The Statesman. — London, England, 1814-05-07 00:00:00

• . o.l'a • ~:~ q ;s.. dk • .7 • - . Seem, le Oat be sera* to have thought , tripeptiseheela ef , th4 lite Legislative whenever,.it Mead le kis way , yet he weer tried to maim it, bet, let it eite span Its lep again. There was in the very iiolenop which these occasions drew forth, an indi sedan both of an ability and a desire of resiltance, which inspired a hope that such indignities would not always be submitted to. His assaults on the Con stitution bespoke a presumptuous mind, but not the i subtle arts of a deep undermining politician. I have confined my remarks to the main point; but there are other articles (the 2lst in particular) !nem; pallble, in my idea l with the permanency of . a °free Government; perhaps t may advert to this article in a future letter; it is high time to close the present. lan all public discussions the contest ought to be 'for, measures, not men. The question is not . a personal; one between the two Dynasties, but whether thelor terests of the French nation, shall be directed by'the aggregate reasou of the nation or not? Seriously I. doubt whether the accompliskinent of this trial point is intended by those who' decide the prelent i destiny of the French. But, if even they are se disposed, the present Coostitntion is not calculated, itt my humble opinion, to give effect to that inten tion. This opinion Ray be correct, or it may be otherwise ; but howevei that may be, it is not to ttO denied that the interests of every nation ought to be COURT &IP,CIIANCSRit. Kilt 6. stractiesta,v. nun. ....sao. . . The e tca-Cnincact.on gave judgeliint to-lay in this case, the deciaion of which was one baling a considerable bearing on the interests of the cerium nity. The circumstances he had to detail were these : ---A considerable property in Montgomeryshire was mortgaged by an ancestor of the Plaintiff, in the liar 1777, to a person of whom the Defendant, in the capacity of a trustee, is the representative. The, mortgagee having, by regular process, obtained posses- I don of the mortgaged premises, he and his representa tives have continued in possession for more than 20 [ years, the time which bars redemption by the Statute jof James I. The Plaintiff, however, in•consequence lof an admission of a person then • in , remainder to the property, in the year 1799, hid lied his bill to be admitted to equity of redemption. The Defend ant now came forward with a plea in bar, urging . : the limitation arising from the '2O. year possession,. bet not noticing the admission by the remainder man.. The 20 years possession, however; had not been' denied in the bill, which had rested entirely on 'the' limitation being done away by the admission. Ills Honour disallowed the plea, as not having met this charge of the bill. .. • T{z NOT, laid" discharged from Mtn at the time he became bank act of bankruptcy on which the and the object of Sir S. Romilly's those to prove who could not pro‘ signees could not say their commissi, under that they derived all their the bankrupt, 9 East, %1. 15 Yes. jun; . 180.• Euixtianintibst.—The object of the Act was to permitcartain persons to peeve, on certain terms, which, if they are not complied with, then they are in ado quo. The Court would have hid no deabt i bad not a doubt occurred to a most intelligent and learned mind. They will certify their opinion to thd ; Chancellor. IV THE MATTLEt. OP Mr. Almon showed cause against an attachment, which had beep obtained by the Attorney:General, against a Captain of a Spanish vessel of war 3 Eov not obeying a writ of habeas corpus, to bring up th e . !body of an African. • The writ hail been served on , the Captain, who, being a Spaniard, did not under. stand the English language, and was not aware af its imperious nature. .The fact was,. dot the appe. cant was a prisoner of war, and had nirde his eicapa froinlbe Captain's ship. He cited t Bur: 765, tilt an habeas corpus did not lie against a prisoner at I war . Ms .„, Wr i girk i rMillr‘ 7 591111111 r . 'i .", - n 74 . 1 10°' . ' ' = 1, ' p c t . 4 . , ' ." • . . A • ----'Ol----•••••ximairms: d i I . t .a, trite te 1 La, imityLuasNcg, .4 'lire • . that by. ft 000.-it. .• debts duo from [rapt (i. e:y ) oft commission Isikkiti s Act was io eniib~ t! )ve before. The al. nissi o w was bad, for , title: neither could iF r TUE ritgital PrOLOpp , . •, , ,..4: • • [Ganrleded tram Yesterday's Stnialeii4 • • • As have no great faith inliereditary phis% 1 do not expect that the •sational sentiment will derive in increase of juststes.s, or accuracy, from thseser. thins of this body in future. Many of tits pre. sent Men possess considerable talent ; but they will soon be off the stage, and then the institution will be merely ornamentat ; they will be " the Corinthian pillars" of the Bourbonic throne. France, too, will have her " hospital of incurables;' and if her •Iftli. niters should also learn the knack of influencing the . popular representatives, the old despotism will be revived as effectually as before; but the operation' will be lees apparent, and the espenoets attending it wry considerably enhanced. In all governments that are free, or pretend to be free, the point of the very- highest importance, is the Ilepresentution of the People. It will not escape the reader's atten tion, that by the present Constitutioo, the French Firprestintative is to hold his office for five years to- Mead of two. What can this be for, unless it be to resider the delegate it:dimwit:at of his constituents ?• We have been told that BONAIDARTes government was despotic ; our newspapers have salted the Senate his ' basic- before their eyes the apprehen- vile ;yes, not . erg . .. - - Rios, perhatra, that the sanction of these vile slaves] regulate d by the collected wisdom or that nation,' -awn— ----. might ever be wanted for 'our own purposes: the and not by the caprice or the private views of guy' „,... COURT OF KING'S BENCH, MAY 6. The cotut said, that if that had been stated, they 1 4 . s ielatiee Body too they have railed at, for their man, or set of men, in it. It is a constitutioeat - I IN RE-PHILLIPS. and . would o f have vented the writ ; but the Captain obsequibiteness; although their trust lasted only for doctrine with us, that British interesteare to be dee . This was a case from the Court of Chancery to ; should have returned that fact to the wrie eeto years, consequently sash a hefehuseutation must termined by the wisdom of a British gehliameal l ; take the opinion of this Court on the following facts, I ' The At"roimil-GiWpiAt add, the writ had been have been the wet 30.1, to iselleuref l'artittments: ne.. a n d g uarded by its vigilance. Thus we sometimes , and Sir S. Romllly'sthe stet. 46 G. all 13 5 s PrenerlY glinted. • Th e Spanish ship had taken die vertheless our Papers say that kloaetihtailes govern- hear ' of an appeal being made to the national semi- ' sec. 1 and 2, by whith it is enacted, that in cases ship of which the present African was ca pt a i n ; ntent was despotic. Now. .I do wit 'assert, Mr. merit by the dissolution of one Parliament and the' of commissions of bankrupt thereafter to be issued, theship was not uow detained regularly as a se i zure I.:whoa, that it was :set despode,, for well I know,' calling of another. Now, whatever may be said of all paymeuts by and to, and all dealings and trans- ; but by the revenue offiuers, and the Af r ican h a d bed there never yet was a epees. otgovernmerstluveuted ! the inequality sad incompetency of our ltepresenta- !actions by and with, any bankrupt, bona fi de made detained to superintend the landing of the cargo .„‘... or entered into more than two calendar mouths be- There: were now two objects—to Maintain the authe, by man, which woulli preserve a *Son frog: that I lion, it mast be confessed that we have here a full • nay not anxious of Wail so; an d tliterefOrev.beitlg 1 acknowledgment of The-prteeciple-iforarlithirt Cone ; fore the date of such commission, shall, notwith- hrity of the Court, and to get the*African discliargeil; conicioutof this troth, I dare not art that Dope- i tend, atsd in which the verressence of liberty con- ; standing any prior act of bankruptcy committed by ; and the Court thought the best way of e ffecti n g th ole raiere's government might not be despotic ; but this : slots. ! such bankrupt, be good, provided the person so. ' was by granting a rule to quash this attachment, dealing with such bankrupt had note at the time of , span consent to set the African at liberty, if the I am disposed to think, that if it was s o, the p eo p le I It was with t h in view that I took some pains at the ' were inclined that it should be so; either the fever . such transaction, notice of any prior act of bank- : Court should think he ought to be liberated. commencement of this lettet, to show the Reader, of liberty had subsided, or else the nation was die: ruptcy having been committed by such bankrupt, or! ! by quotations from the Abbe Alesey, that the de- ' !!used not to quarrel with its Chief during that that he was insolvent, or had stopped payment; and cri- slot and scope of the-first Constitution was to give . heal period of contention. I maintain, Sir, .that a in all cases of commissions of bankrupt thereafter to that activity to the public mind, which is so ' condo- • nation possessed of a representation, 'renewablebe Issued, every person with whom the bankrupt cive to the advancement and maturation of the na. : every two years, by the means of impartial election, ! shalt have really and bona ,fide contracted any debt tional, reason ; and if in this march the French has the power of being free whenever itpleases._before the date and suing forth of such commission, 1 people were led wron g , we ought not le much to And to felt the reader ingenuously my mince this was which, if contracted before any act of bankruptcy • blame them as those who practised opal, - their Ines the point I always relied upon. Whenever I heard , committed, might have been proved under such corn periente. Neither oug ht w.e .eo forget our own i of any arbitrary act on the part of NtLPOLEON, thismission, shalt, notwithstanding any prior act of hank faults in censuring those of ethers. Nothing that; hope always cheered rite; I said to myself, when the be admitted to prove such debt, and to be a the French did could be more than our i Goverument is established, and the world at peace, ! creditor under such commission, in like maanSr as if recourse to the sword, fOr the purpose of extermi the French people will teach you better manners, . natilm , unsueb prior act of bankruptcy had been committed, principles abroad that constitute the basis of ' Mr. Boer. I never could suppose that a nation = pewrided such creditor had not, at the time of the our own Constitution at home. ' I have ,quoted in which such excellent works were circulated as that debt being contracted, notice of any prioract of bank- PLOWDEII, who quotes FORTI/ItUE 'who quckes St, of M ABLY, and severe' others that I could mention, ruptcy. The bankrupt in this case was II: Phillips, T/1014AS AIIIgNAS, to show , • mankind had would allow its rights to be violated longer than it sine- merchant , who, in Aug. 1810, being in part never forfeited p ar adise , the y would hate been go- ' was politic and necessary for them to remain silent.ttership with S, II o , they became jointly in terned now by those very principles, which we have ' But I am not prepared to say that as much may bedebted to J. Pentold, in tile sum 0f.40001. for whkh shed so much blood to eradicate and suppress OR the done by the instrumentality of representatives for . they gave bills of cschangc as securities. Philiips Continent; and of selikh we now, after all - this five years, as can be effected by the means of retire e . . r. _ committed an act , of bankruptcy, which Was rolleisher havock actd misery created ht the world pa OW seittatives for two. I therefore consider this as a - very , . . J ' • • ti I • k 'Yr- ' by ijo commission,„ and this act •of bankruptcy waif , , coeut, pretenn to be the patrons. may Weis swig ' . , • . important alteration, and am consequently led to ase r 'ln October, 18113, tiit pettier.: mutated proofs dispel the remaies of thee illesiee ' known tn tel ' fbld ' •-•:,by what authority is it effected? Reason and justice tellm kt did , ship erehteci•threeejoitit tour seteutt bailie to Pen. .first spread abroad by an' eloquent writers; . s, tie that no trust can be extended beyond the term, or fold, with : interest. Brewery the let of November more mischief with his pen than • ; Bensiammu the conditions, for, ollsupon, which it was confided, , and the.end of December, 1810, Phillips became in.. with his sword considering that *wee the piens without the consent of the party who first granted debted to Business in 800!. and Ott the Ist of April, mover of the w hol e, the first kindle". of site it. Supposing that I were disposed to gait this coup-' flame; 1811, committed atinther act of bankruptcy, which, ' and although his abilities were ooelsmip epebledhlto for France, ankletire the -bout- In /kWh I..eifon theeth of April, was followed*, by a comtniv• to set a whole world in arms, yet was' he no more (7,l,writing this letter, and any other property sion on the petition Of Bowness, and under this cora ►l than a frothy, superficial- delahner, and withal, a , *ay peewee, be it what it may, to the cave or guars: j ditisebip of a pima who I think I can confide in feel Iwo yews, intending at the end of thet period to . , most contemptible fellow, at teet, in the histnble ',opinion Of TIMOTHY Teuwete, whose independent mind will never pay to popular celebrity the respect mission Penfold Proved 10941. and the question was, whether he had a right to do so ? ilttekins had not become bankrupt: there were joint and separate Mavis, and see how my agent has ,eohducted hins-1;i funds. 1 ly due to sincerity and truth. Woe to that us. . self, and, according to circumstances, displace! ( T ea! where the man of talent (however splendid ; er continue hits; and suppose wh " I eetzli,rn lie Ralf se talents may be) shall: te able to prostitute him. livid him set op a new authority, by vi _, h `," ,'"' 'self to venal purposes, witlsau4 incurring the odium l3 WM Mr..Gtrroao ma i nt ai n ed the affirmative pf this ! questiOn. Pen'to'd htql 'certainly such a right before the statute ; ahlt Ilse question was, whether he had • winds to .be my agent _ agaielit.-PAY-Wins...tur .. 0 e a contemptible fellow I . it not since. Every , thing which is . due at the time or 'full term and duration of flue years, %mura of the act of bankruptcy, is probable under the it not be clear, !Dirt if such an appointment 1 ' ' St. 'Noises has told us hew wearould have been commission, and barred by, the certificate. :2..gpe; could be maintained, my right of property mest ea. ! governed in Paradise ; but why, I ask, are we not 'avid Publ 1. This vine clearly a debt to Penfold at Wish ? and that be who co uld do ads wood h i , th e !, governed so here? Is it not the interest of all men the time of the act' of . bankruptcy. 1 Ceiri. 489 0 - master of my bOoSe l fr4; sad I bog leen le ask by the i that right reason should regulate the c oncerns, not .on which Lord Ellenborough says, the grievance same Nl* of reastselog, whether this Geweeenotiee ; only of our own nation, but of every other, since ! which the statute menet to remedy, was the practice Senate, as they are pleased to all theaselemi,thisot, . the general peace of Europe depends upon the gene- ! o f upsetting commissions of bankruptcy prior to by esteadies die reproseatmin. oast frets twe.mrs . rah influence of reason ? What calamities would he that relied _upon on the part of the assignees, as had to ,five l eonimit es gent, mi t e far meter oiolol of spared to - sufferiug hanianity, what a paradise would .happeteel so repeatedly in Steel's bankruptcy, and . privets", thins wooklhooseweleted to the case :here this earth be, if the nations that dwell open it would ,i n 4i - he r instances, ' The intention of the statute soprani ; fen ha * li do. cossatelea Ole files - videpige . fellow that rational principle which Providenee gave i wet nit to narrow, but to eatend the relief to ere property consistent thy= that glee security to them fur a. guide, and which, if they negiect to ditork. Au act : of bankruptcy is nothing, uhless our persons, es well as yto the e ajoyeseet o f ; follow, they are sure to suffer for it : such suffering ' f o ll ow ed up bit ICEOMMISSiOiI 2T. R. 479. Any *De goods. Sigh are the eights outraged to the ; seldom!p r e vent s a re p etition of the folly-. ' i other coestratetime of this statute would introduce Board of the people's representatives; mid shell a' LACTANTIUS has well said, that the laws of read this mitchief,7--thet if a creditor should happen to nation, amounting to 30 millions, permit these rights son are never violated with impunity. i fhotigti -men k m! " of an act of bankruptcy committed five years to be violated by a body of dear 6 indtridaals, Wen , evade other lilies, 'they will not (says he) lisceile the before % although the act on which the commission though they had never been designated as the " vita hponsequences which always attend the breach 'of tridihitia be centted only the day before slaves of a despot ?" But.this is not the fall extent lithese : he means us to understand, that etch 'the ; thath /sitting, ' the creditor would be barred from of the evil; fur this usisrpfUes Sweats (a name that t rulers Of nations, who can make their convenience . proving under it, and the bankrupt would be still seems better fitted to it than. that of Conservative, f their law, will suffer by the violation Of this Veit ! liable. • . at trait, in my opinion), gives us terunderstand by I natural lawe-and indeed so must their people, when. I ; Lord geeproottotion.—. l an act of bankruptcy, the 9th article, that same innovation is intended to lever they become, as it too generally happens, their ! without a petitioning creditor's deb t. at the time, is be made in the mode of election unto, as walla s the i accemplices in the offente. Deiirant Mies, Says good for nothing. There was formerly:a cantikna It duration of, the representative trust ; for aye the i the poets Ind' . the people weep over' thih' effects to thecontrary of. this ; but union Out I:this/ 4 1)1okt Electoral Colleges shall be preserved, ". with the of Itoyalalelirium, that is, hi the end ; bUt field they ruptcy were athentWavith alt its: aCcooipattia4otai exception of the changes that may be made bye law catch the infection ; the phreniy paisot fries the the cases to the contrary .were wrongly decided in in their organization. llere..,theo. the ksreech prinds to the peasant, it rages in every itoeaft, and every iuxtance. It h time to return to the common - people are plainly told, that 10_1000f t‘gplatiqa.. Mato Mei-rush voluntarily upon that destrisetitin *Mete ' sense, from which the decisions on Steel's bankrupt take place respecting the mode by which their Dale- Justice intends should be the chastieernerahof : thele4y . hed removed we - - „- gates are in future to be elected ;so that what power folly . These are the ordinations of Provide:tees:Midi Mr. Miattyafribillere. Contended that the eta: , of choice may ultimately remain to the people over who shalt say that they are not just ? Who *heti . title:wits not meant to -extend the power Of prose's their own Representatives, no man can tell : the most say, that having given men reason to be their guide, • lag tePersene.whci hadnotiee of a prior act of Wake necessary article, the fundamental principle% ao es - he d oth wron g in p unishin g them for disobeying hi : employs . . . • sentially requisite for securing the people's freedoms prec e p ts 3 The loss of a g reat many lives, and the I - . i11r..1. IA ilhaWc.—Then every such c reditor is is thus left unsettled ; and a man might with ease burden of an enormous debt, are the punisheledti • excluded from every. remedy. suggest a clause to be introduced into this new or- which we have incurred by a war madly underhilteii Mr. Menairec replied, that his certificate dls. ganization of the Electoral Colleges that would ren- to prevent the government of reason in France. Moy charged him only' as to debts provable by the eta. der all the other articles of the Constitution nuga- We !elm wisdom by experience ! May we respect tuts. •.` tory ; end, in short, leave the whole system at the hereafter in other nations the same free principlet Mr. J. Le BLAWC.- , -Then it lathes the bankrupt mercy At the Crown. An artful pOliticiati may corn- that ought to be our guide at home ; and particular. i liable to all other debts, though ill Ms .property is pound together the differentingrettients of monarchy, ty may we respect them is the Ali tivernm'ent of Amth+ taken away bye seheeenent-commissies... , aristocracy, and democracy, insuch forms and pro. tier! lint; 'alas !—I elenithelieltve this for anothei Nr. J. 134hsilii.—Then it would, be good re. __ ..7'5 - V, _ _ 1- 4 • - • Akio tr' a :plea of bankruptcy • h certificate; COURT OF EXCH r.QU ER, MAY 6. ROBINSONS V. MAT AND 'OVUM This case came before the court upon Demurrer, by the Plaintiffs, to the pleas put in on the part of the Defendants. The action was brought by the Plaintiffs to recover from the Defendants a compm. sation in damages fOr an injury sustained by the Plaintiffs, in their chiriCher ind reputation, in con sequence of a libel published against them by the Defendants. it appeared that a certain meeting or society was held at a room In Southwold, called the Cassino, frequented by proprietors, by annual sub. scribers, and by others • and the libel in question, consisted in this, thit the Defendants and others, 'itthe Were described as proprietors of and subscribing to this room, had come to a resolution, pin-porting that the Res. Mr. John Robinson and Mr. James Rohl:owl being unfit persons to be associated with [kr. them, be rejected. After hearing Counsel, • The Couri was unanimously of opinion, that there , Was nethitig itt the publication in question which could - be said to constitute a libel, and, thereforei ordered .that judgment should. be Intesed ler the Defendants. • • •CONSISTORY COURT, A DOCTORS' smantatii, MY 6. DAYS (ItiLSELY CALLED JAftiiS) V. SAWS. • In this case, which . was a proceeding for a mill of marriage, by reason of minority, - it will be collected, from our report of the hearing, thit the Court was then of opinion, that all the factsneces. sary to sustain the sentence of nullity were sulficieutm ly proved ; hut it was, thought necessary, for the in. formation of the Conk merely, that the death of the minor's father brainlike, and the consequent non. appointment of a testamentary guardian, who would Otherwise have the dest legal right of consent to the minor's marriage, should be further ascertained by a search in the proper offices for a grant of probate of the will or letters of administration of the deceased; atid•the conclusion of the cause was therefore re. 'chided for the purpose of receiving evidence upon that point. Due search was accordingly made by a competent person, whose evidence was this day read to the Court, and from which it appeared that 'au will of the deceased father of the minor had been proved, or letters of administration granted, up to the present time. • SirlVu. Scow was • of opinion, that this evidence amply supplied the information required, and that the case was now complete. As the object of the suit was to set aside a marriage which bad been twice celebrated, with a view to give it-more complete le• gal effect, and it had subsisted undisturbed for N many years since; it was not without great pain that the Court felt itself under the necessity of pronounc. ing the marriage null and void, but the evidence is the cause rendered such - a decision an imperative deity. • The sentence of nullity was accordingly read and signed. EWING P. WIIEATLET. This was w cause of nullity of marriage, brought by Martha Ewing, of the parish of St. Mary.le. bonne, against Francis Wheatley, her husband, for the•witat of a licaucedely;had and obtisiwed% The case came before the Court on the admission of the libel, consisting of a number of articles, which cbkrged Mr. Wheatley with falsely describing ittniself 'on procuring the licence, and with a inside. lent alt4retion - of the same previous to the solemnize• tion of the marriage between the parties, which took place on the 19th November last, in the parish above stated. It appeared itt the licence granted, that the Lady's name was spelt 44 Ewen" instead Of ie Ewing," and that' Mt. Wheatley corrected it " Ewing;" being her right Illllllle.' It was contend• ed on the part of the wife, that describing himself falsely,. and altering the'licence as stated, was dune with a. fraudulent_ intention, and therefore it would ;1;64(04 instrument, and make - the merrier Dull ittid void:, 4; The Chute r irut o staileSdorr), ano tat. Pit, btibg lite'varFentt 'article. in. the libel; • Was cleiaty opinion,. that - there was no fraud intender by the party this case, and therefore rejected the , , be a lifes.. :0 pi § k trite it is that such bitikruptcY'hiis' place but yOu had committed a prior act of 'titter ) of *MA had'uotice. 5 • Lord ELLENnottoron.7—The ques6.o4 is, whether ,p .i creditor t kpowing of !to inoyeratitg,rt of Bank. etsptcy, is eacluded.frotupspving under commisstot upon an operative acts? Mr,J. wird ." any" itt 4 Wt °lnset hi el"Witibed s"ary. Vribr, iqt ef 4 mtu keg° Coijjak . .:l4l;;ll;4 finO Pai41414 . Lei:Ses, al 1 44 ' I.ey under which a commission issue d." 4 STA TIMM* 11 °Erten. VI flettAltrellt• p --,, rtions as to make almost an endless variety of Governments, but none of these would deserve the name of a free Constitution, without that indispeuT 1 sinle article, that sine qua non, a free and algal 00 presentation of the people. The new French cod.. atitution dees not insure this, and, .therefere; aortal opinion, it cannot be called a free Conetitutiesa-. 4 ., 'I he system seems specious in nmoy respeds, *lib Liberty it pretends to set up wants radical seppeet4 it has no legs to stand upon. Now, Abbe. Be st Sera war intemperate sitd impatient of resist occasion, • .id sobsciribe myself . 71." 111111 1 1 1. • Beekkillialielk Apt* Mt . . : - 74 7 . • • W. . tookt • nishire and lilt neigh bourly* . - .... ,tlisit . disorders bare vest —, • . , `1" .. ' his now uniierstoodtbet tilos. . ',' ' t 116 iyiiiiokitely referral* tint ausig deratioreolf+idienseutb •f. he. vapors. liort fos'oOtoe time bees lo Lord Stossovises office. T • .". r ., , • 4 41, :,'~• 1