The Statesman. — London, England, 1812-11-12 00:00:00

~~ M „. 11„, • , I i!! ” ; I TQ TIIT RIGHT LIONOCRABLE LORD VISCOUNT CASTLEREAGH. . [PROM THE CaPi•STITUTVoq MY LORD, —Ministers may exult at the ill SIM eNS of some of the brightest ornaments in the co:cu lt.% being thrown out at the late Election. This they may do, with the same propriety as the patriot ;Le:Tomei N did at having set lire to Moscovr. He at:is as cruel, but less brave than Nen° ; the latter set bre to Rome, and labile the flames were consum ing the proud metrepulis of the world, he had the courage to stay:within its walls, and play his lute, by me's- of symphony, to the groans of the dying—a troode always delightful to the ear of a tyrant ; _but Hoseoecnte set fire to Moscow, and fled by the light or the flames. This makes him an emblem of our goodly Ministerial writers ; for while they rejoice et a victory gained at the expence of their eountry, they are endeavouring to set that country in flames,• Word are preparing the means of their escape from its reius by the wages of their iniquity ; their w l erthy co:elk:tete of the venal press assist in this work; aid they are worthy the employment of such good and gracious masters : they perform their drudrry eeeordiee to their engagements, and prove them selves deserving of their trust. To them it is that; the country is itelebted for all .t!te miseries it en dures; for without their prostituted aid (we blush to own it), our Ministers would not have been able to have deceived the people so long as they have done. Ilat, thank Heaven, the mist v; pith has so long en veleped the eyes of millions is now dispersing by the powerful rays of reusoe and truth I ;...linisters,how ever, still go on, and will go on ; they have secered a majority in the louse of Commons, to cover them in all their wild anti proiligate proceedings; tier will rea sonbc their guide wail their country becomes a wreck, from which they will endeavour, in-vain, to escape. When a vessel becomes strampt at sea, nr stranded on the coast, the Captain loses all command: he is then o n ly on equal terms with the meanest sailor, aed the crew generally remember, antler such cir cumstances, to matind their former Commander of! his misdeeds. Beware, then, my Lord CA9TLEREAGU,, I for it is to you I would more particularly address my self, how r on sport with the feelings of the crew— of the people, over whom you now preside uncon trailed. Let - me then ask, my Lord, if you do not see danger hourly approaching the country, which is stow governed In acgreat measure by your Lordship's Councils ? you still 101 l on your bed of roses ? • Do you see a loy at and long-suffering people envi toned every day with new troubles—new privations —new miseries ? Have you not seen an abundant harvest, and yet hare you even the wants of the peo ple anyway s ameliorated? Or rather, do you not see the homey of leaven mocked by y our warlike Cont . tits, and the sit nation of the people daily growing worse.—These are plain honest questions, my Lord, sech as a Patriot has a right to ask, and a Statesman is bound to answer. Bet y ou may third: your exalted s'a:ion places you above the necessity of answering the questions of those whose hard-earnings are in part appropriated to pry you for your ruinoes advice. Bet a time may come, my Lord, and a most unplea • suit time will it be for your Lordship, when you my be compelled to answer questions of a more dis agreeable nature. When arraigned at the bar •I your country, you may tremble for the•consequences of your conduet. Though justice may not be even handed under your Lordship's authority, yet when powerslips from under your feet—when the fawn ing sycophants, who now hold you up as a paragon of wisdom, will slink from you like a cur that has bitten you by the heel—when Court sunshine shall no longer bear you above the clouds of adversity— thou, my Lord, will justice busy herself in balanc ing her beam, and in ierbbitig the rust front her sword, or rather in wiping away the spots of blood with wleieh it has been prematurely stained. I wish you well, my Lord, and the country that gai:e you birth—lreland! oppressed Ireland'. a sacred limb of the British empire, that has been so cruelly tortured ; bet beware, my Lord, that it is not dismembered by your councils. More won derful circumstances than that have- happened, and from causes less apparent. Daring an interval like the present, the people, sorely opplessed, have to pine away the they, and to moisten their hum ble pillows during the night with unavailing tears. To them the sun rises not with joy; . and it always sets in eerrow. To them the day returns not wale: its usual cheering face ; and the eight passes eiyay in tormenting gloom. The varying song of the nightin gale, and the warbled notes of the lark, have lost their usual melody upon' the poor mates ear; one settled gloom Pervades his throbbing bosom; he finds Itime:l" a blank in creation, and creation is to him a blank ; except as his - troubles convince him to the contrary. This e •mye Lord, is the state to which your cettncies, and those• of your colleagues, have brr.ueltt this country ; and you calculate wrongly, if yonthin;: you a r, AlwAys to repose on te bed of roses. Let its, for a element, my Lord, carrjourehoughts. back to thceplatuting of the lielseian e'er, and wo seal! !hid, that WIC • nay, the chief of your Lord slipss objects in promotiug it was to drew iNiAvora:ox au immense distaneo from his own confines--to se tore him in flue iaarsliei of Russia while your Lord ship's agents promoted, a counter-revolution in trance. Here again, .my •Lord, you miscalculated e Finn • ceases and eftiscts to the talent spriug‘ of tho hemit-your Lordship,is st„sttanger; although w q,iltiptlas have possessed a preponderating Mu. THE STATESMAN. ence the British Cabinet. Taxation has -advanced with giant strides ; and becanso the people have been docile under their burden, yo 3 calculated that . ex. treme taxation was likefy to Make all the people tame, if not happy. The French people are, how ever, of a different temnerament. They rebrlled against their Sovereign when their taxes amounted, I on a ratio, to about forty shillings a-head : tEcetry vhillings a-head will now cover the demand made upon them ; and this beneficial change in their sys tern of taxation they attribute to BoNsextrrc.— Then, were such a people likely to operate a counter ! revolution ? The effect of such a • scheme has beets tried, and has failed ?." Your Lordship's measures are much more likely to bring about a revolution in England, without designing it, than a counter-revolution in France. Boundless taxation is not relished theiv, and here it may not always be the fashion to admire it. The people of England will one day take it into their heads to cal f ciliate npo❑ the difference there is between the quan ; turn of taxes paid in France, and in England ; and if they do, the. event may be fatal to yoUr Lordship's bed of runs, la • France the people pay one pound per head, while in England ten pounds per head. are annually extracted from their pockets. • This is a frightful difference, my Lord, for the inhabitants of Britain to contemplate upon ; a difference which t may be pregnant with cruise:lt:ernes, which have I never e: t , red into your Lordship's Therefore, my Lord, for the sake of your own peace of mind, for the sac of your august Master, and for I the sake of the internal repose of these kingdoms, 'suffer tae to prevail upon your Lordship to be more jast, and to adopt new and better °pillions ; and you will find that the generosity of the people of England is not yet exhausted. .• attended the school. They set off together, and were away about a fortnight. ; They then returned as man and wife, and were received as such. Ano ther circumstance which corroborated the fact of the marriage, the Learned Serjeant agreed, was to be collected from the fact, that when the Defendant's mother at one time left,Mr. Crew, he made a settle ment of an an laity upon her. The - Learned Ser jeant contended, however, that it was incumbent on the DAndant, in such circumstances as these, the Imother being under age at the 'time, to prove the marriage by writing, or by proclamation of banns., Lord Er.r.rpreottounn asked, wijat evidence was i there that the parties did not go to Scotland ? ' 1 Mr. Serjeant LrNs—" The declaration of the wo man herself." Lord F.t.r.r.xnonountt said, this might be a doubt ful case, but there being no new evidence to be ad. E duced, if they were to send it back to the Jury, they would send it in a state as doubtful as before.— : Thirty years had,elapsed slime the period of the sup !, posed marriage ; this was a Isnig recognition of it, and the circumstance of a voltintary annual pay meat by Crew to his supposed wife, while they wore se parated, was an additional recognition of a marriage which could not fail to carry some weight along with • it. It was to be observed, too, that there might even hate been an iudi•Soluble celebration of the marriage in England, if they could only be indoced to give the scope of a few days more than the for night during which the parties were allowed to Lave -been absent, previous to the time. when they re turned as man and wife. All this was matter for the Jury, and the Court must hnve something stronger than what presented itself in this case'before it stsr.t. 'it back again. '!Tigre was no rule of law which made it necessary to prove thJ marriage.—Rule refused. IDLE. V. THOR\TON. The Soucivua-G UNF.RAL moved for a rule to spew cause why the nonsuit in this case should not be set aside, and a new trial be granted. It was,an ao.t ion on a contract for delivery, for a quantity of tallow. .IThe contraet was as follows :—" Idle, Brothers, and Co. bought of Stephen, Thornton, Brothers, and ICo. (mentioning the quantity of tallow) on arrival. 11f the tallow did not arrive on or before the 31st of December, then the bargain to be void. The tallow HAT-MARKET TIILATRE.—MORRIS V. COLMAN. to be taken at the King's landing-scales, Ex Catha- This case 'came before his Lordship on exception; rina, Ivers, Master." The. Defendants did import to the Master's Report, tiled by the Defendant, and by the Catharine, a sufficient quantity of tallow to , sni•porqd by Sir . SANarar, Ronir.t.y and Mr. Baer- enable him to fulfil his contract. The vessel, how- The grounds of the exceptions were, that the Be- ever, by stress of weather, was driven into the liar- ;) fendant, Mr. Colman, who was originally sole hour of Montrose, in Scotland, and instead of ! owner of this Theatre, and had sold one-fourth part bringing up the tallow to London, and delivering it thereof .to Mr. Morris, the Plaintiff; 'and another to the Plaintiffs, the Defendants took it to Leith,andt fourth part to Mr. Witistoti, the S!age-manager ; and ' sold it there. That, he contended, bad occurred, to Mr. Tahourdin, in equal shams or moieties, re- ' which bound the Defendants to fulfil their contract. serviug to himself one moiety or half of the whole I The tallow had arrived, and the contract bound them concern. There was a deed b tweed the parties., 'to deliver it, . . enacting that no share should be sold without a pre- I Lord Ei.r.vrnonoucn said be had been, of Opinion Terence being given to the original proprietor, with on the trial, and he was so still, that the parties 1 one month's time to consider the proposal, before contemplated thearrival of the tallow in London ; any stranger should be produced. Mr. Morris •. if not, why specify that it was to he taken from the I bought the share of Mr. Tahourdin, without such King's landing-scales. The Defendants, et all eventiO previous notice as the deed required being given to should have brought themselves• within the . equity of , the other proprietors; and under the objection to , the ease, and have offered ' to bring up the tallow.' this sale the exceptions were taken to the terms of 1 frpin Montrose to London t at their own expellee.— the deed lately prepared by the Master, by virtue i . Rule refused. of the decree of this Court, for adjusting all matters I • in difference between the parties. The Defeedatit I STEMLESS v. PIERE ELEZEE. - contended, that although he was willing that the ! Mr. PARK moved for a rule to sinew cause why the Plaintiff should take any pecuniary share of the verdict for the Plaintiff in this case should not be set profits of the Theatre, by purchase, with his con !aside, and re nonsuit entered. It was art action on a sent, yet he did not mean or consent that he should :' bill of exchange for 3001. and the Ihf..inflant had take any further orsreater power in voting or carry. , pleaded bankruptcy. ing on the concerns. After a long discussion, his i It appearing, however, that the Comnlistion had Lordship desired the further arguments in this Case been taken out against the D.:fendant, in the nem^ of i 'o stand adjourned to a future day. :p Vincent Tallishon, and not in that of Piere Elezee, the - .Nil , found for the Plaintiff. He now moved for a new trial, on an affidavit, disclosing a number of material facts. In the first place, it was a standine L<IIV ISTELLNENCE. MENTOR.. COURT OF Cif ANC—RY, Nov. 11. • pen. t wr , g , ithiut lt 0 3 I,s t, r.r% ta this • tht led • sines Luc. Crud s tia it MI. ui ed.. ier ha !cord_ ' lined rao o . • ye uo ' your ‘ .7,.. e fast lucra udge, dig. rule 3y a.... , said, 'era:de .min; 's pre. lid th.s wit. lailitiif aid it (Ni- ls but , e (the to tz, toads wi.es coot. turd a J 3rstatd Of his' mls. that as Should ft, r a 'N. set . r come woelll er.01.... p: 1113 e ((nears it was COURT OF KING'S BENCH, ll' ESTM INSTER, Nov. 11. BORCITARD V. ALLNUTT. The Solace ron-Geerttat. moved for a rule to • order in the Court of Chancery, an a very proper show cause why the verdict for the Plaintiff in this .• one too, that no al lava were ever admitted to appear • rase should not he set aside, and a nonsuit he entered. itt • Commissions of Bankrupt. The Bankrupt, in It was an action on a policy of insurance on the ship this case, hid tendered both his names'at the office, Tugent, from Gottenburgh to Rostock. The ques- • but the second name hid been rejected. The cause lion was, whether the assured in communicating to of his being known by this second name was, flea he the Underwriters, in the beginning of September, - h a d A t one th n e. L e en a membe r of a religious . that the vessel in question had sailed with the last ' convoy from Gottenburgh, but that, in consequence body in France, bY whom he was obliged to ndurt of eoutrary winds she was supposed to be still in or the name of Piece Elezee; and he had-been known iedifferently by one or other of those names both on near the two Belts, had given them all the inform the Continent and in England. There was no fraud, (ion that could be required of them ; or if, on the h contrary, being themselves iti possession of the fact ; i t ia e m r:fo o r i e, vi in eo r the Bill question, being in the Elezee, the Plaintiff in the action that the last convoy alluded to had sailed from Got knowine him well by both names.—Rule to shew tenbureh on the 2Stlt July, and %ins still unheard of ; cause granted. • • at the dale of their advices of the 20th August, h they! .avere not hound to have communicated to the Un- l derwriters, that the 28th July was the day on which the convoy in question sailed. The Jury. ander .the impression, that the Underwriters, by using due diligence to inform themselves of the fact, might have aieluainted themselves with the date of the sail ing of the last convoy from Gottenburgh, found for the Plaintiff.. And the present motion was- founded. on an affidavit, by the Agent who had underwritten the policy in question for the Defendant, certifying that he had Ito moans of ascertaining the date of sail big of any sech convoy, and that if he had been aware that the convoy alluded to had actually elated on the 28th July, ho should not have tutderwrittea. the policy, but should have considered- the vessel iu question a misiting ship. -r . Bade to shew cause granted. DOE DEM UEVAN v. CREW. Mr. Serjeant Less moved for a rule to shew cause why the verdict for thu Defendant should not be set' aside, and a new tri,l be granted in this CitSP. The I only question Was, whether John Crew, the Wm-, • dant, was or was not the legitimate son of John and Mary Crew. The Defendant was born in the year 17S1, and the evidence which ;brought in doubt the marriage of his father and mother, was the declaim-- tion of the mother herself: ller declaration wenito, this; that John Crew and she set off together to go to Scotland, - but stopped . before.they got there; that he gate her a - bit of paper, which she took, and that they then zeturned• igalugto Devizes. The material ' witness fer7the Defendant on the trial oa:s'a womaq of 'the name of Thompson, who was assistant • in bearding:sthoot at 14.1tich...the Defendant's Tether Hied. . Khirstitelik, :that thb Defendanertleether was then under age ; and Crqictrat the music-master into . - COURT or COMMON PI.EII, Nov. 11. soi T ia h l ley li:lirr in t , 1 to n wove ti fo o r ilik a rennet h.:it bee:, given coutrery to lai r . deuce. Mr. Cove, who was the he:l , .• • ft, • v..:a ri s. time since at Paddington, stated the Eircer n ci s It was an action - of trespa ss , lie said, ii having by various acts of violence ;tarot:ad himst his premilies, not only deprivin; him of but his goods and erections annotating in it,.;1• • • 5;)9(;!. 'Pie trespass, he bee., p i .. at the ilia!, and the inference to be drawn was, the verdict neeeisarily should have been f or but the I ein ;mid Judge had Ct. st . ilirect. nonsuit. and secondly a verdict.for the Defeo:la:l Mr. C. then entered into a detail of circumita, beta eon himself, the Defendant, and the Graiitl tion Canal Company, wlik:: to he c ; and oppressive. lie complained that the ;. rtes not protect him, as a solitaryiaditidaal, merous conspirators by whom lie had been juju Davi:tr.:intimated that the Learned Jed;:e (Mem& who tried the cause, kid nut given 6i, coo it, ConqitlA . ;:tioil, he begged to be iaforired whethei might state freel‘ - the circumstances whereiii, act in; to his opinion,. it &vas impossible the [Ai Jiidge could have taker, an accurate view of !iis Sir J.•MANstai•lnn observed, " You will give offence. State what you consider necessary for purpose." The Plaintiff accordingly said, •gi Tien, curnstant- was, your I.nrtlibip, that you were asleep durie,r, the time." The natttre and boldness of the as• - -ertion moat a sisigalatt sensation in Court, the Lrarited however, received it with silence and hecoinitig nits. The Plaintiff concluded b,. ira-iving f..i to show cause why his case should not. be tried b+ other Jiiry. Sir J. MANsriErm, referring •to his notes, the case when it was before him took a consiitera: portion of the day. Many witnesses were exalah to prove the tvespass committed on Mr. Cores raises. Mr. C. acted on that o•.:.easi it as lie die day, namely, as his own Counsel. Several nesses for the Defendant proved that the Ph held his premises from a person namAct IL•per, that his term expired in August, ISOS. '['lra 11 dant entered and removed the•Plaiatitrs it was proved that his term exp red. lie Darned Judge) therefore' order. d 11:m t called in Court, the Defendant t;avitEr, clearly out a right of entry. Mr. Cove appeared. called, and would, not be' tionsuited, fn , quence of' which the Jary very Properly fog' verdict for- the Defendant. ." I .wish (said Mansfield) from all my heart, it was to compose the mind of Mr. Cove._ I outlet he consider he had a 'right to a' renewal lease or 'covenant, but to that he !nay' be taken.. The only adviite I ear give him is, that his case has undergone two og three trials, he sit' submit to.the decisions:. There is no ground new trial, and it would be injustice if this CoLc aside the verdict... -As ite has tboughtproper to't into Court and plead Irjs own cause, the Court .. w m e, but 7 s a v e t i r v• ' t i v el ' a h eh t e i i PIP expense e s i b r t ti t ‘ t ifl v e l a s it e g e d w. 'n' t e c co n t w o l e allowed f 6 t r " r • I r t g ul proceedings. • Just!ce lizAnt observed, yea have he. rd.' There never Was, a clearer case? - . YI the tim7 t!ie Coust.The Yr i then lt : tt withdrew. °l kep MiAtorn.--t-Irist ntighE„ - •. : atlO"ut*.six d!clock, it was discovered that Jahn Chapter, of Itagle and Chili:- court, Shoe:lane, - had cut his safe's throat from ear. to ear ; he was seized and taken to the Co,mp:cr. BoxEnsi—There are no less thatt font brim s , matches on - the tapir, three of which wilt be decided on Monday next, in Esseit,• as arrangements now stand. The first, which has excited asmuch interest ay any combat the last seven years, and on whica many thousands are depending, will be betwis t I'vyrr, the reputed best twelve-stone fighter of the. day, and Cartc/•, the Lancashire man, who won his maiden fiqht with Bone, two months since, and sweats to aspire to become first on the list. Fuller, a promisieg pupil of itichmonds, *will fagot Jag, and Ltm'a 4 ter will light a Jew, much thought or. DaitA.S64, tro phenoinenott, who hafilis calculation, a::,1 litther Will tw matched immediately, and tight off hand. itonnEny Al' THE Titcyrac.-Tivn men, tuba were brought to Haw-street on Ttw.sday ni4ht, n 3 I suspicion of robbing a Gentleman of his•siletir Noll*- ASPINAL V. HARRISON. 1 box , during.the pressure in the pit of Caveat Gar d en Theatre, were yesterday brought before Mr. Blasts, Mr. PARK moved for a new trial in this case, on the ground of excessive - damage. It was an action • and ri..o -r ocv: En c deredto be detaitied: HARACTItIti.— th. tS S. .. . y.ct • A.n or imr. :. of assault, and the parties. were both Attornies.— tiott'which gives more ready means of robbery, &••, The Defendant; it . appeared, had called on the Min tiff, and on coming into his office, said, 44 It was a damned shabby tric% to - arrest me and M'Kenzie."--• . be a coniroaion betwixt the discarded servants ands Mr. Aspinal . said, he hadindalged the Defeudaiit for . ; and Fort h robbers, ete h , a r s ,co lately personsbeeu carried ri t i h e e d jce were committed ott Friday, th,‘ latiir some years ; when the Defendant gave him a blow.- i -g si a *le ig r;:lt f l e For this blow the Jury gave no less a 'sum that 501. • •n the character as a Captain Hayes, by which ho* , t which the Learned Counsel :submitted, in such a., o f , whom gave the former a Written reco:nmeadatioa asituation in a Gentleman's family iu Dzseashito .ease as the present, was outrageous damages. . .-street. . 17a l ii ( e ) s , a ill n ; Lord ELLEsraottovon, turning to his notes of the : Saturday night,about nine o'clock, as Mr. P,r, case t said, the evidence bore, that the Dzfentlant came - o f paiiabetii-place,• Kennington, was psssiie: by vi , a s into the Plaintiff's office in a rude manner,, with. his end of Chandos-streett St. Maiaites-lanet he a . hat -on,. and after making the observation and re: .. hustled by a gang of three•or fo ur men, who r i;besl ceiving the answer,. to which the Learned Counsel - him of two gold seals and a.key. . had jaist alluded, struck the Plaintiff a violent blow 17v:toile, biicert on the head, about the neck, so violent that - it would Rochester, on Thursday .last, be!weee some I , , : - A fracas .took took place at tae Star [art s •. -e have konekOd hint down hail he. not fatten ttgaiust of the, Navy.and the Isamllord, iii.whic . h 4 Y " 1 1 6 , 'the wainscot. He' then called the Plaintiff a damned of the name of Artier, had his .belly tiPP" I 01-1 .,,! scoundrel,. and pa his desiring hint to gait the place, but is likely to .do well. The.. Oilicers ,Ycro tl."' refused to do so till lie had got his bill of exchange ) . • into custody. 7 ; - nor Waal it till a peace-officer was sent for that lie ; -.-msawn-...;:• • • ~. took his departure. His Lordship recollected of a I case, where, on a cry of " Hats ci*.f!". in the Theatre, : • BIRTHS, • . - •,, o r s - /pion of Fairlawn, 1::±1.1 On rzidav inst, the ladi of J. $u . , ,a person who was in the suite of an Ambassador, : a .. hatatig had 20ttl. awarded hint for a blow over the : a son met IsAr. . • . h le-.iv of head with a stick, the Court refused to disturb the '• to oaorsfield itectorv.'Essex• tx • . Tuo , div lag . .?• • . - , I n / n A n tl il id e l e y last,' Mo. Jaseplyllackler, of Newman -5r r'l, of theftev. leitrii SN*, a. (laughter. ~-..--" _verdict. Ho was not for disturbing this verdict. He .; ------•---------_-, thought there was no. great harm in making Attor- I • - DILL). e "' flies, i their intercourse with each other, behaveß. N. Connuaud like ' At Sava, early er of his Majest yin the srria;;, . d Captain _iip _ 1 cams. . . . Mr: Justice Prtoot also hoped tills verdict wooly --- -- ' =- 6 -- ..-...— "'" --------. t o Gentlemen. I in, Thrimas raa e 1..0:4110,1! Printed and Published h y I). I,n,r,koA. Si have a good'example.—itule refiepd. srsvrisiAst Qrstcs , ti;. First- Frees. . • 4,• F:1 • Ii 91 . r ~;. ~~ •••