The Statesman. — London, England, 1823-07-03 00:00:00

- • , . ••••• ? MAILS. .• _ ARR. * •. DUE. £RR. ' ~ I DVS, • I . ... ri , iblitt 0 . 0. ..flollisd .O • O.—Waterford.. ... I 0....11imbr0. • . .... .1 • 0....(i &Jersey....o 1.... France .1.1.0 -0....1.i5ti0n 0 0 ...Flinders .... ...0 o....Gottenburg• • 0 0....Ma1ta .• ..0 PRICE OF STOCKS THIS DAY AT .O? O'CLOCK. Bank Stock. Spa Ct. Red tilli Ditto Bonds 4.1144. s.pm. $4 , .C1 Cons... . . ...... ... Ex.Bill.2d. j 2t3 _ z..os. _ ••••9 pm. Si per Cent 93j 10001. S 4.pv Cents—. 952 99 94 . 1-5001. 42s 21s pm. , New liners Long Alm .... 10/ I Lottery Tickets ....." 141.14 s Dap:llW CI. SOllCon.for Aect. Vitt •tatel»tarn. TUUESD4Y , EVENING, JULY. 3, 1823. , . PARLIAMENTARY COMMENTARY. TRIAL BY JURY. A Petition was last evening presented against a Bill now before the House; which, proposes to deprive the Colony of New South Wales of the Trial by Jury; and to substitute a sort of Court Martial enquiry, by making what are to be ealled jurors, of the tnilitary and nom/ officers of the station. The object of this is clear enough. All alteratiOns proceeding from an execu tive authority will necessarily tend to encrease that au ' thority. The pretence is that the colonists are of a de scription that it would be unsafe to entrust to the verdicts of their Peers; but the real tendency is to render the power of the Governor as absolute as possible; and a class of regimental sepecial jurors is an excellent mode of accomplishing the object. Nothing can operate as a warning to our Statesmen. The loss of America by an attempt to introduce a despotism, will be followed by the loss of New South Waleson the same account. We use the word foss merely with reference to the fact ;—for such losses are great gains to the People ; though the Ministry, out of a prudent regard for their beloved patronage, might be more cautious than to take such risks against their own interests. The Ministers would not argue the question with Sir Jaineri Mackintosb. Mr. Wilmot contented himself with saying "there were the strongest objections to the Trial by Jury ;" bat he could not spare time to state them. Possibly they might not have borne the stating. Whatever objections there may be to the trial of the convict population by Juries, (and - we cannot see any) there can be no reasons given why the free po. polatiun should not enjoy the seaway of trial by their Peers. The free Settlers form a distinct class; and, let it be kept in mind, that they have a far snore im po-tant stake in the country, than either Governors, or ilitary Officers, who are mere birds of passage,'alightiog e:ere to plume their pinions for a flight home again.— T'e asthority of a Governor, in the establishment of such a Colony, must at first be somewhat arbitrary ; but the true principle of proceeding is to take the excess of .power out of his hands, as soon as the Forties who ought to possess it are brought into existence. A jury of convicts to try one of their number, would certainly be preposterous In theory; though, In reality; the offender might experience greater severity from his fellows, than from strangers ; and even this is not half so inequitable as to place the dis posal of a freemen's person, the ruin of his business, the hazard of his present and future fortunes, at the caprice of an individual; for a military jury would only form one body with a variety of heads all nodding the same way.— , !lir James Macintosh said there wereB,ooo free settlers. Mr. Wilmot Horton, who was employed to say the new measure was a good one, said that not more than as many hundreds would be affected by It. He means, of course, at present but seil 4 (W. rencedo the lumbers make in the principle? We are satisfied that 8,090 is nearer the number of free set tlers, than KO; bat shy give the tioverok through the instrumentality of a court-martial of his creatures,a power so destriu nye to, the interest:, and so dangerous to the rights of WO persons? The numbers of free settlers, are besides, contiattally increasing ; and it is the best policy to i•-ter this increase, as a counteraction to the hetero- ' ge-eous eleullets . of society there : but such laws will tend to diminish the number, and to render those who are in that condition dissatisfied with the system, and always ready to lend a hand to its destroction, when occa s;ol may serve. The evils of such,a Board as that pro pes-d may not be immediately felt. All institutions are comparatively innocent in their infancy. The tin v'rnor first entrusted with such power may be a good man, and may only want the power of co ercion where coercion may seem necessary. The ofScers called upon to act as jurymen may have no undue bias, and may refuse to lend themselves to those who have. But times will change. Bad Governors arc as 'likely to he sent as good ones :—and bad men will pro vide themselves with fit accomplices to effect wicked purposes. A Governor's list of standing special jurymen, such as we have heard of both in England and Ireland, may be formed ; and accusation would become -synoni moos with conviction, without reference to the guilt or innJcence of the parties. If such things can happen even here, with all our boasted liberty and vigilance, and in despite of laws expressly made to preient them, what may net happen in a distant colony, with the laws made bad, in the first instance, to accommodate a despotic power, and then administered worse to secure it ? We bare nut yet stated the head and front of the offending of this Bilk It not only enables a Governor to create a tribunal to his own liking, but to dispense witb one al. 'together ; for if it pass, with the clauses WO it at pre sent contains, " eight thousand men an liable to be " transported without trial, and at the mere still of the " Governor!" This is the way we legislate for colonies; end then our wiseacres wonder they are discontented and revolt! The numbers of the Mirilsterial majority, eft this occuiou, were bat IS; and the minority mooted to 47. 41 the Oppositissmom at all -alive to tbek duty,. they ad& defeat this BM. fee the proem &Ow au least; for hiss) saildeests. that ihilesi.lt by vain's* iliechgcsise ifouse-hiamit •bset . iation, It pass the orsleal.ef pleb. iedietiaiiaa. THE STATESMAN ._ : , TfiS AfTDOET; -The Chancellot'of; the •Irxeh;qnet naitli . what is called 'a triumphant display °lbis financial measures, and the national resources. The revenue,according to him, is en. creasing; arid' the taxation bas been decreased by some millions. This sounds well and the first part oL his statement is doubtless correct. The revenue is encreas ed. The fall in the - price of produce has placed the con-1 sumption within the reach of a greater number of indi viduals ; and, as the taxation has not been reduced is an equal degree, the revenue keeps improving. This is easily understood! lint to the cxond declaration of the Chancellor, that the taxation has been reduced, we beg to enter a decittid negative. Taxation, in the proper sense of the word, as it affects the country at large, has not been reduced. An alteration has been made in the figures ; and the collection has shifted its ground ; but' after all, as taxation resolves itself finally into the amount of the produce of the land, which is demanded for the support of .the Government, the taxation has been actually encreased to a considerable amount, since the conclusion of the War, notwithstanding the nominal re• duction ; for the sum now collected, as the revenue, will purcbase considerably more of the produce of the labour and the soil of the conntry,tban the Aighest amount of the war•taxation could command. It is in this point, that an equitable adjustment is required:—an adjustment of all the salaries, paid by the public, to the difference pro duced by the alteration of circumstances. It would then be discovered that a reduction of ten or twelve millions, commencing five or six years ago, instead of a reduc tion of somewhere about five millions at the end of as many years, would have been mere like what the nation had a right to expect. As the matter stands, taxation has only taken other grounds. It remains as burden some as ever, to the whole; for though some portions of society are relieved from an actual payment, they are injuredin a far greater degree by its greater pressure upon other classes. Ask the country shopkeeper what benefit he has derived from the reduction of taxation.— He will tell von that he is very glad that his taxes are reduced ; but that lie is far more sorry that his trade has decreased. The agriculturists, upon *hose shoulders the taxation has rested of late, are no longer able to sustain their former rank in the scale of consumption; and while the State continues its enormous demands upon the produce of the land, the revenue may Increase, but it will increase at the expence of the resources of the country ; for it must continue to impoverish all classes, during a state orpeace ; and, should a war ensue, in what - condi tion shall we stand to meet it? To Ministers who are satisfied, while the taxes are paid, and their salaries secured, these enquiries mayappear unnecessary; but to the public, who are interested in the security of the nation. as well as in the prosperity of the revenue, they are all important. We are aware, that there is much apathy in the public mind upon this subject. Things begin to look better.—The,Chancellor talks about his reductions:— It is not the interest of any party to expose the delusion in the House of Commons ; and in the usual phrase, things are left to take their course, and affairs to find their own level. This may do for fine weather reasoning, but when it is found that matters are gone too far for remedy, it may be wished that a little more attention had been paid, while the evil could have been prevented. The charges against the Irish Chief Baron O'Grady were proceeded in last night, after some slight attempt to stifle the proceedings on the part of some indiscreet friends of that Judge. His real advocates knew how to manage better. They will let the enquiry proceed, as the enquiry into the conduct of the Dublin High Sheriff proceeded—confident that it can end in nothing prejudi cial to his interests. It 'is the duty of the regiment to hold together; though they may occasionally find it ne cessary to shake their heads at an incautious brother. STOCK thiIIANGE, TIVELVZ O'CLOCK.—OOO9OII opened this morning at 82i, and went up to 82;1.—The people here seem disappointed with the Budget, as they expected the three millions from Austria to have been brought forward. it now appears, however, that Austria cannot come forward with the amount, unless it be raised in this country, and that would be rather difficult until she has paid her former debt. Private letters from Seville contradict the French accounts, and state that the whole of the Cortes, with their property, had left that town, previous to 1,4 e approach of the French, and had entered Cadiz. Up to this hour we do not believe that any express has arrived from Paris, which is a presump tion that they have no news of importance to send, nor any material fluctuation in their funds. FOREIGN MARKET.—The above market is rather steady. Spanish Bonds opened at 32-311. liu Columbia there is not much doing. New Spanish, 3111—New Prussia, 833 ex-dividend— Russia, 81;{—Danish, 87 ex-dividend—Columbian, Mi. ONE o'CLocu.—A report prevails of an Express having arrived from Paris, bringing the French Funds, at 88f. SOc. F ra nkfort paper., which have arrived this morning, have brought an official contradiction, on the part of the City and Republic of Berne, in its quality of presiding Canton. of the reports which announced that the ludo. pendence of Switzerland would be threatened. It is declared that on this point, as well as that of pretended marches of troops, there is nothing that can authorise just uneasiness. Accounts from Symrna. dated May 16, represent the Isle of Samos as presenting the same appearance as, Ipsara ; men and women being all animated with the same enthusiasm, and resolved to defend themselves to the utmost. From Constantinople we have intelligence; by way of Augsburg, of the 25th of -May, that Tartars have brought from Erzernm the news that_the &bah of Persia had resolved to send an Ambas sador to Enema; to negotiate with the Porte, and that this Ambassador had already arrived, so that it is pos sible peace maybe already concluded. There is no news from the Moira--only, as the , fleet has not quitted the p ar aanelles,,and will remain there till after the Beiram, which ends du the 9th of June, it is evident that all the atcotutts of recent aaralactions are entirely fabulous. 'rf~• "Letters from Gibraltar of the 13th aft. tate,. that a French squadron of two sail of the line, two frigates, and a sloop of war are cruizing in the Bay. A ereat failure has 'taken place in the above town, said to be a Spanish House. SPORTING INTELLIGENCE. IPSWICH RACES, 1923. TUISDAY, The Gentleman's Purse of bOgs. For three yrs oldv 7st. 71b; four, Set. IIlb.; five, 9st. 411).; sir, 9st. Sib. ; aged, 9st. IMb. Heats, about two miles and a quarter. Mares allowed Sib. The winner to be sold for 2bogs. if de manded, &c. • • Earl of Darßuxton's hr. e. brother to Antonio, 4 yrs.... 1 Major Wlisen's b. h. Lawrence, b yrs R. Wilson, Eig.'s b. c. Buck, 3 yrs. Mr. Barnard's f. by Maley, 4 yrs •. 4 King's Plate of 100 guineas. Major Wilson's b. c. by Juniper, 3 yrs . 1 1 Dnke of Grafton's b. e. by Soothsayer, 3 yrs.- 2 dr Hon. C. Wyndham's b. f. Addy. 3 yrs 3 dr Earl Stradbrook's r. c. PhDs's, 3 yrs... 4 dr Mr. Doddiniton's h. C. by Orville, 3 yrs ... . . 3 dr Earl of Darlington's b.c. 4 yrs... .. l3 2 R. Wilson, Esq.'s b. c. Buck, 3 yrs dis• HAMPTON RACES.—Wimairair (sscoleo DAY.) The Duke of Clarence and his Duchess again honoured the Course with their presence. The fineness of the day at tracted a numerous and gay assemblage; and the racing was very good. The Coburg Stakes of five soya. each, with twenty added from the Fund. Mr. Page's cb. f. Prosody, bps old, Bet. 71b 1 1 Mr. A. Braithwaite's Vanloo, b yrs old, Bst. 71b... • Mr. Carter's Touissant, 6 yrs old S dr Three to one on Vantoo. First heat won by-half a head. The Gold Cup, value 80 sovereigns. Subscription of 10 SOTII. each, with 20 added. Three miles. Mr. Page's ch. f. Prosody, 6 yrs old. Bst. 71b..... Mr. Glew's e. Bacchanal, 6 yrs old, ditto 2 Mr. Berkeley's Miss Ann 3 Mr. Friend's Paintbrush 3 to I on Bacchanal. The Cocked list 'Stakes of 8 sovereigns each. Gentlemen riders, 12st.each. To ride in melted hat., or to carry alb. extra. Mr. Price's Matta Jenkitt Mr. Coleman's Tom Tough .. ...... ••,.,• • 9 3 9 Mr. Sheekell's Amey .. .. 3 sdr Mr. Braithwaite's Inferior...... 4 1 2 lion. W. Gage's Stone Mason . b 4 dr There was much merriment as well as dispute respecting the Cocked Hats, and the riders of Inferior cud Stone Ma son carried the extra Sibs. and rode in caps. Inferior the favourite; 6t04 on inte rior after the second hest. The race wus lost by Mr. Braithwaite, on Inferior carrying 611). extra. That Geatleman referred the case for the decision of the Stewards after the second heat, and they decided that he was bound to carry the weight. The company was kept on the round until near seven o'clock, and the races ward' altogether finely contested. SHIPPING INTELLIGENCE. I --••••••...- Hest, July 2.--Wind E.—Arrived and salted for the River, the George, Fisher, from Palermo ; Susan and i.e. titia, Jones, from Leghorn ; and Sisters, Brood, from Gall poli.-Balled this day at noon the Windsor Castle, Lee, for Madras and Calcutta, with the rest of the outward bound for their different destinations.—Cause down from the River sod sailed the Prince Regent and Royal Sovereign Yachts for Cowes, to attend on his Majesty.—Creole, Cates worth, for Lisbon ; Speculation, Garth, for Faro. PORTSMOUTH, July 2.—Light airs from the Westward. — Arrived IL M. ship Seringapatam, from the Baltic ; and Charlotte, Stepheoson,from Bombay, left 15th Feb., and St. Helena 15th May. FALMOUTH, July I.—Wind S.W.—Arrived the Marquess of Salisbury Packet from the Mediterranean ; this Packet sailed from Corfu 14th May, Malta 21st May, and from Gib raltar 15th ult.—Sailed the Betsey and Ann for London.— Off the Port the Belton*, Wildgoose, from Grenada. Letters received from Corunna to the 20th ultimo, mention, that Morillo, with five thousand men, had gone to►vards Logo, o►ving to the events in Portugal ; that another Constitutionalist corps of the same number of men was posted in the vicinity,of Astorga; and that General Palarea war in Asturias, with three thousand men. The want of arn►s is the only reason that these corns are not im►nediately doubled. Campillo, Smile, El Pastor, and Soroa, all enterprising Guerilla Leaders, had also gone towards the mountains of Santander.—ln Corunna very extensive fortifications were preparing, and every thing evinced a disposition to defend that place. It is calculated, that the four Guerrilla Chiefs above-men tioned have with them about 4000. - - A courier arrived yesterday morning, at half-past ten o'clock at the office of the Earl Bathurst, the Secretary of State for the Colonial Department, from Corfo. At a Meeting of the Catholic Association in Dublin, on Saturday, the notice respecting the change of the title of the Association from Catholic to National, was with drawn. The Address to the Loan LIEUTENANT, re questing his interference to prevent the offensive Orange ceremonies usual in this mot.th, also fell to the ground. In the Court of King's Bench, Dublin. on Saturday last, wits decided a trial at Bar, on en issue out of the Court of Chancery, to try whether the plaintiff, Anne Walker, a minor, was the legitimate child of Mr. Henry Walker, late, of Dame-street, Dublin. The trial excited a strong interest, and on few occasions have a greater Bar of Lawyers been employed. Mr. Thomas Walker, brother of the said Henry, died some years ago inte s tate, and left behind him • very considerable property, amounting, it is said, from two to three hundred thousand pounds. Th e defendants are the sisters of the deceased, and the minor, plaintiff in this cause, claim, as next a-kin to Mr. Henry Walker, likewise deceased, her share of said pro perty—namely, one-third, withheld from her by the de fendants. On part of the plaintiffs the case was stated by Mr. Sealy Townsend ; and for the defendants, by Mr. Onold. After the Jury bad been charged by the Lord I Chief Justice, and also addressed by Judges Jaßil and BURTON, the Jury retired for about ten minutes and brought in a verdict for the plaintiff, with six pence da mages, and six pence costs, which establishes the legiti macy of the minor, Anne Walker. EanaTuat.—ln the division upon the receiving of Geo Rowan's Petition, on Tuesday evening, the majority was against the Petition, and not in favour of it, as ae stated by mistake, in placing the korai. MARRIED—On the 24th uh., at bleep , la-bonne New Church. Robert Peter Smith, Esq. to Josephs, relict of R, Chamberlain, Esq.; of Mallet-hall. Jamaica. DIED—On the 24th of AOBHitst, at Sierra Leone, James Rlllias Bartiott t Esq., only son of William Bartlett, of Prospect-place, West -square. . COAL MARK= JULY 2. Shipeal 644144, Y • libiPa'aild• Prim • 171Newasstlet 'tat 6d. lo'.4te. 04: 11 Sunderland 11 33e od. to 415.0 d. OLD BAILEY. ". • • t: COMMA CT.,— Late on Tuesday night Thaw:* FV,u. Dayly, al. the Gerrard's Hall Tavern, Basing-lane, and John. 711alcher k inniceeper, of Worth, in Sussex, were charged 'before Mr. COSIMON SERGEANT with a coo so. racy td , defraud the reditors of Bayly, by conveying . away his property in contemplation of bAnkruptcy. Mr. Comer rose for the defendant, Thatcher, at twelve' o'clock. At I o'cicolc the Jury having requested permission to retire for the purpose of taking some refreshment, weir!? absentlor about a quarter of an hour on their remit Mr. PHILLIPS addressed them for Bayly; and after an hour's deliberation they returned (at a quarter past four o'clock yesterday morning) a verdict of—Guilty against both prisoners. After the verdict had been returned, Mr. PLATT moved an arre , t of judgment, on the ground' that the offence charged having been committed prior to any act of bark ruptcy by the defendant Bayly, be was competent at that time to dispose of his property as he pleased. The COMMON SERGEANT decided that the point of lane should be argued hereafter. The defendants were immediately taken•into custody. Yesterday the Jurymen, witnesses, &c. &c. baying , waited =hour beyond the usual time,M r. ARABIN entri e 1 the Court at ten o'clock, and stated that the circumstance arose from the CouxoN SERGEANT having been detainA in the Court until nearly 5 o'clock this morning, on a tri for conspiracy, and in consequence had no means of givi the legal civic officers notice that he could not be on the Bench at his usual hour this morning. D. Williams and Francis Styles were indicted, the former for stealing the rest of a turning lathe, the pro perty of Humphrey Levi, and the latter (a person of ino%e respectabli appearance) with receiving the same, kivivr. ing it to be stolen. • Verdict—Williams Guilty, Styles Not Guilty. WSDNEBDAY,•JUI.Y Two young lads of the names of Pierce and Camp were indicted for picking pockets at the fire in Red Lion-str-ef, The evidence was clear against them, and the prisoners were found Guilty. The RECORDER told the prisoners that they were unfit characters to remain in this country. The sentence of the Court therefore wax, that they be transported for The prisoners, when taken from the bar, seemed who;ly unconcerned. IPM. Drape and Samuel Rainoford were indicted for stealing two live deer from the pleasure grounds of E. I. Nash, at Edmonton. leythe evidence it appeared that the animals, which were quite tame, had been brought from India, and had been given to the prosecutor by a friend. (in the mo,n ing of the 18th of May, the window of the out-lio , ise where the animals were kept was found wrenched open. On entering the ont-house it was discovered that the fluor was completely covered with Wood, and the deer were gone. Drops of blood were traced nearly to the horse cf the prisoners, which wait two miles from the pease. cutor's. The offieer who apprehended them on their premises found a haunch of the deer boiling on the fire. On their way to the watchbouse, the prisoners asked f.se the haunch to be sent to them, as they would have to pay for stealing it. The prisoners were found Guilty, and were immediate ly sentenced to 7 years' transportation. John Cook, servant to a coach-broker, was indicted for embezzling 10 sovereigns, the property of his Master. The prosecutor went out with the prisoner, intending to purchase some goods. He bought more aan he bait at first intended, and sent the prisoner home to his :rat A. father for 8/. The prisoner went home and asked - ior 10 sovereigns. Having received the money, he decamped, and never returned to his master. Theprisoner in his defence said, that be had dropped a U. note, and was afraid of returning home. The Jury pronounced a verdict—Guilty. TNm AIORNING. On the opening of the Court this morning, ilfr. Crre troop addressed the Common Sergeant, and argued on the part of a person named Phillips, against another named Marks, a case relating to a conspiracy to obthin money under false pretences. Ile contended at •ome length, that although the accused party bad been tried on one indictment, yet he might be detained and tried on another connected with the same offence. There might be only conspiracy, and yet two offences. A man who broke into a dwelllng-house might be tried for burglary as well as larceny, and vice versa. Mr. We LIVID, in reply, said that it bad been held by Lord Ellenborough, that where there were two indict ments fur the same offence, if the party was acquitted of one it would be a bar to action to the other, otherwise the accused might be in continual jeopardy. The COMMON SCROE ANT put an end to the discussion, by saying that he would consult the authorities cited lot the Learned Counsel before he gave au opinion ou a sub ject of so much importance. CONSPIRACY. IN RE BAYLEY AND THATCHER,__ Mr. PLATT addressed the Court in arrest of judgment. The defendants had been convicted on the 2nd and 4th Counts of the indictments framed against them for car. ryine away goods and chattels by unlawful mean., Ito contended that although an injury bad been stistained, the indictment was invalid. The conspiracy and combi nation in question hail not been clearly proved. If lice Commission of Bankruptcy bad been issued' before . the alleged offence was committed it would have been clearly indictable, but the insolvency of a person did not consti tute an Act t,f Bankruptcy. He concluded an argument of great length by expressing his conviction that Cie de cision of the Celia would he is favour of his client.. Mr. Anommui and Mr. Currry addressed the Court on the part of the prosecution with a view to cortirin the verdict pronounced. . The Cosmos SfRGF.ANT said it was extremely satis factory to the Court to have heard this case so ably argued. The prisoners were acquitted on two of the Counts, and judgment hatftbeen passed on a Count of the other two. He (the CO.MAION SERGEANT) thought that Persons uniting with intention to defraud, was an offence Indictable in a Court of Justice. He agreed with Mr. Map that evidence in such a case, should be wat...ned with jealousy anti mule out satisfactorily. When that was done, the Court had done its duty. He. therofure confirmed the Judgment. It will be remembered, that on the trial of &mud Wil liam Miles. on Tuesday last, foe passing forged SI. Dotes, of the Hank of England, the Jury, in recommencing the prisoner to mercy, heeded a paper to the Recorder, con taining the grounds of such recommendation, end which that Learned Judge, refused to allow being read! We have taken some pains to obtain a copy of the paper in question, and we believe the following will be found essras Oily correct: — The undersigned Jurors regret being compelled, by the law aud their oaths, to return a verdict of guilty eireinat Samuel William Miles; and beg leave strongly to recom mend the prisoner to mercy'—first, on accounr of his ex treme youth ; and, secondly, because they conceive the pu nishment more than adequate to the ollianee,—(Signed)— James Hoare, James Clarke, William Welter, Rupert Kirk, Richard dimes, John Billies, Jamie Graham, George Rae kie, Thomas Mercer, Robert Willis Hall Alex. Ottrry, John Kent. London : Edited, Printed, and Published. it the Office of " THR STATiorke," !Wand. by R. W [LURIA.. to,whoin all Commuuirmtions, Orders,,St.c. in re quested to be addressed. I 1 I . , _.. r; • I• (