The Statesman. — London, England, 1818-03-09 00:00:00

-„.....---:- .. vos. 4. , ... . k% . •" 4 , geace, but neitherbb nor his Learned Coadjutor bad been able to produce one vise in support of their ar. gument. The case bad been conducted as if there was any analogy between Courts of Equity and Law.' Hut it ought tir be remembered that whatever might be the practice of a Court of Lew, that had nothing , to do with equity, and there was no analogy what ever bet eaten them. . The case was not a novel ono.• for the very same arguments had been made use of 20 lieneti, 'but ilitlinet suCetis. What was there pee.- ... -llarly lotereslistg in 4t to justify a departire frons.tirt festabliabed practice of thy . Court, especially after what the collected wisdom of Chancellors for two centuries had laid dee* Ifs he the fele. Was it b.% game her Royal flightless the Princess of Wales oh the one hand end the Prime Minister of Englund - and • diplomatic personage on the other, were the par ties? Certainty not ; and there was no doubt but had • this beet; a common case in which John Smith and Meer Jones M Pre parties, that such an argument mould never have been used, nor the case treated at Nt as it had been. 'rho Prime Minister bad made no • . e etfitlytit in support of the motion s or, et least what amounted to the same thing, he had made no state. sent on his protestation of honour, but left this to, - Ate done by Count Minister. That Ambassador had. - etude an *admen, bat what did it amount to? It assely @sprayed iris belief, that if the document was, —produced, something might be there seen which lareetd be beneficial to him; but it by no means ; Stated, that if he saw the document something would• be seen beneficial to his interests as executor. All the other side coqld expect, all they had a right to • do, was to answer the bill, or file a cross bill, be cause it was not at all material for them to see the deed. But supposing it was material for them, his •Lord,hip could not give them' them the permission , . of seeing it without departing from the practice of the Court; and this case could be viewed in no other light than those which commonly came before the Court. end no such motion had ever been granted.— lied been argoed that by the bill if did not appear w here the deeds were made out, but this certainly • was a point of no importance whatever in the deri sion which the Court would come to. It was farther said the bill was shy and modest ; hot his Lordship bad not to be told that shyness and modesty were venial faults, and could easily be cured. Consider. log, their, the established practice of the Court, and the trill* grounds by which the motion was sup ported, the Learned Counsel capressed no doubt but it stook! meet • direct refusal. •• The Loan CHANCELLOR considered the case one of great importance to the Public, and so far as re leted to the practice of the Court, he had no doubt • of its forming an important precedent hereafter, and on that account he was the more bound to attend to it. It was armee_ he-should look minutely into the affidavit of ConWirlunster, and also into the bill filed by her Royal Highness the Princess of Wales, as the question of two securities being given for one sum was somewhat peculiar. In copies of bills of exchange, it was common to mark them as, first, second, or third, that should two not come to hand, the third might ; but it was singular here, that the sum of 15,0001. should be secured by two deeds, drawn, as it appeared, both in the same day. The SoLictroa-GENERAL then replied. Ile felt it his duty in the first place to advert to the allusion which had been made to the high rank of the parties. Ile considered such illusions to have been extremely improper, because it was, and he hoped ever would be, the boast of England, that justice was impar. tially administered between rich and poor, high and lOW. Ile was sure that whatever the rank of the parties might be, Iris Lordship would consider the case with the same impartiality as he did that of the most obscure suitor ;in the Court. With respect to the case itself, he had the authority of his Learned Friends for saying, that it was not a Hovel one, and he might have produced cases in sop. • port of his motion, had he not acted from the con. . -viction of his Lordship being intimately acquainted • with them. It was utterly impossible for Count • M onster to make any other affidavit than he had done, unless he saw the deed, for he could not tell whether • •it might or might not be for his advantage. The bill tiled by the Ito) al Plaintiff imposed on the Defend. cots the necessity of either denying or admitting the validity of the second document ; and surely it must be material for them to see it before they ran make each admission or denial. With respect to the pro ceedings in Courts of Law, he declared he had no in. tention of arguing that‘ there was any analogy, as all that he meant was, that Lord Mansfield had, above 'lllO years ago, laid it down as a rule, that such in. Stenments should be produced, that Learned Judge Banking such was agreeable to the principles on which a Court of Equity acted. The case was singular, in consequence of the documents differing in one point, .the first specifying that the 15,0001. and interest should be paid on the filth of August, in sterling imoney of the realm, while the other stipulated the fayment should be made in Louis d'ors in 1816, without any regard to a particular month. On the whole, he left the case in his Lord hip's hands, with a decided conviction of his Lordship acting in it with the same impartiality as be was well known to do In every case that cametefore him. The LORD CHANCELLOR hoped, that in this and in every other case he should be enabled to come to a proper conclusion, without any regard to the 'Rua , tion of the parties who were suitors in the Court.— God forbid that the day should ever arrive when en English Judge would permit his judgment to be warped by private feelings, or permit the tribunals of justice to be the vehicle of party feelings and party regards. Feeling, as he did, the most profound re spect for the ezalted situation of her Royal Highness, and also for that of the tiro Defendants, he could View them in no other light than he did the common senors whose eases he was daily called to hear. The bill, as he understood it, was filed by her Royal Highness to receive the payment of this 15,0001. from the execotors of the late Duke of Brunswick, which eaecuton had, as he presumed, been advised inconsistency with their duty to the children of the deceased, to insist on the production of this second security which the Plaintiff had received for the sum. Tke case, as he had already observed, was very im portant with relation to the long established practice of the Court, and he would therefore minutely es mine the bill and the affidavit before giving judg ment. At the same time he felt it his duty to make Gus or two observations oo what bad fallen froth the ..; ;. ,;-+~,. THE STATESMAN. Learned Counsel who had so ably conducted this case. lie was aware of the practice which, since the diykof I.„a hod been attoplettir.CoPie . 4 La wrwStsrel 4 it d een held theA a pt's:firi lipecialtimight fps *Mated oh. principli had'. •beeti adopt id •Isi • tlik who bisisefi had lorig been colvenitit with Courts of Equity, ba twg . had. soul pasotipa,thase. Bet, with all doe respect for Lord be thought that Judge had mistaken what Courts' of Equity would do in stub cases, and he (Lord Cbanceitor) did nqt think the roles of law applicable lime. • On Tuesday mon ing hP'ssould posiiively Rive judgment. PURA; OF STOCKS THIS DAY AT ()NH O'CLOCK: Bank Stock 5 per Cent. Navy 105j1k 9 per Ceut. lied. India Bond* 96 p S per Cent. Cos...pis 77; 781 Stock Consuls for Acc. 7$&U Long Ann. 4 per Cent. Excitequer Rills 21 IR p petted to , be but off; the Argus is soak deryet in the' sa`d; ?tie WAtitude also deeper in tOe tad: . fet A not 8.-ffittrivin itoor !toad* yes , terdatese*lrthe Europe, .istion,.l'or India ; re ' main the Java and the Pretiklii Iftdiamme-: : :Cente in the Watchful Revenue cotter, with loss of anchor and cible; the LOW . Wellington ; Keene, has ran 'down from Pansind:bole; with loss of anchor and cable,..and brought s et Jp., : oet. reads; the Prince Rtgent schnorier•dromewat of the Roads last night. POOLS, MARCH B.—A Medd the -Ann, -Deroests, from Newfoundland, leaky ; ailed 18th January, and soon got jammed in the ice, where she remained 4 29 days. They were just In soundings when the gale came on, and report that it was net by any means so severe as we have found it. . blwroao, Mann 6.—The Minerva, Hemphreys, lost her bowsprit,_ . and received other damage ; the Donegal, Courtney, is on shore; Friends Increase, Harvey; lost her main-mast and bowsprit ; the Sandwich, Post.otbce packet, has been on shore, but has got off again with damage. The Earl of Leicester Post.office packet parted from her cables, and has been on shore, but has been got off with damage; and the Gower Post-office packet upset her windlass, and received other damage. HULL, MARCH G.—During the gale of iVedoes. dry last, the Metcalf, Tindal ; and the Providence, Waiter, both for Leeds from London, with goods, were claim on shore and sunk. • NOUTH SHIELDS, M AUCII 6.—The brig Piece, Cooper, and the Juno, Storm, are on shore, and the Mate of the former is drowned—sil hands else are safe, The 1,..dy Jane, Fleming, sailed to-day fur Davis's Straits. The Bill of Indemnity, which Ministers !Dye made so comprehensive as to include, in its protecting cape ration, not only themselves and the Magistrates, but the Spies and Informers who have been guilty of so many traitorous and villainous acts, is to undergo a review this evening in the House of Commons.— There is still fresh ground for remaik and objection' to this flagrant piece of injustice to the Country. More important disclaims have been made of the, •rinii foundations of the dark plots charged against•the People. The framers of the Bill for screening the promoters of treason and . tumulto, and the calum. niators of the country, have had good reason_ for desiring to extend thellidemnifying Act to a period' long before the Suspension Bill was passed.—They have also had very special reasons for making the Bill take its start on the day before the PRINCE REGENT seas insulted in going to Me House of Peers.— A most singular fact, which will account for this extension of the Bill, has transpired, and we sus. pect a little time and enquiry might effect many more equally extraordinary discoveries. It is known that the day from which the Indemnity Bill takes its operation, as altered in its . passage through the House of Lords, namely, the 26th of January, 1817, was the day before the Ream received the inselt about which so much has been said, and solemn sp. peals made to !leaven in the Churches.—There was some lurking suspicion and murmur at the time, that those insults proceeded in part from persons in the pay of Government as Spies, and who thus sought to make themselves work. This re trospective operation, indeed, of the Indemnity Bill would of itself be no weak confirmation of those surmises ; but in addition to this, it has been discovered, and openly stated, that Oliver, the master mover of all mischief, " that much injured individual," as Lord SIDMOUTII delights to sty le him, was actually a principal party in the "atrocious" commntions in the Park on that celebrated day.— The Times of this murniug, aye, even the Times, gives the following relation of the particulars that have come to their knowledge respecting this fresh instance of culpability :—" We have now discovered, that the most noted of the Spies, Oliver, was actually a party on that celebrated day in exciting the tu multuous proceedings in the Palk ! We are assured, by a Gentleman of undoubted veracity and respects. bility, that, nii the day of the opening of the last Session of Parliament, he met Oliver at the entrance of the Horse-guards, a very short time before the Panne passed throogh on his way to the House. — They had no sooner saluted each other, than Oliver, elevating his voice an as to attract a very numerous grasp of the by-stemless, poured forth a torrent of abuse upon the Government in general, and his Royal Highness in particular. The Gen tleman to whom •we allude, surprised at this conduct on the part of a man who bad been for merly most clamorous in hie profession of loyalty, exclaimed, • How much you are changed since you " were a serjeant in the Whitechspel volunteers ” 1 --1 To this Mr. Oliver made no reply, but continued bee harangue. The Gentleman parted from him, but re. marked, just as be was going away, that Oliver and a little daik-comPlesinned man among the crowd re. cognised each other as old acquaintances. We are further enured, that Oliver, as a preliminary step to his being taken into the regular employment of the Secretary for the If ome Department, obtained a cer tificate of hie loyal cond!iet from his foimer Command ant, Colonel HARDY, of the Whitechapel Volunteers. Colonel Beene was far from conceiving at the trio.: went of his granting this honourable testimonial, that it was to be esed for the base purpose of qualifying his old serjearit to act as an accredited spy." Such then it seems was . the conductor Oliver on thq day *hen the PitlNGit HAGEN! went to the House s .LONDON: MONDAY, MARCH 9, 10118. i The arrivals, thig morning, of letters from the out ports, and Papers from various part! of the country, bring interesting and voluminous accounts of the de structive.effects of the late terrific harricansf., We have compiled the particulars of the dapage In • the interior, and the towns where Papers are published, under a separate bead ; in some places the direful effect of the gales is described as equalling almost the fury of a West Indio hurricane, but its iavages have not been equally lamentable in all places from which we have accounts. At sea, and along the coast, the disasters have been great, and it appears by the let ters of to-day, that a good many lives have been lost, and many total wrecks the consequence of the it.:on• figured inclemency in the weather. The Brighton accounts state the pleasing circumstance, that though the hurricane has been so dreadfully mischievous on the coast of Kent, it has not produced a single dims. ter along the Sus"ex coast ; and from Portsmoutia we learn, that, though the weather continued severe, the ships rode it out well. The following are the com municatiations from Lloyd's:— PENZANCE, MAUCH 6.—We had a heavy gale here on Wednesday night the 4th inst. frorriS. to S. S. W. The schooner Ann, Davis, of and for Plymouth, with copper, &c. parted two hawsers in the after noon, and held on by a third till eight o'clock in the evening, when she parted and drove nut of the Piers, and went on shore on the beach, and became a com plete wreck ; when she plyted her last rope, the Master and one man took to their boat, which was upset, and both were drowned. The Swedish schooner Maria, Wicksell, parted three cables, carried away her channels, broke her false keel,' and received other damage. LIVERPOOL, MARCtt 7. The Mercury, Rae, sailed from hence the 3d inst. has put back with loss of maintop -mast, and ono man drowned. The Minerva, Sketchley, sailed from hence the 12th ult. put into Ullspool, Loch Broom, the 27th, with loss of main and mizen-masts and other damage—the Mate and two men washed overboard. The Neptune, --, from New York to Dublin, has been boarded by No. 5, Pilot-boat, having been driven out of Dublin Bey With loss of all her anchors and cables. TORBAY, MARCH 7.—Tbe violent storm! on Wed nesday did no injury in this Bay, as it did not con tinue at S. E. more than one hour ; had it continued longer the ships in the Bay must have suffered. RAINSGATE, MAUCH Steitte, - P.M!' This morning we had another very heavy gale from the S. W. to S. S. W. The following is an ac count of part of the damage done, but in the midst of such confusion it is impossible to get all the particulars : —The Jane and Betsey, both of Sunderland, missed the pier, went on shore, and are since gone to pieces. The following ships have all received more or less damage, and all have lost an chors and cables : —The Hope, Trifenia, Ferdinand, Boleno, Effort, Andromeda, Kate, Mary, Came. loon, Pultney, Hope, Mary, Celerity, Thoruley, Tontine, Perseverance, and Stranger. The Hannah, from New Brunswick, i• on shore on Sandwich Flats. Three brigs missed the harboor and ran for the North Seas. MARCH B.—Came in the the Mary, Newpo►t, with the lon of all her masts ; the Thomas, Bell, and the Mi nerva, Strachan, have been got of, and are safe io har bour;lbeAsia,East-indiaman,isdischar4gingher cargo, and it is expected she will be got off; the Auckland has discharged her cargo, and it is expected she will be got off next tide; the Glory has discharged part of her cerio, the remaleder is uttder water, she is el- • , J. IP • .. - 'sgwefist'whott he may, o; with C•onfirlen ee , asserted ' to ha'e helped at aisetistt tviseirensoilgoarteihteheraitirto:: and now we fold Government endeatoaring t o tor , through n 4 law fee his protection, and whi c h eu pressly takes its date, from the day before the attack took place. W e k now ' not what the friends of the Sospensir.end i ono sn i fy Bills• may think of these farts; bet to all impor• persona, they • must, we. think, appear- moo l t roi , ill the cutout,. In relation to the second part of 04, statement, the Time: also justly observes, 4 4 flo, d na ..the fact, that a certikcatt of loyalty was deemed of . cessary, and obtained. by Oliver as a passport to the confidence of Ministers, agree with the stat e " amide in the Hesse of Commons, that, down t o t h o mement of his being sent into the coantry ;ti lt , II Manna" Oliver was a bordiftde accomplice of tilt) disaffected ? Did Oliver conceal the certificat e o f his loyalty ? Did he reserve it as a protection i n pi e 4 future mischief ; and; intending to bb in possean oi t of a stock of treason at his heart, afar that to sale, and so had it .bonght'oltt of Met by Mi; elvers, and his fortify then pet in reqinsition for their see,vice in . ,the functions of a spy ?it... Take this noterlises,wyetch .f in any light yw co , Lord SIDMOUTII e ,.III;d idi eery conscieetioi l oe ., d. jutors, will appearotoqbayw a most •oltetie ao loc i ale in him. , We hop. this eircutn•tatice wilitnou l s oop , the notice of the Menibers of the Heeee'bt this *evening. ...4 -..-• ,T-Nte - ' e s ew aiN4 A Mail front Flanders haa arrived' since Olt 4„, the contents of which are unimportant. Three eae o , suspected of having been concerned in 'h. late at. tempt upon the life of the Dike 'ef Weu t tortoe are stated to have been apprehended. An article in the Ghent Piper of the 2d instant.. purporting to be a letter from the. Hague, contains t Motored explanation of the motives *hid induced the. Prince of OnANcE to rosin his post as Minister of the War Department: The article amounts to this—that had his Royal Highness continued Mi. nister at War, his duty would have required him to appear in the Second Chamber of the States-General, whenever any law should be discussed which was at alt connected with the besiness of the military M. ministration. The dignity, - therefore, of the Heir Apparent might be somewhat lowered by the neces. thy for his answering questions, end mingling io the dispnies of a popular Assembly. Ktvo'g HeALIM.---tioturday her MAJF€TY held hot Monthly Council st Windsor, to receive the R o r r y of the state of the KIN°. Th. Council assembled tt Jll e'clock.• The QuEEN was attessrled in (7eivicil by the Archbishops of CANTERBURY and Yon, 'he Duke of MosToosi, ind Lord ARIAN. Ti.. (nl. Inwirtg Reixprt was agreed upon to be Chown t. the Public Pit St. Jamo.'s raisee yesterday, which was exhibited by 1.-. rd ST. iletta's, Sir ARTHUR I.l:(Ass, the Ktsioes Lord anti Groom in Waiting, the l'sges in Waiting; &c. Whither Castle, March 1. 44 IDS MAJESTY has passed the hot mnn'h in Brett tranquillity, and continues to enjoy a good slate of bodily health; but his MAJESTY'S disorder is ■n. changed. 4 4 HENRY HALFORD, N. BAII,LIE. " W. lIESKRDEN. HOB. WILLIS." A letter from Genoa thus corrects the tormrr statemetes relative to the late transactions et Al. giers :—" It was not the son of the English Consul that the Dee commanded to be arreeled, but a pitmen of the name of BEN ZMEAN, son of a former Eitgl.sh 'Vice-Consul. This young man had not been imp , . soned, but obliged to become a Mossulman, and dm Dor has given hint an employment in his hairlike.— , Lastly, it was not the daughter of the Sardinitio Vi a. Consul who had been caroled off and shut op in the Seraglio, but the daughter of a person named Pei sr mew, a Sardinian subject, who, after having bee* for teenty years iu slavery at Algiers, now lives at liberty and carries on a little trade. Teti yoga/ person is god.daoghter of M. DELeiNo, the Sardinia's Vice-Consul, who has formerly been wend time( in Africa. Saturday night dispatches were sent off from the Secretary of State's Office to the West ladies and America. It is generally believed that Government his de. termined, in compliance with the Petitions from ut• venal out-ports, to take off the duties on coals car• tied coasteise, which have been long felt as so heavy a burthen in this city, and to substitute an excise of 2s. per chaldrote on both inland and sea coal. It is calculated that this alteration will produce an aut. mentailets of the Revenue to the amount of 500,0001. per annum. Several Freeholders of Wiltshire, at the head of whom is Mr. HALLETT, have written to Mr. FEL WAR CRAVEN, of Chilton-how., in that county, with a request that he will become a Candidate for its re• presentation at the nest Election. They conclude their address as follows And, Sir, we require only one pledge from you, whil that you, on no account, suffer yourself to be tempted to sacrifici yens( property in the pursuit, to the injury of year family, the evil example of all good men, and the risk of Those services which can• alone be performed by persons who enter the House of Commons freed from the dread of future expence." Mr. Quilts has politely declined the offer, on the ground, " that even the most independent man mug( he a cypher 1 1 floosi of Commons as at present constituted " The Anti.Monnpoly Petition, signed by 14,001 perilous, is ir;tentled to tie presented to the House Of Commons this day by Mr. LOCKHART. A letter from Dublin, of the 3d instant, says " Sir CHARLES ORM , BY died suddenly on Monday night. Mr, Demi GRADY, the Junior Counsel to the Conimissioners, , will succeed him as first CUR la sal ; 'Mr: rattle Fortes will have the latter it i'"i"tniPnt, *tomb, it is said, 30001. a.yeer. Sir C. OixsaY heel Gately oue'day's Maws. its tempi' was goat io tlbe riornsch." i. 9 the etlsire. w ith emfidem e . . it least tw instigate the n !tick, rnment trntivevonring to ca r , I l a ) s r° l l t Pe er li e ° re n' for the es.rhorpos attack took place. We know the swspensilkand indemnity eta facts; but In all impartial it think, appear osoustroes is inn . to the second part of Ai l ,0 jolly observes, "liow d oe , tit' Of loyalty was deemed , by Oliver as a passpo rt is ters, agree With the statement Commons, that, down to the sent into the malty "riot • a boat fide accomplice of 14 • conceal the certificate o f hit it as a protection in pil e ' intending to bb io possessio4 a at his bent, elfer fast t .bOsight . tost of hilt by Mia , r thus pet in requisition Ile functions of a spy ?" retck.lo any tilibt rye will, kis eery conscieatioes we . t d. • sow a most ,altside sasociste ritifrows.taime netanape tra of the Heite'bf emihm ets • 's his arrived' since Olt re unimportant. Tbs., saes, n concerned in late at. the Dike 'of Wnuttnirton I pprehended. eat Paper of the 2d instant. • • from the. flaw, contains t the motives Which induced o resign his post es Minister nr. The article amounts to oat Highness continued Mi. would have required him to amber of the States-General, - id be discussed which was it wysitittss of the military Ad. thy, - therefore, of the Heir ewitat lowered by the nem. uestions, end mingling is tie ignobly. 1 * To tie WORTHY and INDEPENDENT LIVERY of LON DON. • Geriviatirro. •. 4T the oraent solicitstion of a respectable Body [S. of the Livery, emmeyed to my this day, I feel myself rigaiwealled upon .prabliely to..make kuown my intention of he coining a Candidate at the emote fieberni Election, to repre sent you in the Cammome Hews. of Parliament. My political principles and eandoct art well known to you— no ardent attachment in the Constitutional Liberties of my Country has ever been the stimulus to my public exertions— your apprebition the only reword I have looked to ;—and I flatter myself, that should I be Oared is the honorable shun.. Dun of your Representative, the lime and ostentiou Lhave for 60 many 3 ears devoted to the villain's local concert* and tepidity interests of this City, will enable me to beiume beneficial to my Veil *iv-Guineas. The innuertm. and spontaneous assurances of soppiwt I have ofeived from the Livery generally. Ns well so fretra sae Friends your late respected Representative, Mr. Alderman Coombe, demand say warmest acknowledgment ; and, with the recta lection that I received at the last Election upwards of 2,600 free and unbiassed voles, leave me as doubt that with due ex ertion, our efforts will he crowaed with vo , rets. I um, Gentlemen. with greet reTtiet. Your most faithful Servant. ROST. WAITUMAN. March 6. 1818. THE STAIIIESMAN. I' A ~~. Is' •