The Statesman. — London, England, 1812-11-20 00:00:00

T o nu EDITOR OF rite STATESMAN. Stn,_Your Correspondent, who has chosen, un der the signal° re of Pt nr.icoee,to make some remarks u pon the Letter I addressed you conceruilig the C orn Trade, instead of answering the arguments I then brought forward in support of my opinion, by fair reßSollilig And manly argument, has only endea voured to weaken Weir force, by asserting, what is ; u ntrue, that I am a Corn-dealer; and, being one of the fraternity', am an interested person, and there fore undeserving of attention ; but the circumstance o f my being one of that hody of men, would not of weaken my arguments, however it might my bare asei tions ; and let me tell your Cori c.pondent, that Ins le.stimeif, high-sounding name, will not give weight to his assertions, unless supported by better arguments than ho has brought forward, and that a bad cause is always betrayed by abuse being substituted for reasoning. All his assertions, therefore, so far from having the effect he intended, have only served to confirm the truth of my remarks ; nor do I think that the most ignorant of the vulgar (to whom he Evidently addresses himself), can be deceived into a belief of his opinions, by the stale abuse he has la vished upon the poor Corn.dealers. The effect of this choice composition upon myself was no other, than that of exciting a hearty laugh ; and really, Sir, in these gloomy times, it requires something more than commonly ludicrous, to relax the features into a smile. It is not the Corn-dealer and myself, aloue who fall under his weighty condemnation; but we are likewise told that Dr. ADAM Smirn, has betrayed great ignorance, was unacquainted with human na ture; in short, knew nothing at all about the sub jut upon which he has written, and that the ` 4 Wealth of Nations," which has hitherto ranked higher than any work of the kind in the estimation of the learned ; --which has frequently been referred to in our Senate, by Boyne of its most enlightened Members, as a work of the highest merit ; must cease to be admired, because Punetcoee condemns it. Notwithstanding, however, this severe judg ment (which is doubly so when we consider the im portant character of the Judge), I cannot so easily lay aside my early prejudices in favour of this Au thor, whom, from my youth upwards, I have been taught to admire; and whose works, for years, have been my study and delight. Pciercoee first denies the assertion of Dr. ADAM SMITU, that the interest of the Corn-dealer and that of the great body of the people, are, at all times, even in years of the greatest scarcity, the same; but, in endeavouring to contro vert this fact, he has unintentionally brought for. ward an additional proof of its truth. Ile says— " That Corn-dealers have been known, in years of scarcity, to keep back the grain until it was abut bitchy spoiled."—Now, I would ask, as it might be for the interest of the public that he should have sold it sooner, was it not undoubtedly for his own interest to hare disposed of it before it was spoiled ? And would it not have answered his purpose better to have obtained a lower price, than have kept his stock till it was worth nothing ? Either then the Corn-dealer will bring a proper supply of grain into the market, er he is influenced by different motives from the rest ' of his neighbours.; and, in this instance, self-interest ceases to influence a man's conduct. PuaLicota really seems to think that this is the case—that the Corn-dealer will starve the poor to ruin himself ; or, ' in his own elegant language, " screw up the poor p :blic to the highest pitch," in order to enjoy the pleasure of " turning bankrupt and hanging himself." This, Sir, is the powerful kind of reason.' ing PIBLICOLA employs; this is his method of dis alaing a knowledge of human nature; this is wis. rota, in comparison of which Dr. SMITR betrays umplete ignorance. I stated, on the authority of !)r. Serra, that if it were possible for a great come eauy of merchants to possess themselves of all the orops of corn in the kingdom, some danger might he feared on the score of monopoly ; but I likewise stated, from the same author, thecae immense vi tae of these crops puts it out of the reach of the capital of any such company of private individuals. Wile says PDDLICOLA in reply ? Why nothing more than what lam ready to allow, and indeedwhat might be inferred from what I had already stated,—" that they are many companies of Corn-dealers,"—hot he cannot say that they are connected ; and does it not, therefore, suggest itself to the mind,' even of Puma (vs, s, that where there are many companies trad ing in the same article, under equal advantages, that there can exist no monopoly In answer to Dr. Sattre's opinion, that Legislative interference in this trade is impolitic; he asks, with an air of triumph, 44 why did onr Legislators feel themselves ,inder the necessity of enacting such severe laws I • bet!l people ?" A strange argument, Sir, you wilt a; , nw, in favour of the policy of any mea sn re tlrq !ht. Government thought itself under the; • 0 1 adopting : upon the same grounds the policy of th. , /;;x; enacted against witches, and all the cruelties they sanctioned, may be justified, and Every foolish law that has ever disgraced the Statute Book of this or any other country, may thus be defended. However, the Legislators of the reign of CUARLE4 IL, tacitly condemned the po licy of the measures pursued, in regard to this trade, by the Government of EDWARD 'Vi. and his successors, by softening the rigour of the laws, till then in force against certain Corn-dealers, 'and it then became unlawful to buy corn to sell again, Only whor l its price exceeded 48s. the quarter. But, I am i•et oitiioUt hopes that the wisdom of this, or 1 • THE STATESMAN . - a !... • some succeeding Legislature, will annul every sta tute still in force against the Corn-dealer, and put his trade upon the same footing as every other, allowing it perfect freedom. In the name of com mon sense ; let me ask, wherein consists the policy or justice of restricting the trade in this article of food, and leaving the trade in every other kind of food, as well as clothing, tic. unrestricted ? I recommend you, Sir, to be cautions in giving publicity to sentiments, which may serve to inflame the minds of the populace, and to lead them to vent their rage upon the property, and even lives of the innocent Corn-dealers ; who, I hope, I have proved, are best consulting the interest of the public, when they are only studying their own. Again, therefore, let me advise you to employ the columns of your valuable paper, in disseminating the true principles of political economy. Let the opprobrium which now so unjustly falls upon the Corn-dealer be re moved to those who are the real cause of all that we suffer and deplore—the authors and supporters of this ruinous War, which, notwithstanding PcaucoLA'S assertion to the contrary, I contend are the cause of Ithe present high price of Corn. 1 our's, &C. Birmingham, Nov. IS. 1812. LAW INTELLIGENCE. COVIII OF KING'S 11ENC11, Nov. 19. TIM EINCV . V. DANItr, LOVELL. The SOLICITOR-t; ENEMA I. nosed for the sentence of the Court on Daniel Lovell, fur printing and pub lishing a libel of a malicious, inflammatory, and flan gem, natere, against the Commissioners of the Transport Board and Board for F•ick and Wounded Seamen ; calculated also to excite discontent among the French prisoners detained in this country, and likewise to render more uncomfortable the situation of our subjects who were detained as prisoners of war in Fiance: The libel in question was contained in a letter under the signature of " llonesTus,". w hich appeared in THE STaiessivr Evening News. paper, of the 19th of March last. Of this article, we think it necessary now only generally to stat', that it ch7 , rged the Transport Board with making profit, in esery possible way, of the prison ' era under their management, p!acing then), as often as they could, by way of punishment, on half rations; keeping back from them the suits of clothes allowed 'them every 18 months by Government, and appropri lating the fund thence arising to their own private emo lument, the whole of which savings, to the amount iof about three millions a year, they employed in 1 speculations in the funds for their own profit and ad vantage. The Lords of the Admiralty were not said to be sharers in this nefarious traffic, but it was in ferred, from the anxiety evinced to have a large number of prisoners in this country ; from our even detaining prisoners who had surrendered at Aux Cayes and the Isle de Francois, under condition of I being.seitt home ; that they at least connived at the practices of their inferiors. These practices, it was inferred, could not fail to produce retaliatory mea sures en the part of our enemy ; and thus must their miseries be increased, while the war was protracted, for the purpose of securing these emoluments to the dependents of Ministers. For the Defendant there was filed a long affidavit by himself, in which he denied all knowledge of the • . publication in question having appeared in his paper till the 14th April following its insertion, when he was also informed that an answer had been trans mitted to it from Oakhampton, of date 23th March, 1811, when he immediately expressed his sorrow and indignation at the idea of the former article under the title of " IloNtsTos," having been inserted, and ordered that the contradictory statement, under the title of ' 4 A FRIEND TO Taurn," should make its immediate appearance. lie had also used every exertion from that time to discover the au thor of the article in question ; had offered a reward for that purpose ; and had made every atonement which it was in his power to make, to the Board whom he had thus unintentionally been made the in stramettt of traducing. There were also affidavits by Mr. George Houston, the then Editor, and by Mr. Swan, Jun. the Printer of the Defendant's paper, acknowledging, that to the best of their belief, Mr. Lovell did not li:;ow of the existence of the article in question, or of its publication, till long after it had appeared ; that he was then highly indignant at the insertion of the letter, and insisted on the immediate insertion of the answer to it, charging the Editor and Printer with haring entered into a conspiracy to ruin him ; but Mr. Swan threw the blame of the present libel on the Editor, he never having time to read the articles. The affidavit of Mr. Anderson, Surgeon, Fleet-street, bore that the Defendant was in a bad state of health, and afflicted with a spitting of blood. These affidavits being rend, Mr. BROW:MARI—My Lords, from the publica- 1 tion and the affidavits now read to the Court, you will perceive that this Defendant, upon his plea be ing withdrawn and a judgment by default, is brought up to receive your Lordships' judgment for having been, unknown to himself, the Editor of a publica tion which, from what has been read of it, you will agree with me in thinking is one of the most foolish, palpably foolish, ridiculous, silly, and nonsensical attacks that ever was made on any public Board or body of men. Lord ELLENROROVOII-•-I am sorry to hear it cha racterized in such terms. Mr. Beouctism—l certainly characterise it as one of the most foolish, palpably foolish, Adieu lout, silly, mid nonsensical productions, that ever 'appeared through the medium of the press ; and in proportion to its folly and insignificance, it is harm less and unworthy of attention. I submit that the substance of the attack on the Transport Board, with respect to which, I do not mean to offer a single further remark, is, that the Commissioners for the Exchange of Prisoners, have put a stop to every mea sare intended to effect their enlargement; and that the Government of the country have even caused the , war in Spain to he continued, for the base purpose of putting three millions of pounds into the hands of the Commissioners, and two or three hundred thou sand ponuds into the hands of another of the Public Coards. I ask, whether a statement so outrageous as this is, the l).fentlatit having his eyes open, can be supposed wilfully to have publisned. I state this not as an after-thought that has occurred to the Defendant, or me; but I state the impro bability of his having wilfully inserted it in his Newspaper, on the ground of those other extracts which he has submitted to the Transport Bawd, with every one of which this publication is distinctly and diametrically at variance. These former extracts, `which have been read to the Court, it nil! be taken, were inserted not only before the present proceedings were commenced, but long before the Libel appeared ; in the Defendant's Paper, nt least a year and a half before the Letter, signed Ilosesrus, was published. ' I therefore argue from thence, independent. of the • distinct swearing upon the subject, that' the Defend , ant knew nothing of the contents of that Letter ; and ! that long before the publication of that Letter, !.ettti 7 meats appeared in e regular course of discussion dia metrically opposite to the tenor of the Libel. I infer, ' that at least therein a priavt lacieimpFosll.A:ity is the statement, if it is intended to be made, t hat the I):fend- : ant knew the had been insetted in his Joe rtial.— Now this is further distitictly sworn, not only in the affidavit of the Defendant himself, but in the affidavit of the E d itor of his Newspaper, Mr. Houston, who distinctly states how and why the I:Mendota .vas ignorant of what I must still describe as a foolish and ridiculous publication. The other person, Mr. Swan, juo. the chief printer, swears, that the Defeat. ...••• AP, • 7." . _ •-,:v 2_ ~ .-1'.4 6" 4 " - =-• COMMON SENSE. NAVAL INTE I. LICENCE. %AL, Nov. 19:--,Came down from the Riser, and passed through the Downs, upwards of thirty sag of outward-bound merchantmen. Sailed his Majesty's ship Cordelia, on a cruise off the French coast; and the Barbara has a signal for convoy to Portsmouth. _ _ PoivswouTit, Nov. 19.—Arrived the Elephant, 74 guns, Captain Austen, a very fast-sailing ship, from the Downs, and was joined by the Hermes sloop, from St. Helen's, when they both proceeled off the Western Islands, in seirch of Commodore Rodgers. Now the West India convoy is ordered to sail to-morrow morning, under convoy of the Co queue sloop, Captain Simpson ; and the Victorious, 74 guns, Captain-Talbot, from the River. Sailed the Hope and Sprightly, on separate cruises. FALMOUTH, Nov. 17.—Put back the nuke,' Pucker ; and the Thais, James, from London ; the latter very leaky. Sailed his Majesty's frigate Crocodile ; Saracen sloop of war ; and the Weymouth and Serapis store. ships, with the Mediterranean convoy. The fleet consists of about 60 sail. Also sailed his Majesty's ship Minerva, 32 guns, with the outward-hound con. voy, bound to Bermuda, Halifax, &c. consisting of about SO stil. The Windsor Castle packet did not sail last night as reported. The Commander of his Majesty's ship Crocodile refused instructions to the ships here bound to Por tugal. Lunt, Nov. 17.—Arrived yesterday the Forsa quet, a prize to the Forward gun-brig. A very heavy gale from the east, with a high sea, make the vessels in the Frith ride hard; many of them slipped their cables and ran higher up. PLY3IOtAIf, Nov. IB.—Came in the Portuguese schooner Estrella de Morse, from Oporto; and the Rapid schooner, from a cruise. Sailed the Gulilftnch sloop of war, on a cruise. SHEERNESS, Nov. 19.—At a Court-Martial, held on board the Raisonable, in Sheerness harbour, Captain iicnvex, of the Sceptre, President; Uout. Wm. Wade West, •f the Devastation, was tried on charges preferred against him by Lieutenant Mooas, of the Royal Marine Artillery, for breaches of the 7th Article of the Printed General Instructions, and of the 23d and 33d Articles of War. The Court wore of opinion, that the Ist and last charges had not been proved, but that a breach of the 23d Ar ticle of War had been proved against the Prisoner, who was, in consequence of former good conduct, only sentenced to be admonished, and dismissed his ship. The Seahorse frigate, Captain GORDON, was yes terday paid at the Nore; she does not go oot to In dia, with Lord Morita, as reported, bat is expected to go up the Adriatic. A C. ►RD FROM CODNIULL.—It is with a great de gree of satisfaction Evron introduces to the notice of his friends the Scheme of the present Lottery, so arranged as to be drawn without Classes, by which means every Number decides its own fate, and no other. The Capital Prizes consist of two Twenty Thousands, two Teo Thousands, with various other Capitals, making Thirty-sic greet nixes. The ad vantages which constantly result to numberless indi viduals from a trifle expended in a Lottery Share at EYTON'S Office, need not be pointed oat ; there are but few persous who have not such instances amongst their own acquaintances. No. 2, Cornhill, and 18, Coventry-street, are EYTOM'S fortunate Offices. CORN-EXCHANOE. Nov. 40. Our Market continues thinly supplied with all Grain. nod line Wheat fully maintains last l'sloaday's prices. The little Bark/ that appeared this morning met ready sale, at an advance of Vs. per quarter. Beans. unless very hard and handsome. arc..sl. par quarier cheaper. Oats are rater dearer. in consequence of a short supply. In other articles ua alteration. Wheitt t English) •• • • 1 0 5 140 B eans Disui ( I 'orrogii) . ... 11.10 ISU Tick d 0... Rve Bitricy New ditto 00 00 F;nr ditto Malt ls 103 Pulmal do,, Vl hite Peas Ditto thoilets) • 1Z0126 P•bititoedh. .....,„, 46 6 ! New ditto —.. ..... (10 00 Fine Flour Grey Pens . ;6 711 Second. ... . . 100 105 I New ditto OO 00 ltape Seed .. . •COO 404 SMITHFIELD MI To go.k the 111Tal, Reef . . . 5.. Oa. to 0.. 01. Ninth.° ..5.. O.!. to 0, 94. 1 Vest ... fit lid. to 7s. 64.1 pork 0.1. to 7.. 4d. Lamle .. 04. Od. to Us. 04. I ARK ET.—Nnv. 1) . • i, per stbite uf ,iii.. lllra.l or Calllc shi t eli) I print. I Sher: , i i Pigs . „ ' !-••• dant knew nothing of the libel till home time after it was inserted ; and that the firilt Ptak it was commu nicated tO him, he ekpresied fiat. Doily his surprise, but his conceru and indignation that such an amide should have appealed iii his Journal: As semi as it was brought within his knowledge, he not only expressed his disappeohation of it, bit he inserted a counter statement to de aWay the effect cf the former publication ; and he took those steps which have been stated to you immediately after he kit •w the lirst 'letter had been published, and the second Letter had been left for insiertiou.—lt cannot he thought that this was invented at the time, inr order to be afterwards stated in mitigation of punishment; or to be submitted to the Transport Board for the purpose of deprecating their proceed ings against him ; for no one who censiders the situation of this Defendant can doubt that those sen timents of concern and indignation were the natural feelings which actuated his mind; for he was at that moment suffering part of two years imprisonment, tO which he had been sentenced for a former publica tion ; and he was morally certain, that if this was considered to be inserted by him, he would setter the sentence of the law again, and that he would be liable to be prosecuted for its insertion. Therefore I argue (rota the situation of this unfortunate De fendant ! that from the moment he was made cog , Dissent of the insertion of this paper, without his knowledge, and of the other Letter written to con tradict. the statements contained in the forrrier, his speedy insertion of the latter, and his sorrow and indignation at the publication of the former, clearly manifest that his conduct was influenced by those feelings of regret , which the reflection that his paper had, without his knowledge, been made the medium of slander, naturally excited. I am not here to defend this libel.—lf I could have so preposterous an intention, the Defendant, by having suffered judgment by default, has cut that topic from under my feet. I can only express the same feelings which he has expressed in his private conversation with his Editor, and in his letter to the Transport Board—feelings which he is ready to ex press in any other way that may be requited of him. I can only repeat his own sentiments—th:y are sen timents of as strong reprobation of this publication, as can be expressed : bet my object is to submit to you, that there is all the difference in the world be. tween the question ef, whether this is a libel or not ? for that is altogether out of Court, and what punish ment you are celled upon to inflict. It is upon this second question that I submit the observations I have made to your Lordship. There is a great difference in the degree of guilt, and of cease there ought to be in the punishment of a person who, with his eyes open, publishes that which he knows to be a libel, and a person who, from negligence, to a certain ex tent culpable, but who, without his knowledge, or any act of his own, has unwitting'y been the means of a libellous publication seeing the light. The De fendant stands in this more favourable situation ; and in the facts he has sworn he is justified, not only by the oaths of the two persons who hit‘ e made affi• davits, hut he is completely borne out by all the probabilities of the case, by the former statements contained in his paper, and by the situation of the Dsfendant himself. AU these cireumo'nnces prole, that hail he known any thing of this lib !, he. woulst bate been the last man in the world to have pub lished it. I therefore submit, that as it apppears he was ignorant of this publication,—that the =meta he knew of it he took all the means in his power to repair the mischief his paper had been the unfor tunate instrument of propagating,—that he adopted every measure calculated to express his contrition, and his submission to the Transport Board, he has strong claims to that mercy which is extended, when ever circumstances will justify it. lie also states, by his medical attendant, that his health is in such a situation, that as soon as his second year's imprison , meld is expired, he will require the enjoyment of air and exercise; and that his life must inevitably been. dangered by the continuance of his confinement. I trust that these observations, with respect to which I have confined myself strictly to the affidavits, will have au influence, not only on your Lordships, but that they will be entitled to the consideration of my Learned Friend, who will have to address yeu. f trust be will follow the example set by his learned predecessor, who treated with lenity a person whom he had deemed it his duty to prosecute foist libel on the Transport Board. I hope he will shew the same mercy which was shown by his predecessor on a si milar occasion, when, at the instance of the Tsai.-- port Board, he dropped a prosecution for a Libel, thong?' it had a tendency to excite mutiny in the army. The SOLICITOR-GENERAL said, that in discharg ing this part. of his public duly, for the first time, he returned thanks to his Learned and Hun. Friend, for the credit he had given to his humanity and feel ;egg, nor had he any desire, in calling on their Lordships for judgment, to outstrip the line of mer cy. Ile had not intended to make any observations on the case, but now he felt that he meld not other wise discharge his duty. His Learned Friend had said, that were he to speak to the nature of the offence, he would have to repeat what the Defendant had Already expressed. His Learned Friend, in his opinion, had rather injured than served the Defendant's cause. It had neser occurred to the Defendant that this libel was so foolish, so absurd, and ridiculous, as his Hon. Friend had characterised it. The Defeiiiiatit had given it quite a different character. He had called it a wicked. end unfounded libel. The truth was, it was a most unfounded and unprincipled setaek on public men.. What has this libeller stated, but that the war was continued to serve the purposes of those ho have the care of prisoners of war in this country ; that they apply to their own cse the al. lowances made by the country to these unfortu nate prisoners, and that those of this country im prisoned in France. had those miseries they en de, ed inflicted on them in retaliation : The Tyra t of France could do no wrong it stem d. it was in this couetry that these nnsiirlt-s originated. His Learned friend had expressed a hope, Chit Le and the Transport Board would not urge the punishment that was due: Bet it was impossdele that the Transport Board should not apply for judement, without ac knowledging the truth of this infamous libel—with out dig:lnflaming themselves. If we had taken any step of this sort, the Board must i eve cenfesssci the guilt and For my 1 infamy imputed to it by '• iIoNE•Te3." • IT • own part, I have not tip: power to decline O .••• . • 'OE . . • • • . -.. • " • t ' ~ ' i~ 1 11 t I t it el 11 11 1 I f . 4 4 . • t , ft : , • • 1, . • A X :~■ 1 V N 'Nerni