The Statesman. — London, England, 1821-11-14 00:00:00

. . emptions in each being Is favour of commerce. My opinion therefore is, that goods in the hands of a factor cannot be distrained. and that judgment must, there fore, be Eisen tor the plaintiff. 'I be other Judges expressed their concurrence in Lordship's opinion. Lord Chief Justice DALLAS, after judgment bad been given for the plaintiff, observed, that he wished tot to he n.l4understood as to one part of the opinion .be had j•ist expressed. Ile meant to confine the appli colon ..f the exemption co::tended for in this case to fa-tors only, and not to extend it to the case of a ware -11: use-keeper, which at present he was not called on to dvitte. • THE ICING v. LitNAJLIRA. COURT OF KING'S BENCH.—DvsLix. This case being called on Thursday, the flth into lolicitor-General made a splendid speech in bebal of the prosecutor ; which, from the particulars of the case being in the recollection of our readers, and from the length of the report as given in The Dublin Morn lag Post, we are compelled to omit. It is enough to say that the speech is represented as having made a powerful impression on the Court, the Bar, and the auditory. At the conclusion of this speech Mr. Goold, on the part of Major M'Nawara, rose to reply, and spoke nearly as follows: — My Lords.—ln this case lam Counsel for Major Itl•Namara, one of the defendants, and shall address a few observations to you, in reply to the animated and eloquent address which you have just heard from the Solicitor-General; that address, my Lords, I may be permitted to say, embraced many topics that bad no legitimate connexion with the facts of the case. 1 Lbour under some disadvantage, my Lords, in baring to reply on the instant to the powerful speech which you have just heard urged with so much ability. (Mr. 00OLD here commenced speaking as to the as sault, when the Chief Justice observed, that it was not necessary for Mr. Gould to go into the facts of the as. wilt, but that be might confine his arguments to the publications tending to obstruct the administration of justice.) Mr. Goold resumed. I feel obliged to the Court for the suggestion, and shall confine myself to those publications. My Lords. on Saturday, the 9th day of December, there was a trial in the Court of Common Pleas, for breach of promise of marriage. in which Mr. Wallace was senior and leading Counsel for the plaintiff. In his statement to the Jury. my Lords, Mr. Wallace made use of expressions, as applied to Mr. Richard 31•Namara, the defendant in that action, a gentleman most respectably con nected, and a Captain in his Majesty's army, which no gentleman could hear without horror awl dis gust. Mr. M‘Nantara was described, my Lords, as an "adventurer,"—" a fortune hunter,"—" a needy Lieutenant, with nothing beyond his pay," —as " seeking the means of living, and the grati fication of his passions without any sense of reli• i :ion or morality,"—" without even the Roth 's religion, honour,"—" a merchant dealer in flesh," —" a moral monster !" His wife wandescribed se !' a coerse•minded. purse-proud woman, a woman erithout youth or beauty, whose wealth he had dearly earned in an alliance with her." God forbid that Counsel should be obliged to weigh their words in golden morales ; but, my Lords, I deny the right of any Counsel to use personal expressions. Will the Solicitor-General take upon himself to say that those expressions were relevant ? Was It not the bounden duty of the defendant and his friends to disabuse the public mind which had been so excited —The speech containing all those injurious ex pressions had been made on a Saturday, and on the following Monday, whilst the trial as still pending, a report of it appeared in the public papers. So that here a gentleman complains of a libel, and . reads a report of a speech attributed to him. contriv ing those expressions, which report he leaves nacos tradicted. As to Mr. Wallace having made an ex• planation afterwards, Mr. M'Namara was not in Court at the time ; but admitting that the expression " coarse-minded, purse-proud woman," was applied to a elm, did be give any explanation of theether ex pressions? No man, my Lords, more deeply regretted the outrage that followed than I did; Mr. Richard AP:Valuers, who committed that outrage. has fled ; if taken be must be amenable to the laws of his country; but Major M•Namara denies all knowledge of or par ticipatioa in that assault. The first publication on the subject of that assault was in the Freeman's Journa,o; Dec. 13, 1820. It was headed " OCT- Ritas." and described Mr. M'Namara as •to assassin, stating that he was accompanied by three or four athletic men, at the time of the smolt; which it re presented the more unjustifiable. as • there was not a 'chalk of evidence adduced to cs.ntradict the state ment of Mr. Wallace—that is, that Mr. *Namara was " a needy Lieutenant,"—" a fortune hinter."-e." a moral monster."—" a merchant-dealer in flesh !" My Lords. when the public mind was thee excited. was it not necessary to restore it to its peeper 7timperstare ? Was it not incumbent on the parties to bleed the pub lic mind, as it were, and reduce it from that state of fever to which it bad been raised. Mr. Wallace's speech. my Lords, was the first aggression. Mr.. Wal lace dea l t pretend to say. that he believes or has heard that either Mr. M'Namara or Mr. Scott i.4ke ether of time letter signed " Amino." (Here the Court being about to rise, the further hearing in this argument was postponed.) On Saturday Mr. Goold resumed his argument in the foregoing case ; after he had done speaking. Mr. Woulfe addressed the Court on behalf of the defendant Scott. . ,THE STATESMAN; HA TTON -0 A UNIX .—.Yesterslay little Waddin g ton enured the Justice-room. and made application to the- Magistrates for an order to visit John Osborne, one of the Birmingham Radicals, who *.s in durance in, the House of Correction, pursuant to the slntet.ce of the Court of King's Bench, for libel.. • ' The Magistrates informed the little man that his application could not be complied 11th. as the Gaol . Cusnmittee bad ordained that for the ,future visitors . should only be admitted to the prisoners imee a stmath. Waddington butyed to the Magistrate, and was leaving the dice apparently mita disappointed, when it was intimated to their Worships that the new rigs 'atlas would not bein force till Monday nest. Upon this statement. the Magistrate granted him as order. and be left the vice in good spirits. TAJOTION AND CASH PAYMENTS. [PROM Till BRISTOL SIRRIVRT.I After a careful consideration of the voluminous evi dence taken before the Agricultural Committee of the last Session of Parliament, we should have been at no loss to account for the complaints which landlords throughout the country are now beginniuttd make, even if we had not previously, from our own private sources of information, been fully prepared to expect them. Prepared to expect them did we say ? How by possibility it could be otherwise, from the pa t s.* of Mr. Peel's Bill for resumption of Cash Paynten, we never could devise. Nothing bet the most dis graceful ignorance, the grossest prejudice, or down right infatuation (in any one who gave himself the trouble to consider the subject duly), could expect any thing else. And yet this was cheered in the House of Commons!—This was the measure, according to the declamation of Caetlereigh and Canning, and the humdrum of Old Van (after confessing that they and their predecessors had been in fatal error for morn than twenty years), this was the measure that was to restore the Monetary System of this great empire. which had been totally deranged by their fully for nearly a quarter of a century, to a healthy and flou rishing state ! Sagacious contrivers, thus to look for i financial salvation to a measure reversing the order of things. which they themselves had supported **that period ! Wise and prudent guardians of the public purse, who exulted in a measure, the full opera tion of which infallibly adds hundreds of millions to the redeemable ralue of the Public Debt! Scut pulous administrators of justice, who thereby decreed that every debtor in the kingdom should pay back double what he borrowed! and that the taxation, which remained the same, should require the farmer, l the tradesman, and the yeoman, to sell twice as much of his respective stock or goods as was necessary to pay that same amount of taxation up to the passing of this Act! That there was an absolute necessity for a return to Cash-Payments at the Bank we admit. It was madness, or something worse, that possessed " The Pilot that weathered the Storm." which is now raging, and which has not yet attained its height, when he and Sidmouth, and the wary Scot who burst his accounts, and then laughed at the farce of public inquirer.-it was worse than madness in these hearea-born Minis ters to suspend Cash-payments at all. Bat when, for upwards of twenty years. they had been Suspended, —when the price of produce and manufactures and rents was accommodated to the necessary circum stances resulting from this suspension,—when ban dreds of millions had been added to the Public Debt in mere paper promises, which were prohibited from being paid by Art of Parliament,---and when tbe re lative situation of debtor and creditor, throughout the country, had been for so long time regulated thereby, —to return to Cash-Payments without first equitably accommodating all these artificial differences, Which in lapse of time bad grown into customs and usances, was to effect the greatest revolution in the property of a country ever known in modern times. From tbitr great,. all-pereading caosooariee tge revulsions in whieb, as lie. Baring Mad its the House of Comotithil, " had reduced capitals of t and 300,000144 120 and 150,0001. Prom this Anse, operating in diminishing the price of agricultural pro duce (in the same way as it does upon the products of trade and manufactures more than one-half,) thousands of farmers and yeomen have been ruined ; and frets the same cause, also, the landlords of the country are at this moment being deprived of the greatest portion of their incomes, and their property being transferred to the Stock jobber, the Oovernment-contractor, and Jew broker; so that, without a speedy and effectnal Worm ofthe whole system of Oovernment, the final ruin of all who possess no other property, or who do not rank amongst the very great landholders and aristocracy of the country, is inevitable. And whence comes all this distress and misery, tut because the present Ministers persist in levying the same amount of taxes on the country, and even boast of an increase, when all property, real or merchandise able, is reduced more than one-half, perhaps two-thirds in value, and is still reducing in elect proportion to the continued diminution of what is . called the circu lating medium, or paper money ? In 1604 the Landed and Agricultural Interests felt a pressure, sod why ? because (in addition to previous bad harvests) the Bank of England, which was to hive paid in tub within six months after the peace concluded in March 1802, began to be apprehensive that they could sot dr lode their creditors with empty promises moth logger. and therefore drew in a portion of their paperoneeey, which began to be smartly felt in 1804.* But the War had now begun again; a Bill had been passed to put off Cash-Payments till six months after the sod of the new war ; the paper-money came tumbling Got I. coon earner, and the quarters loaf, which io Lontlesthad been reduced to 90: in 1803, banes the harvest of 1804 had risen to a shilliag, and by December iu that same year was sixteen-pence! So . that high view were again establisbeCat the expense of the awry, and the landlads antfirmere - mesporaelly relisseil4 • In 1814, preparations - for pluming, to _Cash-per meats were Brain' made by the Basks coniiitunat on the peace ; the paper-money was again withdrawn, and, necessarily, down fell prices of : produce ; but ntber suspensiou.bilis came, and the distress of 1813 and 1816 was relieved by a re-issue tipper; sinew when the Bank of England has had oat at one time promises to pay, whicbo righteous Ministry ordered theinnot to pay, to tat Imo vet of thirsty-tiro ! At length the fatal period to this trickish, and in the end certainly destructive, system arrived.. Ministers became astonished at their own daring, sad, In a fit of compunction, imbecility, and presumption, brought forth Mr. Peel's Bill foe the resateptien of cash-pay meets : the thirty . -two millions „are pet. now twenty millions, and that twenty will probab'y he reduced to fifteen by the 616 of April next. The country Bankers have resltteed.theit circulation in a =eh , , greater pro portion than the Beak of Inglaild, which *Wit of •coarsioilways be ; sot that in all probability amass - of paper-moneyi more asti oral *the toemivat of lie- - half of the annul twit* bat bees withdrawn, and the' prices of agricultural produce rediced two-third.; sod yet the same amount of taxation is endeavoured to be levied upon the impoverished county. Farmers, Yeomanry, and Gentlemen of Englaed., here is a true picture of your present situation, and of its immediate cause; persist but a little loafer is sup porting the present Ministers and their system of cot- ruption and inthitility, and your support will speedily he of little consequence to any Minister, or any system of politics! PRICE OF STOCKS TUIS DAY AT ONE O'CLOCK . Stink Stock Lodi* Mock 242 per Cent. Red 771 i 7 Dam ',Ands —s 71 s. 70 s. p n per Cent. Con 78} 7j S.:nth-Sea Mock Si per Cent. S 7? Routh Sea Old Ann. 6 per Cents. 984; .I Ez Bills 241. 1000/.45. bs.p. b per Ct. Navy II la 101 --MI. Os. 4s. 65. pm. 3 per Cent. I ---iimall 6s. Os. 4s. pm. Long Ann India for ditto Imp 3 per Cost. 104946 I Con. for Acct 71414 Irish b per Cent. Lott. Tiek•ls 22/. 144. NMI WATT! AT MINTON- 11 ft DS! .re-ileanovr. Morale* , 12 sta. aftsr&—Ereohar 29 min. after G. LONDON: WZDNIIIIDAY LYMPH), NOVEMBIER 14, 1821. STOCK EXCHANGE, TWELVE O'CLOCK. There is nothing extraordinary on the Exchange to. day. Consols at present are from 78 to sellers. Charlestown papers arriired this morning. to the 11th Oct. and Quebec to the 12th, from which we extract the following : " Extract of a letter from Cape Hayti, Oct. I : Since your friend left this place the transactions at the Custom-honse have been very vexatious. Mr. Appeita, the Collector, was called on business to Port-au-Prince, and a man by the name of Tassey, left to officiate. The first thing to establish his consequence was to order all vessels then at anchor to be searched for money. — An armed force went on board the ship Enterprise, from Philadelphia, the Captain of which vessel lately died, and took 1,700 dollars. They then proceeded to a brig, and after searching every place and not being successful, they took a writing desk and carried it to the Custom-house. Next day Captain Townsend was sent for, when be opened the desk which contained about 700 dollar, in gold, which was deposited in the Treasury. The Agent wrote for both sums to the President,. The Authorities then ordered the 1,700 dollars to be given up immediately. The decision on the 700 gold I hive not yet heard. A schooner a few days ego arrived, belonging to Phila delphia, with flower and gin. She was seised for having gin on board, which was condemned. It would be wise not to visit this part of the Island until the Laws and Regulations are better under. stood. President Boyer is much esteemed by • all foreigners; he encourages trade as much as possible, and if were there more men of his principle in office, business would be done with more satisfaction a► `be Cape. Qyznec, OCT. 4.—The brig Roy Captain Scott and part of the crew and possengera of the brig Earl Dalhousie, of Greenock. (Mm Port William ; says he lost the brig on the sth September. the east end and sonth point of Anticosti. Left about 140 men on the Island that could not be got uff. PIRACY. CHARLESTOWN, OCT. 10.--A letter was received in town by the schooner Eliza, from Metopes''s, giving an account of the capture and robbery of _three ves sels, near the entrance of that harbonr, by a barge filled with ruffians, fitted out expressly for that pur pose. The vessels were a brig, Captain Smith, of Bristol, the captain and crew murdered, and the vessel burnt; schooner Milo, also of . Bristol, captain and two of the crew illurdered, vessel ordered off; and the sloop Collector, of Rhode Island, the crew unmetcifally beaten, and the vessel plundered of every thing valuable and set on fire ; fortunately the crew lad sufficient strength left to save themselves in the boat. Three boats were immediately armed by the American' in port, who went in pursuit of the villains, but "'- turned after an unsuccessful search of thirty-eln qrs. '-Rob -*A"akitiou Though the letters from St. Petersburg and Odessa, referred to in another column, express confidence in the preservation of peace, an article from Vienna, dated Oct. 28, state, that two days before " an impor. Cant piece of intelligence was circulated with the greatest rapidity at Vienna. It was said the Porte had declared war with Irtaisia.' This news may not be authentic, but it is not impossible. ,Such a decla! ration of, war would_be4de this Russian Administra des *behest means of coacludiag the negociaiions; sl , Russia would then be obliged to defend herself. Ores* activity prevails amongst -oar diplomatists ; the girt rival and departure of Con/ions are incessant ; nothiaepositive is known; and the rumours in eirear lotion do' ot appear to deserve any credit." Othet letters from Oermany, however, the French papers as sort, give hopes that through the intervention of the Ambassadors of Austria and England, the Ottoman Porte Would consent to give Russia the satisfaction and guarantees whieh she requires. Other letters assert that Prince de bletternich , had, during his stay at Haw' over. agreed with the blarquess of Londonderry to make to Russia some proposition of a nature not to be refused. In Naples and Sicily, the Austrian measures have been . adopted for preventing. persons from proceeding to Greece. It was expiated even. that there would be an probibit i im o neniast all communications with _ - _ absolute the Islands of the Awl:aping°, the Mores, aid Epirus: 'The surrender of Tripolissa to the Greeks, is again stated ID au article from Calsmats,, dated the 3d of August. The,' fresh vessel's are stated to bare ,sailed from Marseilles for Greece. taring on board 1511 young Germain. Three French passeugeit who Wesel &and on board were compelled to relaad.-4 chaste k _.. ~ . I • in the Neapolitan tplininivration. it is said, will fw take place, and that the Clie% eller tie Medici will rti some the management of affairs, with which be I ris intrusted previous to the Neapolitan revolution in 189. Many persons complain of the 'dunce of the Ass. Lanni at Naples. To that influence several of tr i rigorous measures which have been successively a d s . ed are ascribed : though arrests are said to Inot more numerous than previously. There hu m been as yet any proposition for the redaction at the Austrian troops ; on the contrary, there has h is some talk of their increase. We are sorry to hear from the neighbouring ton of Alexandria, that a fryer of a very maligsaat trp prevails there to an alarming extent. Several d eat h which have recently occurred are no!iced to der, is their proper place ; in addition to which we bare* heard that Mr. James H. Dolany died of the fever e i ' Sunday night. It is reported that as many as i n or six persons have died each day for several daytpu t . To mitigate the pain from these accounts, it is prop s to state, that the Herald of yesterday morning t. tains a communication in which he denies tie ti t . once of the Yellow Fever, admitting however, tht three persons arriving at Alexandria sick from other ports did die of that disease some weeks age, kW that sickness does not exist in a disteessine extent, I f the fever now prevailing at Alexandria be sot as: tagious, it has nevertheless. we are credibly infoneed, many symptoms peculiar to the Yellow Fever.-{ss. tiunal latelligencer, Oct. 8.) The proceedings yesterday in the Court of Eieei Bench, on the motion for a new trial in tie se of MART Ass CARLILE, were animated and Ista *sting. Much as we desire the success of paned practical religion, we cannot conceive its Isla* promoted by legal prosecutions. Persecatiss u promote hypocrisy, but can never effect comas. As the blood of the martyrs was said to prow de seed of the Church, so we observe the penishanh inflicted on the family of Cullum; have only Ishii, in them at least, the spirit of resistance. la eke other cues it has tended to check the proxrets of infidelity, or to further the cause of genuine Chris fluky, we are unable to judge; but we csasettals as instances of its success the load professions ask by the supporters of a State Religion. As the p mane Christian avails himself of the institution of religion for his mural and spiritual important, so does„ the man of the other class for the press tion of his sinister and secular views. The Chrittiu has recourse to them for the sake of their &Amy influence upon himself; the politician for the mow of rendering them instruments of influents T . others. It is a just remark that despotism bas been established in any country without the ssl serviency of the professors o f reli g ion ; &U M. is most highly interesting to the calm of clef I oil ry• ligions liberty, and indeed of religion z eal for its promo tion should not endanger hopiii pies. The danger of the country from the deified irreligious publications, is a libel on the count/Mid has been most studiously spread by Ibis d all others most notoriously destitute or meat. The east demand for publications ous nature, compared with those of an is a convincing proof of the feeling of ' ,f reli The indecision that takes place measures of the Holy Alliance, ma: explained by the events that have With whatever views any one of II desire the overthrow of the TurkisL Europe; there are none that can tonsil nun 'ski* principle on which the OF recce C%lee shock. In like manner of Meek., though pregnant with vantages to Europe, as well as to be regarded but with dread by the established abuse. Despising the opinions of the age—openly professing liberty. and as ?peaty protectil and despotism, they behold the ledg.• with hatred. and the progress . fear. Like ehildree on the see shore, they wet rto parts of sand,' behind which they expect et 1." 1 .1 their wicked privileges and unjust power. !suet endeavouring to ceneiliate the affectioss of 1 1105/11 " he! " II i t y sets of justice and deeds of benevoletce• to be cannon and the sword for their JAM/ sit) 1 7 heretiirth. instead of -beading mate Obi"' d 66. ,414ettat they boldly "pole them; She Y a . asa bteicWgr , old prej a ilies. the M l ts " tY -which is spent. Instead of topicoliff " itab" 'Wads of their subjects the advantagei if 'Monarchies au/ just hereditary °oversews% thel, stn esit" up the roots of Mo narch y by their felip hatred where they should inspire riit" i e steem! Instead of softening t he rifest' if ithsbiSe j i d eP o arcby. assisted by the base and selfish. thifi it _, d -7 'Mader Monarchy detestable. sad engage *hick preempts an abhorrence of its effects. - eons folly was sever displayed, this itt ik. .s - 0 ,avowals of the Ihily-alliancamen. T' t ; i ds 'did not coadeseeed to be hypocrites, y but thil_,e proclaimed themselves as knaves. TheY r . " 'pled but slaves eta obit and would ledge, without inter.. the ' tions as the sad "_ the patio's !"°, 'dons of a * an ow. lid r the noisy at present is it sufficiemdi lately orestel its MAN! Ih 00/ 10011111 insisteotly twit Weeks low the Indspolor inealcatallir Amend , be suns!" le charade, leg hatred IP° ting sellen di° spread of kot ss of freeits,l66 14.1%1M.a.... ..... 4 doctrines which none hot slaves enforced pretensions which none bet hi wish .to enjoy. Th e y played with the k O , , and outraged the feelia g s of tnankirolt ° v l out 'weighing the conseqnences of / elt 0 .. 1 . they o p enl y declared that they would c Coatinent of Europe to the will sad i sof teams, despots. They avowed the ,' - • be enemies of all revastioes. however net however just : they -averred theoseirre. N e t " patio's of l eg itionte tyrson stwor y, howerer . . . • ' sod however absurd. They.d Italy in their galling chains. soi l is '4; 010 1 . big P'h'i.d tioas e ' /e ach c renews yest ose stb ! Welles Yell the Tt irks Thl peter be (or but 0 blialr AI coos thsr prod ion. Into A I9ti 4bel Am Joe boy 'di • *te Li Il t . 41 . J et t totatzantatt. "THE RIMINI STATESMAN " IS INCORPORATED WIT* " THE STATESMAN." ■