The Statesman. — London, England, 1818-12-22 00:00:00

k .~: ;' 4 , . f 1116 11 „. - 6 TO ili% kpilatt Or Trix STATESMAIII maintains liboutiug man in a. comparative state of ' . ZAW INTELLIGENCE. --erm0....... comfort, plenty, and happiness, far superior to what -.........:—. in s s.w, ..4 Nu e h are always b een rea d y to g i ro labourers, by their insulated ellorts , can new pro- ov e in ad Englann 'dci benefited and here the re w fin al d a s senile ingle paris h osile of one 11 ViCE-CHANCELLORI COURT. Disc. 11. . yea credit for. Impartiality its the conducting of your ctiie ATTOIIIWD ZAT. 17 -ENI. THE DUKE OP KAM in by m valuable Piper, while, at the same time 110E0HOH. s they were peeper, even at the enormous expellee of ROM— 'r ii less inclined to do justice to the warmth and per. W e th ere he irsce-CuAttcau.oa, on taking his seat this w We re so other prospect of utility held out by morni n g said, that since the Covet bad last met, it ' tolerance that you have evinced in the cause of Mr. Owes's proposition, still the abolition of the h a d occurred to him there was an Act of Parliament Freedom and Reform. B et , w i t h ou t "wi ng et Poor Bates, which he advisee, would be a blessing in whit* had not been stated in the pleadings at the rower into a distession of the merits of hostile itself: the abolition of that grinding impott, which Her, but which, nevertheless, in his opinion, had a . parties, it it °Woos, at least, that they have pr ea! endless . litigation, misery, end . 'nation, very strong bearing on the geestion now before the and which irritates the man of wealth against his less Geurt. The more he looked into the question tie far a na tpproximated to each other in political f or t e e countryman, wcold be a measure of great the morello was convinced of Its very great import l ance SOilliMeat, as to acknowledge on all sides and efficient utility ; but wheo it would, by Mr • I s every point of view, The Act he alluded to was . that something must be done..--Seeh seems Owee's system, be a blessing to the paupers. them- that by which a passion of 50001. was settled on the „ to be, at the present crisis, the prevailing opinion, selves, what benevolent mind would not hail its adop. successive Dukes of Marlborough out of the mo tion as a grand and comprehe nsive scheme of genuine *end the general persuasion, which, its a greeter or . . nues of the Post-o ffi ce. He had minutely read charity and benevolence, which relieved the burden less degree, mast influence the measures of Govern- every part of the Act, and he was convinced that it on one side, while it conferred felicity on the other. had an important bearing on the question. His im. bent. The stern champions of things as they are, If the philanthropic How.aau acquired well-earned preesion was, that the said pension was allowed not will be soon compelled t o relaa a little o f the a. celebrity, by visiting prisons and dungeons ; in foreign for the mere aupport of the title and dignity in an ab - goor of their principles, else they will be speedily climates end distant regions, and consoling the friend- street sense, but for its support in Bletsheinoloase. I less captive and culprit in despair, what oug h t net if left without either followers or support, or, what re that construction of the Act was accurate, then he to expect, will wha make not our prisons, but our th e ' 'worse to them, without the means of giving force or homes Public undoubtedly had a right to see the !lain and tire-sides happy, secure, and cheerful, by (ion of the Legislature carried into full effect f and Currency to their opinions. In this view, the only providing Industry with its rewards, sobriety with the Courts of Equity were bound to see that such • -point at present for consideration is, what line of its blessings ; by removing apprehension, jealously, t was d one. It might be objected that be was not at 'pehlkeoadect ought to be adopted, in order to re. and mistreat, on she - one side, and withdrawing liberty to state this Act, inasmuch as it bad not been • Hese t h e Country Om ltis distresses , and heal the distention, enmity, and ill-will on the other . Such alluded to in the pleadings nor in the demurrer i The Mr. Owen clearly demonstrates, by fair and learn. i Wounds inflicted by a long end desperate war. _ which was put in to the bill, and that the effect of trovertible statements, world be the result of ids il his swing it would be to allow the Attorney-Gene. ' ossify in power will, no doubt, concede a little in the scheme of improvemetit ; a scheme which la justified i i rat and the other Plaintiffs time to amend their bill. , ~eductiots of en oppressive military establishment, and by close and accurate observation and reasoning, as t That objection could not stand, because unquestion., endeavour to produce some savings in the pu blic ex. well's by actual ezperiment, successfully promoted by I ably the other side might amend their bill. The Act pentlitore ; but, Slat ! a mere partial process of this him on a smaller scale, within his own vicinity, end i g io n t hi s pens i on was a public Act s and therefore 1 proper to be noticed. The second ohjsction wh ich description, will be found totally inad e q uate to an y s under his own eye and observance. The success of this . i rational purpose of ' improvement or relief. The experiment affords ample room for anticipating, that - might be urged , thatthe here 1 was complaint w as Reformers, ou the other hand, have their penmen if tried on a grand, enlarged, and national scale, ' merely relative to the trees, and not to the mansion. - seedy, their igniter& remedy for all complaints and s c imitar success would attend its adoption, and a por- But this objection he was also persuaded must fail, t . distempers in the. State, as well as for all the wants *inn of happidesa and prosperity would be realized for it *as difficult to distinguish between trees del and distresses of the People. They have Annual in the country even beyond the poet's ficti°li s n g the taring the house end the house itself. Though the - Parliaments' and Universal Suffrage at hand, pod imaginations of the visionary theorist and speculator. substance of the compliint was the Duke's impro. with this their potent spell at their Gormand, they do LICCURtsOs. . early cutting down trees, yet at the end of the bill not scruple gravely to assert, that it would' r e mov e a there was an allegation that he would commit most load of grievances, and in the short spate of two or NAVAL !NTT L LIG ENCE. destructive waste, and its the demurrer which had three years, restore the 'Nation to that degree of ___........-.._ been pet in to the bill, his Grace virtually contend. . prosperity which it enjoyed before the co mmence - _ ed, that he had a right to do so. If it was the duty • *tent of the French Revolution. Thus, in their of a Court of Equity to protect the timber and the opinion, emote mechanical change, as I may call it, mansion -house, then of course the Court was equally and indeed it is no more, io the mode of electing bound to protect all the trees which had been plant- Representatives, or Members of Parliament, or ed for the purpose of sheltering the house. Such . whatever new title these Delegates may happen to were the impressions which the reading of this Act assume, and an alteration its the time of their sitting, had made upon his mind, and he must own the Act and the duration of their power, ere to be the never. appeared very strongly to bear on the case. He failing nostrums to regenerate the State, and revive would not, however, wish the Bar to understand the juvenile health end vigour of the body politic.— bhp OS tither directly or indiActly insinuating that . Sir, lam afraid that the here statement of the re. *Me impressions of his should have any weight on merly, still be apt to excite suspicion and hesitation them. With pleasure, therefore, would he hear its every reasonable mind, that it will strike every them argue this point, because he deemed it one of . thinking • observer with an idea of the total in. the first importance'. With respect to the questioa adequacy of such a mode of relief ; and that it would of equity waste, he would not hear that again, as it ultimately prove within more than one of those far- had already been so fully gone into, and he had famed paper Constitutions that issued from the given his judgment upon it ; but if the parties ima. plgetwt.holes of the Abbe SIETEs; the fate of which gilled his judgment was wrong, it might be properly has met with such melancholy elocidations in the mo- argued before another Judge. his present opinion dery espetlence of France, Poland, Holland, the Ne. s ee, that this pension of 50001. a-year was granted • therktids, Italy,and Spain. It would he another meta- r the dignity of the family of Blenheim-house, end -4 - physical Constitution, end not much better than an t for the dignity taken otherwise in on abstract - i; ' arithmetical computation, or a geometrical admeasure- e. As the point was of superlative importance, ~ '. misfit of the coentry. Far different indeed isMr.Owen's ha would with much pleasure hear :t at the close of ' I it originates not in metaphysical specolation, in ts: '' Pt 11 ; Cause Petitions, and be wits ansieus to have it arithmetical numeration, nor in geometrical sea - ally disposed of before the hoitdays. He begged, suremout. It is derived from real and actual as- s flore t that tbe Solicitor.flioseral and his Learn wriggle', and not from abstract theory ; it comes 'id-Coadjutors on the one side, and Mr. Bell and his Immo to the bosoms of mess, as it has its foundation friend* on the other, would be so very kind as to in their actual wants, habits, means, and resources. It prepare themselves for the discession. It was Dee of is the great mass of the population that requires re- the greatest public interest. form and improvement; it is there that the malady lies, Mr. Srocaoprow.—Then, Sir, the order for al and there Mr. OWEN, like a skilful physician, we. lowing the demurrer is suspended ? ditates to operate the cure. This is the course of The VICE-CHANCELLOR. — fi is so, and lam told • conduct that has been regularly adopted by all the by the Registrar that the Injunction cannot be dis great benefactors of mankind, in all ages : it is to the solved till a motion he made for that purpose. The multitude they addressed themselves, and in the mul. order is suspended. titude, to their honour he it spoken, to the honour of both parties, they have uniformly found their Most faithful adherents, and their most docile disci ples. This leading circumstance, while it proves osgacity and penetration in the one party, does, in no less a degree, prove patience and docility its the other. For if there is a stubbornness and an ob stinacy in the great mass of mankind, there is also a wonderful docility, which Dever fails to display it. self, when the master reined, SON, that knows how to elicit it, touches the true • springs of human energy and action. This spring lies tliaain themselves, that is, within the breasts of the multitude ; it is not to be found in shotruse specula : lions which are quite foreign to the homely senti ments that operate on the many. It has beets well, said, that a man who could make two blades ofgrass grow, where only one was raised before, would be a greater benefactor to the world, than the greatest conqueror or philosopher that ever existed ; conse quently, he that shall make millions of blades grow where none were before, will, if hisplons be adopted, be ranked - among the greatest benefactors of the human species. Mr. OwEN's principal ground of im prevenient is verified, and almost literally stated in • this celebrated dictum of the masculine mind of Swirl ; since, according to the plan proposed, a quantity of common, or uncultivated land, is to be appropriated to the subsistence of these new colonies of unity and improvement, as Mr. Owesi styles .g' them, and which he earnestly recommends. From the industrious cultivation of the earth, has every ' *melioration of the human race gradually and regu- Is)larly proceeded ; and to the same unerring basis must every plan of amendment tend, and be referred. It is tint merely in inert and physical matter, but also in the powers and elements of the human mind, that every thing must of necessity gravitate to thecen tre of the . earth, as the common point of union.— Sir, I have this day read in your Paper, a snost ex traordinary account of a working man and his fa mily, that has been shipped off for America at the Pa pence of his parish, to the amount of 2001., and that the parish was a gainer by this new mode of proceed.' ing, and had exhibited a notable instance of econo my in thus disposing of this pauper, who now earns three dollars a day at his trade. Is not this fact a striking illustration of the excellence of Mr. Owetes system, and of the immense relief that it would at . ford from the burden of the oppressive Poor Rates ? . Mr. Overe clearly states and proves, that the surd of .::A. per agro. will, in a 'Wage founded flu his Piaor ni pin . -1 - _s.r~ DEAL, Dec. 21.—Arrived and most of them sailed for the River—the Ann, Reynolds from Bombay, Isle of France, and Cape of Good Hope ; Electra, Robinson, from Philadelphia ; Echo, Miller. from Tenerife; Rolla, Simms, from Newfoundland; Wood - barn, late Marsh, froei Galipoli ; Defera Anna Maria, —, from Messina ; Betsey, E►ans, from Dublin; Peter and John, —, from St. Michael's ; Richard, Pleskitt, .--from Odessa; and Valiant, Taylor, from Newry.—Carne down from the River and sailed the Adamant, John end Robert, Asp. Orpheus, and Marmion.—Arrived and sailed the tidy Ad• venture, from Shields for Gibraltar; Commerce, .--•, f►om Greenock t Rotterdam; Ibis, .---, Ifrom Newcastle for Charente; Archimedes, --, for Spain.- :rhe brig Effort, Baker of London, from Cephalonia for (lull, got on shore this morning on the Goodwin Sands, and it is feared will be wrecked; the Mester and crew are on beard the North Send. head Light vessel, under quarantine.—Also got oo the Goodwin Sands this oterniag, the brig Mary, Wilson, from Ireland ter Londe, I- both hes linty are cut sway, audit is feared site gain lost—lf the weather continues moderate, the chief part of her cargo will he saved. Fivs o'Cr.m.4.—The Effort is gone to pieces. PORTSMOUTH. Dec. 21.—Came into harbour his Majesty's brig Rosario, to be paid off.—Arrived the Catharine Green, Holland, for Jamaica; end Am.' stell, Atkins, from Amsterdam for Hasaanah, and sailed on her voyage. PENZANCE, DEC. 19.—Put back the Caroline, Cock, from London fur Bury; and Ann and Eliza beth, from London for Bristol; the latter with sails split. DARTMOUTH, DEC. 19. Arrived the Helena, Scbelling, from Haveirnah for Bremen, in a leaky state ; and the Telemschos, Kieyu, from Antwerp for Calcutta...sails split. Coax, Dec 17.—The Undaunted, Carlton, from Bristol to New Brunswick, has put bark much strained and leaky, hiving been twelve weeks at sea. BRIDLINGTON, DEC• t 9.—The Albion, of Perth, struck against the North Pier, yesterday, in entering , this harbour during a gale of wind, and stove in her starboard.how, and shortly afterwards sunk. She has been weighed with casks, and got iuto the bar , boar to be repaired. COURT OF COMMON PLEAS, Dic. Sl. CRIM. CON. ♦AUGHAN V. SMITH. Mr. Pttiwes opened this case. The declaration stated, that the Defendant made an assault *pot' the 1 wife of the Plaintiff, and debauched her; thereby depriving the Plaintiff of the comfort of her society. The damages were laid at 10,0001. Mr. Serjesut COrt.IT stated the circumstances of the case to the Jury. The Plaintiff, Mr. Vaughan, he said, brought this action for the purpose of reco tering reparation in demagog, as far as damages could go in repairing such au injury, for the seduction of his wife by the Defendant. Cases of this nature had been of such frequent occurrence, and had so often been the subjects of consideration in Courts of Jus tice, that he thought it unnecessary to make any ge. neral observations on their character; convinced, as he was, that the feelings and understandings of the Jury would soggest every thing which be could urge in introducing such a case to their notice. He thought he should best discharge his duty to his Client, by confining himself to a plain and simple statement of the case, laying before them the situation of the parties, and the circumstances under which the of. fence was committed. ile was quite save that the facts which he should lay before them in evidence would be conclusive. The Learned Serjeant then pro ceeded to state, that the Plaintiff, Mr. Vaughan, wale Gentleman very well known in the musical world, and of great talents. So far back as the l year 1805, he was introduced , for the fi rst time, to a young Lady of the name of Tetuan'. She was then 17 years of age, of great personal beauty and accomplishments; added to which, she was possessed, in an eminent degree, of the same description of ta lent for which Mr. Vaughan had been so eminently distinguished. At the latter end of 1805 a marriage took place. From that period down to the time when their happiness was broken in upon by the present Defendant, they lived together in the greatest possible degree of harmony and affection. Mrs. Vaughan assisted her husband in the discharge of his professional engagements . ; and this they mu tually contributed to the support of their com mon offspring. They , had had ,several children, of whom sis were now alive ; the eldest not above 10 years of age. The Defendant was the sou of a Dr. Smith, residing st Richmond, and held an office under the Go e sernatens of the country.— The transports for the reception of the 41st regi ment, actually at Portsmouth, and the 4th, s'h, and 9th now at Winchester s are expected to be ready in about a week. These regiments are all destined for the West Indies. Yesterday a private soldier, discharged a week or ten days ago from the second battalion of the Cold stream Regiment of Guards, gave the following im• portant information ■t the Police Office, Iletton garden :—lle stated, that about ten or twelve days ago he received his discharge and some money, and meeting with two other soldiers discharged from the 18th Light Dragoons, who were bound to Notting. barn, their native place; as it was likewise his, they agreed to travel together, but remained a couple of nights in town, until their money was nearly spent in drinking, when they agreed to set oat on their jour. ney at dusk, to disguise themselves, end rob the first traveller that they met with, and, it necessary, to mur. der him: they accordingly set out with that intent, in a state of inebriety, but after going three miles from town, it was then determined to stop the first person they met with ; but informant having some what recovered from the state of drunkenness t4ey kept him in, and the horror of what they intended to do staring him in the face, he remonstrated with them, and strove to dissuade them from their par pose; but finding they were determined, he expressed' his full determination to have no hand in it. They finding they could not prevail on him to' join them, attacked him with their stick., and left him for dead, in which state he was shortly afterwards found by a carter, who brought him to town ; the others pro ceeded. The names of the offenders ere kept secret. We understand this happened on the night Mr. lay. lor was robbed and murdered, Limbrick the acer is gone in pursuit. _.imm•lMlNli ...i I , ~i i 1 6 !g - : J ; • 1 y f, • i The two families, Mr. Vaoghan's and br. were upon the most intimate terns. Mrs. Vs , had two children at school at Iticiimond, and she went down to see them sho fsequenlly stop, day or two at Dr. Smith's. In like manner, when Miss Smiths came to towh, they remained bowie of Mr. Vaughan, and together with branch of their family were received with the gt hospitality and kindness. In ibis situation remained, until at last the Defendant lacceeded seclude* the wife of his friend ; and filially end. her to elope from him. It was herri necessary , state, that when Mrs. Vaughan wok (Mitered of hes last child to her 'subbed, about two years ago, Ilse suffered so much in consequence of an internal coin. plaint, that her medical advisers deemed it necessary to recommend that in future her boomed Slid she should sleep in separate beds. Mr. Vaughan loied, his wife with the utmost affection and regard but finding it expedient, for her sake, that this course should be adopted,' he disregarded his (twit feelings, end yielded to the suggestims. F r om tt at time until the elopement, they Slept in separate bids, in room* adjoining each other. At what time the Defendant succeeded in effecting his dishonourable porpoise it had not been clearly ascertained ; but that a criminal iwlercoorse bed taken place upwards of a year back was manifest, from the birth of a child, of which the Defendant was the father. This fact wee proved by severe! letters from the Defendant to Mrs. Vaughan; from the tone and, manner 4f which, the intimacy which had Subsisted between them Was too e►ident: These tellers were not addressed to Mrs. Vaughan, hut from their import, and the way in which they were found, they were clearly cossileykd '9 her. flere sir. Serjeant Copley read several passages from the levers to which he alluded, which were 'do l ed by the Defendant, and in which he 0(1144430d Mrs. Vaughan as his " Deareft, dearest Bess, his serf life! his own ,shied cue►ished osoet beloved wife." In those letters he makes allosion to the si. *cation in which Mss. Vailhan was. from the inter: course which had p•sced bettiseett them; speaks of the pledge of their mutual regard which lay be. neatts her bosom, and entreats her 'to quit her hus. hand'a house before he discovers her preznancy. Mrs. Vaughan finally desert. d her horhlntl 1.14 her childien, and after a short residence in a cot, age near Turnham.green, she proceeded to Lyme, in Dorset= shire, where .he was delivered ore boy. the fruit of her unhappy intrigue with the Defendant. It remained that heshould say a few words as loth° damages. The must honourable persons came isito Courts of Justice td recover dsinages in cases like the present. D tmages were not a compensation, and not even an allevi• Won of the injury; but they felt anxious to hate the opinion of a Jury upon their own conduct, and upon the circumstances and conduct which had destroyed their happiness. In this case the Plaintiff's domestic life was a blank ; his future prospect of happiness was a blank, without a single ray to gladden or en liven it. lie had six infant children, many of Wens females, looking for instruction, urfrice, and ex ample, to their mother. The children, from the ronsiitution of society, must part Ate at Past of the degradation of their parent. If this deadly blow to his domestic comfoat and to his children's %rapidness had been etrnck by a stranger, it would be less se vere. But it was his friend, his intimate friend, al ways received almost without restraint, and with the utmost hospitality, a ho seduced his w ife, and planted e dagger in his bosom. The Plaintiff was nor in the , bighest rank, but he belonged to a class in which an injury of this sort was more severely felt than in the highest class. The Plaintiff was a professional man. His leisure, his retaliation, his enjoyment, were nee cessarily ail at home; and if he lost domestic happi ness, he lust all means of enjoyment. There was also a further consideration in estimating the da stages. Indignant as the Plaintiff was at the De fendant, it was impossible for him not to feel for a woman who had been his wife for many years, and with whom he had felt so happy—the mother too of his children. Now she had been prevailed upon to elope hot a few days, When slut bitterly lamented her situation ; upon seeing two children come into the room, she fell into an agony of atigoish and de spair. It might be urged that the Defendant wan not a man of considerable fortune; but i f the y were to adopt any such consideration in fix in g dama g es, I they would introduce into society a set of privileged profligates, who, because their fortune wag not coo. sirterable, could break down and destroy domestic happiness with impunity. In a case in which his money was fraudulently kept from bins, would they give damages according to the fortune of the Defend. ant? Would they tint give his lawful demand to the uttermiist farthing ? How much more would they in ilia . * case as this estimate the extent of the in• jury, and give damages to the full amount which that called for I Mr. Wm. Laurance Hansa produced an extract of the marriage in Bermondsey church, in 1805, of the Plaintiff with Elizabeth Tennant. The Rev. Dr. Harrison, the curate who married them, produced the register. James Harrison, librarian for Ancient Concerts, proved the signature of the Defendant in the register. Ile then proved four letters produced to be the De fendant's hand-writing. He knew the Plaintiff and his wife for 14 years : they had six children living, two of them were girls. They were as happy as it was possible for man and wife to be. List winter he thought he observed • coldness el' her part, bat none on his. The Defendant was acquainted with Mr. Vaughan's family. He always saw him there. Mr. and Mrs. Vaughan sung at Dr. Smith's conceits. Cross-examined by Mr. Seijeant VAUGIIAX.—The Defendant «as from 26 to 28 years of age; Mrs. Vaughan was 31. He wag very frequently in the family. He remembered that, Mrs. Vaughan had been confined in 1816, and obliged to refuse an en gagement for a musical snorting at Derby for 60 guineas. Ile did net know Whether the Plaintiff had left her before her con6ifiesnent, and stayed away tight weeks. On the 12th of June last she sung at a concert, her own benefit, and went off next day.— lie saw no encouragement given by the Plaintiff to , any improper familiarities. Re-examined by Mr. DEallAW.— The Plaintiff was principle) tenor singer of the Ancient Ccacerts. Mrs. Vaughan gave lessons in private. lier in come from her profession could net be less than 5001. a year. The Plaintiff was also plocipal tenor I singer at the vocal concerts: he give lamas in pri• • 4 anima whoa upped st lien thee et tlui Peery ;realest e thin !ded 1: nduced art to of her to, else ~~ .