The Statesman. — London, England, 1810-04-21 00:00:00

• •••4. VA L r u nTsmointi, APRIL 1' o:;,...jkfirfiteil M e i, ' e el:, 74 gnus, Honourable paptain Carlon, from Rio de .14neirp ; and the Racehorse ) 18 rut, Captain Fisher, from the Eastward. the Statay, 64 glutei Captain Mind% to the Eastward. p v exotrru f Aran 19.—Arrived the derive, Oich. Butlaud, Master ; and New Diligence, P u mas Scott, Nlister, stere.sliipti, from Rio de Janeiro ; the Portudittese ship Flora de Pernans. bac°, Captain Deeastvo, from the Brazils, with c. , tcgt and sugar, armed with 16 guns; and 25 men. —.This vessel fell in with a large French brig pri. v,iterr, about five days since, to the westward of I ; . cil:y, which she beat off, after a gallant action. .A!!.. , arrived the Lyra gun-brig, from a cruize ; the Portuguese Schooner Dois Coniaoins ) Ileth Merry, Master, from Lisbon, with ftaz-seed, &c. !plum! to Belfast, detained by his Majesty's sloop . y geo urad. Also arrived a 7.l.gutt ship in Caw. sand B.ty (one of the IVltife Squadron), her name Not yet known 4 Sailcd the Orcoto brig of war, with a convoy fur the Downs ; the Matilda East Intliamah, under c onvoy of the Lopreing revenue cutter; and the Bruck Joke lugger, to the westward. Put back the Orestes and Lapwing ) with their cenVoys. Drsr., Apait 20....Rqmains in the Maras, a large fleet of outward-bound, and his Majesty's skips as per last. • GRAnsENi), Arm 20..-• A! rived VIC Edward, Hatison, from Heligoland ; Charles, 'Taylor, from New York; Young Caroline, Waters; and the Stuat:huh, --, from Nallit. • Sailed, the Pitt, Foster, fur Jamaica ; Lady Collingwood, Salmon, fur Lisbon ;, and the Peggy, *Dale ) fur C 411121. : Yesterday ills illa./sit 4 e, the Princesses An. OLIVA and SOPiIIA attended Divine Service at St. George's Chapel ; Windsor. . Yesterday being flood Friday, the Dukes of Trial( and CdXsitaboa attended Divine Service at the Chapel Royal: Thursday being Maunday Thursday; the Bishop of Lorivort held a confirmation St the Chapel ',oval, St. James's Palace, and Confirmed about forty - of the jdnlot katiehas of the Nobility. The ticese tstaadoritt of WALL', attended by the hop of SAlalittlY) Was present, to see, the iartmony. tzocuttlx*.—tarly Yesterday Morning, the second datighter of i wealthy trietchant doped, sarornpanied bi a female cent:1(10ot, with a Mili tary 0 fleet; from the residence of her father, in the neighbourhood of Bloomsbury-square. A letter fends Trinidid, of Feb. 16, received at tlatgosr last Tuesday, says; " An American fri. gate, of 60 riot, searched two nesse], the other day outside of the Grind Been. Two alfulavits, by the teptaini, are in the Custom.house. The 'reason the American Captain gave for his conduct was, that the American, ships bad it good a tight to search is &Risk." Iri the latt Dutch Papers; a Very Important De. tree of the Danish Goicinment is noticed. It it stated, oti the authority of a letter fioni Copest. liagen, that the Danish Chandery has issued ant order relatibe to Capttires kid Prizes, arid which; smong variont hevi regulatitiris, contains the fol lowing t.—" Wherallt free skips snake free goods; no vessel beleriging tb a neutral er friendly Peirce ttatt he detained, to whomsocier the cargo may belong, provided thd ship's papers are found to be nod, and the vessel is not laden with contraband tit tear for Etigland, or is not in other respects et suspicious character. On the cotitrary, if the ship be not free, it folleats is a consequence that the cargo is not free." Th last 1 from Go ADALOOPE.-- _arrival ihds has brought some particulars connected With the capture of Guadeloupe; the nature of which is both a subject of surprise and regret. It is stated the GO:itte E±traor'diffary on the 16th tilt. that ,4 the Grenadier Cotopanied of the 2d and 4th Battalions of the 60th Regiment, iintwith: standing every etertion of their gallant Officers; did not condtiet themselves to the satisfaction of general liancou af.'"the following statement Is due to the British ()Ricers who had the coma mind of these men, and to the siatilte British troops engaged in that service :—The companies alluded to, it is said, positively deserted their Of. fifer (Cape. Mittman), at a moment when, the most decisitre opportunity presented itself of ever. ‘vheitiving that part of the enemy's forte to which they *ere opposed. to account for this singular fact, it is staled that the grenadiers of the 60th arc not British, but are principally fnreliners. It it eerlsinly proper, that ih gieing the following Divisional Arlie's, doing justice to the British . Olken, this het should he made knelled. DIVISIONAL ORO:Mk heights introit's of Delmer, Coadahnte. tell: 5, 1510. Tl:•igsolirr-Several NIA itelleitssissites tattiest oppor -rate his &ley has petstint4 Matt, of espressing hit perfect I.4foraetioo id Hie going raodart of on the troops engaged so those heights as the 1.1 loos* ; bet bh frets it parti4 elmrly requisite to Wort his adislestlebof the gallantry displayed' IN) the grenadier nottglaey of the 41" teghlirin; and the cool and nearly eenduer at taw rib e4eauedire of th e IthYtd 'Rea India Rangers. Is is 'Word. laR iodbpestable, to "mark. nest the greoodlei esospeskil Odle Simi 4th WIN. uses of tote 6thh regiment, ORO a Mor l i7itit rzetletio• ' 4O Ise istsetattue eetaeed he.she Yet of the Imps ; bet it h doe lei the (Akers Of throe rempsaies he add: that Ott Mk nen ithedersols sibliklio Pamir, to truest--those of the 4th bitttallns of grenadier* having bets obliged 10 resew Ir"Sollett 1 sad Captain ilesrian. enenonnottlei the Deno- Clefs of the Rk MO% ( 111 , 61 71 4 a yitit, was • skill, shirts Mine bins to every praise." - T• - •. - •,1, , _ `iFiiiiiihivitalwE sr f rztotot 1 t sti4 . •-viseictie Nl* - GALE Jorrei and %Sit deito . 4 i s Fluters ltrr W4l* -awfully committed to prises' by the _Sraix::A's *arrant, is a question OA& first receive A solemn decision. If the noun or Commons li not entitled to exerclie this authority, it Oust be restrained by the judgmehti of the Courts of Lair ;.--if, on the other hand• l ' it is entitled to it, this power must be so explicitly acknowledged and troclaimcd, that the penple may avoid etpoking themselves to the resentment of the House. 1 bare always considered the House of Commons as entitled to punish summarily 1 every act •*hich immediately impeded their pro. ceedings. Such an act is .a breach of privilege, 1 and a contempt. The discharge of their func. tionS requires that it should be instantly pu. nished ; but wherever the offence does not ire. niediately impede their proceedings, it is an of. fence at the .common law, and can, with equal convenience, be examined and punished 'in the Courts of Law; there the House of Commons must send the matter complained of to the Courts of Law. In a former letter, I mentioned the case of Mr. JOllll STOCILDALV., where the late Mr. PITT laid down this doctrine. In * case which happen. ed a little before that of Mr. JOIIN STOCEDALE ) on a complaint of a Breach of Privilege, by a publication, pending the proceedings against Sir ELIJAH Impair, Lord GRENVILLE, then a Mem. ber of the House of Commons, held the same opi. nion, and he endeavoured to- account for the House of Commons having sometimes proceeded summarily, where they ought to have sent the subject to be inquired into in a Court of Law, from the following circumstance:...." While the King granted Commissions to the Judges quamdin sibi placueril, the House was afraid- of trusting their Privileges to the examination of the Judges; for the questions in dispute were most commonly relative to the Prerogatives of the Crown, .and they feared the influence of the Crown over Judges, removable at the King's pleasure. But now that the King grants Commissions to the Judges qnamdin se bene gesserint, that ground of apprehension is at an end: The House of Commons onght therefore, said Lord GRENVILLE, never to attempt to oust the common law of its jurisdiction. A doctrine - has sometimes been advanced, and incautiously as. settled to by Judges, that the Courts of Law have no authority to' examine the claims of Privi. lege made by the House of Commons. But this doctrine cannot be supported—the law of Parlia ment is parcel of the Law of England; so is the Ecclesiastical Law. While the Ecclesiastical Court is examining and deciding on a subject eognbable by the Ecclesiastical Law, even though the Court should proceed erroneously, and mistake the Law, the Courts at Westminster will not interfere. But whenever the ? Ecclesiastieal Court exceeds the limits of the jurisdiction assigned to it, even though it should be doing the *cry act which the Law of England prescribes, the Courts of Common Law 'will interpose, and prohibit its proceedings. Thus, the Law of England directs an Intestateis estate to be distributed among his next of kin: yet, If the Ecclesiastical Court were to attempt to en. fora this distribution, although 'they were making the distribittion in the lame manner as the Court of Chancery Would direct, the Courts of Law would grant a prohibition, for the Eccle. siastical Court cannot enforce a treat. The same principle must be applicable to every tribunal which exercised a limited authority. The House of Commons, like the Ecclesiastic:li Court, must be presumed to be acting correctly ; but when the facts stated prole to the Court of Common Law that the House of Comntotis hat exceeded Hi su. thority, the Court of Common Law will set adide its proceedings. This doctrine was deer!) , laid !laird by Lard Chief JustiCe Ilot,T, in the case of the QUEEN v. PAT?, and others ; and is to be found in Lord HOLT'S Reports, page b2ti. It is stated with so much accuracy, that' I think I shall be excused if I trausCribe it from the Book, verbatim : *an gear., v. !Ate' INN A I.' 9 ANN. On a writ of Habeas Cimino, the Defendants, who had been committed to Niwgate by the House of Commons, were brought into Court; and the cause of their kommitment was Myrna 4 to be, for having celmosetterd and proseented an at tires at la* *inn the Constables of Allesbory, for refining the* votes in the election of Members of Portia:blew, in con tempt of the strisdictieit, and breach of the Privileges of the House of Cosentino. The Cabaret fbr the Defendants prdy ed that they Might be discharged for several reasons; end for that they hid done ao MilaWfal act, &e: let three bf the' -.fudges opposed it, and said, that the Rotor if Commons were the prop** judges of their own privileges ; t ge . HOLT, Chief J astice.—" I ea of opinitsa, that the prase cosiest of If* suit Is lawfol, nod no *each of the privilege of that Home I nor can their judgment lanke It so, or coo elide this Court front detenstifoot contrary; ond when the Wow of Commons exceed then' legal bottotb and authority, shelf acts are wrongful, and enanit beJtatilled more than the sew of private melt. There is no gentian bat their authority is twins the law, and at it Is eirctubscribed, to it may be ex ceeded: If we should my, they are Judges of their ptlni lege and their own authority, and Nobody else, tisat would make tbeit privile g es at they wseld have them: In such case, if there be a smooth' impriestreit by the House of Commons. what Court shall deliver the party f Shall we *ea say, there is no redress? aid that we are not able toente• este theme laws, en which the Llbertg of the Subject &- pee& It is tree, all Codas kw a far 'edges of their ewe _ .; F. STATigiM Sri. „e_ i‘eis; ifm.kt r • .I..';v '•;- • 17. ; -777-7 111saliadii14;hna7iicias1 7-77 41 atbet -7:7 any Court . ve every Je ri:tuition; iv t,, iatrodaews. ants et nifisiaa, by ening every man a Judge is bio owe cause." It was Weida ;boat. Wbefin 'Writ Of arise lap spina jadgment Oven an a Mad& coins? raison amnion she Hone of Lards, wbere It oceasiosed great &bans itL4l4Oll l the two Moises at Parinuneat ; bit the Pa: fission befog. I toss alter prnrossed. tie dispate was driansi et Lord Chief Justice HOLT was in . 111 . 441flOrity. and the final decision was pre ictited by a proroga. Lion of the Parliament : but, at this day, I be. Heirs that there is baton. opinion of the Profession apon the Subject, via: that the doctrine of Lord Chief Justice; Hoc} was Behind law. In legal knowledge, strict integrity, and the firmest eau. rage, no Chief justice of England ever'surpaised Sir Jolts HOLT. To say that the House of Car : mons is alone to judge of the extant of ittown . pri. vileges and powers, would neceesatily leid is hied the grossest absurdities. ' ForMerly the property of the .Member of the House of Commons *al exempted froth being taken in execution i this pri. vilego *as abolished by Act of Parliament, (hiring the reign of his present Maiawri`. Let us sup. pose that a Sheriff's Officer was summoned before the House, for selling the goods of a Member of the House of Commons, under a writ of fieri facial; and that the Houie voted this tri• be a breaCh of privilege, and committed the Sheriff's °Meek to Newgate ; if nothing more appeared in the order of commitment, save only that the Sheriff's offf. car was committed for a breach of privilege, per. haps the Court of Law could not afford relief. But if the facts were stated in the order of commit. ment, viz. "'That the Sheriff's officer had sold the goods of a Member of the House ander a writ of fieri fucks, which act was a breach of the pri. vileges of the Hauge, and that the party was thereupon committed," is it possible that, upon such an Order being returned with the Habeas Corpus, the Court of Law could hesitate sue ment . on setting the prisoner at large ? If the Court did not set the prisoner at large, the House of Commons would have exercised the power of repealing an Act of Parliament by its own sole authority. VEIANIUS. 2rizlN • I I••• 1 • I. I. I In=2 . SIR FRANCIS BURDETT. • We understand that Mr. Sherif( Woo . i !polio to the following effect, after Mr. W•UTIIKAN had heft the chair, on Thormlity night, sod when our Reporter had left the rooin.—He said, That - on receiving d letter from Sir Francis Burdett, on Sa.. turday, he immediately proceeded to the Worthy Baronet's house. Upon arriving there he ordered the army , to withdraw from before the Worthy Ba. , roost's door ; and the Officers instantly conformed to his order.—As to the people, bo felt emalident,i that be himself alone could have dispersed them, without any poste 'cosaitotets. Feeling it his duty, and being also of opinion, as he had nu hesitation in stating, that the Speaker's Warrant was idle. gal, he offered to stint at. Sir Francis Burdett's. house on Saturday night, aritlka view to, protect the Honourable Baronet's lakkation, but that was thought unnecessary. He, however,, turned with his Colleague to Piccadilly on Sunday morning, and again found the- Guards with en' Officer, not so very well disposed to conform to his orders as he who commanded eo the preceding evening. He applied to the two Civil Migistrates whom he found them and they thought proper to say, that, if the people did not disperse, they would order the troops to charge. This threat, howeter, was nit axecteado for he rimptly told theta Magistrates, that if they attempted to issue such an order, and any death ensued, ho would in dict them for murder.—[Load applauses, and a &sr of Name 177- 7 --Turtheri he pre. vented those Magistrates from lending out placards deacribiitg the people as felons, &c. whirl placards he found at the Gloucester Coffee-hottie ready for circulation. But his interference prevented thoie papers from going forth, which he could not help considering as improper, and likely to lead to muck misehief.—lThe cry of Name ! Name ! wis again revived with increased eagerness; but the Worthy Sheriff did not comply with the do: site of the Meeting]. He conclbtled wish de claring his resolution to persevere in the line of conduct which obtained him the approbation of so respectable a proportion of his fellow-citi. sens. •. SENTigtiIITAL ASECDOTC—[Front a Swedish Paper.]--A circumstance has recently taken place at Fahlun, the capital of Dalecarlia, in Sweden, which Might figure with ddvantage in a novel. In working to establish a new communication be. tweet' two shafts of a mine; the body of a miner Was discovered id a state cif perfect preservation, and impregnated with vitriolic water. The body was quite soft. but herdened on being exposed to the air. No one could identify the individual ;it was only tecollected that the accident by which ie had beets thus buried in thh bosom of the earth had taken place 50 years ;go. AU inquiries as to theisme of the sufferer had already ceased, when idecrepid old woman, leading on crutches; slOwly mWvanced towards the corpse, gild knew it to be that of a young man, to which she had been pro. mired in marriage half a century ago. She threw herself on the corpse, whom had all the appear. a n e e of bronze statue, bathed it with her tears, and fainted with joy at having once more beheld the object of her affections on this side Of the Crave. It is easier to conceive than to trace the singular contrast affotded by . that couple ; the one buried 50 years ago, still answering all the appearances of youth, while the other, weighed down by age, evinced all the filmic, of youthful love. . _.,,~- , A~: .{ ~ , .1 - a . BRITANNIA'S - riptits: - . :iii iiii i elLAir TILISUTII le TN i iiiliOlit 0* Slit 1 : a , ...' : ;', , SATZ i1.L113T1110133 vi , .. '. ' T " ..kiiiividiiiriti CUT Ith ERT Lord 6OLLIS4IiOIMir Ais.7no ouncsi,lBlo: ''...‘• • . t " Noil sirk.—irie PATRIA Illltit !" Peace to the rnem'ry of the valiant dead— ' A grateful Land nutcases 'their sleep* fame. Entwines new chaplets rigid eech hcislearll head; And consecrates With tetra each Mlle: Oa dark TAifidgeiii laien (to Hribikei Aear) resiga'd life's latest if:entering breath! While nervy , graced her Hero's blond-Milked bier vireatli'd fresh lanrels mind the iamb of Dsith: *braids hied spirit wig ght its native sk4s . , Awl *mei! no Glory's seraph-wings to Reergh; Rissteilew teal for Ceolpiest's starry pulse; 'By Fate's decree tit Coia.inowteon waggish; Ectswi they; who wak'd a Propiressiire, . Faith's mantle caught frail virile? tight Mendel *ben blest tioiie up 10e; • Rose 'midst the recrsdjesiibilitintlibi GOD ! • tailitx Britain Swept o'er tomb; Her Mighty siorney pea. 14 id in tears her verdiat billet!' Mimeo; .. • And Albino manna, brat! COLLIIIOWOOD, for tbae; •• -Like higi 'liras thine a deallilei ranee ta.eive *lessee". Oritiniiia's red-miss banner's Ay Like iiine; 'two thine to teach is hogi.lo-1141g • • And, ah! boo earig; teach as ha*. to Rol I.4lofehtea ! though Of Finery circles round thy day-cold WS/ • v in Life by Faiglind wept in death; • Wadi* happinessairaits ease low ! * -4,- - - y ihall the cypressweep; '' ' ' ► While eggs suit-iniuns gild the hallo W'd ": • • . , Where the pale Clileßain's merest ashes sleep, r . • • ' - And deathless 'much there immortal bloom." ") " 7 • Trafalgar's rocke—Si. hip s hes Shall shield thy meat'ry from Oblivioti'li rage; ~a t . Transmit thy Fame; till Time shill tie no more, • On faithful History's recording page. . - • • • • Thy piouitinst in ffeaieis supreme decree. A * Now meets reward in Realms beyond the gritie; Thy glorious Triutnphi on the billaviy soap • • Shall fit thy Fame amongst the British Braye.. Snatch'd hence by Htit,who Wilt thisepaCinar Earth,• whose arm; all powerfdlj fouit'ci the vaulted Sky— On those dear, sea-gift Omni that gave Thee birth, The name of CoLtalitivroOn shall never die l" ..Igrff, ma. • TRAFALGARiUS. ' ' CO/ifiNjat'S./Vl2Uldrinil4S: IitEDGE. , TO MI El!Whitt OF Si one of the Jury chit little inVes.... tigete the cause of the death Of the unfortunate yoeug matt, James Pledge; Who Was shot by a Life Guardiman, in Cheich:passege; St. James's, I feel myself much hurt by what is reported in the newspapers as having taken plait irt the Honour.; able Hoede of Commons last night. It has been dtated that Mr. Secretary IRydet said,. that at" the time this yaw% man was- killed; there wai a riot Ibt that' iert Voort; end that the soldiery were assailed with stones and brick 4; add bred at With pistols. What then must the Howie and the Coen" try think.of a Jury thist caeld retern a verdict of Wilful Murder against the man that Shot the de. ceased.; if each were the elretshistaricei of the ease t. i•But, in fact; *shad evidence before tis, on With, to Oita a contrary effect, Which the copy of the Inquest, if laid before tit* ilosige; will prove, Year's, JOHN TILLORCIOIt: April 19, No:3, Totailkitreit, Cstunktcs:—Some resolutions tette adopted by the Catholics of the County, Of Tipperarlt, at ' a Meeting held on the 31st of March, which - Oa:: preis a strung &Sire to obviate the that hive Britten id the discossien of tho Catholic claims. After adverting to the appreheoshins entertained (which they eotiiider at the only remaining obsia do to Catholic freedom) =ill the future appoint !tents of Catholic Prelates maybe liable to a Co. reign iniltienee l the second R.esolUtlon.states-.. a That althistlgh we Madder Arch dppreiMasions m Wholly groundless; dad contrary to lung experience of the ackanw 'mtg. ed virtues and unimpeachable good conduct of our Prelates, yet; being earnestly desirous to conciliate all our Protestant countrymen, we every wish and hope, that tbdse appre hensions may be altogether obviated; aid," . for that porpowe that some temperate measures may; in the event of Cdttiolic Emancipatiiin, be Ono matbre deliberation deviled, 'which shall render such Ware electionssabstantially &mem is I either bx the votes of t he suiliviag Prelates, or by the choice of the Clergy of the Diocese in Chapter assenibled, fir by ccell ether proceeding in, shall be found compatible with Catholic Doc uine.". • UniEt,...::Cln Thursday a duel was fought in Hackney-fields, between two Gentlemen residing in that neighbourhood, the oheen eminent Hock. broker, and the other * junior praiser in a, tier: cantile house, in . consequence.of a dispute which originated on the preceding day at the hew" of e friend. The parties, after exchanging ahots, iu which one of them was slightly wounded in tho •shouldrr, were interrupted by their seconds, and a reconciliation took place. , The Woman who we stated a few 4ays since tits held to' bail, to .keep tins peace tower& Mr. M: P. for'annoying him, as he went in and out of the bottle of Commons, and at his own house, its ecinseqnenee of her. having hail a child by him, and alleging that he owed herveloo for bringing it" op, did not attend to the recogni. tante Slid had entered-into, hut hat slime perseed the same course. and has beset Mr. W. and . after him opprobrioal odmes, paying Ached eheatedt her out of.e100; in consequence otwitich she was taken lite custody again by Lavender, and brunet before Mr. Nares, who ordered her to find bail. She Was then taken to the Brown Bear Public,. house, and while sitting in the parlour, in a fit of desperation, stabbed , herself with a penknit.,. Mr. Retard, the landlord,very humanely sent ie.. mediately for Mr; Cute the Surgeon, who sad; , that the knife had enter& jest above her navel s hat it having gone-in - a slanting dieectiote,.. the wound would not prove fatal nor daagetolon, was accordingly conveggil to Tothiii-fi44 wall, for Want of bail. .. - .--~ •• • i