The Statesman. — London, England, 1821-07-06 00:00:00

I 1 • 1.. THE CATHOLIC RIQUISITION. —boo-- EPROM TR, DUBLIN MORNING POST, JOLT 3.j The Requisition for a Meeting of the Catholics of Ire land," for the sole purpose of voting a Congratulatory Address to his Majesty, was draws up on Friday even im. In two days it has received the signatures of Lords Fingal, Netterville, and Oortnamstown, the Hon.'Messrs. Preston, Hon. Mr. Barnewall, Hon. Messrs. Sotsthwell, Sir Edward Bellew, Sir John Burke O'Connor Don, ',- feral Barristers and Country Gentlemen, with nearly the whole of the respectable Catholic Mordants of Dublin. pes of the Requisition lie for signatures at the offices r . Thomas Mac Donnell, 12, Temple-lame, Messes. berlaine, 8, Fownes's-street , and Messrs. Molloy , pr. The following is a Copy of the Requisition :-- „ To NtcaoLas Puaceu. O'GoaMAI, Esq., Secretary to the Catholics of Ireland. " We, the undersigned, being of opinion that ft would be inexpedient at the present moment, to connect in any manner the general question of Catholic Affairs with the object of voting a Congratulatory Address to hie lire done Majesty, on the auspicious event of his visiting this Country, do hereby request you to convene a Meet ing of the Catholics of Ireland, ' for the sole purpose of voting such an Address, to be held at Dublin, on Satur day. the 14th day of July Instant.' " Oentlemen residing in the country, desirous to have their manta affixed to this doesmeut, will, of course, di rect their friends in Dublin to have it done forthwith. THE SPURIOUS REQUISITION ! The reader will see that we have not erred in our title, when we state, as an actual fact, that a very large portion of the names affixed to the document, which we have called " Spurious," were obtained un der a false pretence. They were requested to authorise their names to be put to a Requisitionjor an Address to Ms Mug i all being of one mind upon this in teresting subject, they willingly gave their assent ; but when these persons afterwards saw their names in print at the foot of a Requisition embracing matter sufficiently comprehensive to occupy a month's discus sion at least, and very likely also to produce a torrent of acrimonious vituperation, and a revival of party distention, among Catholics, they became indignant at the deception put upon them, and have withdrawn their names from the spurious document. Among those who have signed under this false impression, we are authorised to name the following highly respecta ble Oentleinen :—Dr. Sheridan, Dr. 'feeling, Mr. Sweetman, Mr. Anthony Clarke, Mr. John Power, Distiller ; 31r. Woodlock, New-row ; Mr. John Phe lan, Thomas-street ; Mr. John Dwyer, Timings-street, We know that there are many others, besides the abort. ('ROM flit DLAILIN EVENING POST, JULY 3.) We stop the Press to announce that At an Adjourned General Meeting of the Roman Catholics of Ireland, held this day at D'Arcy's, Corn-Exchange Tavern, COLONEL HILL( IN Tilt CHAIN. Proposed by Mr. O'Comfau., and seconded by Mr. " Resolved, That being desirous to obviate ell appear ance of Disunion, as far as relates to a subject upon which the Catholic People of Ireland are unanimous— namely, the paying a Tribute of Respect to his Majesty, that we do declare it our decided opinion, that the Business of the next Aggregate Meeting be confined solely to the best mode of expressing Catholic Allegi ance and Respect to our Sovereign on the auspicious event of his coming to this Country." Carried unanimously. The Thanks of the Meeting were voted to Colonel Nelly, after which the Meeting adjourned to Saturday next. We congratulate our Countrymen on the concilia tory tendency of the above Resolution, and sincerely hope that the same wise and moderate principle may always prevail in their deliberations. PRICE OF STOCKS THU Bask Stock 3 per Ceut. Red. 781 7 04 Sper Cest.Cos.76l 3i E DI r $ per Cest. 4 W r CMtn. 96 44 6 per 1.131ey10E14 Ex. Div. p..r I es . 1731 7.4 L.,spr Ass 191 imp per Cost. Irish S per Cent. On 91 DAY AT ONE O'CLOCK. ladle Stack Ditto Boada --s. 461. pm Saith-Sea Stock South Sea Old Ann. 4s. Ss. is. as. pm. Osmium for Money pa Bank for Amami India for ditto Con. for Aoet 7$ 711 Lott. Tickets 94/. 19s. NIGH WATER AT LONDON-BRIDGE TO-MORROW. Morning 613 in. after 6 ;—Brealng 90 ta. altar 7. Inc atataman. SI ?NB BRITIAN STATRIIII AN" IS INCORPORATED WITH " TEO ITATESNAN." LONDON: IPUTDAT ETENINO, JULY 6, 1921. --....-- The Funds opened at 771 this morning, since which they have been sellers at 77g. Yesterday, according to the appointment we previ ously announced, the Privy Council assembled at Whitelall, to hear her MaaEIITT'S Counsel in behalf of the lavesx's legal right to be crowned with the Kt xa at the approaching Solemnity of the Coronation. The Commit-table was surrounded by a larger number of Privy-Councillors than hare attended for many years; and the QUEEN'S ATTORNET•ORNRRAL was heard for nearly three hours in support of her MA .IRSTT'S Claim. The Speech of Mr. BROUORAM, which we hare given at length in our preceding columns, was replete with very curious matter, and very close and highly interesting argument. The object of the Learned Gentleman was to sbew that the claim of the Qt rex to be crowned was established exactly upon the same legal ground as that of his MAJIGTT'S right. The ground be assumed was that of uniform, uninter rupted practice, in the sense in which be thought be should be permitted to avail himself of these terms in a Court of Justice, and in which he should be justified in establishing out of them the legal existence of any pri vate right. Such interruptions as had broken upon the uniformity of the practice, he maintained did not af fect the nninterrupted right, but, in his estimation, rather sanctioned and confirmed it. Mr. BROUGHAM then proceeded to trace the practice through the re cord. of history and other authentic esemorials, in all the reigns of the married English KINGS, from the times/ the Saxons, in the year 784, to the period of the ltevolution of 1688, after which, u ths Learned Uesdusaa said, their Lordships were aware THE art TEE; all Quarts Consorts bad been crowned, as a matter of course. Adverting, in this stage of his speech, to the ease of the present Qugax, he maintained that the proceedings which bad lately taken place with regard to her MAJISTT, left her claim as perfectly valid; as if they had never occurred. Wherever proceedings failed, the person charged was entitled to be consi dered as innocent as any against whom no charge had been made. It was a maxim of English jurisprudence that the law knew no distinction between the absence of complete legal conviction and complete innocence. At this period of the argument the Council adjourned to this forenoon. For the proceedings of the present day, to the time our paper went to press, we refer our readers to oar subsequent columns. Extract of a letter from Madrid, June 19:— Accounts from Cadis state that 62 vessels, laden with Colonial produce, bate entered that port. It is report ed here that the King wishes for the resignation of the Ministers of War, of Marine and of Justice, and that some persons have been arrested this evening.— Another rumour that prevailed this morning was that the King was going to take the waters at Sarcedon, dating the recess of the Cortes. The time assigned for this journey appears to agree with that which bad been mentioned, for a great eruption Ito take place. It is also said that the Guards de Corps are to assemble on the road where the King is to pass, and cause him to put himself at the head of a counter revolution. The Captain General of Estre madam (Portuguese) bas written to the Captain of the Spanish neighbouring district, that ►e has sent troops on the confines of both territories, to parse and arrest the Spanish rebels. We understand that shortly the Ministers will publish according to the orders of Isis Majesty, the convocation of the Cortes. Of 1700 convents which formerly existed 800 have bees sur prised, but there still exist 19,000 friars on the Peninsula. All the last accounts from Spain represent the capital still as subject to alarm, but free from any actual dis turbance. The interior of the country appears to be more tranquil than of late; and MERINO and other similar partizans, though so far fortunate as to escape being taken, are not formidable enough to be objects of serous apprehension. The bands which appear at present to occasion the greatest concern, are those of smugglers. From the prohibitory system which the Cones introduced in their infancy of legislation. with a view to the encouragement of their na tive productions, a Contraband trade has arisen, cbieay through the medium of Oibraltar, to so extraordinary an extent, that the usual channels for commerce are aban doned. This is more particularly the case in sosthoca ports of Spain. from whence com plaints and applicant's for redress are transmitted in great numbers to the alpha' :—but It is by no means a new pursuit on the part of Spanish sailors on that . portion of the coast. We recollect, after our fleets re turned from the blockade of Cadiz during the war, t have heard the officers relate how much they were amused every morning with the chase of time petty boards Costes after the smuggling boats. There was not a British ship of the line that had not several of those smuggling vessels in attendance on them, by which they were daily supplied with vegetables and live stock from the shore, for which they were paid partly in money, and partly in tobacco, sugar, and such other articles as were in demand in the contra. band trade. When perceived at day-light near the shore, the small Spanish gun-boats were immediately in pursuit of them ; and they as promptly made off to seek protection under the guns of their national enemies, but personal and particular friends, the English of the blockading squadron. At present, however, the regular Spanish merchants perceive no amusement in this sort of intercourse, but after the example of the English in their own country, are en deavouring to put down the illegal traffic by force and to punish those severely by whom it is conducted.— Whether the means they are disposed to try will prove successful, is matter of much doubt. The temptation of large profits appears likely to be too strong for their efforts. The most effectual and immediate method would certainly be the abandonment or relaxation, on the part of government, of the prohibitory system. It is now expected that the vacancy about to take place in the representation of Oxford, by the eleva tion of Sir William Scott to the Peerage, will not be filled up without a strong contest. Sir John Nichol, it is understood, will oppose, the pretensions of Mr. Heber. When Bonaparte took leave of Captain Poppleton at St. Helena, he presonted him with a snuff box set with brilliants, and said, Adiem, mos ami, roila la sewk bagatelle qui stn rest e. Je rows la presente Vie qwe rows prissier faire your le dose de ma reeosinoisssace apris eta etort. CORN EXCHANGE, JULY 6.—We have had but little Wheat fresh in since Monday, but a considerable . part of that day's supply remained over for this morn ing's market, for which there was only a demand for the fioest samples, at Monday's prices ; all other descriptions were unsaleable, although offered at a reduction of 2s. per qr. —The arrivals of Oats having been small this week, fine fresh corn sold Is. per qr. higher, but on that advance the tratk was heavy.—En Barley, Beans, and Peas, there is no attention. _ _ - -- --- -- SMITIIIIILLD MARINT:The supply this morning at market was not sorest as this day week, in consognence of which all descriptions of cattle maintain the prices of last market day. (To sink the offM ; per Stone of Abs.) Beef . •.. Ps. I& to 44. Od. CATTLa At NlAllan. Milltol.. Si. Id. to U. Od. Beasts Veal .... da. Od. to lb. OL Wises . NO Pork .... de. Od. to is. N. Sheep sad Lambe ....w7,100 Lamb.... da. IL So b. N. Pins HATMAIIIRT.—Tbeff IS lb alteration in the Op of Hay.—. Straw and Clover as per oar last in price. ..N; THE QUEEN'S CASE. PRIVY COUNCIL.—this DAt. At 10 o'clock this morning, the re-hearing of her Majesty's Counsel in support of her asserted claim to be crowned at the ensuing ceremony of the Coronation, took place at the Privy Council. We observed at the Council table.— Their Royal Highnesses the Dukes of York asd Clarence; and within the railing the Lord Chancellor, the Lord President of the Council (the Earl of Her rowby) ; she Lord Privy Seal, (the Earl of Westmor land), the First Lord of the Treasnrr, (the Earl of Lirerpool); the Secretaries of State, Ole Marquess of Londonderry, Earl Bathurst, and Lord Sidmonth) the Master-tieneral of the Ordnance, (the Duke of Wellington); the Earl of Lauderdale; Sir Charles Long; the Lord Steward, (the Marquess of Cholmos &ley); Lord Chamberlain, (the Marquess of Hert ford); the Master of the Horse, (the Duke of Montrose); Mr. B. Bathurst; Mr. Wellesley Pole ; Mr. Peel ; the Lord Chief Justice Abbott ; the Chief-Baron ; Chief Justice Dallas, sad the Master of the Rolls; and Sirs W. Scott and John Nichol); the Earl of Donoughasort ; Lord Melville; Lord Amherst: Lord Binning: Lord Teignmouth ; Lord Yarmouth ; Mr. Robinson ; Mr. Wallace; Mr. Tierney; Mr. Beckett; Mr. Ar buthnot ; Mr. Haskisson ; and many other official characters were present. Sir J. Mackintosh, Sir O. Hill, Mr. Calera*, and several other Members of the House of Commons, were among the spectators. At the end of the table stood M:. Brougham and Mr. Derman, her Majesty's Attorney and Solicitor-tienerals, and Dr. Lushington. Mr. Wilde and Mr. Williams were is attendance, but not in their forensic habits. The King's Attorney and Solicitor-Oenerals sat near the Lord Chan cellor, at the opposite end of the table. The crowd of strangers was much greater, and the pressure, on the doors being opened, was tremendous. The utmost confusion prevailed for several minutes. As soon as silence could be obtained, at half past ten o'clock, Mr. BROVOHAM resumed his argument; and con-1 tended that be had yesterday shewn from an unbroken series of Queens, before and since the Norman Con quest, that Queens had been crowned ; and then ar gued that as the origin of either ceremony for the King and Queen watt lost in remote antiquity, so it ought to be held in the one, as in the other, that the uniform usage now constituted the right. This he contended, from the analogy of proof in the Courts of law, would be held as sufficient to maintain any private right. He contended that his cases 'hewed the cere mony for the Queen to be integral and distinct, and not an auxiliary to that of the King's Coronation. The Learned Gentleman then began retracing his Historical argument of yesterday, and spewing this from the casts he had mentioned. This branch •f his argument was pressed chiefly on the Common Law, as expounded and declared by the Statute of fitd ward 111., declaring it to be High Treason to vio late the Queen Consort •r the wiftsoof the Heir Apparent. The object of this Statute was to pre veal the contamination of the Royal blood ; and he contended, that the public ceremony of the Queen's Coronation was essential, in order to point out legally and constitutionally, the personal object of the Statute ; lest in the eye of the law a spu rious race might contend for the succession to the Throne. The circumstance that her Majesty might be past the age of child-bearing, could not affect this argument, as the law never presumed this case; and the Statute guarded the bed of the Queen Consort down to the last moment of her existence. The Learned Gentleman then proceeded to cite a variety of l cases in which the rights of individuals were clear, although they could not be obtained except by peti tion to the King. He particularly put the case of an eldest son of a deceased Peer, who was entitled to the dignity held by his falser. But he would put a still stranger case. Suppose on the dis solution of a Parliament, the King's Ministers Deg ' !teed to call another within the time limited by law. —They would be liable to impeachment, but as this could only take place in a Parliament, the subjects must necessarily Petition the King to summon one. And would it then be argued, that the people, in such a ca.., had no right 'to a Parliament, although they could obtain it only by Petition ? The application of these cases shewed that her Majesty's right was not weakened, because she could obtain it only by petition. IThe Learned Gentleman, after a variety of legal references in forsher support of his argument, Concluded by ,expressing his hope that future ages would be enabled to sit in judgment upon the law yers of the 19th century, without supposing that they had been influenced in their decision by any reference to past animosities, and that as this would be the first judgment upon so important a question, posterity would not be compelled to refer to those contentions for the purpose of explaining a judgment, which would otherwise be rendered unintelligible. Mr. DaPIMAN followed Mr. Banconan in a speech to which we have neither time nor space to do justice. He should compromise the right of his illustrious Client, if he asked their Lordships decision on the ground of favour ; and on the other band he was fearful that if he spoke with that boldness which be felt, be should presumptuously anticipate their Lordships judgment. The Ceremony of the Coronation of the Kings and Queens of England was to be viewed in various lights. It was at once a solemn compact and a religious cere mony ; and with respect to that part of it which consisted of ceremony alone, nothing had, and nothing should be beard from him in the slightest degree dis respectful. The Learned Gentleman then procee4ed with great clearness to support the argument of Mr. Brenham, nentending that the Coronation itself was foesdad is atom as a necessary attendant apse .a Mosarebleal Comment. That as a cotes, it must be taken with all its incidents and all its inconveni. encee ; and that no rile of law was so clear as th which laid down that no man could take the benefit without the conviction. 'I o shew that the Coro nation of the Queen Consort came nithin this position, the Learned Gentleman went Into an elaborate examl• nation of the English History, from the earliest Saxon accounts. The great body of authority oa this 11.•a•t was, he contended, in favour of the right. From the conquest he cited twenty-seven instances of the Coronation of English Queens ; and in remarking upon the instances where a married King of England was crowned without his wife. h • sliest ed some circumstances explanatory of the omission. The case of Henn• VIII. for instance he II ht not an adriseable precedent to he cited nit!' respell tea Ki•ig's conduct towards his wife. Resides three of has four wives, after the beheading of .% 1:91 Boleyn were his subjects before marriage, and they might feel dis • posed not to insist upon the right. The fon: th (Anne of Cleves) was his wife for a very short time, and was glad to give up the office. There was, however, an earlier instance of Otis omission In the case of the first wife of Kirg John, who cer tainly was not crowned with him; hut this was ex pleined from the circumstance of an Archbishop bay ing declared the marriage illegal on the ground of consanguinity. The case of Henrietta Maria, the wife of Charles the First, was easily explained— she was included in the Proclamation; but she was a Catholic ; she was unpopular ; she waived the right, and the waiver was a powerful argument to shen• the existence of the right. It was the misfortune of he present Majesty that sbe could not waive this right wit h out submitting to ungrounded imputations on her honor. The case of the wife of George the First, was entirely out of the question. She was divorced before the Co ronation of her husband ; but had that King married again with any continental Princess, there was no doubt that her relatives would have insisted on her public Coronation to remove all doubt.— Much might be said in this part of the case upon the propriety of crowning her Majesty, not, indeed, to r:'- wore doubts, but to remove surmises. It sometimes happened that rumours of an unhappy nature were dis seminated among the common people, he felt unwilling to allude to those rumours, but wherever they did ex ist it was at all times necessary to act, so as effectually to remove them. If it were said rt. instance that a private marriage existed in such a case this ceremony of Coronation became the more ne cessary, to shew dearly which was the lawful wife. la further support of the right the Learned Gentleman referred to Selden's Titles of Honour, Rolle's Abridg ment, Conlyn's Digest, and other works of celebrity in the English law. On the first he relied, from e minuteness with which the Learned Author had de scribed the right of the Queen Cousort, and the part she took in the ceremony of the Coronation ; and he referred to the others to shew, that assuming (for the argumeats sake) that the Queen was not a Corporation, yet that her station was that of a public functionary, with privileges and offices attached to it by prescription, and which privileges and offices, though obtainable only through the Crown, could not be taken away. if the right in question existed, a refusal to grant it would destroy the force of the approaching ceremony, and weaken that allegiance which it was intended to strengthen ; because the refusal would be a violation of that very custom upon which the Coronation was justified, and from which it derived much of its effect. Suppose for instance, the King were to make an order to exclude all Peers from the ceremony. Would not this be a violation of the established custom, and consequently render nu gatory a proceeding which derived its force front that previously established custom ?—Yet, was the right of her Majesty, he contended, as clear as that of any Peer of the Realm. It was custom alone which enabled Jurors in many cases to sit in Judgment upon the lives of their fellow subjects ; and it was custom alone which ensured to every subject the possession and enjoyment of his property. Upon custom, therefore, I oig established, and enjoyo►ctnt rarely interrupted, did he found his claim on the part of his illustrious client, contending that where this enjoyment was interrupted, it was capable of explana tion, and that this explanation gave increased weight to the claim of right. It was demanded as a right; because if it was a favour her Majesty could neither ask nor accept. " Would to God," said the Learned Gentleman, " that her Majesty was in a situation either to give up the right or accept the fsvone It was impossible for a moment to suppose that be cause most of her illustrious relatives were dead, be cause her father-in-law could no longer take her under his protection, and because no earthly power existed to enforce her claims that Englishmen were less alive to her interests, or less disposed to do her justice. If her rights are in this instance to be set aside, what are the evils likely to result from such a decision ? It is obvious that the Coronation rests on custom only. Why! the Crown itself rests on custom. Why do we submit to be governed by a King ? because that office has existed time immemorial. Ent then we must take the office with all that belongs to it ; with all the dip skies and rights it confers. Why do Juries dispose of the property and persons of the County ; the right is only derived from custom. All property Is derived from prescription or prescriptive rights.— It was the duty of the Queen not to let the rights of Queen Consort to suffer, not only on her ou•n ac count, but on account of those who have to come after her; and no injury can be sustained by her which may not, in some degree, refer to any individual in the realm. He submitted that he bad made out such a ease as could nut be got over by any Court of Justice. —The claim was put forth by her Majesty in self-defence; because she could not forego it without sacrificing her honour ; dearer to her than life itself. Had she been content to purchase tranquillity with the loss of that honour,she might have done so ; but she re fused with that magnanimity so peculiar tuber character. Ho rested her case with confidence in the hands of their Lordships. Her Majesty /poked forward to thee decision with equal confidence, and without me picion ; and she would at all events meet their jadg- • meat with perfect resignation. The Court was then adjourned un►il to-morrow ; it being first understood that lathe Interim her .Majesty's Counsel were to be furnished with copies of certain search, the inspection of whkh they considered neees eery. , I