The British Press; or, Morning Literary Advertiser. — London, England, 1811-02-19 00:00:00

rrir Air ... - .", 01 '1 • IMPERIAL PARLIAMENT. HOUSE OF LORDS, %I *, rEE It . I 1 \ P 1 4! •, CADELL AND so N AND CREECH • ROBERT- I'dfili was an appeal against the Cou rt of Session in Scotland. respecting the Copyrig.it of Authors. Two' of the App..llsists, Cede!! and DAVIee, are booksellers in Londou; and the other, Mr. Creech, is a bmkseller in Elniburgh; and the Reepoudent, Robertson, is a printer, also in the la.t.iireutioned • -city. Mr. Adam and Sir Sanmel Komilly appeared at the Bar as Counsel for the Appellants. Mr. Adam stated the groopds upon which this appeal was brought. rod the eircumstencee upon which the Court of St:bebop had formed their decision. He contended, that the Judges in Scotland hid put u construction upon the Statute of ercen Anne, ta utly at variance with that which ad ever guided the decisiou of the Courts of Chancery and the kiiii'li Bench in England. The Court iu Scotland bad takeo moths cousidelation of this case chiefly on the question, whether or nor the Statute protected • book not entered at Stationers' Hall. It was of the utmost importance to the encouragement of learning, and consequeirtly interesting to the wel fare of these kingdoms and the v:orld at large, that the copyright of literary works should be preserved inviolate as the property of entbors. The circlitn .stances of this rase were connected with the name of Robert Burns, a men whose genius us a port, mid whose seutiments, must preserve his memory irlimortul, at the same tune the y would ever shed }Amour over the country in which he was born.— About the year 1786, Burns published the first edition of his illustrious Prams, at Kiliuninock ; add in 1787, he published another, which he con tryed to Creech ; and iu 1793, there being required irotle.r edition, the work, with additional pieces, as sold at that period to Mr. Creech, who terwards conveyed to the other Appellants their fight in the publication. In 1796 Burns died, sod on account of the circumstances of his family, • very eminent men in the literary world, whom their Lord.hips must have heard of (Dr. Currie of Liverpoo4;uudertook to be the editor of a new edi /Bea, with a considerable addition of origiu .I pieces; sod this edition, though the other grants were un espired, was, by the Eeecutors. conveyed to the Appellants. The Rwipoodent, two year. after the publication of Dr. Curre's edition. published • book in Elinbargh, Minted it Poems, chiefly In the Scottish Dialect, by Robert Burns." This book contained many of the poems from the edie ton of 1793, and from that of Dr. Currie's in 1800. In consequence of this piracy, the Appel lants applied to the Court of Sorsion for an liter diet, by Bill of Suspension, and commenced an ac tion there for .1001. d mules. After various argu ments, but chiefly that upon the Act requiring the Look to be entered in Stafioners Hall, io order to preserve the copy-right, the Court sustained the defence of the Rampnudunt. The Act of Quires Anne. in ide to preserve literary proper v, was cer tainly intended to extend to both countries without distinction. and therefore the construe. 'lion might is Setalliikti to be the same as that whit h was unirers illy odopted in Eiteland ; seal it was inure to liner Aill the iielit its these CaPe! , . I:110 to recover lost p;olits. that the present appeal was bemeht. Tne Loan CR4NCIILLOII inquired if the Court had not taken other circumstances into their eousi deration besides the construction of the Statute. Mr. ALMS sat I. the cuceeruction of the Statute was the principle upon which the decision had been made in the Court of *salie The Loon Citaucettos observed, the right to literary property under that Statute wis evident. withont bring entered, aud the Le...tied Coon., I (Sir &enact Roinilly) must recollect the gnarly injunctions which lie had granted from the Cowl cf Chancery. Sir SAlle et. Rout i.tv said, a ddrerent enostroe tion of the Act h.9d, he believed. produced tne de to-titillation of the Court IN trio. There was no Counsel for the Respondent. The Loan CilsacCt.LOß said, the earliest iiiil4. ment. under these eircuiustatiwes, mould he ;;turn for the Appellants ; ant tomorrow he should floret so Interdict agaiust the pubitemisio of the Re spondent. ROXIIVRGH PEERAGE. The 1.0111) 7 61;7 11 1T1 , 114 , r rrrr r my Lord., for the pnripete of utottn‘:, tha e Committee of Privileges do sit on the Ruebutdh east to-mor,oo oe'onight."--Acree , i to. BERKELEY PEERAGE _ The Earl of Cressimos that a Petition had been presented from the prr , .•nt claimant of zve Berkeley Peerage; and he moved that the .um• he referred to the ronAdtratiou of a Comtuntre of Privileges.—Ordered. The Duke of Nuarot.a big:tired at what lira, this Peerage would he sista ronvilerabou ? The Earl of LIT SINWL auswered, it ain't be feigners days Of.ol the itreaewt, seenolsoa tu us sip.; hut it sots desirable co delay shoul.t intervene, ■tol theref.re tt suigtht reuse h.f.we them tn+ltl.llloo. Th. Duke of NOZIOLII was selistivi with this notice. _ _ TAUNTON'S DIVORCE DILL Upon the motion of the Let* Cu ‘Ntrt.t.nit. the orrond reeding of 13:11 was fors her N•tpontd till Wedurode, lIIVZ.. !It EL 04 D. `N►♦ - The E 1 , 1 of Mott; t r , •eosish eoosidemblo 1)i. tslty n 1 mind, reap-riling the •nl•i••rt to *ht. h he thought it his awl to rail the summit,' sit their Lorth.hips ; but is em. a snbj•ct ohtrh he thought himself impelled he dirt to bti..k under sh. le Caw sideratiew,other.v , . • hr shrsto: , l not ban. hum to es. rnie himself in hiaow...ight *withal .4 I , .emantry. Their Lordship. would slimly entity ar the Iran.. o. faun In which Ise allu.k.l—nrse of vast important* to the •itttttinn r.f the ennuis-v. awl at It siniesreil ones!.laisse.l. Oise of • mn.t estranedinary and novel tendency. lie I , the twists', leiter i.ensoill by the I.nrd Lieutenant of 1-'rtaes•l to to m M ace . tri-Y to ( that r - suniry. r.llm; upon them to moiety, the Statute sig•m.t she en. roma of the Rims. I,sits tricot 1.. r 1141111 IO boo., she. th , f • •••••1/1? .n I • r , ~ro d u e r i n i t o tees in the minds of rhrre.fnurtn• the ramita,...„ s y Ireland, hail hie.. l'Oni 0W1111E44'4 to !11. it ty.il Mahan* the )'rt•: r fervor. Bet is ie.* eir.l k , Ales to every u..r %WI isnot h .sit Mr. St...Moly . . 'Pole was dispatched to the Sister Kingdom, and now the object of his journey tie peered. H. weald ask, we. this of all others a tinie to distract and alienate the affections of that country ? Wao it lit and proper that such a line of policy should be pursued in England, when we observed the power and achievements of our euestly abroad ? It was cot an object to him to have his commercial wings clipt ; colonies and commerce were not concerned in supporting his military attend) on the Conti nent. Had be not placed a Freuclimati as a Save reign oil the Throne of Sweden ? Vas he not hold ing in subjectiou the kingdoms of Europe ? While such were the pursuits of his ambition, white he had not only assaulted our outworks, but was even shout to rush upon the citadel, we were concerting measures to irritate and divide the force of our own country ! Looking at the period when Mr. Pole so hastily left this country, and when the measure had been contemplated. he would ask the Noble Lords opposite whether it was possible for them to know they would or would not remain the Regent's Ministers? He had so much regard far them, lie would leave them to their own choice of the two alternations iu their explanation. If they knew they should (which was certaioly not probable when the Prince Regent had not taken the oaths), then he would ask was it not an taunt end improper proceeding, to say no worse of it, as it would affect the hied act of the Regent's Government? —lf, on the other hand, they knew or believed they would not remain in administration, then they were endeavouring to set flame* to this part of the empire, and ought to be accounted in cendiaries to the house they could no longer keep in possession !_(Hear, lusr.)—Beiales, why enforce this Statute at this time ?I Had they made use of it to prevent former meetings? And why snake the in vidious application of it to the Human Catholics, when it was a statute meant to be applied generally to all disorderly subjects, and not invidiously to any denomination of them ? Was it cousistent with the principles and professions of the Union ? Was such a measure calculated to tree the people of Irelaud from the oppressions they suffered under their own Government ? He hoped some explana tion would be given to prevent the general con struction which would universally be put upon this rub and dangerous proceeding. Perhaps at this moment, without knowing more information, he might have said too much ; but no delay could be suffered before such a proceeding ought to be in quired into, as it affected the existence of the country. He should therefore conclude by mov ing, .$ That • Copy of the Lord Lieutenant of Ireland's Circular Letter tel the Magistracy, pro hibiting the Meetings of the Catholics, be laid upon their Lords:iips table." The Earl of Live:moot. said, he felt no ember. moment in answering the questions put by the Noble Lord, whether at the time this messare was adopted, they knew or not they should remain is Administration. His answer to this inqutry would not be attended with the smallest ritfilculty, for lie could assure their Lordships, not mic of the pre. sent Government was made acquainted lei t this , cecurrence till last Thurtelao night. ! lee; Pele's.deparmee sell related bad hot The otea tor remotest connection with this measure. The Lord Lieutenant had recourse to the procetding on ac count of peculiar eirennuttances and inferination which CAM , ' to the kitowledAr of that Government. It would, he was confident, be found, that a scheme was adopted by the Caitlin . ..lca intentionally and svo tetuatieally to violate the law. He was also cou r t . dent, that although it am a measure uhielt lord not origivated its the Government of 1 . .14 country, it was tote adopted by the Lord Lieutenaut and Go.. verniuent of [relent with a view to the safety said tranquillity of that country. But as to the motion of the Noble Lord opposite (Earl of Moir.), he felt nn objection to the prOductiou of the. Letter alluded to; still he sheuld consider himself called upon to inure, at the same time, "That a Copy of the Letter circulated atnongst the Catholics b e laid upon the Wile, which, with other information, formed the ground upon which the Government iif Irelaud were jellified in adopting the measure they pursued." The Marquis of Lasspown was glad to hear from the Noble Secretary, that the measure referred to, so likely to In injurious in its consequences, •as unt concerned by the Government of this cotietry ; and therefore must hale been resorted to by the Goveroinerit of IrelaniLwithout any communica tion with his Royal Highness the Prince. Regret. It aA* with satisfaction lie heard .this leen matton. and it would be no less satirfactory to the country to Cul that such a measure did not emanate from • Government acting under the Regret's know ledge. Ile, however. wished to ask the Noble Se cretary. if the document hr was about to move for would of itself justify the measure re.erierl and eieulil of itself explain the meatus why this step woe resorted to by the Lord Lieutenant The Earl of Livairmoi. tnd. the document he wished to move for would afford much iulor,natioo for shot reason this measure had been adopted ; hot et the Mint time there certainly was ',Base car formation from • different source, whirl, periiiapa von td not properly be moved for. as it was of a curet nature, unless it were moved (*hit Is might be door necessary) that His Majesty would direct the seine to be laid before • Secret Coninsitter. The Earl of Mutat./ observed, that it had 'wen mooed by Um Mejesty'. *sorters s that the Regent w essiseqemettel with the soteut , on that reisteri of Wham the Cosesentina Act in lose, at the period when Mr. Pole departed for lithe I, and hr was K l .d teat auels sit open avowal had hero mule. Ile bed it in eontempla , inn lest year to cull Use intrusion of their Lordolers to the ;scathe, situ -111119.1 of I,elattd, as he eelletole+ell that ennittly nee. leete.l bath by Parliament a n d His M a je.o ‘ '., thus mister% The recent *et of poste which hail been relented to made this call &tibia n.e.ami e , and h e h ni ,,,4 sh e enlvet wosiM he Wipes up a. geom. ly as its importance de•reved. Ile had roe in mit to the If Lotilehips the following motion •• That Mere he laid before their IAM-hie/b— -e Viso, Aa lleremei 1 the oustisley Monte of betted fat shirked Pro remot, hi the 1011.1,•,, , , tam thrennall, As Aelininitsithr Aehtal Capresdolitre fur tie saw teem/ 1 swift. *a Aromas et da• lemided end Edouard Wee of halm.' fee the wow row Tie Earl of Lettami a ilmeght ,„ ~..o l imei ee ing tile assertive. whit h bed in-en as.rda tr, the %Me Est l Milo the eawdevt Sc Perl,amtes. both now and formerly, with respect to the people of that country. He had sot long it, the Irish Par haroeut, and knew nothing of such neglect as had been a lluded to. The Noble •Earl might possibly have an accurate knowledge of !rebind, lint he thought Isim un e wouldfounded ask to t that Nrtohe assebleions Earl whic what h lie had made. H Government had done ? Why they had only pre vented traitors from giving law. ft had been better perhaps if the Noble Earl had gone snore into de tail, instead of contenting himself with making those general and unqualified assertions. Lord HOLLAN D said, that it was not now his in . - tennon to enter into any remarks on the conduct of the Irish Legieluttire. It was a subject which would lead him too far, and he therefore would nut enlarge upon it. He would leave it to the records of history, and he believed he could net leave it to a severer judge. Ile would only desire those who had been instrumental in the accomplishment of the Cation, to ask the people of Ireland whether they were not led into en expectation of having those I slas re pealed which were obnoxious to them. So much he would say, upon this occasion, though not immediately connected with the subject before them. He felt great satisfaction insheanug it dis claimed on the part of His Majesty's Ministers, that they had any previous knowledge of the measure which had been resorted to. Though tint bred and disciplined in their school, nor much occustouied to approve of their conduct„yet be dial not think so badly of them as to suppose -that they would exercise such an act of power without having first made known to Parliament the exigency which required it. So far lie was disposed to give credit to His Majesty's Miuieters, and be was satisfied at the explicitness of the answer which had been given on that parti cular point; but he was desirous also of being in formed, whether the opinion delivered by the No ble Secretary of State on this subject, was that of an individual declaring his private aentinients, or whether it had the sanction of Government ? Thee measure might have been adopted on the spur of the occasioc ; but from what had fallen from the. Noble Earl, he was anxious to be satisfied whether his observations were to be considered as official or not? Whichever was the cave, he considered the country indebted to his Noble Friend for the motion lie had brought forward. The Earl of ListelllClC defended the measure which had been resorted tn, and justified it on the necessity of the case. He totally differed from those Noble Lords who thought that the Act in question was an unnecessary one; and he desired them to ask the loyal pert of the people of Ireland whether it was so or not. lie would got recede from the opinions he heist on this subjeat,in conse quence of any 'armed! remarks that might fall from Noble Lords on the opposite side. The Earl of Ross defended the conduct of the Government of Ireland with respect to the Catho lics, who, he affirmed, had been trieuted with the utmost indulgence. They had frequently astern bled in Dublin, nor had their discussions lieeu ever interrupted ; hut when they proceeded to er .. r t a sort of Catholic Parliament, coosistiag of 33! Mete writ in rhs, capitol of the kingaosu, for the pnr poet of 4isconing subjects of which they could not tell the tendency, he thought it was high time for Government to interfere. He did not by anY means concur in the opinion, that this measure would produce any bad effect on the minds of the people, when it was considered that the Catholics themselves were not agreed on the course of proceed ing which had given rise to the adoption of the pre smut measure on the part of the Irish Government ; au confirmation of this, lie would read one or two pab ripe from the Report of the proceedin.pi of the Catholic Committee on the Oil of Fettruury. In this Report it appeared that Mr. Keogh, a gentle . - man of considerable influence among the Irish Ca tholics, opposed the motion, on the ground that tiO notice had been given of it; and Lord Ffreoch had denied their right to exercise such a power as they assumed. Could it be possible for Government to permit the assembling of such a body as this, in open defiance of in unrepealed existing law ? If laws were to he thus evaded and trampled on, tin Government could support itself. Nor was the measure now resorted to a measure of hostility to the Catholics as arch ; it was a nseassre which would have been equally resorted to in the case of Protestaots or Dissenters, if they had acted in a eimilar manner. It was merely for the purpose of enforcing a law, and as such it ought to be con sidered. Tne Earl of Bucittnottattiniss defended the principles of the Convention Act ; and said. it should be recollected that it was • 11eclaredory Act. explatuing and et.fortiog • law which had existed before, preventing the assembling of persons for purposes hoed* to thiveroment. Seth meetings h a d b een so re helti• ut at different periods in live lauds. and il;is A.•t w is intended to prorelit them. The F.srl of Dolotransinnx said, that he fame to defend the Catholics of Ireland from the imputas tiosob which kad been threw.' out against He should not enter into the principles cf the Act which hail hero pest is fires 111 behold. at he sl.d not conceive this the proper period fur doing an: hot would teserir to hiinaell the right of doilig so out • restore oceamois; but he should demand now. awl at all titan, that measure of justice for the Cr of [reboil *lnch had been claimed for His Majeaty's Miiiisters by the Noble Lords opp note. Heatless' there as their •dvocute. and he would hot shrink from Iris duty. He had been chosen by them t~ present ':mars (ieUUoo to that Howe, and lie was not shamed of being the object of their elusive ; on the relutrary. lie cJii WWII! of 11, N. cue rr.leral hue it, and would endeavour to fulfil the sacred bit.t which they had delegated to him. The memoir which bad been adopted by the (;ii. vertnitent of i•elood was a Ilifethe act of power. and could only be jostified by art extreme seers ity.— Specking in • Parliamentary sena,. hr could not assert that some josidlcation might ant be offered for ibis proceeding bat stating hi. opinion as an indi vidual. it was his fall ay.il firm conviction that no vetch necessity etisted. In this stage of th e bosi. 414 , 4 he did nq dinar it Is.ressary to add more Mow that he 'namely convened in the motion of hie Nab!, Friend, as it wroili tend to h ir.-4. f a ll an . poossoity of thscoserng a mar -sore whC 1 anpear.ri 1w him so arbitra•v. so 4141444:111•17, 41..1 so wet. non , onmednef. 1...r.1 Ilastistan•At oloservad, that the Noble F ar t viler had ost sat darn had tiv:osht •ii‘ - reign the conduct Of another Prob e ~sat+libehii him, and hal spoken much of the severity of measure which lied been resorted to by -the Irish (lc's-eminent. without giving due .weight to circurustanees which had ocearionell it. for part, he befit red that the majority of the Ceiba, were inclined to Obey the taste, and he diet:: think they could c. n,tder the rulcrcing an Ac Parliarnept as a strong act of power. There nu use in lass, if they were not applied to the pi pose for which they were enacted, nor amid th. . application be justly considered as an act Of arbi trary power. The Muttons of the Marquis of I,aissam and the Earl of Ltvenraot were then severally turd carried. INSOLVENT DEBTORS. Lord REDEsDALE ruse to present three Bills latter is Debtors, which in substance agreed those presented to the House dining last •s.-.n when they unfortomdely were not carried Iltroc the *eventl step', in consequence Of the proroga tion of Parliament. The Noble and !Learners 'Lord stated the general principles of the Hills, .• the purposes to which they were applied. first was to extend the earns for whch arrests might be made from 101. to 301. ( r understood). The second, to regulate the Insolvent Act. The third, to make provisions for the better cceommodation and comfortof prisoners for debt. The Earl of Moiii• 'complimented the Noble and Learned Lord for taking up • siohjeet whiclio had long and deeply occupied Inc attention. tic was happy in haring the selection of his-concur rence, as he felt satisfied be•harl taken s just view of the subject -which was now 'nought world,. tiro notice of their Lordships. Lord HOLLAND said, that he &It a ;1141b ve of satisfaction that the Nob and Learned Lord had taken this subject into his consido ration, ws 'lot considered it one which deeply interested dlec country ; he was glad that it was now dOkolv so meet that examination and disruption -which us importance demanded, and silica it was‘now corns likely to meat than when it had been brought foe ward by his Noble Friend uear litts (Lord hieing. If learning, talent, or integrity, could Unsure its success, sore he was that it could not have been in better bands than these of his Noble Friend;; but it was too certain that no proposition of this nature was attended to in that House, unless brought forward under the taoction of those whose profession seemed mote immediately connected with their consideration. Though it was seitiona his lot 'to concur in opinion with the Noble and Learned Lord, be should, on this occasion, give him Iris warincst support ; as he considered the laws relative to debtors lousily called for revision mai improvement, and he was at present occupied with an inquiry into a case of this nature, which was attended with circumstances of a most aggravate. nature, and which, on some future occasion, lie might have to bring forward to the notice of their Lordships. He also considered the present moons as of great importance in another point of- Tie% namely, as it was cennected with the of tVe pil l ion; which, of all 4 1 .:, cia•C 'r stte.e. tton. The I3olls were then presented, and nil a fird time. ; •7 • - \ the Isiah the his obis •iscit et df WWI pur- their arbi- ow* put, • s !re- with ou• gh 'ruse ant/ The nieht REV It E LAWS. Lord Cceastr.r.e COltatattOitted tilt !IOUs! SA the dispositiou which was manifested to bring for ward pitblic business at an early period nt . the Ses. sioni instead of waiting from day to day, in epos. rent Indochina and hopeless inactivity. This dite to►y male of proceed'ng had been ten much of late years the character of that llonge, and Ire saw with pleasure any appraranee of a contrary nature. lir would avail hirtilielf of the present oppoTtaiiiily nt bringing forward a subject of con,iderable import ance. Two years ago lk Judges had been directed to prepare a Rill, which should consolidate into one Act all the laws under which the penalty of death was iu6icted for the violation of the Revenue Law,. in order to apply a remedy to a custom skink litt4i crept in of referring to former laws, which had en specific application to the cases in question. Lea year the Judges had laid on the ride such a Big. and it had been referred to a Committee, of whieli he was a Member, which rat foe some time, but had discontinued their sittings in cumplifteut to him, as lie was prevented from attending it. fk felt sea grateful for this mark of attention, anB was desirous that the subject vhould be stemmed as soon as possible. He would tbercforeanove. 41 That the hill prepared by the Judge* for the purpose of consolidating into one Act the several law. tt , - dieting the peualty,of death on the violation of the Revenue Laws, be referred to a Committee a:,. pointed to consider what further measures .boat be adopted on t h e subject of the Revenue LIMB with • view to this Kingdoni.".—fle alumild newt move, " That the same Lords be auprinted to form this Committee olio formed the last.°'— AuQ he would move, " That the proceedings eff the last Committee. end the evidence ndiluetd be fore them, be laid before the present Committee' These several mottoes were then pot, and acted to, anti the Committee appointed to meet on Wed nesday nest, at out o'clock.—Adjoursied. MOUSF. OF COMMONS. The theasfries Paving and Lighting Pill Asa lead slot On the Motion of Earl Tenet.", the Wevtettt Canal Bill Iraq ordered ID I.• read this ths aintoeht, it. 0 , I, Aloe Petitioners against It an opportunits of bang brood Curnsel. Leave was given to bring in 4 Bill far the laccopuration the Western Pother, Companv• MILITARI Pt :NISH\I ENI4. Colonel M'atint.r. nave notice, that he would nn to-morrow meanie,/ move for en *CI moot IRO • the proceedings of two Courts-Mantel. nor h• Id ad Little Hampton. on the 47th .4 Jun.; ui..l the 0 ,1•-e at !frighten, on the 6th et' July lii.. an t•aparit Robert Curtis, 44 the Oxford "altei.i4l; awl nl." sib acconm et the tr. , atment whirh lit. att• it 4.• bled had experienced before t11,14* • CAPITAL PrICISHUFAITIt 41%•:D PENITE TIAKS Phlmotot, Sir SAIIVEL itt3a111:11:1f et t,.... th a t he wo;• I. OM Fneloy veto. .tilsotoot to flu. 11,..0r. a 10. tlifi , . 4, °' .6 "li i irt of Irßtie'4l I ° OIIIIIIIM . MII 11,•4 l'esti•en:isq firsourn. 11.. t. , 14 the goretwoot op pottuotity ool•oti• , I one for•—•• It r.toteot of the mini hr. of t oo•rooso. he Tu .4 to••••to orosorortverst to Ow wilt... of New tio.otobh • -the inoeth of Amain 1: pc► to ar. I I% ales, as enfilade sae' sere. , • `. • • . , „ (yl• MO*.