The Statesman. — London, England, 1812-06-19 00:00:00

~, 7 I ~' ~a I o g ; ~. tij I,' 1 7 . WP. !L • ~M . i' I % t ) t . - ) i t I. I .1 r 4)i 1 I ..C' ' ~~ I ~ I -- ,------ - -",-------- - • ;--. . .----- - • 1---77-11114,G PAlittAilllNT. • a Weer near at hand, undoubtedly the best bowler / would have boon to have made the arrangement M ttle' f but with a power so distant as America, the HOUSE OF LORDS, Jtirrr ii. only course we could pursue Was, to declare that on The Home met about half past two o'clo ck, and regolved it self into a - Committee on th e Order* in Council. Three wit- a day to be named (allowing sufficient time for thein news were examined, and after which, about four, the /louse strument to reach the United States) the Oedeis in resulted. The kith Loan Bill and the lose Customs Bill were read a Council should be revoked on the American Govern . third time and passed• went repeating' their restrictive- acts on our Coin - The leish Insolvent Debtors' Hilt passed through . a •Com- memo and complying , with the conditions. This, tminamendments, with amendmen, and was ordered to be printed as $ ;he thought, was as far as this Government could amendad. ORDERS IN, COUNCIL. -." • possibly go. As to the question of the rain' of the The Marquis of LANSDOWNE ad7ert to the Orders in _councils that must depend opon.the acts rumour of what had passed in another place respect- of France, or upon an arrangement with t(e United ing the determination of his .Majesty's Ministers on the States. It could yet 'of 'course tiOest that we subjett theof commercial policy of the country, and were to submit...to . a state of things in which the observed, that it was of the greatest 4mportance to French siorts wed to be freely opened to commerce, I the con mercial and manufacturing interests of the and tbe British porti excluded from the advantages country,that the ilitentioni of his Majesty's Ministers of that cominerce--L4sut -if our object could be at-'1 upon this subject should be clearlyand distinctly ex- tamed without injury :to the United States that' plained. He therefore wished to be informed, who- might be the 'subject of au arrangement with their •• titer it was the determination of his Majesty's Mi- Government. • • . ' misters to revoke' or suspend the Orders in Council.: The Earl of ROSSLYN deprecated the mode, re. if to suspend, for. what period they were to be sus- sorted' to of revoking the Orders in Council, con. Fended ; and if to revoke, whether that revocation 1 tending, that the President. of. the..Uttited States was to be absolute and immediate, or conditional ; -might thus be left ill doubt as to the repeal of their and if conditional, upon what conditions .such revel. restrictive acts, and that by thedelity thou occasion cation was to take place ? ; • , , ed, the manufacturers of this country might be de ''"Earl BATHURST 'stated, that on the 20th of prived of their full shipment for this year, which May last, the American Charge (Affairs in this I could only take place within the next two months, • country, communicated' ti G'overnm 'e nt a Decree of t and be rendered unable to ship till February in the the French. Government, purporting to be dated i next'year, by which their 'distress would' be greatly April tly 1811.--Init no copy of which Decree had 1 increased. ~ . ~ • , s ... neerbaesseeen in this coentry, nos, : iii America, the I The Earl of LAYDERDALE •reurged his former' French Minister there having acknowledged • that he i argumeuts as to what would be the result if the bad no copy deny Decree to that effect) and which"; trench Government repealed Their' decrees gene, declared the Berlin and Milan Decrees revoked so : rally, and the Government of the United States re far as regarded America. On the 21st of May, an ' fused to accede to the conditions proposed, as the event took plate, which, it was supposed, would lead I ground for the revocation of our Orders in Council, to a change is the Administration. His Majesty's I and again contended, that by the express words of the present Government had, however, as soon as pessi-1 Act of Congress, their President must declare their ble, taken this falbject into consideration,and the re- I Restrictive Acts at an end on the repeal of our suit was a determination •to revoke the Orders in' Orders in Council ; and that, therefore, the only '. . Council conditionally, on a day to be named (allow-( wise course to adopt was. to ,repeal our Orders im • • 'kg sufficient time for such intended revocation- to I mediately, instead of leaving, by the mode of revo -... reach the. United States), the conditions being •thati cation, the repeal of the American Restrictive *efts' ehOGoverament of the United States should admit a matter of doubt. ' : -••s• British ships of war into their ports upon the same I The Earl of LIVERPOOL contended, that a day l terms as the ships of war of other belligerents, and being named for the revocation of our Orders in also repeal all their restrictive acts upon our conimer- Council, the construction of 'the Act of Congress' 1. • cial intercourse with the United States. These con. must equally apply to the repeal of the American ditions b..ing compli. d with, the• Orders in Council Restrictive Acts on that day so named. would, cease on the day so to be named. Whether Lord HOLLAND lamented that the important *hes were to be revived would depend' upon the acts interests in.question should turn upon a point of pre. of France, cr of the Milted States. An instrument ' cedency and etiquette. It reminded hies of what . had been drawn up, expressing the determination of , sometimes happened at dinner, where he had ob . Government, which would very shortly bepublished,l served two gentlemen bowing and bowing, in order and until that document was before the House itl to give each other the precedency, whilst he in wait. would be better to defer any dischssion upon the log for them had.' nearly lost his dinner. Thus subject. .. while the point of precedency was settling between Earl GREY agreed in the propriety of deferring this Government and the Governments of France any discussion till the instrument alluded to was re- and America, our manpfaeturers were starving.— gularly before.the House, but he could not help la- I He cotttended that the only wise,: and. frank, and, !limiting the line of policy which Ministers had ; conciliatory policy . would be at -one* to repeal . chosen to adopt, instead of the more manly and ad. j our Orden( in Council, instead of raising a gees santageona course of at once revoking the. Orders in I tion of doubt as to whether the American Restric.., Council. It seemed as if Ministers had been reltic. tive Acts would .he repealed - or not, which would' . tantly forced into a measure which they most unwil- leaire MO ildflidfaudbed*itianufactirerti# 'a lost hote liney adopted, and that they were carrying it into to act.; •-•''''''-'. "z• : „..,... , . . effect in a most ungracious manner. Why not at , Earl , tiATttlllo - 1 'stated, that whri the notifica.l . once. in a frank, and open manner, revoke the Orders tion welt:mile bythe.PrenchGovertunent,lo Atigist, . in Council, instead of clogging the:revocation with : that the Berlin mut Milan' Decrees would condition conditions which would leave the merchants and ma. I ally cease t o operate on the Ist of November follow. nuficturers.in doubt how to act, and thus prolong ing, the . President of the United States immediately their distresses for a copsiderable period. He had , acted upon that notification, and declared that the. been, also with great regret; if he rightly understood i American restrictive, measures would cease to operate' the-Noble Earl, that the revival of those Orders was !.on the Ist of. November, this was therefore, a simi to be matte to depend upon the acts of Fiance. i. I tar case to the present , under the very same Act of Earl BAT I i URST, in ..explanation, stated, that I Congress. • - what he meant to say was, that the question of the I Some further conversation took place,- in the'] revival of the Orders in Council, would.depend either : course of which, Earl FITZ WILLIAM diprecated '1 upon the acts of France, or upon arrangements to.l the mode 'of carrying the proposed measure into ' be made with America. • effect, and enquired when the intended document Furl GREY again urged the expediency of imme- ; would be published. i diatel) revoking the Orders in Council, in a frank I The Earl of LIVERPOOL replied, 'in thh course and open manner, instead of doing it with doubt and , of a very few days. ' .. . ' • • - J suspicion, and observed, that if Ministers adopted I The Marquis of LANSDOWNE wis h e d to know the' measures proposed by his friends and himself, ; whether the conditions required of America, in addi they ought at least to adopt the manner in Width. hit tion to the receiving in their Ports, British ships of 'friends and himself would base carried* those met. I war, on the same footing as those of other Bellige sures into effect. He wished, however,' to know, ' rents, and the receiving British goods as before, in. 'whether in the interval, betwfen the time of. issuing chided also :thi . jitiiving British goods in &kith the document alluded to, and the day on which, as ; ships. . . was stated, the Orders in .Council were, on certain j The Earl of LIVERPOOL replied, thatthegoo- conditions, to cease to operate, those Orders were ditiousspplied -toull the restrictive massenwaitala , • to have effect. . * had grown out of 'the Orders in Council. -• •' • ' . Eart'BATIIURST stated, that in the interval, THE CL E RGY. .: . American vessels detained under those Ordersovonlll On the Order of the Day for taking intoconstdelfe . 1 be.brought into our Ports,. bet that in the event of ; ellen the repoit urthe curates , Bin. , . the American Government .acceding.to the condition! i, The Earl of lIARROWBY at some length en. those vessels would be released. gi t the contraiV if the Condition's were net acceded lo; then...they , 'their J r ' a detail of tin °°° " 4.°44l°°°° d elei llY °° would be, proceeded against fur adjudication . and of p receding acts for . I ,their bene fi ces, 1 provision for Curates having the care of suchbene, prizes. '• ' - stro -poniy;..l w" for makingfices, with the view of shewing the necessity there • • which encountered the risk ' of not attaining the ob. a better provision for stlPendiary I ject sought; and thus greatly increasing the di.stsisses , Curates, who formed the great mass of' the Clergy advantage of o , do ing duty in parishes. The object of the Bill his of our manufacturers for the pet/ few American prizes. - i Lordship stated to be prospective, that on any , futural induction to benefices the. incumbent might'clearit • tarl STA NIIOPE contended ; 'that' from the ei• understand what was to be result iu case he did not pressian .usetl.by the Noble. Earl (Bathurst). the re- : reside, „that in ;Messes the minim tun.of thsreniary of vivat of the Diners in COUncil, anti consequently the Curate . should, be 801. per . . atiulu4 i bid the distresses'of our Manufacturers, were to be made , to depend upon the will of Bonaparte. , ; where !the population 'of the parish amounted to 5017, the minimum should be 1001,‘ and that whites the The Earl of . LAUDERDALE observed, that toy - 1 the declaration of his Majesty's Government , issuid Palouletints exceeded 10001,the .. minitionn eitotild be six weeks ago, the Orders in Coqucil were to cease 1501. "' he "; 4_,.1-11°14"me of. the benefice in eitbiii of upon the repel of the Berlin and Milan Decrees , these cases - a''' net 'll°l'l°o to the "litlillms :thus enactielthet. then tlio Curate should linv.affint Whole. Supposing, therefore, l andy were to_repeal These lee, nunirne:Saistr ..however, to be inbject to nerally those Decrees, the Abserican Govern: , upon per.anstattOedOctien, • where the Curate served' meet to refuse to accede to the -conditions upo 'which tite revocation of our Orders in Council .wissi a9re t b in...°l4l °tie ) '" . Person leonlcbsta ;a a Cu. to depend,- thOse Orders would then be in force, not ..mte who I.tiot ,, ieen licensed by the Bishop. With. against France, but against the United States, thus aspect to the peanut possesfors of benefree st ontained Praidons,• that sirs-their applying fee li .the B il l, - eumpletely aliosikg their character, and setting fhb c tip an au .eidegy new , *principle. By the Act of ce . __, nce° ,,... lo d i thll t re_sicielice, they. abouldetate. nortaitt Congress tire Prasidtvt of. the United States was to • ....'",`'7 "lil°_,___m4. to k , enable t declare the restrictive acts against the .commerce of 'w""- mo ss Jastwa* the sitlst'y I. l 4?Nfthip coaelq!ilfir ipoviag, , 4,,, A r abui tsn ii o f t Ar r i .., evades* of tine- Banc*, - ' rseilittuits thisi betA , . ' ,4 1 ,140 orAtiltis, . PAkestit Adarnitei, is**. birsttenest;v . 4t.iteib• vie* • ...._ „d e 4 • • .. . 4,-.. .. • .-.,- —fg so --. , "*.o. • •IV . - . . . TIIE STATESiIAN. , eept of his situation, and sometimes a House *light not be attended with any advantage. The Berl of LIVERPOOL defended the principle of the Bill. Earl STANHOPE observed, that nothing could be more clear than what the Clergy received were salaries, and only salaries; and not to be consider ed in the light of freehold properties. The 'LORD CHANCELLOR thought the Bill would,hreak in upon the right of advowson property. Loid lIOLLAND said, were he to admit the prin ciple of the 13111;• he did not see how he could resist the principle of equalization altogether. It was a delicate matter to interfere in contracts between man and man. Lord HARROWBY observed, that the property of •the Church was held on the condition 'of providing for the eerviceof the Church. The Archhhop of CANTERBURY explained-; after which the Bill was ordered to ba re-committed on Tuesday neat. The House then adjourned; IL' s i w et o o r r ab fo lo r ftohre the :toy o t e h rc e te ot c hf r l e : Ti e n: r o e sy f I contend and conclud e , paonlp eioaestnahhm ardee.trph;aes person, e e r ins of T h h is " erito p r u , n is ish to a ma ne lt W e S i4 C w r i l otaT nl th e aeut o tr f tp : a l e . cn n ear o io th imni a n other nt r ihas m letdo a ae n cis3l . tsgtnaeb: foundation of criminal law. That an editor is a lawful agent, and alone L e , swerable for his own crimes. That selling books is a lawful occupation, and i n , 1 plies no criminality in its act, except some proof b, adduced of a criminal design. " Nor does a recurrence to standard principles of justice and reason deprive the public of its necessa r y 1 security against libels an d lib e ll ers. The legalized 1 responsibility of editors, and of the parties imm e , - ,- diately concerned in the fabrication of a libel, w o od i be a pledge of care on their parts, which is not sb. tamed by. the absurd modern doctrine; and the re. sponsilrility of the Proprietor in his property, would ,afford a pledge of his caution in selecting ?At om and. couductoks—while the exemption from Ra j, * criminal responsibility, wodld remove a valid objet. tion df men of character toconnect themselves with Newspaper property, and serve ai a means of m. storing and maintaining the respectability of the pub. lic press. in cases even of murder the vengeance of the Law is appeased by the punishment of the single person Who perpetrated the crime, and does not ez. tend guilt to collateral persons by over -strained rea. sonings—why then should it seek for, and endeavour to multiply victims in matters of libel, and refute to be satisfied with the punishment of the proven culprit? In asserting these incontrovertible positions, r simply maintain the just ascendancy of reason over the time-serving doctrines of certain courts and law. yers ; and its incontrovertible pre-eminence in the genuine practice of the laws of England, over all oppressive and arbitrary decisions. Jurymen! 0, Jurymen ! on this subject, as oa all others, beware of the arts of sophistry, and re. member what is due to yourselves, to truth, to its. Lice, and to your country. COMMON SENSE. AONDOIih 111115414-JUIIID 19, 1812. We bin recubsiii #ollelos,.Papen to the sd( l Mil s from which wo esqlsap tht fbikswing s FRON ?Hi KINGS TON stOTAL warn ost mgt. 18. Accounts from St. bowing." state, that. P.prt os had, about the 10t h instant, made prisoners of ose cveneral ) thitsiCcolonels, and the whole o& CHRIS. rens', cetvalry, b number about 1;100. A corvette and brig sailed from Ant Cayes on Tuesday.last, to join the squadron of Prrto.te at Port.an.Prince. . FROM THE SAME PAPER, APRIL 25: the Thalia we learn that CamsTopax still in vests port-au-Prince; and had made several attacks on the Upper or National Fort of that place, in all of which he was repalsed.with considerable loss, seven of his chief officers, together with a great number of men, baying been killed in these unsuccessfuitttacks. , No material damage has-been. sustained from Camp TOPME'S fire, only a few . houses having been in jured. Thelollowing is an extract of a letter, dated at Port4u-Prince, Aprit 14 _ _ CIIRISTOMIS haa taken up a position to the north of the towe l , gad has thrown into the place about 2000 shot; which have killed three women, and wounded two. Casa. TOMS, adopting the luxuries of state, carries fhb him 4 house upon wheels. The army .within the walls of the town is said to "mount to 12,000. lien, I l and having ordered the corvette and brig from Mt cayes, Panora is patiently waiting their arrival, to malse.a sortie, that he may attack both by sea and eiesik. • The-inhabitants later sualleilisPPreheoli cle islittlaogev . •- • ". PROM TEI JAMAICA COURANT, APRIL 24. BRITISH NORTH AMERICA:;‘ ~41117 an official statement it appears, dad 531 sail 4, Teasels, measuring 116,637 tens, and navigated 1i,553 men, were cleared from the port of Quebec, .clurita,g.the year 1811; and that. 37 sail of vessels, r • measuring 12,688 tons, w!rs • built there in the course, of the same year. The Linnet was detained no Wednesday, o f the Nan' ssa, by a French prlipOr schooner, which, after,having plundered her al several articles, per mitted her.ta proceed for bqr destination. rani JAMAICA COCOA/IT OF 28TH APRIL. A French privateer was lately cruising Off Cape .11Lomain, and had captured two Spanish vessels from *Porto Rico ; and two ethers belonging to Curafia L 11410dajiety'a ship Crew bad failed from the latter ;1104 isowisitii . : from fi 111r.W.OrrliOrnates-1110:000 Boa 'O6IMIRTgeIIIS t° this eouotry at end upon the repeal.of our Orders 4 L r d sbi P a in CouAcill t lfas 11 net, therefore, the obvious policy. . raligal rs at once to those Orden, than to do 4. I n a . :thiciiiidani mauneAvhichApight leave him.a discretlin as to ehi .tis.thrkredol "Mode of oonstrning that discretion' t ofi thus delay .P. 1 4.011101* 1 • or defeat the venial of the nistrirtrielmrs. • r,...:111,..8.111h The foil of 'LI VERPOOLoerm#, that if so ,e4tWateua et ;t hie **mind beesAo - bessde with ,Soleeoame ROUSE. OF COMMONS. There being only thirty-sit Metiabais pieseat at four o'clock, the Rouse was p of c4tile p tdjourued till this day. . . • ^ CASE OF NRWSP4PER PRORIETORS. (MOM TIM KONTHLY SEAGA/ISM] • '. !t.. • • .1118 po [TOL ' , gsitp—l have tmsubliod you with so many.otilariai tions on the perversions of Tasman and justice, which characterize the practices of several of our courts of law, that I fear in extending them I shall be consi dered as obeying my prejudices, rather than She so ber dictates of my reason. I appeal, however, to the experience and convictions of all your Readers, on the same subjects, and to the facts and arguments which have corroborated my conclusions, to justify my reiterated abhorrence of the Sophistry and chi , canery which so often distinguish the reasonings and practices of lawyers. Among the extraordinary doctrines which of late years have been maintained by some of this profes sion, it has been gravely contended, that a man ought to be made criminally answerable for 'the crime of another—that a crime may be committed without a criminal design—that a principal may be legally con. victed and punished for the crime of his lawful agent —and that criminality may be inferred from thP re gular pursuit of a lawful occupation • and I know not what besides ! but all as absurd an d as insulting to reason and justice. _ _ Many of your readers will rub their eyes on pe• rusing the foregoing. paragraph, and conceive they have misconceived its sense—Lawyers in general will perhaps deny its truth—and indeed I am myself convinced, that the doctrines which have prevailed have not been intended in their full and received la. titude-khat the practices founded on them have been negligent or inadvertent—and that I have only to explitin.and 'spoofs teem, and to chew their misapplh. , cation and iniustiea t aetithat we .aba4l tbea bear me more of them. The practices. atid'dOctrines to which I allude; aitil the criminal prosecution of proprietors. of nevrspa pens, for acts of their agents or editors ; and of booksellers for selling books in the ordinary course of their lawful trade, which peradvinture may coury fain libels; :' - ,Such prosecutions may .be maintained 1Y poiver v and their victims may be compelled to. submit to them—but no eastern' despotism is more cruel :ate unreasonable, and no injusticemore mon-1 strous eadriiitolerable! As contrary to reszon, such practices art of course contrary to English law, and that they should ever have obtained sanction in our' courts, can be ascribed only to the baseness of sycop, pliancy, to the tirde-serving policy of certain law,. yeas,. and Ursa determination to destroy the press; and free discussion, at all hazards ! I hope, however, Ithat free discussion *Wait long enough to put to I shame and to destroy such arbitrary doctrines ! • Look to the mecha'nisin of Newspaper Property, A good Newspaper nets, perhaps, from its sale and advertisements,l3; 4, or 5,0001. per annum. The Proprietor, for numerous reasons, is obliged to con; sign its management to an Editor—and the Editor in serts a libel without the knowledge or connivance of 1 I the Proprietor—yet the Lawyers say, that the Pro. prietor alone is criminally answerable for this act of l'the Editor ; and the courts have sometimes punished the. Proprietor, though the Editor ' tar Author of the 1 Libel, has gone forward and has paved the totd i g norance of the Proprietor ! • That.thisperversion of the very basis of . crimibal law and justice is directed at the Press is evident ' , i hoot the opposite reatattiaga of the Lawyers, whos t applied to exactly similar relations in another depart mart of society. *. . A:-stagecoach, a propetty like that of a newspa per, is generally driVett by a coachman for the pro- I prietor, in like manner. that a newsparper is conduct;; Led try an editor for its proprietor.—Yet, if a man is `killed by the negligence of "the ,coachinin, did we ; ever hear of the proprietor being prosecuted for man slaughter? • .Did weever hear any crime et the driver of a coach charged on the proprietor? - Nothing could be more unjust—yet such is the exact situation of the proprietor of a newspaper, and exaOtlY "pit= mita is the absurdity of Sec tireutiut *tit: fitt r the• crime of Wceditoi! • . . . • , The coachman and tbeaditor eve like tuattlidone answerable. criminally for the crimes they commit f 40 the .proprietors is both.. Pisa are answerable oat? as matter of propertyetykkiwAismagesi for Say ist. juries siiitaluid.throogjk*lnitrstmentality of Alibi: riSpeddiWpreperdes::.; j: - ' ,. . !• ' • .•.. , CRP_ "Ikj-#o4d6Attit **teat or Thor. cepfilia Allii.tkiikU9.44o l l4 l lo l 4) 4 ratioaddo.obts Prit l ,o* ~ ,!* 14 4 . 10 4 0 1 0° . ? - •*`-;4441' ' iiiio," why, .- - Arr o . Maj. . • A l • 0 • • ' Waterford • 1 Lisboa. ?.op , • o - ## •••. 1 ooto • •4: • 11=0 .. • 134 ' • aw••• 1 Igo eut . ...••• 4 ~•••• ••• .. A• 11 PRICE OF STOCKS THIS Bank S per Cent. Coal. S per. Cent. Red. ISK 4 per Cents. 721* I per Cent. Navy Long. Ann. DAY AT DNB O'CLOCK. India Baud* 7 9 dii. Exchequer Bills 30. 3 4 d Ditto Sid. 3 4 pr, Dominus 211 p Consols for Acct. 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