The Statesman. — London, England, 1809-07-13 00:00:00

- l'i) THE EDITOR OF Tall STATESMAN. Si R l Perceiving with indignation, that the ad. rucates of the present corrupt system are endea. inuring to impriis upon the public !rind the idea that the resignation of the Duke of York was oc. rasioned by the efforts of a band of conspirators, and not by the opinion of the People of England, firming its judgment on the evidence, as it doily st: cngthened in the course of the ecquiry ; I chat. lenge any advocate of his Royal Highness to yin. dicate his conduct, and pl,..dge myself to !thew, that, totally abandoning Oa credibility of Mrs. Clarke, there was ample e;:idence to prove the connivance of the Commander in Chief with his " darling" mistress in the disposal of Commissions. Considering that, as far as the character of his Royal Highness is concerned (and consequently the propriety of his resuming his lute situntion )9 the true state of the question is, whether he was convicted upon sufficient or defective evidence, I have offered to those who lament his degradation the means of restoring his fallen character; and to Englishmen, ercr just, an opportunity of reconsi dering their judgment, abstracted, in a great mca. sure, from the temporary influence of opinion. Let the defenders of the Duke of York profit by the challenge, or no longer basely prostitute their pens t mislead. I am, Sir, &c. L tam, Bth Jed?, 3809. Y. NAVAL. INTELLIGENCE. YARIEOUTH, JIMT 11.— Arrived a rrer.ch private:r of four guns, cut out of the Eons In the hum u: the i:erwsor gon-hrig, she had made only on.' rupture, w ith whit h she got home; the crew tiesertot from her; also arrive.' the Vises gwo-brig, and in the Roads with the Roebuck and Havoc. INHI A %II I PPING. The Purser of the ship Sir stephen Lushi❑{ton landed at Lymirigton yesterday morning, and left the following ship off the I•k'Af Wight, viz.:—William Pitt, Hugh Inglis, Earl Vioreat, Harriet, Sir William l enlec, lluddart, Indus, Northumberland, Euphrates, Sovereign, and Lord Eldon. The Sic Stephen Loshington tailed from Madras the lit of March, arrived at St. Helena the 3d of !Wry ; found there the above-rwevaimed •hips, under convoy of his Majesty's ship Gamins, and the Terpsichore frigate; sailed for Eng land as the 10th of May. The Calcutta, Bengal, the Lady Jane Ditridas, and Jane Duchess of (iJrdon, parted with the above d.et ulf the Mau ritius in a severe vale. The Curtin:lls, outward-'.round, arrived at St. I(dena, the sth of May, with his Majrvt)'• ship Nasvau. Tyr• Lady Castiereagie, outward-bound, arrived at St. He lena the Fth of May. The Sir Stephen Luvhington h ' at Madra• the Ocean, Union, Tottenham. and General Stuart. The Asia and Walillamstow Mid sailed from Madras for Ceylon, the 11th of Febraary. The Earl St. Vincent left Bombay on the ?Ist of Januar), with the Huddart mod Lord Eldon (too of the above ships), ami strived at Point de 1 a k on the ilth of l'ehruary : she there rotted to' shipsooder the protection of the Terpsichore ; on (h . !' 14th, weighed and stood in to meet the cinnamon ships from Colombo, viz. William Pitt, Jane lloadn;, and Duchess of Gordon, which joinLd ou the Intb. when the wnole deet proceeded on its voyage, conveyed by the Admiral (who had arri►.d at Calk in the Collodeu ou the 12es) along with the Terpsichore. . The Culloden brought from Penang an account of the di,- pate in Chinn being settled, by our havirg withdrawn our troop. from Macau, upon condition that the Chinese should cot admit the French. Admiral Driary had proceeded to Madra• to avame the Finial command. in India. The Bombay ships, Milford, David Scott. Friendship, Law gee, Charlotte, Cortina llis, ao4 Jeltanceer, with the Dedaloy, Cawdey, and four Pnrtu gutae vessek, were renting into Malacca, under convoy of the Detlaictietne, and were hourly expected at Gone, when the Bengal fleet sailed. The homeward-bound China Ileet was not to leave Chian before the 10th March. The glory, Laperinsent, and Lord Nelson, had not been heard of. The Ceres, Captain Bruce, had been captured by the French, and retaken by the Nereide, and brought into Table Bay. Too of the enemy's ships were said to be erui/ing off Pal loman-0, ja the Chinese Seas. asith a sien to intercept the China fleet. Two 7 r and several frigates have gone to look after them, and to canine on that stntion to protect the trade. SPORTING INTELLIGENCE. NEWMARKET JULY MEETING, 1809. WEDNESDAY 12 9_ JULY ._ _ _ Mr. Vonsittan's Cam comb. set. 101 b. beat D. of Graftoa's Detrital, 7". Ab. IL algs. h. R.—:l to lon Curr)eumb. Mr. Yamittart's Currycomb, tkt. 101 b. beat 14 Lowther 's Yellow Hammer, 11M. 51h. First half of Ab. M. 100 gs. h. ft. —tl to 8 oo Currycomb. The July Outlands of 50gs, etch, h. ft. Across the Flat. Mr. Wilson's Miss Sophia, 4 )13 OM, af t. 21b. - 1 Lel Burr. mores Angiolini, 3yn old, fist. sib. - 2 IA F. G. Osborne 's Poppy, 3 rrs old, fist. bib. - 3 1). of Rutland's Ned, 4 yes•l4 IW. - - 4 IA Lowther's Pekoe, aged, 9st. 41b. - - 5 And three paid. b to ?apt Sophia; 9to 2 art Ar.g . ..otini ; 2 t..) I apt Poppy; 8 tol 44,1 t Ned. The followire basin declared forflit is the time pre:crill ed,arr to par milt/ lop. each : bhp- M ikon's luutper. 4 yn old. 91. 7 ih. Ld .1. re's Langton, aged, 9st. lib. 14 Lou titer's ch. g' . Yellow Hammer, 6 yr< old, Est. 71b: 14 F. C. oshonte s Noralt, 5 t r- old, tist. ;lb. lolr.M il.odi .boallbope , , by I lamilletoni. - m, '1 r. 4 old. 7.t.`.flts. 11. of t ;raison', f. by Sorcerer, out of Peppermiut, :i yva old, tibt. slh. Fifty Pounds for 3-yr old; carrying 6st. 91b. l-vr olds Sst. _ 1.-sr Md.; it. Slb. (1-yr olds gist. 12lh. and aged 9 st. D. I. Id Jersey'. h. h. Langton, aged - - 1 D. of Cr: fton's h. m. Vanity, 6 yn old - 2 14 F. G. Osharne's ch. m. Nord's, 6 )n old - 3 HAjor 11 ilson . 4 cit. 11. Juniper. 4 yn old - dr 7 to 4 on Langton ; 3 to I apt Vanity. D. of Rutland's Salrator, 80..1i1h. iwt Sir C. Turner', chlorit, Sot. 21b. First half of Ab. M. 20Ogs. h. ft. Od by kow.ent. Mr. Payne's e. by Wary, out of Tarantula, ree. ft. from 14 F. c. Osborne s b. c. (dead) by Shuttle, out of Drowsy, tot. .21:). each. Two-yr old Course, 100 gs. h. ft. Mr. Thutahill's Ralphino, B*t. 111 b. rec. ft. from Gen. Grostenor's uodnell-Itead, ist. Sib. New July Course, /0011.. h. ft. Jersev's Langtoo est. 131 b. rec. from Get]. Grosvenor's WoodweU:head, Ist. 111). K. M. 100 p. The Helder frigate from •Purtcmonth and Ma. deira, 'Arrived at Barbadues, sth June, with 15 sail u►►der convoy. It is with considerable pleasure we have to an nounce the publication of " I,cs Menwires et Let tr es du Prince de Ligne," forming the continua tion of " Les Lettres et Palsies," published by Madame DL STALL; also of a new and exquisite Novel, from the pen of La FOJITAIhE, entitled " Les Querelks de Farnilk." TILE COURT. Yesterday about 12 o'clock, his Mate re ar. Jived at the Queen's Palace from Windsor, where he was received by the Dukes of Yoar, Cum. BERLAND, and CAM ORIDDF.. At two o'clock his MAJESTY was attended by the Duke or YORK, as Grand Master of the Knights of the Bath, in his full robes, and Sir DA VID DUNDAS, as one of the Most Honourable Members of that Order, for the purpose of investing Admiral KEATS with the Red Ribbon, to which he was nominated at a Chapter holden a few months since. The Admiral was introduced by Sir DAvitt DUNDAS to the Grand Master, and by him to the SOVEREIGN ; when the Admiral kneeling on a crimson velvet cushion, his MAJESTY was graciously pleased to wave the Sword of State over his head, and created him a Knight. He then retired, and was introduced into the presence of the SOVEREIGN, accompanied by Mr. TowNselso, Deputy Bath, King at Arms, and Windsor Herald, and other Officers belonging to the Herald's Office, with the Red Ribbon, and Order attached to it, carried upon a crimson velvet cushion, when bis MAJas- TV was graciously pleased to invest hi:n with the usual ceremonies. After the investiture had taken place, his MAJtSTY held a private Levee, which %ias at tended by The Lord Chancellor, the Lord President of the Council, the l'int Lord of the Trea.nry, the Master-General of the Ordnance, the Tint lord of the Admiralty, the President of the Board of Trade, the three S Trettwies of State, the Chancellor of the Ear',elder, the President of the Board of Content'', the Secretary at War, the Commander in Chief, the Duke of hlnetrose, Earl Paalet (in waiting), Lord Heathfield (Gold Stick); Admiral Keats, Generals Gordon (Groom in waiting), and Brownrigg, Colonel Major Cathcart, Baron de llaerdt, Dr. Ash, Messrs. Gatim and Fawkener. The following had the honour of being pre sented to his MAJESTY:— Gee. Brewurigg, the Quarter-Master-General, upon his going on service. Rear-Admiral Sir Richard Keats, upon his return from the Bailie. Dr. Ash, upon being appointed Physician Extraordinary to his M.sjetty. Mr. Graham, late of the Supreme Coaocil of Bengal, upon his return. fhe Baron de lleerdt, Grand Equerry to his Serene High ness the Prtore of Orange. Maor Cartwright, on his going upon foreign service. Col. Long, upon his appoint.netit as Adjatant-General upon the Staff of the Army, under the command of Lieut.-Geo. the Earl of Chatham. His MAJESTY held a Privy Council, and gave audiences to the Duke of PORTLAND, and the other Cabinet Ministers present; also to Mr. RYDER, as Juke-Advocate, who laid before his 1.1 AJ EST Y the proceedings of several Courts-Mar tial. About seven o'clock his MAJESTY set off upon his return to Windsor. CAPTAIN BARCLAY. This Gentleman yesterday completed his ardn. ous pedestrian undertaking, to walk a thousand miles in a thousand successive hours, at the rate of a mile in each and every hour. lle had until four o'clock, r. N. to finish his task, but he per formed his last mile in the quarter of an hour after three, with perfect ease and great spirits, amidst au ilnumise concourse of spectators. In our Paper of Tuesday we stated, that the influx of com pany had so much increased on Sunday, it was re commended that the ground should be roped in. To this, however, Captain BARCLAY objected-, saying that he did not like such parade. The crowd, however, beeline so great on Monday, and he had experienced so much interruption, that he was prevailed upon to allow this precaution to be taken, and last morning the workmen began to the ground. For the last two days, he appeared in higher spirits, and performed his mile with apparently more ease, and in shorter time, than he had done for some days put. With the change of the weather he had thrown off his loose great coat, which he wore during the rainy period, and yesterday performed in a flannel jacket. He also put on shoes considerably thicker than any which he had used in any previous part of his performance. When asked how he meant to act, after he had finished his feat ? he said he should that night take a good sound sleep, but that he must have himself awaked twice or thrice in the night, to avoid the danger of a too sudden transition from almost constant exertion, to a state of long repose. One hun. Bred to one, and indeed any odds whatever, were offered yesterday morning ; but so strong was the confidence in his success, that no bets could be obtained. The multitude of people nho resorted to the scene of action, in the course of the concluding days, was unprecedented. Not a bed could be procured on Tuesday night at New. market, Cambridge, or any of the towns and vil. lages in the vicinity, and every horse and every species of vehicle was engaged. Among the No bility and Gentry who witnessed, yesterday, the conclusion of this extraordinary feat, were : The Oakes of Argyle and St. Alban's; Earls Grosvenor, Besborouzli and Jersey; Lords Foley and Somerville; Sir John Lade., Sir F. Standisb, ate. dm. Captain 13.tacrAy had 18,0001. depending upon his undertaking. The aggregate of the bets is supposed to amount to 100,0001. The report that Captain SANDOIf has come to a resolution to institute proceedings against Mrs. CLARKE, fur obtaining money under false pre_ tones, we are assured is true; but we understand, that whether to proceed criminally, or by an ac tion to recover his money, is not yet determined. The punishment of Mrs. CLARICE lies very near the heart of the Captain; and the hesitation as to the best mode of proceeding, is understood to have originated in an ingenious question that has been started—Whether the Captain, in addition to his claim for money " had and received" by Mrs. CLARKE, cannot also "go for damages," by reason of his imprisonment in Newgate.—The argument is said to be, that although the Captain's prevarication was the immediate cause of his incarceration —yet, as it is clear, that bad he never known this " Circe," he could not have prevaricated—to her is therefore imputable that sinister event. for which he thinks himself entitled to remuneration. EIM11.1; THE STATESMAN. COURT OF CHANCERY. Wednesday, July 12. -_ _ ~..;_ LAW INTELLIGENCE. ROGERS V. TURNER. Mr. ALEXANDER, on the part of the Plaintiff, applied to the Court, that an attachment do issue against Messrs. Shepherd and Adlinglon, formerly Solicitors for the Plaintiff in this cause, for a breach of the orders and regulations of this Court. In Michaelmas Term last, the Plaintiff obtained an order of the Co'irt, that the costs, due by him to his Solicitors, be referred to the Master, to be tax ed, and that Messrs. Shepherd and Adlington be restrained from any proceedings for the recovery thereof, till the Report of the Master. In violation of this order, as alleged by the affidavit of Mr. Rogers, Messrs. Shepherd and Adlington pro. ceeded to arrest him for the amount of the costs so taxed, the very day after their costs appear to have been signed, as settled by the Master ; but which, in fact and truth, were not signed or enrolled till several days after the arrest. The object of the motion was, to compel these Gentlemen to pay to Mr. Rogers the expenccaof the arrest, so irregu. tarty made. Sir SAMUEL Itommor, for Messrs. Shepherd and Adlington, jubtified the propriety of their con. duct. They had been the Solicitors of Mr. Rogers so far back as from 1797 to the end of 1803; that a very considerable balance of their costs re. maining due, they could not obtain the IMP till now ; that Mr. Rogers, for the purpose of delay, applied for and obtained the above order, and their costs were accordingly settled, after every frivolous objection on the part of Mr. Rogers. That believing Mr. Rogers merely wanted to run them into the long vacation, to avoid paying them as long as possible, they did, the day after the costs were finally settled, take proceedings against him, in order not to lose the present Term. But the affidavit of Messrs. Shepherd and Adlington did not deny that those proceedings were ►aken before the Master's Report was actually signed and enrolled. The Cif NCELLOR said he should inquire into the practice in the Master's Office, as it was cer tainly irregular, if a Report should be actually signed on one day, and yet bear a prior date upon the face of it. Such a practice as that would utterly destroy the effects of the orders of the Court. 11URGESS V. LA)IB. This bill was filed by the remainder-man against the tenant for life, without impeachment of waste, to restrain him from cutting down timber.—Mr. Lamb, deceased, the Testator, had left his estates to the Defendant for life, with remainder to Sir J. B. Burgess. He had also left the sum of 70,0001. to be laid out in the purchase of lands, subject to the like limitations. Of this will, Sir James Bland Burgess, the father of the Plaintiff, was left Co- Trustee with the Defendant, and in pursuance of the trust, the mansion-house and estate of Beau. port, in the county of Sussex, with the timber thereon, was purchased with a part of the trust money. The Defendant, as tenant for life to the whole estates, toff hout impeachment of waste, pro ceeded to cut down a part of the woods on this purchase, and thereupon the bill was filed by the Plaintiff, to restrain him therefrom. The bill es pecially charged, that the said estate was purcha scd on the express stipulation, on the part of the Defendant, with the Co-Trustee, Sir J. B. Bur gess, that the former should not cut down or ewe the timber then growing thereon. The usual injunction, restraining the Defendant from cutting until the coming in of his answer, was obtained. Mr. ALEXANDER now moved to dissolve the in. junction. The answer of the Defendant expressly denied the existence of any such agreement with Sir James Bland Burgess, as stated in the Bill ; but, an the contrary, stated, that his right to the same privileges over the intended purchase, as •ver the entailed estates, was fully recognised by Sir James. It was now contended for the De. fentlant, that even it there could be an equitable waste in the present case, there was no act done by the Defendant that was at all injurious to the ornamental timber on the estate. Sir S. RosittLLy was hoard on the came side. He observed, that the chief ground on which the in junction had been moved for was, because his Client was charged with having cut down wood, which contributed greatly to the ornament of the splendid mansion of Beaufort, and the adjacent gruuuds. Now every tree upon the estate might, in some sort, be said to be for ornament as well as use. In that beautiful part of the country where the estate lies, there was hardly a tree which had not something of the picturesque about it, if he might be permitted to use a term, not in deed known in that Court, but in very general usts among modern artists. Resides, the opi nions of modern improvers of grounds varied so much with regard to what constituted or nament, some being for clumps, and others for scattered trees, that contradictory affidavits as to what constituted ornament, conid easily be produced to the Court. In short, this was a ques tion quite indeterminate, and depending solely on the taste of individuals. There were various sects among the improvers of grounds ; and Mr. Knight had his followers as well as Mr. Brown. The general principle which he understood to have been laid down by this Court was, that a tenant for life was not to be permitted to cut down such trees as had been planted expressly fur ornament ; such as those planted in clumps, in rows, or form. ing vistas. Now his client had not cut down any trees of this description, and therefore he sub. mitted that the injunction ought to be dissolved. Mr. Him and Mr. BILL were heard on the same side. 1 Sir A. PIGOTT, Mr. RICHARDS, and Mr. WE THERELL argued for the continuance of the in junction ; and contended, that either the money should not have been laid out in the purchase of a wooded estate, or else, that, being so laid out, the Defendant, or Sir James, should nut be at liberty to deteriorate the estate, as against the remainder. man, by cutting down and selling the timber. They likened it to the owe of stock left; the in. terest to be paid to the first taker fur life; re. . Jr, ' mainder to another : the first taker would not be allowed to sell out part of the capital stock, and put the produde into his own pocket : •but the Conrt would reserve it entire for the remainder man. The original value of the timber on the estate was 15001. and the Defendant, Mr. Lambe, who wet only tenant for life, had already cut down 11001. worth of timber, by which the estate must come so much • deteriorated into the hands of the neat tenant for life. Mr. Lambe wu a mere trustee of the property for his life. They therefore suh niitted that these trees could only be cut down under the direction of a master, appointed by the Court, who should determine what trees were proper to be cut down, and what not ; and that the produce arising from the fall of timber should be invested in land for the benefit of future tenants fur life, till the whole came into the possession of a tenant in tail, who could do with the property as he pleased. It had been slid that there were various sects among ornamental improvers, and that it would therefore be impossible for the Court to de. cide what was ornamental in plantations, and what uot ; but the conduct of Mr. Lambe went literally, as well as figuratively, to lay the axe to the root of all that on which the speculations of improvers were founded. Were he to be permitted to go on u he had begun, there would soon be scarcely a tree left standing, for he had already cut down timber to the value of 11001. the esti. mated value of the timber on the estate at its purchase being only 15001. In order to put an end to the question between the parties, they proposed to pay to the Defendant such consideration fur not cutting, as the Court should think reasonable, in order to prevent denuding the land, now held by Sir James, by lease from the Defendant, for the life of the latter, and descendable to the Plaintiff. They contended, that, at all events, the injunc tion could not be dissolved, thus permitting the Defendant to cnt down, nithout referring to the Muter to inquire what trees were ornamental, and, as such, not to be permitted the Defendant to cut down ; and the rather, as lie had himself, in the character of Trustee, concurred in the pur chase, on the very ground of its ornaments and ad. vantages, as a residence fit for the successive ta. kers of the estates of the Testator. The LORD CUANCELLOR delivered his opinion at considerable length on various principles laid down by the Counsel on both sides. lie observed, that Lord Thurlow had given it as his opinion, that the tenant for life of an estate, without im. peachment of waste, had a right to use his own discretion as to the cutting of timber. It had been held by the Court also, that to restrain the cutting down of trees in such cues, they must be held to have been planted expressly for ornament, not merely that they were ornamental, which might be more or less the case with every tree on an estate. In this case, however, there might be other persons who had a vested interest in this estate, beside the present Plaintiff and Defendant ; these were future or contingent lives, either as tenant fur life or in tail. As it was the duty of a Court of Equity to protect the interests of all parties, he should therefure wait till next seal, to see whether ally thing was said for such condo.. gent lives. COURT OF KING'S BENCH, Wednesday, July 12. NOLDERO AND OTHERS 17. 'JACKSON. This was a question of accounts between Messrs. Boldero and Co. bankers, and the assig. noes of Mr. Jackson, a bankrupt, who Clad very extensive dealings with this banking.house, on the subject of West-India property. Mr. Garrow conducted the case for the Plain. tiffs, and the Attorney-General for the Defend. ant; it was a case upon admissions, in which none of the facts were disputed. The only question was as to the operation of law on the facts. As much doubt had been expressed in the Court of Chancery upon many of these points, as the snm was considerable, and as none of the parties wish. oil that the present decision at Nisi Prius should be conclusive, his Lordship assented to its being turned into the shape of a special case, to be ar. gued before the Court of King's Bench, and there fore a verdict was entered by consent for the Plaintiff—Damages 58,0001. subject to the opinion of the Court on a caso to be stated. - ATKINSON V. ADROIT. This was an action on a policy of insurance on goods on board the ship Fortuna, on a voyage at and from London, to Elsineur, Helsingberg, or Copenhagen, all or any of them. The ship was loaded with provisions for our seamen and our soldiers at Copenhagen, or at which ever else of these places they might be. The ship arrived at Copenhagen about three days after our troops evaCuated, and our fleet sailed from Copenhagen, on which the ship was captured by the Danish force, which was fitted out from the Crown Bat. teries of Copenhagen, immediately on the depar. tore thence of our fleet. The cargo was sold, the ship condemned, and the Captain imprisoned at Copenhagen, where he is at present supposed to be. This case was clearly proved on the part of the Plaintiff. For the Defendant, it was suggested, that th. Captain was culpably negligent in not finding out that the British Beet was gone from Copenha. gen ; that he loitered, instead of corning home, probably for the purpose of bringing these goods to a good market among the Danes, after the 13ri. fish had left the place. Lord ELLENBOROUGH held that the case of the Defendant was merely surmise and suspicion against positive proof, and therefore the Plaintiff was entitled to a verdict. Verdict for the Plain. tiff—Damages the amount of the subscription to the policy. In another, a defence was set np again, and Lord Gambier was examined ; but the noble and gallant Officer's evidence only tended to shew the order in which his Majesty's Beet retired from Co. penhagen on the 21st of October last ; he did nut know thit theship in question was acquainted with the departure of our fleet at the time of her enter. ing the port of Copenhagen.—Verdict for the Plain tit. i I