The Statesman. — London, England, 1810-04-03 00:00:00

• ~' ... _~' To the ELECTORS of WESTMINSTER. " What is this mysterious power, undefined by Law—un " known to the Subject, which we mast not approach " without awe, nor speak of without reverence t which " no man may question, and to which all men must submit ?" —Lord CHATHAM'S Speech 10 1770, on the privilege ex ercised by the Commons to die ease of Wilkes. GENTLEINEN—When the stomach has been ren. derail squeamish by a satiety of delicacies, a course of plain solid food will sometimes best restore it to its vigour. It is thus with air pOlitical palate, which, vitiated by . a long indulgence in the high seasoned entrometr of courtly adulation', must now have its tone restored by a good wholesome constitutional joint ; such as forty years ago was seen at the best tables, which men then cat with. out makinglaces, and which kept them hale and hearty. It is a treat of this diet which I now wish to serve up to the Public, and when they have tasted it, they will see, with surprise, how mneh, in a very short time, their appetite has al. tered. I will not recur , for a light of this old fashion to the anonymous meteor which scorched the Duke of GRA ETON, and almost singed " ROYALTY ;" but I wilt look for it in a high recognized Consti. tetional Authority, in the immortal remains of the greatest Patriot and Statesman that England, in all her history, has produced.--I mean the il. instrious Earl of hive doubt. less, all of you, Gentlemen, perused the Address of your patriotic Representative, and read with attention and deepieterest kit elaborate research into Parliamentary preeedents,iwith his unanswer. ed and unanswerable argumentdeduced from them and Preen the land-marks of the Constitution, in defence of the liberties of the lbsople of Eugland, whom the House of Commons claims the yaivt. LEGE of locking up during its pfeature.—By some of the Gentlemen of the Honourable Rouse, this appeal of Sir F. Bennett to his Constituents has been called a libel. It seriously offended ethers, alarmed several, and of one in particular, it is said to have "frozen his young blood," made " his knotty and combined locks to part, and 46 each particular hair to stand on end, like " quills upon the fruitful porcupine,!" But, un. til the Honourable liptise has really voted-it to be a libel, we may , safely discuss it in print, and may meet it with, our dent or our approbation', as it may merit either.'" And you, its particular, Elec. tors of Weaminster, his Constituents, either be. fore or after such vote, hfol3 a right, and are even called upon to mark it solemnly and publicly with your censure or your sanction. 'This is a duty which you Poem conspromise—To you it is ad. dressed—to your good sense it is referred—and ' the interest, nay, the very WERT T of every man in England is involved in tit!' consideration which you may give it ! Gentlemen, if the WOll4O vf Commons is not constitutionally invested with the power which it has claimed, and which it has exercised—if it is nut constitutionally girded with this tword, with which it guards itself (for Vie a misnomer to call it by the name of privilege), then your worthy Representative has not libelled or attacked its pricile*e ; since it is quite clear, that if these Gentlemen have no such privilege; he cannot have attacked it,. That they really have such privilege.' they have not yet even themselves at'. firmed, althottgle they bare been two nights con..• tittering the subject. It iv perhaps fair, and aer. • tainly candid, then, to infer, that the Honourable Gentlemen are scandalized (I allude to iudividuals only, as we do not yet knovi the opinion of the Ilouse, or majority), not so much by the duc.' trine, as at the bold 'and obsolete language is which it is conveyed. By the ene or the *that, the offence mesChave been given. There is proverbially, as well as is fact, no disputing about tastes, and some of the passages to which individuals object, may appear to me,. sail to others, amongst the best in the Pamphlet : " Resistance," for example, if Sir F. BURDETT. bad not qualified it with the epithet 66 legal," . ' wonld not of cooseciasence have conveyed a tents. meet and exhortation either illegal or unconstitu. !tonal. RESISTANCE, in certain eases, is the un doubted doctrine, because it has been the clear' practice of the British Constitution ; whose ex. • oellence, nay, existence; have even directly arisen out of the very act; and there are as good pre-• cedents, however Lawyers may built them; for Resistance against Tyranny; withers ore for any other Constitutional deelvion. Did not that very body, which now etercemes the privilege of ins. prisoning the pee* of England, once set up the standard of Resistance against the King of Fug. local, because-he was a Tyrant ? And is tie: King of England to be treated in a way in which we dare not presume to talk even of treating a res.. lution of one Representative', should such IMF unfortunately hippen to by Mega/ r—With-ee. sped to the expressions, " tricked out in the trappings of Royalty," hey are obviously meta- phorical and figurative; for this plain reason, that they cannot be any thing else. Personally anti substantially speaking, the honourable Members, as every body knows, have no particular dress or s, trappings, anti Inver have arrog ated-any. It is, . therefore, absurd to impute suc meaning to Sir F. BURDETT. The expressions then, are but a figure of language, which might, indeed, have; been omitted, because they add nothing to the argument, yet are not mere expletives, becauset they raise and carom the idea, or the picture, tot the imagination. They, as Lonotetts woulcC say, " amplify and aggravate;" they enforce the impression—but they affirm no fact. Some little allusion there sweeties* Mast have been, or your eloquent Represeatadve woild probably not have used them ; and when. tide Indeed corw eiders that the KING is the gati constitutional, fountain of Justice, which is Ms most hotteurible . prerogative—and when one see* the Gentle:ls& of the House'of Comm Ons dipping their. mace into it, assuming even in a case 'of criminal charge, (which is peculiarly the King's) original jurisdic lien, mesna process and warrant of execution, all in their own name, and not in the King's, it may be a ithout doubt a fair question of criticism in this view of the words, how far the imputation is overstrained, which metaphorically 66 tricks ,TESMAN. . • THE ST • / • them met in th e trappings of :Royalty," after they have assented its prerogatives ; but it Surely never can be a charge of crime apinit Sir F. BUR, DETT, that after they have invested themselves with the authority, he has given them the " CIS. etinte ;" nor that when they have seized the sub stance,. ho should have followed them with the shadow. After, then, this merely impartial construction of the expressions of Sir F. BURDETT, let Ds now turn to the illustrious. Earl of CHATHAM. Let us hear what he said anirmaintaiteed.; let us read his doctrine and his expressions, uttered under the same roof, and we shall then find, whether your worthy Representative is beyond GOOD precedent, unmeasured and turbulent, or whether the age has become timid and temporizing ; whether we have not stepped back from the spirit of our fore. fathers, -whilst he has stood still.—lfere then fol low the words of the illustrious Lord CHATHAM, and I call upon these who have servilely bowed for so many years to the authority of his son—in particular, we may call upon the present Minis. ters, who. are but the mutilated hands and feet, . the Angers and toes of his political figure, to defer 10 them with veneration. Mr. PiTT'll Speech on WILNEs's este of• Privi. • . I legep763, , in the House of Commons :-. " Ths dignity the honour of Parliament, bad been called illims Niliatortiond protect the purity:of his Majftty's cha racters: ibis they had done, by a strong and decisive con demnathe:of the libel, which his Majesty had submitted to the colielimmtioartf the House. But having done this, It was .neither finosistetit with the homer and sofa, of Parliament, nor with the rights and interests of the people, to go use step farther. The rod belonged le the Courts below." 'Again, in the House of Peers, ott a motion for the Add-ress, Lord CHATHAM says— , . . " In sly judgment, my Lords, and I speak it !mildly, it were better for the people to perish in ; glorious contentloo for their rights, than In purchase a ;lavish tranquillity at the expertee of a single iota.' And further, in the same debate, in reply to .Lord Mansfield : " The constitution of this country has beetrupptdx itismied in fact; and L have heard, with horror and agnagse. ot,that very invasion defended upon principle. What hi tibia myste rious power undefined by lass , unknowii to Ste subject, a iiich we must not approach withiatt awe, nor speak of ahout reverence, which no man may tinesties, and to which a fl mere must submit? M. Livils, I thought the slavish doctrine of pas.ive obedience had long since been exploded : and. when tow Kings were obl iged to codes+ that their title to the crown said the rule of the i r government, had no other foundation Shall the known laws of the land, I never expected to hear a divine right. or a divine infallibility, attributed toany other ,branch of the legislature. My Lords, I beg to be under mid. no man respeeo the Hoew of Commons mote than I LLor would contend more strenuously than I would. to pre them their just ar4 legal authority. Within the hum& prescribed by the constitution, that authority is ne ueslary to the well-ben; of the people: beyond that line *pry exertion of power is arbitrary, is illegal; it threatens I/foam to the people , and destruction to the State. Power ebillemt right is the mast oft taus and detestable object that can b• diked to the human imagination: it is 1101 only pernicious' to Sheer who are subject to it, Init tends to its own destruc tion. It is what my Noble Friend (Lord Lyttleton) has truly described it, Res detestaiilis et Cadgers. My Lords, I acknowledge the tust power, and reverence the constitution of the House of Loinnions. his for their own sakes , that I wouht prevent their assuming a 'po wet which the Constitution has denied them, lest, by grasping at an authority they nave l no right to, they shoul d-forfert th at which they legairy lina• stn. My Lords, I affirm that they have hetraYed their co*' stituesits, and violated the Constitution. Under pretence of declaring the law, they have made a law, and united in the ns dune persd the office of legislator and o f judge." The same Patriot addy, --- - - " - The Noble Lard assures us, that he. knows not in what code the. law of Parliament is to be foetal; that the House of Cominow. when they act as ,judges. have no law to di rect them but their own wialoin ; that their decision is law ; and if tney determine arong, the ..mbiect has no ap al bet to Heaves. What to mmy Lords, ere nil the af c4 forts or our antwnore--gare all those glariote ' by which they meant to secure to themselves, and to I t to their posterity a known law, a certain rule of firing; re duced-to this cenclusive, that instead of the arbitrary power of a King,• we must submit to the arbitrary power of a House of Commons? If this be true, what benefit do tye derive from the etchenge ? Tyranny, my Lora', is detestable. in every shape, but in none so formidable as where it is assumed end exercised by a number of tyrants. But, my Lords, this is nut the fact, this is not the Constitutit , s ; we have a tow of Pasliament, we Amu a code, hi which every honest man may end it. We have Magna Charts, we have the Stetute Book, and skill!! of Rights." He adds, . si That when the People choose their representatives, they , never mean to convey to them a power of invading their rights, or trampling upon the liberties of these whom they represent. What security would they have fur their right;, if once they admitted that a Court of Judicature might de !ermine every question that came before it, not b!, any lumpy positive law. bat by the vague, indeterminate, arbitrary rule, of whit the Noble Lord is pleased to call the ;Vinton of Ms Court r . " My Lords, the Constitution is not a vague or loose ex premien ; we all know what it is; that the first principle of it is, that the subject shall not be goverued by the sieltieeiain of one man, or body of asen (km than the whole Legislature) bat by certain Laws. to which he has virtually given his can oeist. which are open to him to examine, and not beyond his ability to undentaad. " TUE CONSTITUTtOtt AT THIS aostgee STANDS VlO - tient tkat wound he healed, until the grievance be redeemed, it is in vain to recommot; union to Parliament, in tail to promote concord among the people. If we, mead se riatuly in unite the nation within itself, we must convince them that their cornplaiuts are regarded, and that their in- quiriesshalt he endeened. On that foundation I would talte . l I the Woe is Ilicammending peace and harmony to the people. Oa any either, I woad never wish to see them united 'pia.. i If sheirettch Id the Constitution he effectually repaired. tht will of themselves return to a state of tranquillity. OAT DISCORD PREVAIL eon EVER. I ittlqW to behalf point this doetrioe and this language will appear di -I eft* Bet I feel the principles of au Englishman, and I steer them trishaw sppsebenelou or reserve. The crisis is in- d e w gianslig :-..50 ouch the tore does It resptiretepewdros ed tin part of Government. If the Mines ser vitor:4i it a asestiostional question to be decided r* hig to the forms, and on the principles of the ateidletioa, ft mail then be decided in some other illenner ; I and rather thats it should be given up,. rather than the nation should surrender their birth-right to a despotic Minister, I hope, my Lords, oltt as I am, I shalt see the question brought to hate, and fairly tried between the Peppte and the Aietuta- On the Duke of Rtzuwoun's Motion for re scinding the Resolution of the House respecting the Middlesex Elc:ction, this' Nobleman warmly defended the Magistrates in the discharge of their duty ; he said, that • , " The House, in committing them to prison without hear ing their defence upon the•point of privilege, bad been guilty of a grms and palpable act of tyrsin that they bad beard the prostfteted Electors of Shorvisain defence of an agree ment Open a borough by auction, and bad refused to hear the Lord Mayor of London in defence of the laws of Eng land ; that their expunging, by . force ' the entry of a recur = Meow, Was the stet of a 'snob. trot ara, Parliament that their debug to aussine a power of stripphsg all prosecutions by, heir veer, struck at once at the *hole spite 9f.lbe laud" nit Lordship concluded by saying, • " That there remised bet one possible remedy for thb disorders with laihicti the Government of this couatry was enivensilly infected ; that to save the name and lestitutioirof Parliament from contempt, this House of Cosonsnas Must bi 'dissolved." • After having perused these passages, Gentlemen, yon will come better prepaceti to judge, whether lite expressions of Sir F. llonortv art: not even feeble compared with the language of the Earl of • , ' 1411.aist est, tied Whether they merit yotir ettitade or your reprobation. • To say that the one represents words spoktftattd , the other is a letter s is making a distinction withoet a difference; for Lord CHATHAM'S speeches were duly printed and published ; nor was their legality ever questioned. There are also nearly c.ontem porary with these speeches, addresses from the City of London, and from other places, and pe titions even to the Kure, couched in language , more vehement than that which I have transcribed from Lord CHATHAM. On reading these on the one hand, and in referring to the delicately fasd. dious political taste of the day on the other, one cannot avoid haviog the sort of feeling of self. abasement which one may suppose any dwindled race of mankind to have, when they dig up the ancient skeletons of former men on their own ground, and find them to have been eight or nine feet high. One hasty reflection more only at part. ing. If the gentlemen of the House of Cqminons shush' resolve that they possess, and will exercise, the PRIVILEGE which we CODlCiidGgiliiiiit, With what enforced importance is the question of Parliamen tary Reform struck home to 'every bosom, since our liberties will then depend, nut upon the laws, but upon the pleasure of individuals, chosen py us, or sent fur us, to represent our grievances; for tittering which, or . questioning, uncourtly terms, any thing that we shall think such, we may be sent by these vcry,satine gentlemen, our advo ciAes and protectors, to Newgitef!! I am, Gentlemen, With truth and respect, yones, J. C. WORTHINGTON. 7, Little Ryder-street, St. James's, March :sti. 1.1110- Ti the EDITOR of DIE STATESMAN. -.-.~.+i SlR,—Upon reading•the• speech of Mr. Whit. bread, as reported in your Paper of Thursday last, t was not a little surprised when perusing that part of it wherein he says, 44 ►Mr. Gale Jones made a respectful apology at the Bar," and to which it appears there was a cry of 46 No, no!" How any Gentleman who really was present on that evening could deny that the apology was re spectful, lam at a loss to divine. I think it might have been stated, with equal propriety, that he made no apology at all. .Let me quote his own words, and the disrespect, if any, will then be obviuus: " Upon reflection, however, and after revising the Paper, I feel conscious that in this instance I have erred; I have, therefore, only humbly to throw myself on the mercy and in dulgence of this Honourable House of Coatroom, for • which, as a part of our excelkot Constittitinp, I have ever telt the must unfeigned vetaeralien and regsr4" Such was the language of the incarcerated indi vidual, now the victim of personal animosity ; but such would not Have been the language of that or any other individual in a similar situation, if he could for a moment have supposed that a respectful submission to the dignity of a third branch of the Constitution of his Country was a eriteriun of guilt, and the means of depriving him of that liberty purchased by the blood of his an cestors. Such was the respect with which Mr. .10 . 1101 treat Al the House of Commons, and such is his present fate. The former, every man who knows him views as the uniform characteristic of his conduct,.but 0%1 hearing the latter, I confess mg hair rived at an end.- This may, Sir,'Wite your risibility, but 1 can assure you, it had that effect upon,vee.—You es, respectfully. , 41, - VEKITAS. SURREY ASSIZES. hIN GSTON, M Aiwa &I • CHAR.Gg OF mtin.DEa: Wm. Vincent was indicted for the wilful mur der of Wm. Liey, at Chertsey, ,by giving him se. 'feral blows, of which he died. • • The prisoner at the bar was a 'butcher, 'riding at Chertsey, and the deceased a chaise-driver to an inn in the same place. Mr. Gunnel, as Counsel for the prosecution, stated the facts as follows :—That the deceased, on the 9th of August lust, went out with some fands, for the purpobt of being married to a young woman, but owing to an informality in publishing the banns, the marriage did not take 'place. • The party came hack to Chertsey, and were spending their evening together, when they were interrupted by a brick being thrown against the door of the hOuse where they were sitting ; on going out to soothe occasion of this disturbance, theytaw the prisoner, and it was aupnosed he had done it. An altercation took place, which, how. exert subsided, and it was supposed there was an end to it. But he *should call evidlence to show that the prisoner nourished a disposition of re. venge ; for on the deceased going to his work the next morning, he found the prisoner on the road, who declared he hid been irsiting two hours for him, and ehallekitl hint . 10 Alert: Thit•doanased replied, he should have no altercation with him, and attempted to pass on. but the prisoner first gave him a slight blow on the face,. no. doubt with a view of provokingisim to fight ; but finding the deceased would/ nut enter into personal contest el,h him, he followed it up by givihg him a vio kfit blinv on the head, and another on the ribs, which almost bent him double. He lauguis.htni for three days, and then died ; and oneisminatioa of bis body it was found that one of his ribs was broken. Ile must, however, admit, that'thc me 'dice, man had declared, that this alone was not suf ficient cause of his death. lie should , alsti Show, - that af:.?r the prisoner had done this violence to the 'deceased, he went about boasting of what he had done, saying 46 I have tucked it into Mr. Q•liddy," meaning the deceased, who generally, had a ottitl.of tobacco in his mouth. vt• The brother of the domed .Vras called to, prole the altercation which took place previous tri the morniai a g when . the prisoner. assaulted the deceased. On cross-elamitiation,, he denied that the•prisoner haul. been Intact' by his brother an!) others ;,, bit! refusing to answer stone °Bier pea. tions, . he was committed ,by -the Judge" for a coo tempt. • A witness named Lee was called to prove the as. sault on the morniug of the 9th but he also . . - ' • 7711Progii •.• the deceased. Wanhde(ni 14141 neighbouring Gelds, and did not wait with th e d prou d that the prisoner was at 14 4 i n sob e pm. g N w h it had• passed the night before, he asked hi m if 4 s s i o g n n er o fi f n in t t a e c re c e os pi te in d g the deceased, inane would then do what he had threatened last • t. e N at ? the deceased declined fi ghting, and the pea lom i t struck him, as above described. The Surgeon deposed, that the blows w ere 0 sufficient to have caused the death ; but the de. Ceased was also very intemperate, in consequence. The Jury found th&prisoner—Not Guilt l . ' John Clarke was indicted for the wilful ta ar d e i - of William Colville, by striking him oa the head with a brick. The prisoner was a young lad, living la a' then's-court, Stoney-street, Borough, w h ere ' the deceased also lived, who was a cooper. 0 4 . iiii 27th September, the children of the deceased "e ra • getting some water at the pump, and the prisoner wantonly dined it. The deceased came out ski threw some water out of the pail upon the p r i. scouter, who immediately snatched up a p i ece of brick, and throw it at this deceased ; it hit hiin 04 the back of the head, and' the wound bled very much ; it however got well, and the decease,' went to his businestt. The Surgeon sail, on 0, 1 Ist of October following lie observed the deett,ca to he worse in his•mind, which continued c a i n.. crease until the 17th of Docemhor, when he %r ut to G u y's I[owitat, where he died'.. On opening the head, there was a compression on the brain, but whether it arose from a recent injury or Ike, the Surgeon said he was incapable of prounua c i al. —Not•Guittli. George lirchard was , indicted for tittering s forged cheeque on thewe house st amerth,flia, rinotantheeicnoluCwo.t7 Bankers., at Croydon, parportitig to be Ilrtri Kent. by of lr N 'h iineettY of risoner at the bar orrsont e d,h, chectpie in question at Messrs. Harman and Cu.', at Croyihm, and received cash for it. Il e aid his name w.is Waters, an ti upon its ti-ing oheeercti to bite by Mr. Harman that it did not !o k hi e the hand-writing of Mr. Minett, he said it wa s ti „ ti but that it was written by his son. Ile lid nut Icft the shop mavy minutes before, having r el ,„ a , to suspect it was a forgery, he was pursued std taken into custody. Upon the instrument being compared with the indictment, it was found nett to be correctly set out, and upon that ground . the Prisoner MN at. quitted. BATIVIIDAT, MAIM 31. John Moore, a lad of 13, was capitally con. victcd of letting fire to a rick of barley, the pre. perty of Mr. Harriq, at Ewell, in this county. _ The Prisoner confessed that he took a cradle from the lanthorn and set. fire to the straw sot. rounding the barley stack, and the wily reason he assigned for this conduct was, because his Nava kept him late at work. CIVIL SIDS. IPSNTIMAN V. THg SOUTH LAMBETH WATER.II,OII9. The action was brought fur aco.mpeusatinn fir the damage done to the Plaintiff's brick-fields, a consequence of their having been flooded by the water being penned back by the Di;fentlant's works. 'A great many witnesses were examlaed on bolt sides, as to wiiether the damage was done by dm water being penned back, which was sworn to by the Plaintiff's witnesses ; or whether it was in con.equenee of the extraordinary flood whieh fol. lowed the sudel.m thaw in March last year, as was stated by the Defendant's witnesses. It was a Waled that the Defendants hail laid down culverts, or cylinders, in the old water. course, which upon or.linnry occasions were SOIL dent to carry off the water. It was alsaproted by the witnesses on both sides, that there Was at the time of the damage done a most extraordinary flood .; end it also appeared, that. by some neg ligence, one of the sluices was doWn, which imp peel , one of the cyliuders. 'And the Plaintiff's witnesses stated, that although the flood was /mat, and might of itself have done some mischief, yet it was considerably aggravated by the water course being narrowed by the Defendant's works. The Jury found fur the Plaintiff—Damages to be referred. The Court adjourned to Monday meenieg. • A man and his wife were recently, executed at Angslinrgh for a murder, the discovery of which, after a long lapse of time, strongly manlfeets the impossibility of eluding the all-seeing rye of Providence. The criminal, whose name was Wincze, was originally of Nurenburg, hut removed tiO Augsburg in 1788, where he followed the law. In this city 'ho became intimate in the family of M. Gtegie, to whose daughter It* paid his addresses ; but the old man not sant tinning his visits, he met the daughter privately, seduced her; and persuaded her, in t oilet to tam= the only obstacle 'to their olden,. to ad minister poison to her rillier:"Theborrid plassaa'- culled, no suspicions were entertained, and th eir onion put hies in possession of the ofd taxies wealth. During a period of twenty-one years they' lived externally happy, bnt, iu secret, a prey to the greatest remorse. At length, unable to endure any longer the weight of guilt, the 11. made confession of the particulars of the atrocio" crime she had been prevailed on to commit; the haisband was apprehended, and both exp iated, their guilt by an ignominious death. 111R141. Yester4lay,.Mrs. William Card le, of It ioNec-ivadt d lam M A Rlitti): - • at Oa Thursday, the 29th ult. by :she Rev. Dr. dam A Barnet, Rickard Sherwin Morison, Esq. of the Roy tu ' Miss Letitia Drevr Phi Erhfun• Yesterday, at St. Andrew's, Holborn, by She Rev. Choi" Pryor, Edward Barlier„ E l k. o f n., rs ton, vr ar a t ick,ire , l o ;ape, eldest daughter of Mr. Yorke, New Ormosok ire° - DIED. Lord O SaGradhani. tar t daylast, in St. 4 ames ' s - squ nre, the infant see it On Tuesday, March 27, at Mr. Iselin's, Docithead , H P ' JATia flohlunin, the %idolr of the late Mr John Polka"' - Oa Friday last, at his brother's hnut:e.in DeYnn sb IilN: Alettandei Hughlin, Esq. sincerely lamented by all rdlr On Friday mural Lit, univessally lamented , i n "- year, Mr. Francis Virgo, of Tyler's-Court, Carnet's -mar . LONDON t Printed mind Piihlichell by I). Lorsll s r'.”4 A N ic b 7, flee-Ante' • PP"'"" ~,~~ r . ":- ,; , t !O:1 I v co.Nak. )S, 06 7 1 re . 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