court was that person who could Invade another's property, and then jus tiry hi- self in such a manner. The Vice-Cuaseera..• a—That re:nark is very true. but the question is whether he has not such a right as he now claims. In ex-parte applications for injunctions all the plaintiff has to do is tb 'hew that he is the author, and that a piracy of his work bas been committed, end the Court cannot judge of the nature of the work until such a motion es the present Is made to dissolve the injunction thus obtained. I am disposed to think that a Court of Equity has no original jurisdiction on these subjects, but is merely appealed to for the purpose of rendering the legal remedy complete. I think the proper course to pursue will be to send this case to a Court of lAw, and then, although equity is not necessarily bound to follow law, yet it will he materially assisted by it in becoming acquainted with the nature of the work. However I will consider this cause, witch I think of the greatest importance. The case then stood over, and the injunction remains until it is again mentioned. FRENCH PAPERS OF WEDNESDAY. PARIS, Ai'atsT 6. ARMY OF TH E PYRENEES.—BULLETIN. " YRS MAJOR GENERAL TO HIS EXCELLENCY THE SEMIS- TART Or WAR. Head-quarters, Trembtoque, July 30. • Monseignenr,—l have the honour to inform you, that the fort of Monznn surrendered, on the 2211 of this month, to the troops of the Royalist Spanish General Santos Ladron, who blockaded it. " The little fortified town of Morella, in the kingdom of Valencie, on the frontiers of Arragon, surrendered en the 20th, at discretion. to the Royalist General Capape. who I.ad invested it about forty days. This fort was defended be 150 men of the army of Ballasteros. " The bawl of Montilla has been attacked and totally de stroyed. These revolutionists, after having /Mowed them. selves in the province of Soria, had passed the Ebro, and piqued by the Trappist, were rapidly marching between Tiebas and Noain, with the intention of passing into Pam peluna, but, pressed by a detachment of the 12th Chasseurs, they retraced their footsteps. While passing the Ebro this band was attacked near Crdreits by Col. Labarthe, who had waren vred for the prec. ding fifteen days to cut off their retreat. lie has killed or takrn 27 men and 19 linr•ws. Montilla having fled, has been killed by an inha bitant of A rguedas. 6' GUI ',LEM I NOT, blajor•General." van THE SIONITEUR.-offiria Part.] The e following letter was addressed on the 3d inst. by the Minister of Foreign Affairs, to the Ambassadors and Mi nisters of neutral Powers :- 1 " M .---,his Majesty having learnt that his troops en• tered Ferrol on the 15th of July, by capitulation, has or dered that the blockade which his ships had formed befoie that place and Coruna; should be raised as to Ferrol, and continue only with respect to Coranoa, according to the usages of war recognised in such eases. (Signed "CHATEAUBRIAND." The following is an extract from a letterolated Perpignan,l Aug. 2:—" We learn that Lloberas and Milans, at the head of 8.000 men, were attacked at Cervera by a corps of from 5 to 6,01:0 French and Royalists, and that, after a very serious affair, the Constitutionalists claimed time advantage. The division of the Baron d'Eroles was at one time in great danger, and would have been cut to pieces but for the pr tnipt succour of two French re , timents. A great deal of sickness prevails in the French Army : It is said that wanly 5,000 sick are in the different hospitals of Catalonia. The illness of the greater part is attributed to the unhealthy situation of the blockading force before Barcelona; and it is even added that this cirtaidistance has induced Marshal Moncey to raise the blockade. This statement, however, wants confirmation. We hear nothing of Mina." Feline's FUNDS, PARtS, Aug. 6.—Five per Cents, opened at 92 ; closed at 92; Bank Stock, 1,595; Neapolitan 5 per Cents. 76a. Exchange oo 'London, one month, 25. 75.; three ditto, 25.55. On, Monday last, Mademoiselle Darnerin ascend ed in a balloon, from the Champ de Mars, in Paris. A few minutes before 9 o'clock, the balloon went off beautifully towards St. Denis. When at the height of about 300 yards, Mademoiselle Gernerin discharged a small quantity of mod ballast, and subsequently repeated that mode of in creasing the velocity of the balloon. It was nearly dark when she had been away tee minutes, so that it was not without difficulty her progress could be traced ; but with the help of a telescope she was seen to release tbe para. ' mute and begin to demand. The place of her denims was at Boarge, soar St. Denis, nearly three leagues distant from the place of her • ascent. The number of spectators is the Champ de Mars was estimated at 20.000 ; those who were placed on the outside in the environs at least at 100,000 —The garden of the Tuilleries aid Luxembourg were also crowded. The prices of admission in the Champ de Mars, were 40, 5, aid t franc. The 40 franc customers were of °Germ not very numerous. The day was exces sively hot, aid the mire of a glass of water tip.* the ground was at one time 25 sous. The balloon was not more than two-thirds Wed s to prevent its travelling to any eons aiderable distance. DUE. ♦IR. DUI. _1.... D 0 I ....RoMind I ....Waterfori•• • . . 0 0— —Hombre 0....0 & Jersey....o L'...Frasee 0 0.... Lisboa 9 0 ...Flinders O. ...siottenburg. • • • 1 IL • • • Malta PRICE OF STOCKS THIS DAY AT ONE O'CLOCK. • Bank Stock 3 per Ct. Red 3p. Ct. Cons 31 per Cent... 4 per Cents... New Fours.. lOO4 5me11.....30 33s pm. Long Ann. Imp. S per Ct Mite imtatelsman. SATURDAY EVENING. AUGUST 9, 1823. STOCK EXCHANGE, 12 o'CLocc—Consols opened at 82a, at which price they remain,with little business doing. Various opinions prevail on 'Change in regard to the fall of Coranna, and the defeat of Bellasteros. The expresses from Paris this morning brought French Rentes at 92. ZAI— Spanish 361—French Scrip, at Paris 2to 1 prem. In our market there is but. little doing in the Foreign Funds. Colombia 664—Rosgian S.sl—Freach Scrip 2j Spanish Bona 311 33. We have received this morning, by express from Rail . the Pilule of yesterday, of which the following are ex tracts:— TELEGRAPHIC DESPATCH, TRANSMITTED TO BAT °NNE, 6 AUGUST AT NIGHT.—The Major General to his Excellency the Minister of War.—The advance guard o f General Molitor has dispersed on the 25th, near °clad': the whole of Ballasteros's Cavalry. On the 27th Grenada was occupied. On the 28th General Molitor completely defeated Canapillu. Not a night has interrupted the des patch. They write from Bayonne of tlie, 3il August, that the Governor of Saint Sebastian bee given a nevi' ve ewer to the flag of truce, scot to him by Marshal Lanricon, to surremler the place. The ilonitcur published to day, a short Telegraphic despatch, upon which we shall make aims observations.— We do not wish to throw doubts on the information it trans mita, but we should wish to give some explanation to our readers, on the subject. We read in the Tele graphic despatch, that the advance guard of General Molitor dispersed on the2sth,near Guadix, the whole of liallasteros's cavalry; but it is to he recollected that the official journal announced, that Ballasteros was on the 20th at Jaen, sur rounded on all sites. Then, bow can it be, that be was on the 25 . 11 at Guadix, which is at a great distance from Jaen . and defeated by General Molitor ? A great number of letters have been received at Paris from the army. They all agree that General Molitor's army covers a great extent of ground, and is too much dispersed to attack the mealy, if lie appears In force. We also read, that on the29th General Molitor completely defeated Campitlo. This is a manifest error. The Con stitutional General Campillo is at this moment with Quiroga in Galicia; and it is almost impossible, he should hav e come to the environs of Grenada to fight. It might be possible that an action has occurred, at a place called Cain pillo, between Grenada and J4ell, and that our troops have hail some advantage. It is said, that a great number of wounded from the army are on their way to, Bayonne. Positive information has been received at Paris, by pri vate letters, of an affair very serious in Catalonia, on the 27th; that the corps of Baron Eroles, was severely ha n died, (forienscat compromise) and be only owed his safety to two French regiments nhich came to his assistance. It is affirmed that the great number of sick in the army of Catalonia, was the cause of Marshal hloncey to retre gado his head quarters. The following was posted upon 'Change, by order of the President: " A Telezraphic despatch, commenced the 6th. and terminated on the lth. The 25th,—Gen. hltditor was near (Nadia. The 27th,—Grenada wss occupied. The 28th,—He defeated at Catnpillo de Anton*, the Ca valry of Ballasteros, who has returned into the nionntains of Cantla. Gen. Foissac Latour is at Villa Cerello. tie. Gera! Loverdo has returned to Guadie, and is in the rear of the enemy, who wishes to come to terms." This news appears rather equivocal. It does not state that General Ballasteros demands to treat, or to make an arrangement; therefore we must wait for further detai ls. Letters from Cadiz, of the 21st, announee that the inha bitan•s agree with the troops, and are determined to defend themselves. (Faun THI ICTOILB OF VIZ 7Til AUGUST.) OH THE HEIGHTS OT CORUNNA, JULY 22.—Since the brilliant affair which has made us masters of the heights, the enemy have not made a movement. We are going to send him some bombs, and before 15 days, in all probabi lity, the tows will surrender. We have received, by an extraordinary Courier, the Ga. zettes of Madrid of the 21 of this month. The Regency has received intorm Ilion from Cadiz, of the 27th July. The King and his august family were in good health. BARCELONA. Jut Y 29.—1 this moment learn that a force 4 contribution of four millions of piastres haa been made on Barcelona by Rotes, who is the Governor, whieb has caused great discontent amongst the inhabitants, We Lear from Madrid, by an Extraordinary Courier, of the 30th July, that the division commanded by the Prince Oeuerallissimobas experienced on his march a storm of rain and hail, the most severe ever experienced in that country. . THE STATESMAIN. ♦*'. " ;.... By the arrival of a mail front aland thiewsorning, we have received Hamburg papers to thi 2nd of 'August, and Dutch papers to the 7th. An article, dated St. Petersburg, July 19th, announces, for the eneourageatent of foreign set. tlerd,an tmperial Ukase,of the 14th i addressed to the Senate s to the following effect : We, Alexander the First, Ac. &r. &c. declare that hereditary and other property, of foreigners settled in our Empire, which bas hitherto been subject to taxes, to the benefit of the impe rial treasury, shall be and remain exempted from those taxes, If they should choose to send it out of Russia. In this rage• lotion, We mean to include only foreigners from those coun tries where similar measures shall be adopted with respect to Russian snbjeets who shall have property there. Another Ukase states that his Majesty, for the purpose of re lieving the Nobility in the Governments which havesuffered the most byihe bad harvests of late years, has ordered the sum of five millions, token from the Loan Bank, to he advanced to persons who shall desire it, on condition of their mortgaging their estates in those Governments, as security for the repay ment. No greater . sum than 30,000 rubles is to be lent to any 030 person. The only other articles of interest in these papers, are the FRANKFORT, Atm. I.—Her Royal Highness the Princess Augusta of England, came hack yesterday from the visit which she has been paying to the Queen Dowager of Wurtem burg, her sister. His Royal Highness the Duke of Cambridge has likewise paid her Majesty a visit. This Prince will go to Berlin to be present at the grand autumnal reviews. Ilnusszzs, Au°. 1. In a letter written by an °Meer of the Staff, in one of the French corps in Spain, it is affirmed that King Ferdinand had, in the molt forcible terms, and of his own accord. disapproved of the conduct of Generals Abisbal and Morillo. His Majesty expresses the highest respect for his Royal Highness the Commander-in-Chief, but does not seem very favourably inclined towards the Regency, whose various proceedings have excited the greatest dissatisfaction in him. — The King and Queen both et•joygood health. Their Majesties are constantly the objects of the respect and attachment of the inhabitants, and of the regular troops forming the garrison of Cadiz. To this lettee was addressed a postscript, written with a pencil to this effect:— Mistrust the helespapers. American papers have aimed to the 11th July, but do not contain any news. • The news of the " fall" of Corunna yesterday, (which was in fact the news that it had not fallen,) has quite en livened the Bourbon scribe of the New Tinos; and, of course, we have not this morning one word about the ex• pretest negotiation. All is " exaltation and confidence" at I I Paris, lie says; and the news of yesterday came " like " a thunder clap on many honest, but credulous friends of " the Spanish cause." Now we are very free to confess, we do sot like the news, as it is; but we must remark that Corunna had not fallen, when the accounts came away; bat that on the contrary, the Spanish heroes still left in the town, kept up the defence in the most gallant manner. Wisest we dislike of the news, is the coming of General Quiroga, and General Romano, to England. What business have they here? Sir Robert Wilson, and General Vigo, are said to have gone in the first instance to Vigo ; and, that finding the place incapable of defence, the Spanish officer had gone to Bayona In Galicia; and Sir Robert was endeavouring to reach Cadiz. As his wound incapacitates him from personal exertion, this is probably the wisest plan ; but with so many ways open for Romago and Quiroga, why were they there? and, more particularly, why is the latter here? The Bourbon scribe Is so delighted with their abandon ment of their post, that he says they have acted wisely in com ing away. They will feel all the bitterness of this reproach. The New Times triumphantly exclaims, that there Is now no thing left of the war in Galicia, " but the frantic and hopeless struggle of a few hundred militia." Well, let it be so; the treason of Morillo has prevented the due defence of Galicia ; hut it is not yet conquered; it is not yet bound In the Bourbon fetters. There are yet " a few hundred militia" in arms ; and though the slaves, who cannot appreciate the glory of atrug sling for freedom against a superior force, may call their re sistanee "frantic and hopeless," yet there are who think other wise ; who deem that he who falls last in defence aids hom2 and his country against the murderous invader, is the last of a race of heroes, whom the historian shall consecrate to the admiration of future ages. America, in her memorable contest for liberty, bad many darker hours than Spain has yet encountered; but she triumphed, because there were " a few hundred militia" determined to continue a contest which was for years called " frantic and hopeless." Our slavish scribe, says, the intelligence gave bins no surprise. This is false! It did surprise him. We are certain that be actually capered for joy, and threw up his wig, and toasted success to the infernal principles of despotism in an extra bumper. He must have been surprised. The slave could not have hoped that Quiroga would have been in England, instead of falling gloriously on the ramparts of Corunna. He could not have hoped, in his wildest dreams, that "a few hundred militia would . have been left to perish without their leaders. And, above all, he must have been surprised that the vessel which brought the news of this desertion of the office's, had not brought the news of the fall of the town! This cunning fellow says, "a bare in spection of the snap had convinced him that Corunna could not hold out long. He is like an eel in slipping through your fingers. His position was that Corunna would not be defended; and he has been constantly insinuating, in the absence of direct information, that it had fallen. Against a reprice siege, with an adequate force, no one imagined that a long defence of the towu could be made. We only calculated upon the disposition of the people to resist. of which we wanted the evidence that they would defend i t to the last possible moment, and destroy as many of the enemy as they could. We expected no more; and this evidence we have had from the Scribe himself, who proves all we expected, and much more; for he really dr mutative, that " the few hundred of frantic militia" have done more in the defence of the place, than Sir John Moore with as many thousands of British veterans would undertake to do. He quotes Sir John Moore, Sir John Hope', and the bulletin of Marshal Souk to the following effect Sir John Wore says, " My position in front of this place "'(Coronas) is a very bad one: this place, if I am forced " to retire into it, is commanded within muskd got ; and " the harbour will be so commanded by c annon on t h e "coast, that no ship will be able to lie in it." Sir John Hope, in his despatch of the 18th of January, 1809, says. " The enemy pushed his light troops t,wards the town ; " and shortly after occupied the heights of Santa Lucia " which command the harbour." Lastly, the 31st French Bulletin says, " On the 17th, at day break, we were masters " of the heights which command the harbour of Comma. "and our batteries played on the English convoy. The " consequence was, that several vessels could not escape, " and were taken on the capitulation of the town." Our readers know the result at that period. After a murderous repulse of the French army, the English troops effected with difficulty an embarkation, and the French were mas ters of the place, though defeated before the walls, in some four-and-twenty hourr; though it was then possessed of every possible means of defence. On the present omission. the French, are led by treason to its very gates some months before they ought to have been expected. The means of its defence were scanty ; time was wanting for the or ganization of what means they had;.---they were not numerous enough to take up positions before the town ; and yet they held the French at bay from the 14th to the 31st of July ; and the place had not then been sur rendered. The French force has been materially decreased; and, upon the whole, though we could have wished for a more exemplary result, in favour of Spanish perseverance. and though we blame the retreat of the officers, while the soldiers were disposed and able to resist, even for soother hour, we are satisfied with the defence of Corson.. It was the first check to the regular progress of the French ; and will form a subject of exultation to every Spaniard con• cerned in it. Besides, we cannot overlook the fact. that we have yet no intelligence of its fall. It may still he de fended.—lt is not the first time that the spirit of the Span. ' ish peasantry has prevailed, when the nobility of Spain who now bend the knee to a Bourbon, bent still more ab jectly before a Buonapart.— When •LL was NOBLE, UDC nobility! None hugged a conqueror's chain, save Linen chivalry, Tie slavish print alluded to,which would call the Spartans who bled at Thermopylae, " frantic and senseless fool'," mays" the poor senseless creatures left behind at Vorunna, " are probably too ignorant to know the whole extent Of " their danger." Does he mean to insinuate that the ban. ditti which assail v will scalp, or eat them ?—or that they will lie gibbitted like felons, because they have dared to defend their country better than their leaders ? If this is not meant, in what can their ignorance (insist ? We pre some, that as soldiers, they know that balls will kill, or wound, if they happen to strike them :—by their use of arms, they know that their enemies are no more involver• able than themselves ; and perhaps they recollect that the more they destroy, the Iris there will be left to keep them in captivity. We have now looked as close as we can at the worst aspect of the intelligence, as it darkens the hopes of the . Spaniards. We have now a more pleasing task to girl from the Spanish accounts, their own view of the nature of their situation. From tatters direct from Corunna down to tiro o'clock on tire 30th of July, we are informed they had no fears for the inamediale bartender of the town. The French had made no impression upon the works. It is admitted they might do so, when their batteries were mount• ed; but there were still the fortifications of the old town to retire upon, which were beyond the reach of the batteries ' on the heights. The greatest enthusiasm prevailed among all classes; and so little were the attacks of the French fear ed, that the very women refused to leave the town. out of any 'dread of them. The loss of the French on the 14th and 15th discouraged them so much, that they had done nothing more than fire at a distance, and waste their ammunition to no purpose, except to produce some casualties totally useless to their cause. They bare do murder of two female children by the recoil of a ball, to add to the laurels of Prince Hilt. On the 234 General Board( made an attempt to induce Quiroga to surrender the tows, to save the effusion of blood ; —which was answered by an indignant retort that the blood of the unoffendieg Spaniards would lay upon the heads of their unprincipled invaders. On the 24th, Gener-I Quiroga issued a general order, in which he expressed his eetermination to remain; and though his departure is not satisfactorily explained 0 us, the statement current this morning, that he has bees ordered to Cadiz, to command the reserve in Andalusia : and that, under the circumstances of a French blockade, it was the readiest course to come by the steam-boat is - England. and embark from hence to Gibraltar,—gives es reason to hope that neither fiat nor treason instigated his conduct. A morning paper states that he reached London, and has agaio left it for Falmouth, to embark for Gibraltar, and by that means reach Cadiz. The Muncipsl Diary of Corunna, of the 30:h July, has an energetic std• cle on the state of affairs, in which no allusion is • made to Quiroga ;—but had he left it without es• tiafying the Authorities there, he would doubtless have been blamed. General Vigo and Sir Robert Willa went to ascertain the possibility of the defence Ole against a threatened attack by Morillo ; and found that ii was not defensible, except, by a larger force than it em deemed wise to lock up in the place. General Vice the' went with tire garrison to Rayons; but whether Sir Riled will accompany him, or not, is not ascertained. We har t omitted to state an important circumstance, that provisiesa are not yet scarce in Corunna; and that the Magazines we " untouched. The blockade consists only of 1 ship; sad a I. tter;of the nigh, anticipates no possible impreasion upon the place, unless the French obtain very oonedable reinforce manta; and even then, not without a determin ed s de-perste resistance. May HOW* prosper the rai on which it inspires in so good a wive: Tile nomnoind of ' b garrison has devolved upon Werra' Novella. tinier I ) 1