The Statesman. — London, England, 1814-02-11 00:00:00

z-71' -*: I , THE .STA'rESM J ♦ 44AW INTELLIGENCE. years afterwards, himself in 2001. and two sureties to Sounder of Foolish law to quote the arbitrary code Pen Pie! This BaacTria avows ; but it neither suited 1001. each. 0 of a heathen despot, and pray' what is it he fi nds BLAOWONE to avow it nor Controvert it ; indeed . he —.......... •. . WOTTON-HAWT. CoURT OF CHANCERY, Fad. 10. there ? Let him speak fore imself : he will tell us could Ilbt controvert it fo itfundamental prin. 11 , 14 Serjetiat PELL showed' cause against a Role what a mazy dance he has led his reader before he ciple of the Constitution s ; therefore . he took this AGAR V. THE REGENT'S CANAL COMPANir. obtained on a former day by Mr. Abbott, for a Quo The Plaintiff, Wm. Agar, Esq. had filed a Bill of Warrant°, calling upon a gentiernme of the name cones to the precieus discovery, which, by the help mode of evading it, according to which mode, ow of Smith, to Chow by what authority he held fhti of heathen Legislation, is intended to illuminate our ever, the law made by NVAT TILER, add those of AL- Injunction for restraining the Defendants from cut ting through some gardens, plantations, and yards, o ffi ce of a free burgess of the borough of - Vtottone darkness, 44 I S us muc h I nought it necessnry to F itEn,were of equal authority : mind reader, I eay, that belonging to his estate , situated between Gray's Inn- Basset. " The ground on which the Rule Nisi' bait premise concerning the law of nature, the revealed according to BLACKSTONE'S definition , WAT TILER'S lane and course of completing Kentish Town, in the . . law, and the law of nations ,before I proceeded to treat law was as good as ALFRED'S. .WAT . TILER. , had the ! `vs he line of the Defendants' canal • and the Injunction supplied by Mr. Smith, and that the . Corporation{ more fully of the principal subject of this section, supreme pot:er, and whilst he had it he made la of England t Bill having $ that all the laws municipal. or civil law, that is, the Role by which ! nay, he even declare d stated to be thus :e--A Meeting of the Corpora:, upon filing the partictdar districts, communities, or nations , are go- ! s h oo !(! come - out of his mouth. According to BLAC . Ip• ' for dissolving the Injunction was this day made, and ill l' I' h were bound to °bee the argue d vented ; being thus de fi ned*by JUSTINIAN. Jos civile STONE, - en, ,ng is men T and if -...., at very great length . , tion was called for _filling up various offices, and a ,st (prod gnisque sib' populus constimit. , , laws or commands of WAT TILER • - office of Capital Burgess, and consequently that his Mr. HART, Mr. LEACH, and Mr. WETHERALO, was supposed that a Mr. Starkey would resign thd I s call it municipal law, for thnugh strictly it other Wee' I ILE% should start up ' , he might make I argued in support of the • motion for dissolving the ' place must be supplied. It appeared, however, at the ii-eotes the et:stems of props ele i nunicipium, or free BLACKSTONE his authority. It is true, that this is I to ' Injunction, and the point turned up.on the construe beau, yet it may with iety be ()Nene( an y • not very likely to happen; but may we not have a tion of the 11th and 12th sections of the clause in the election of Mr. Smith had been completed.' Id Meeting that there was no vacancy, but not antil aftei siate, ore natioe, governed by the same Ivs and junto of borough-owners, to whose designs the doc- the Act of "Parliament , by which the Defendants were prohibited from cutting through any gardens, reply to this statement Mr. Serjeant Pell produced custern" I care not whether this seteusion be al- trine of this learned Judge may prove equally pro. several affidavits, by which it appeared, that although loe ed the word or not. If it be allowed it, then pitlous ? Now let us tern to the later of Atyauu , ` yards , or plantations, belonging to any house, used it was true that there was no vacancy in consequence tee law of every district or nation under heaven is and compare them with Treett's law upon the Black- as such at and prior to January, 1811. In Oates of the resignation of Mr. Starkey, yet that a Mr.' eeteLipal to that nation. Then municipal law in - stonien System'. I need not tell Mr. B. for he knows it er , 1810,. Mr. Agar acquired right to the estate eludes all , the laws of India, Africa, &c.—then it well enough, that these laws, though called Az..• in question, -consisting of about 70 acres of Gray's Kibblewhite had accepted the of fi ce of Alderman of sla very, idolatry, murdering infants, burning people FREW'S, derived their authority from the sanction they I nn groun d s , on which there were the remains of that day, and conseqeently that there was a vacancy aliie, and u thousand abeminations, too horrible to received front the people, tei whom they were pros la h ou se, but which had not , been occupied for the that Mr. Smith had supplied. The Learned Cou n s e l mention, are comprised in the learned Judge's monis posed in the Saxon P arliament ; nor need I tell him, l i last 40 years; part of the ground marked out by the admitted that the intentions of the Meeting was c; ;al I:tw. 'We have often heard of the harlotry of that in that Parliament not only entered the Bishops, Defendants, for the line of th9ir canal consisted of merely to fill up the o ffi ce which Mr. Starkey had the old Lady at Rome, but it is nothing, compared Earls, and other great men, under the denomination i the yard to this house, which Mr. Agar zosv em- left, but another person vacating instead, he thought to this harlotry of an English Judge. On the other of Magnates, but that after Bishops, Earls, and oth4c i ployed as a rick-yard for his hay, having, immedi- it could make no difference in the merits of this' hand, reject this man's licentious interpretation, and Magnates, are added two words of wonderful effi- i ately after the estate came into his possession, laid question, whether Mr. Smith succeeded Mr. Starkey take the a ord in its proper sense, the I namely , ClirusPopulus ue—the Clergy and the , aw of the cacy, 4 the same out in plantations, pleasure-grounds, gar- or Mr. Kibblewhite. e.. free town or city 3 le • I t;'eed not tell him that ALFRED himself has I of Rome; what analogy, I ask, 1 eop • dens, &c. to which, in June, 1811, he added a Mr. BAILEY followed on the same side, and refer.' is theme between the municinel or civil law of Rome, the greatness of mind to avew, in those very laws, handsome house, • called Elm Lodge. The lard and red to some former proceedings instituted by the sled the Lex Terece of Eneland ? If the City of that they were so enacted, and that he (lid not dare other grounds tia question, to the extent of , about same relator, Mr. Gordon , against other members of London had first owed its establishment WILKINS to the having to do o therwise—see . , p. 34. Now , oh- eight acres.andt half, which the Defendants wished • the Corporation, where he had failed, and, as in thi boon made an neyletn for the theives, murdere rs, serve reader, the conduct of this righteous Judge ; to appropriate to the purposes of their work, antler present case, stood alone against Mr. Smith and the end vagabonds of all countries; if its citizens, by he gives the last words of Baecene in English, iu"' i the Act of Parliament, the Learned Counsel con- Borough. Ile likewise argued that Mr. Gordon, being formed of the refuse of all nations, had been bens hossestu, prohibens contraria; but he suppresses tended did• not come within the exceptions in the two must be impliedly understood to have given his assent designated as a people without a name, and only the first part of the definition, and by suppressing sections in the Act, not being yards, gardens, or to this election, inasmuch as he was present without' known from their place of habitation ; then, indeed, that, he withholds from his reader a true knowledge planted avenues belonging to a house, there being no objecting to it; and in a previous case, that of a Mr. it would have been the city, the free tou..n; law and of law, as laid down - by his honest predecessor, house on the Plaintiff's estate in J4pwary, 1811, the Attersol, had confirmed a proceeding that was at every thing else would have been called the law of grounded • upon a grand and fundamental principle time specified in the Act of Parlialnent. ' I least equally irregular. the city, that is, civil or municipal—the nation of the Constitution. When this man wrote his Com- Mrellicerertes was heard on the part of the Plain- Mr. Justice DAMPIER.--Ilis - being present dot' would have been called the London people, or Lon- mentaries, hwwas a Judge paid by the people ; did it tiff', who contended that the words did not mean a 'not show that he concurred, or supposing he did thei loners, after the town ; if they sliced(' have made become liiin to withhold from the people knowledge house then in existence, but were intended to pro- concur, he is not irrevocably bound by it. any conquests these would have been called the Lon- ,of such vast importance to them ? Nor is this the test all such yards, gardens,, &c. as had belonged to : ' The Court, without hearing Mr. Abbott, was ; doe Empire; and if these Londoners had been only whole of what he has suppressed, for between the houses, even supposing they had fallen to decay, as opinion that sufficient ground had been laid for famous for their insolence and injustice towards their first definition, Lex est communis sponsio reipublicce, i they might be rebuilt. here it was in evidence, that Rule to show cause. neighbours ; if they had been for ages noted as a set and the words lie has made use of front Beactoe, dll Mr. Agar's grounds had been laid out, planted, I of robbing, ravishing, sackiug, plunderine, bluster- " comman di ng what is right, and prohibiting what &c. ptevious to January, .1811, and tong previous ing, bullying, roisting rascals, then, inSeed, there is wrong," is another declaration, that Law qud to his having 'any intimation of the line of the cut might have existed some analogy bet ween the laws Justice signify the same thing, and that the source proposed by the Defendants for their canal. and customs of Rome aid of London, on which to and author of all justice is Gon. Now either n —LACK' The Loan CHANCELLOR said, he should hear the exercise this Judge's ingenuity. Rut it will be said, STONE knew ALFRED'S laws, or he did not. If he Counsel for the Plaintiff fully to-morrow ; and as it perheps, they were not always such , th at the y be- was not acquainted with them, 'he was, methinks, , was a question of public importance that the oPera came refined and polite.—Yes, but then the will of but ill Rounded to be an English Judge, or Commen- i firms of the Compeller should not be unnecessarily the ['rinse became the substitute for la w ; then the tater on English Law. On the other hand, if he I put a stop . to, his Lordship should read all the atii- , heats hecanie abject slaves; and as they were still was acquainted with that precious legacy, which the I davits, in order that he might be prepared CO dispose as inhuman and ferocious as ever, they may be con- great founder of English Law has bequeathed us, iof the case to-morrow. His Lordship agreed that I sidel (el, even in the midst of their rdinement, as a then must he have seen there law, or what li ._RACTON these Canal Acts were in general very grievous in disgrace to the species. tells us is the seine thing, Divine Justice, beaming in fringements upon 'the private rights of parties, and For my part, I must confess Hint I can discover celestial splendour. lie had only to read there that i therefore that the restrictions upon these ought to be nothing in municipal law, take it which way you p assa g e, where Aerneo says, that he who dues to strictly interpreted. lie threw it out to the Coun s el I will, that ought to have any attraction for an Eng. others as he ;:ould be done unto, has no occasion for , for the Plaintiff, however, in arguing this case, to i lith Judge. Oil the contrary, I regard it as a dis- any other code of laws—he had only to read this to : consider whether, if the Company could have no •lionourable and criminal defection iii such a person find the origin he wanted; here was the divine siwilMi.4.ettper line without going through Mr. Agar's lands, to look any where else for the origin of law in this the fouotain head of pure and perfect justice before and most now stop their • operations, it would not , country than in those just, those free, those merci- him, consequently Of law ; but he terns away from have been proper that the objection had been started" ful, those truly Christian principles, which that great it, to seek for law in a foreign and heathen land, •previous to theie b beginnieg to open the cut, rather founder of English juriwrielence, the illustrious and among men who never knew what it was to have a ; than after they had cut all the way from Paddington immortal A settee, lies bequeathed us. Let us see, neighbour, because they treated all mankind as their ,to Camden Town. lion ever, what BLACKSTONE, whose finesse and so- • enemies, and exercised such horrid cruelties on those I e--- v. ASSIGNEES OF SHARPE, &c. phistry were formidable weapons, is able to make of whose only misfortune was to be less powerful than I 1 This was a bill by certain of the olncers and crew : it. The passage from Jussielete, whose laws were ' themselves, as never could have been practised by ' of a Southern. Whale fishery vessel l for themselves so detested by our ancestors, says nothing . It tells p eople whose bosoms contained any sentiment of i and the rest of the officers and crew of that ship, us that civil law is that which each peop le sets u p real justice. This is what BLACKSTONE has done, against the assi • gnees of the owners, in order to haves for itself—very well ! then after such a preface one and in so doing, my opinion is, that he has betrayed : the would expecte() hear what that law was that was , not only the interests of the people whose bread he It appeared that the crew, or several of them, first set up in England. No such thing ! These . eat, but also the cause of justice itself. Mr. B. may, ; were to be paid by a certaie prooortion of the pro words follow: '•' Municipal law, thus understood, if he pleases, continue a Blockstonian; for my part I' duce of the cargo t w hen sold. The vessel had been is properly defined to be a rule of civil conduct pre - : here p rofess m y self to be a Bractoniati ; and so far from ! ' very successful in her voyage, I.ew when she arrived scribed by the Supreme Power in a State, com. i thinking that there is between those principles a near in the Thames, there was a dispute between the as mantling what is right and prohibiting what is wrong. !. correspondence, they are, according to my notions u ; signees of Sharpe , &c. and the assignees of Robert- Let us endeavour to explain its several properties as as opposite as are the Antipodes. 1 have yet, Mr. i son and Co. as to the ewnership of the ship and i they arise out of this definition. And first, it is a , EDITOR, one more of my opponent's essertions, and : MURDER AT VAUXHALL. cargo. The Master therefore, refused to permit I rule, not a transient order, from a superior, but ' two of his opinions to remark upon: but thole I , --aere—.- eithr of them to h ave ' the ' cargo, and that remaining , eomething permanent, &c. &c. It is called a rule , must leave to another opportunity. Parrish's confession goes on to state, that on account of the unsold, the Qfficers and crew were deprived of the noise that the murder of Moses Merry made in London, they con-- to distinguish it from advice, or counsel, which we i 1 remain, &c. ' 4 means of procuring payment of what was due to them, stilted together and agreed in leave England. They went to may fellow or not ; whereas our obedience to the 1 • TIA101:11Y TaUEMAN. Gravesend for the purpose of entering into the East India Ser. t aw depends not upon our approbation, but upon Buckinghamshire, Jan. 91 - . and they now fi led their bill to compel a sale and ac- vice. On their arrival there, they •bit ad an account in a News he maker's will, &c. It is also called a rule to - count. paper of the proceedings of the Coroner's Inquest i.o the body of - . ' to this Bill a general demurrer was filed ; and it Moses. In the mew Newspaper . thev read a patagrapbotatteg, distiliguish it from a compact or agreement ; for a During the relief of the Guards in St. James's , that through the vigilance of (kill, the o ffi cer belonging to rho objected, that the Plaintiffs could net support Police-t Ace, at Union-hall, the murderers were expected soon compact is a promise proceeding from us, law is a I Park on Wednesday, a spirited horse, on which was •lehe suit for themselves and the rest of the crew. to be in custody. On the reading of which, Callaghan observed. command directed to' us, &c. Upon these accounts i a Mr. Furnace, of Sloane-street, took fright at the wished he could meet with Mr. Gall, he would soon - - The Vic C . . of di f that he E- lIANCELLOR, noeever, was a en - ell- I • noise of the drums, and wheeling quickly round, .stop his vigilance, meaning that he would shoot him. They ' - - - - ferent and thought the crew might be en- opinion, gave up the plan ofgoing to India and returned to qion. H - -- - • ' t 'lis ' - -it of the shoe; found in the COURT OF COMMON PLEAS, Fes. 10. GAMMEN V. SCIIMALL. This was an argument upon a demurrer. l'he ac. tion was . brought against the Defendant, as acceptor of a Lill of exchange, which he had made par. at Batson's, in Cornhill. The declaration had cot averred that the bill had ever been ()resented for payment there ) and upon that ground it was de. mu rred to. _ . _ It was argued by the Counsel for the Plaintiff, that although it was generally a matter of conrenience tto state where a bill was to be payable, still that the ac ceptor was bound in law by his acceptance, a►& might be sued without the bill having been presented at the place where it was stated to be payable ; and that there was, therefore, no orcasiou for set ting forth in the declaration that it had been so pre seated. The Court held that it was necessary to prove, that the bill had been presented at the place where it was made payable, and, therefore, that this averment was necessary in the declaration. An acceptance did not necessarily admit that the accepted had effects of the drawer in his hands, but WAS often given on the faith of remittances expected to be made. If the per son to whom a bill is presented for acceptance chooses only to give a special acceptance, which limits it either in time or place, and if the holder of the bill is content to accept of Such special acceptance, the contract between them is, that the bill shall, be paid at the time and place so specially named. They, therefore, considered the declaration insufficient, as it did not aver, that the bill had been presented for payment at the place named in the special acceptance. - • .) dashed forward With great ill s t y, and rushed with lit _ his head ag a i nst a tree. fl y the concussion his riderl-- ~ 'to relief on the bill ; and the detnurrer was -te was confirmed in his stat . emeal.. , . rcunglt overruled. , Misses txtunpertz s kitchen being_tallagitan s. by the shoemaker i from whom they were stolen. The bullets Parrish de.eribed was thrown; his foot, however, remained' in the, •• 41 . —......—. 1 that they purchased at Charing-trol l which proved too stirrup, and the animal, having recovered tre shock; . 4 I large for their pistols, and they were obligrd to reduce their pursued his career, drawling Mr. F. on the ijontul.. :-' ?'. COURT OF KING'S * BENCH, Faa..lo. I size by cutting them, and which was co.,firmed by Co4 , parlOS One of the Gmards, however, at the motnent of hit i REX V. 'WM. EARLE. 1 the fatal bullet and the one found in the kitchen, both of which answered his description. Part of the stolen property from the passing, by a sadden effort seited hint r enal the . ' Mr. Guaxey prayed the judgment of the Court house of the Misses Gomperts ni the time of the murder, they the neck; this slackened his progriss, end.tithers ' woo the Defendant, who had suffered it to proceed sold in London and art in Grayese . nd, while ty were there. V This haa been c o nfin e d . by the parttes at e ho se . shops . the ars u4# 4k ,lbk anittal was completely. minquered: against him hi , default , under an indictment for com- . title were sold, producing the property and identifying they . '" 'Mt it ai-antirerksenseless : I4s face Watargad-.' posieg, printing, and publishing a libel in theSeourse, parties. , , Callaghan frequntly il intrupteL i he proceedings hat -tr' cri fully Jacerated; and his head nmep'bruisedi, alti;citigh• upon J. C. Burckhardt, jeweller. It will be tee+ i there did not seem to be an absolute fracture of the lected that the Defendant, having on a former day ,XX m.,--1"----Ing on Parrish. tettl thai tite r deceased w cted be • ou ng r ‘ e • rn m a n ia rd v e h r !! bone. Ile was conveyed to the house of a surgeon, I put itt,an affidavit as 10.4 proposal of--compromise three times ; that the shoes he left in the Misses Gumpertz' rkeicttr•litnwagetootoldr unfortunately6otnaeste,maenntlbtParrishstoleone who entertains hopes of his recevery. It is, to be tfromthe Prosecutor, time was given to the latter to for him, t did not overate hint from the charge, but rather, confirmed as be cad hoped the soldier will be rewarded for his courage answer such affidavit.. The affidavit of the Prosecu and humanity. i tor, his Attorney , and Clerks ) was now therefore witted !wing at the Misses Compertz's house, and thereby ' made ) • • • himself a party. A few days since a trilling wager was shot for at ! put ; and -- the Regent Gardens, Cheltenham, by an itilmbitintli The Arroartev.Gentatr. addressed the Court in who had engaged to strike twenty pieces of stmod; ! support of the prosecution, maintaining that it tip• three inches square, thrown distinctly up, at thi.dia- peered from this. affidavit, that the Defendant was tance of twenty yards, with as many spots as )tool, not only the author, but the hired author o f this li on the average, amount to twenty-eight in each, bel, although he; proposed to the ProsecUtor to making an aggregate of 560. Also, to strike the give up the name of the real author, provided both same number of penny-pieces, thrown up at ten yards he and the Defendant were indemnified from prose distance, with the average of live shot-tuark's on each, I cution. making, at the twenty, , an aggregate of too:, The Mr. MOLT addressed the Court in behalf of th e shots tit the wood were greatly exceed: I at ten fir. Defendant, contending that the libel was merely low ings,,end the penny-pieces at seven; winning both and scurrilous, not malicious. at seventeen shots, without a miss. So complete a But the Count were of a contrary opinion, and piece of mastery in the nrt of shooting excited the attributed it to the envy of some rival workman, who wonder and admiration of a nutherous and respect- .could not see the Prosecutor employed to make the able body of spectators. , , ..7, - masonic jewel, which was presented to the Earl of On Saturday, as; the Bishop of BANGOR end'. f; „Moira, with Out being jealous either of his credit or mily were leaving Perfekt pa,n, • neir NantwiCh, - .kia profit :besides vulgar abuse too, the libel charged - the \ ki Lordship's attach was upset by the suddenness of IQ - Prosec u tor with belonging to Jaco bin societies, and turn and the slippery state of the road ;.- but, ettinditted' to bring AIM intonational disteuat a a stately the accident was not attended - %Rh serions German, •We • cella,. therefore, ktljudged.tlii ' . consequences to any of the 'party,. excepting * Ser. feudant to pay to. the Kiag a fine of 1001., to he ins rant, who was severely bruise in falling from the pelsoned for' sir calendar :months in -Nowgete, and coach-box. to find security for his geed behaviour for three law is defined to be a rule. It is likewise a rule pre set ibed—it must be notified to the people .tsto are to obey it."—Thus BLACKSTONE. For my part, nppeal to the candid reader, whether this definition is arty thing like BRACTON'S—his law emanated from. the people's free will. BL. cas•rones law is inflicted Lyon them against their will, for their consent is not necessary. It is a " rule from a supesitit"--,-.obedi- CICe to it " depends not on our aivrabatlos; but on. the maker's is no'' coutpact,'' iX liaalfiltat* " proceed from us, but is a command dircctedlo us." And lastly, when we enquire who it is that has this power of prescribing or imposing law upon us, lie tells us, it is the supreme power in the State. This is the definition that Mr. B. says nearly 'corresponds with BRACTON'S. For my part, I think them widely different. So tell me that it Is my duty to submit to laws or commands (for in BLACKSTONE'S System they are the sante) made .by the supreme power in the State, is only to tell me that I must obey those who have power to make me obey. But before I speak of this Supreme Power, which is the grand defect of the illack3tottian System, I beg leave to bespeak the reader's particular attention. When men wrestle to gether they first try each other's strength, and at last they close, and, then one must lave a fall. I am uow going to close with my opponent, for I am going • to strike at that on which the system of which he is the champion, rests; if that supportfails, down must come. Loth the one and the other; and whatever respect men • may have hitherto paid to the system of the Learned .ludge, , lamerress and impotenca must be its retire portion. According to the Blackstoninn System Law is a Rule of Action prescribed by the superior power, or supreme power, which means the same thing; for whatever has the superiority is supreme in that sense at least. In this definition no regardis paid to the legitimacy .of power, because if .BLacia. aroma had once entered upon that subject, he . would, Lave been obliged to acknowledge, that there Is no rower legitimate, but what is derived from the . . . A very miraculous escape took plies during O. Storm, near 'Moffat :—A young man, accompaniect by. a ,boy,shis brother, went to look after the sheep and while they were passing under a bill, an im. menie quantity - of snow,, resembling .an avalanchr, rushed down from a precipice and burled the young, man to the depth of 16 feet, In,tlls calamitous sit , ' ation, the boy had ::)e presence of mind to run bore, about a mile and a half distant, and tell what had' happened—when assistance being procured with possible speed, he was dug out, and though in senseless state, we are happy to say he soon recd. vered. " BONV-STREET.—Yesterctai Givrge Hodges we' iirought tothe t Otitie, charged , with feloniously steal .ing two coats, tyro waistcoats, one pair of Rant• oons, a one-pound Bank of England note ) and ' in silver, the property of J. Tennant, of Wolm coutt, Duke T atreet, Bloomsbury. Ha was comm le NeTilate ftr LONDON ! Printed and Pnitligheti f a! STATCIIAN OFVIc/t. 871 nigeffillret. II: • •".• • • • . . 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