The Statesman. — London, England, 1818-12-05 00:00:00

' , "44 _-.•••• , TO THE EDITOR OF THE --.10.--. Mil N. Ste,—The answer to a letter signed an ENGLISH MAN, I perceive is in the SrarEsmes of the 24th of November, under the signature of JURIDICUS. The eaquiries relative to the Acts of Sederunt, and the nature and extent of the official character deno minated the Procurator Fiscal in Scotland, was the subject—the letter requested a wish that some person versant in the Law of Scotland would explain the meaning ; it expressed a desire to know under what authority, any power in that kingdom could dare re scind, alter, or otherwise, any of the Statutes made and passed by the Legislative Authorities in Eugland, Without hoeing the sanction of Parliament. JURIDICHS gives the opinion of Chief Justice Bon, when speaking of the Acts of Sederant, viz. 66 I take this opportunity to tell you, Sir, that Acts Of Sederunt are the law of the land," and that our Judges here " do not care what the Acts of the Bri. doh Parliament say, because they hold that there is M ower paramount to all Acts of Parliament, sad that is the power of right reason, to which Kings and Parliament most be subject." By this we aroto understand the Lords of Coen all and Session have for a long time exercised the right of legislating by Acts of Sederunt, or Rules of Omit, within the precincts of Scotland, when they find that any of our Statutes does not exactly suit them, or, as they say, have not been enacted by the power of right reason, and that nothiog wrong can arise from their defect in judgment, as they are the -eery pick of wisdom, iv KIDICUS then quotes a Scottish Statute of Wi t ,. LIAM. chap. 25, that 66 na foole nor wicked man WM4 he aneJudge: because sine foole be ignorance, and sine wicked men be avarice, will corrupt justice, ice." Under this provision, he says, no mischief can possibly arise from the want of right reason in the Scotch Judges, or in its application, therefore agrees. ble to Junittcus's ideas the British Parliament sup port the right of Scotch Judges legislating and re. scindina when Parliament exercises not that right reason in their Statutes : so in that country it appears the Judges perform a double function, via. Law givers and Judges. JUIDDICUS states the People of Scotland to have bet little interest in what their Representatives do in Scotch affairs, because, be says, the Minister for Scotland directs his Judges to rescind all the Statutes which he finds have been parsed incorrectly, and which do not 'meet with the sense of the Scottish Judges. Ile acknowledges, however, it is highly proper the British Parliament should be consulted in every le. •gislative measure relating to England and Ireland, because the People in these countries recognise no other authoOty than Clic of Parliament ; bat in Scotland there is no supreme authority which can prevent the effect of the Statutes of Parliament, and which is authorised to rescind them. .1 away.= informs we, Scotland has been hitherto held as a very learned nation, and so long as the in-1 terests of England and Ireland are so deeply affected by the Acts of the British Parliament, Scotland will I always feel disposed to give her best advice, and con• tiny. to send 45 (rather an ominous number) learned Knights and Burgesses to prevent, as far as in them Lies, from the want of the right use of reason, in the legislative Acts of Parliament, to pass, which may be hurtful to the interests of these nations. Now, Sir, how Juartitcus is to be answered, I am really at a loss. These Acts of Sederunt are strange things to the mind of an Englishman ; and were it not for the authority JURIPICIIS quotes in 'the answer given by Chief Justice Hon, I certainly should think him is a situution to be accommodated with a straight jacket. What, Sir, tell us that in Scotland their Judges can rescind and alter our Sta tutes, made in the British House of Parliament, end the only wisdom belonging to the Three Estates is confined to Scotland!—Right reason is monopolized indeed ! And then the idea of sending us forts. fire of their learned men to prevent, as far as in them lies, any neglect in the right use of reason, when any Legislative Ads of Parliament puss which may be hurtful to the interests of Bailout and Ire. land, is rery excellent. Juatuicos has certainly given an explanation of these Acts of Sederunt ; well may the Scotch Peo ple complain of their Comte of Judicature as seas. .lious, frivtlous, litigious, and expensive. If these things can, or are done, I trust the New Parlia ment, when it assembles will not be unmindful of these precious Acts of Sederunt, but endeavour fo convince the forty-five wise sad learned men, as well as JURIDICUS, there is as much right reason in England and Ireland as ever existed in Scotland. AN ENGLISHMAN. A new Comedy is in rehearsal at Covent-garden Theatre, in which Mr. W. FARREN will perform • principal deriver. Mrs. DAvtlos commenced her engagement, for four slights, at the Colchester Theatre, on Thursday esening, and attracted an elegant audience. Miss SOMEILVILLE is engaged to perform two nights at the Windsor Theatre, iu the characters of Bianca and Belvidera. _ . . Miss S. Boo Tit is now the favourite actress of the Stafford Theatre, at which she is engaged to perform a limited number of nights. A NAORAM.—The wits of Paris have found out an apt Anagram in the words" La Sainte Alliance :" an easy transformation of the letters in the last word, forms the espressiive terra of LA SAINTE CANAILLE. in illustration of this term, a book is threatened, under the titl► of " Les Bassesses des Souverains allies divers NAPOLEON Bo NJP4 RTE." Signs of the Time:, or, the difference between the ?resent days and those of our ances►ors : We see a hundred men hanged where they saw one. We see five hundred transported where they taw one. We see five thousand in the workhouse where they saw one. ' We see scores of Bible Societies where they saw now. We see paps r u here they saw gold. We see men in stays where they saw men in armour. We see paintill faces where they saw healthy ones. We see children perishing in manufactories where they saw them Ilustrnbing in the fields. We tee prisons where they saw castles. We see Hunt. n w here they saw representatives. In short, they taw true meu where we see false knaves. hey saw iiiturost and we see Mr. S'lP .a. T. ~~ .. P - THE SVA.I TILE' PRINCE REGENT'S COURT. Yesterday, at half-past three oetlock, his Royal Highness the Prince Regent held a Court at Carlton house, at which his Eacellency Baron Fagel, the Ambassador from the Court of the Netherlands, was Introduced to the Regent by the Earl Bathurst. His Excellency delivered a letter of condolence on the I demise of the late Queen from the King of the Nether lands Lord Grenville came to Court, attended by two of the Esquire Bedens, as Chancellor of the Univer. sity of Oxford, in his robes, being deputed by the University to attend his Royal Highness upon the melancholy occasion of the demise of his Royal Mother. His Lordship was introdeced into the pre sence of the Regent, when he delivered an Address of Condolence upon the demise of her Majesty, the Qneen. The Vice-Chsoeellor of the University of Cam. bridge, in the absence of his Royal Highness the Duke of Gloucester, the Chancellor of that Univer sity, attended for a similar purpose. lie was intro. doted into the presence of the Regent by the Earl Bathurst, and delivered ass Address of Condolence torn the deeds* of I#l! .. *tiyesty ilia Queen. Lord James Murray loos the Lord in Waiting.— Sir Hilgroi'e Tenser was the Groom iu Waiting for Sir Edward Paget. WoRTIIING. -.....-- This place still continues to keep a number of vi sitors ; but this Cannot be surprising, when it is con sidered the may natural beauties it possesses.— From its verdant appearance, as far as the rye can reach, it resembles a mild spring rather than the winter quarter. We have no fogs, agues, nnr fevers, but health, blooming health, sporting on every coun tenance. We have many families of distinction amongst us, whose rank and sitostien in life could command all the Insuries and entertainments of the metropolis; but these are enjoyments when com pared to the pleasure of residing in roseate Worthing —`• trifles light as air." Mi. cud Mrs. FLo'clt and family are still here ; the 'spearing Quixotic attack made by Mr. PEEL upon their peace, has crented neither apprehension nor dread. Indeed, Mr. l'szt. could not have se riously bad any idea of a duel : and this we believe to be the genets! opinion. He, no doubt, was aware that Worthing had neither constable nor head borough residing in it, therefore there was no great danger its breaking the peace; but surely the &Wrath day ought to have been considered ' • end then the &melee—it certainly was too mach. Mr. FLoyEtt is very near sighted, and almost old enough to be Mr. Prott.'s grandfather ; all these points considered, aced maturely weighed in the scale of perilous adventure, there was no reasonable chance to be afraid of the danger that enviton The man w ho meddles with eobt iron." The town of Worthing is now reordered perfectly safe and at ease as to its Police Establishment. We feel a pleasure in announcing to the Public, that hit, RICUAND JONES has been appointed the hingistrate. We could pay, and most deservedly, a high-sound ing compliment to this worthy and inestimable che. ratter, bat we are forbid from the great respect he is held in, and it might be considered hi a diferent point of view to which we w►sh to place it. NAVAL INTELLIGENCE. DEAL, DEc. 4.—Arrived and sailed for the River, the Ranger, Runnington, from Demerara ; City of Edinburgh, Godby, from Miramichi, iu 90 days; ', and Caledonia, Brown, from Shields to Grenada ; the latter remains.—Came down from the River, the Dorothy, Forster, fur Jamaica ; and Princess Char. lotle, Beaty, for do.—Several of the outeard-bnund got under weigh this morning, with the wind at 5., 1 and drove back again this afternoon by the food tide, end remain with the rest. PO.RTIMOUTH, DEC. 4.—Arrived the brig Lucy, Collins, from Tobago for London, out seven weeks ; experienced very bad weather, which carried away her boom and gaff, stove three boats, split several sails, and damaged her bulwarks. On Dec. Ist, in lat. 49. 30. long. 13. spoke the Mary, from Prince Edward's Island for Falmouth—out 13 weeks. Also arrived the Flora, Klan, from Hanover for Chirhes. ter ; Liberty, Johnson, from Southampton for New. castle ; and Emend, Bell, from the Downs for St. kilt's.—Put bark his Majesty's ship rrimteie. FA I.bIOUTH, Dsc. 2.—Arrived the George, White, from London for Gibraltar and Genoa ; Mallows, Sinclair, from Miramichi, in 37 days. for Southamp ton. On the 30th Nov. in let. 49. 30. long. 8. '2O. W. spoke the Caroline, from London to the East Indies. WEYMOUTH, DEC. 3.—Put tato this port HI Fa. 'merits, Odell, of and from Cowes to Cork, with loss of bowsprit. ilouritEan, DEc. 3.—The sloop Hero, Rod. well, with grain, from Dubliu to Bristol, is brought into this port dismasted. HArtvitcu, Dec. 4,—Arrived the Industry, Blake, with loss of etcher and cables. The PRINCE REGENT returned to town on Titers. day evening, about sia o'clock, from Windsor. His Royal Highness occupied the Duke of CUMBERLAND'S apartments in Windsor Castle during his stay there. His Royal Highness slept there on Wednesday night. Thursday morning, about ten o'clock, the Deke of Yong proceeded from his apartments, Windsor Castle, to the Infantry Barracks, attended by COL COOKE and Col. UrroN, and inspected the 3d batta lion of bis regiment, who arrived there on the Ist instant, from France, to attend the feeeral of the late QUEEN: Thursday morning, about 11 o'clock, General TAYLOR, after dispa'tching Mr. Marts, the first of the daily King's Messengers, to town with letters, left the Upper Lodge, Windsor, and proceeded to the Castle to meet some tradesmen and other persons, for the purpose of valuing the late QUEEN'S private property, which must be done previous to the will being proved. We understand Lord ARDEN and Gen. TAYLOR are two of the Executors. The Duchess of GLOUCESTER and the Princess AUGUSTA he cc removed from Cambridge.house, Kew green; to l'rogtnore•bcuse, near Windsor. '~ K ~ . , 1 y •••,.! :'" if ItECOVVINd MILD. , . Letters have bets received by Mrs. Horsley Ns her botanist!, by the last Mail. Mt. Freeting, with that consideration and hotnanity for which•he is so strongly Characterited, instantly sent off a epetlal messenger to her residence, at Islington, with the letters, instead of allowing her to *sit the usual routine of delivery.. We need not• say iltewigeate folly they were received. Mrs. Hi wept for joy, and Mr. Dianem, her father, fell down on his kneeslo thank Heaven for the foil confirmation of the own received by Messrs. Reid, Irving,and Cot a few days age. The letters ate dated the 45th olt. and men tion• the recovery of the child, in good health, and the ipplehension of tbe villain who stole sit, which took place on the 23d inst. at Brake, near Bremen. The dress of the child bad been changed; end the disgolse was in complete, that even the father would not have known it hot by its countenance. It was safely lodged in the hdose of the British Consul, until doe authority could be received from the Go vernment of Oldenburg. where Brake is situated, for delivering him to his father. The perpetrator of the atrocious act could not be surrendered for the purpose of removal to take his trial in this country, until an application is made from our Government, the Ministers of Oldenburg thinking they were not justified in gibing him up as a State criminal ; but they would cheeifolly comply with a requisition from the British Government to that effect. After the receipt of these letters a Lady obligingly called on 1411 s. Horsley with another letter, re. relied from her brother; at Bremen, dated the tith ultimo, containing much infeseoing information on the subject of the Recorered Child. Of this lever we are happy to be able to lay a copy before our Readers : Wrinen, Nov. 94, Three o'Clotk. P. M. Mr. flor.ley, of Loudest, whose son was molest from him about three weeks past. sent last Sunday from Leer, an express on t.s /116 place to my friend Mr. Coleman, the &hash Cannel tit Kfemen, stating, that he was Men in pursuit of Charles Rem ora. the person who carried the child of; and presumed, by the time, or before the express reacned Mr. Coleman, that the said Itennett would he in Bremen, requesting him to use every exertion to apprehead the villain. Mr. Coleman received the letter at five o clock yesterday morning, and as 'eon as it was day light set about the business. He discovered that a person answering the description given of him by Mr. Horsley is his letter had come from Leer, I think last Thursday, and went to the London Hotel with the child. After mat ing there about an hour, he went down the river to a place called Vegerock, left the chin, there, nod returned to Bremen, to cottage a p , sisage in the American ship Pallas, hound to Baltimore, for which he was to pay YIU Spanish dollars, for -ell and Cold. Hr cptisted thi. on Friday, at about threeticloek, went down to Vegesack, and toe someday proceeded still farther down the river to Berika, there to uwait the I:awaits at the ship, to proceed to sea with the first wind ; which would have been the case this afternoon, or tis-morrow 'naming. • Mr. Coleman karat the foregoing, would tit frost a messenger with an order to ripprehesid the unfeelthe thief, but set off himselt at eleven o'clock yesterday, for Braka. He had asked me to dine with his yesterday, some days ago, stud accordingly l went yesterday. Mr. Coleman immetliotely in formed me that he was tinder the necessity of going to Bioko, for the foregoing reason'. I howeser dined there,and staid till late in the evening; svhest, at half-past ten o'clock, we were informed by the servant that two strangers wished to speak with the Consul : we immediately concluded that it was Mr. Horsley, who in his letter observed be should follow she express as sous+ de possible. la bet. It was so. %%e immediately in formed host how fir Mr. Coleman bad proceeded. mod stint there was every likelihood of the childheing recovered. I went over with Mat to his hotel, advised bias to remain there. and wrote a P"Telfer to Coleman, incising the lbw-street warrant, mad by an express sent it off to Brake. This morning, at day-light, an express came op from Me. Coleman, sr..ing he had recover • d the child, and secured Rea nett ; requiring, at the same time, if Mr. Horsley was in Bre men, that IN should come down to him to Brake. 10 prove be fore the Magistrate there that he is the father of the child Mr. Coleman's brother-irwlaw (Mr. Berners. from Frankfurt), and myself, imm diwely went over to the Londnn Hotel, nod informed Mr. Horsley how to proceed—had a carriage pro cured far him—went off at tea o clock—end presume • dun !by this time he has the child in his strum. He w ill probably not return here till to-morrow afternoon. ns some judicial proceed ings must be fulfilled for the securing of Itestartt. and obtaining the child. Before Mr. Horsley left town this morning, I ad vised hint of the mail by Culbeiven leaving this at five o'clock for Lngland—he immediately wrote a few lines and gave them to Mr. Berner', who has sent theta to the Yost-office. Yost will, my Sister, on receipt of this, cull on Mrs. Horsley, and assure her of the safety of Mr. Horsley and child. It will be doing an act of humanity, which we should ourselves wish dune to as in a similar situation. From the foregoing our Readers will see that some little delay, in the return of Mr. Horsley, is occa sioned by the requirements of law. Evidence, of some kind, of the father's property in the child, was necessary. Nature--ell powerful Nature, soon sup plied it. When the father was introduced, with other Gentlemen, into the room in which his child was, the intelligent little fellow no sooner set eyes on him, than, bursting into a kind of hysterical laugh, and running into his arms, he at last get his tangoe to articulate—calling out, 66 0 Pa ! my own dear Pa !" The unfeeling thief, Rennet!, when he found his hellish purpose frustrated and himself arrested, im plored 'floret , in the most abject and humiliating terms. He is in safe custody ; and the necessary measures for transmitting the base wretch to England, are in progress. Rennet and the child were etteally on board the vessel, ready to sail for America ; and but for the prnmt and most praiseworthy vigilance of Mr. Coleman, the British Consul, the villain would ie , all probability have get off with his prize. BATTLE BETWILEX TURNER AND RAIIIMSC—. best account of fight will appear in t 0 1 1?! Observer. . P •-* The graved plan of the new Tr u tt. James's-square, will be the most tasteful thing or the kind in the Metropolis. The inside 4 the sailing is now planting round with whitetharbettwyjiiillsqt; a circle of privet. . • .1.; ' Nowra.W err PASSAGE . — Th e Snip! employers on' the late Expedition are to be paid oft; and should another Expedition be undertaken, It will be in proper King's ships; which are far superior to mer chant ships for such a purpose. Yesterday morning, at an early hour, a man, who stated his name was Stepheig Norton, was stopped at Camberwell by Smith, a Lambeth constable, with a heavy load of timber. *Upon enquiry being made, it was discovered that Norton had been employed as a watchman by Mr. Mullins, of Camberwell, to pro tect several unfinished buildings from depredation, and that the property found in his pt.ssession was part of what he had-bfen paid to take especial ears of. Friday. as Items* was held at the Fagle sad Child, Shoo , lane, near the wiiiihosae, Mere T. Strurow, Fa 4. forever for the Cliy of Loudon. en view of tile body of a child only slit weeks old, who was accidentally killed by being No over by a hackney coach the preceding day. asarty faring Furnivai titan. Holborn. The number of the ch ild attempted to crow the urea with it in her arms. when sitcom being quick encusgti in perking, ncridestally smock by she pole, which knocked het down, and the child was thrown wit of her arms, when the coach wheel parted over it and killed it on the spot. The mother ',taped unhurt. Wardle—Accidental Perth. . w • r • r. ~: ~Y~ Y' 140°4' -'-A:-7.-4511M IM 9 LAW INTELLIGENCE?. - * • t .•,,, gm. ItOLLS .!, . The Master of the Rolls wet oucephrd troth nitre in the morning till four, in hearing causes of no plat: lic interest whoever. In the course of the city a cote was called on; James the Vicar of Croydcn, which *skied to th pri,dection of actoontf. A Cr'entle by his lift, hid begooathed certain Posies to the Vicar, Churcb-wardens; and sit inhabitants of Croydon, for the purpose of building a Co •t-brialt, a Butter.market, and procorifl s Durkin -round& The semi for each of those purpose! *roe swot-Medi and the surplus was directed to be 'field into the Bank ender the contrast and direction of the C..art of Chancery. Some dispute arose shoot the produc rion of aceounts, but no decision was given, as his tionour,the Master of,tbe Rolls, wished to rollover the pleadings ... in the tine. Notice *as fixed up in Court that his Hoorst. would, on the follbwing day, sit its the Council Chamber, in the Imo, in consequence of Sir Joh* Leach, tine Vicw-Cbsocellot, beginning his sitting. to-mortow. LORD CUANCF.LLOk. His Lordship remains in nearly the earns stale at he has been throng.% the week. lie is totally enable to walk, (rein both his feet being severely affected with the gout. He *lll open lb• Srai this day in his own house, at►d it is arringed that the Vice-Chan& cellor will hear all his Lordship's motions: COURT OF It ISO'S BRNCH.•Dec 4. SALMON V. ATurNsoN AND (mums. This action was breselit against the UP fontionit coach proprietor., for baking refused io conGey thd Plaintiff, a respectable attorney at Both 4 Item Liver pool to Holyhead, after he had taken his place; and also of recover eapettces paid by the Plaintiff for a chaise, in consequence of such refusal. lietwema Liverpool and Holyhead there sic Vats ferries; the first over the Mersey, at Liverpool, *here the pas. sengers are paid for tiy the conch panprietors; snit two othera at Genteel and Bangor, where it seems the proprietors refuse to pay f..r the passetiaers. But the question in the present case seero.o to he, -net sta mach whether the passengers or the proprietors ought to pay for the passage over tittle two forrie4, as whether upon the present occasion the Defendants' coachmse, who was Mao a prollietor, was not in collusion with the &apnea sod post.niaster at Cott• way, to make the peasetigers pay an illegal rletnind; the fare for the ordloery foot passengers heiti4 id., and for a horse end rider ed., while 611 was demand ed of the outside cbsch passengers, and is. of the inside pas4etigers. Haskes*orth, the Defendants' agent, poled* that the Plaintiff had taken his place from Liviarpout to Holyhead, under the name of Jetties; lit the be. ginning of Septetnber last. The proprietors, he stated, paid the passage over thediersey, but not the other ferries. • pat% wyn, the Plaintiff's clerk, proved, that he tint roller,. the D'fendsnts with - a writ in this letiOtthlid travelled by the same mail. in the ceeyse•M the journey. he bad learned frau; the mouth trY the coach. man (the Defendant Atkinson) the particulars of the transaction, which he (Atkinson) related as follows: —A tall thin Gentleman came by the coach to Con. way, end having made great objections to pay the ' fare of the ferry, 14 hide he' said posithrely he *veld not do, one of the boatmen oissfreeted him when 11r was endeavouring to mount Me coack, whereupon Atkinson said to him, " You hails sold s great did about the ferry ; to save your 'word, I'll pay foe you ;" to tallith Mr. Salmon answered, " If you do * I woitit pay you again," when Atkinson replied* " Oh ! then I'm off;" and accorlio.ly drove off, but pulled up seven or eight yards further of, on Mr. Salmon's hailing him, end turned round to the guard, asking what he show(' do, the guard said, " Drive on ;" the guard being his master, he did drive on.— When the witness returned by the same coach, Ala kinson further stated, "that it was always usual tot the passengers to pay the ferry ; if they did not, he drove off without them, unless ibey bad beggar! which might be stopped by the ferrymen ; ()poet one occasion tour passengers refused- to pay et once, 411141 he drove off without them ; he should have drived off without witness, if witness had refused to pay." The Defendants endeavoured to show that the plat sengers always paid the ferry, and that the coachman bad not prevented the Plaintiff from getting up to pursue his journey. They first called -- Jones, who had been the ferryman for seven years ; be stated that the passengers always paid the ferry, he never received it from the coachman. The coach stopped half an hour at breakfast, and he usually demanded his fare when breakfast was over, just before thepase sengers mounted. The Plaintiff refused to pay out the occasion in question, upon Which witness eaten& ed his arm to prevent him from mounting on the coach, but there was nothing else to prevent him.— The coachman said he would pay to save the Push• tip's word, he having sworn he would not pay. Plaintiff said, "If you do, I won't pay again." The woodman said, " What are we to do now ?" and the paid replied, " Dries on, yea most not keep the mall all day." Plaintiff was roar or five yards from the coach. Willing could not say he Was near 'enough to hear whet passed between the coschmen and guard. He then went in to Harp, eight or ten yards of ; by this Hine the coach bad passed on, have ing staid its foil time, if not more. '- On cross.esaminatien he stateA, that the ferry charge for toeispassengert was a penny ; for a Men and horse ten...pence ; but coach oat side p. ,enters paid sispence, the inside a shilling. The coecomets never went off without the passengers paying, for they always paid, though he hid known difficulties arise. Ile usually made his deMand alter breakfast, whin the coach was going off. He went himself to the Magistrate with Mr. Amon. Did :mot recollect four passengers being left behind. Mr. Roberts, the Post.master of Conway, refitted the circumstance of the altercating! shout the hire, rla h in the same way as the preceding witness. The Plaintiff had said be would never pay such a . 21---d imposition. Chief Justice A Bun —ile was perfectly justified In saying so. The witnesi prnceedrd to state, that 301. had been fallen oft' his salary to ply for the ferryage et lb* Wir