The British Press; or, Morning Literary Advertiser. — London, England, 1818-11-26 00:00:00

I to considh the propriety of withdrawing the Al.' lied Armies from within the frontiers of France. The Minister 4, however. candidly cauf;sa in their Note to the' Duke of Runway, that thig point had breollfeady anxiously and carefully discussed i n the several Cabinets, and that on meeting at Aia.la.Chapelie, the Allied Powers had only mu tually to communicate the opinions they had already brood ;Allot respect. They had agreed surpria. ingly in their rq 111 l ions, and the toostoequence wee the removal of the Army of (ieeviiiition. This . Memo act they irgarded as the completion of the general peace. It became thence neces►ary to ad quit France into the proposed system of general pacification, and on the acquiescruce of her Kura in this arrangement, the live Powers hastened to record in their Protocol their sentiments with re . gird to this mighty union. They professed to re. Oil this union as durable, principally because •' it diptsols upon no separate interest or temporary combination." Now this is the very point which remains to be decided. It is somewhat premature to assert that this union is not a 46 temporary corn bioatiou" at the very moment it is formed, fur on such a point time done cats enable them to form a judgment. It must depend altogether upon the other branch of tl►e sentence. for as long as the Allied Powers experieuce uo claihing of "separat. banyan" tl►ey will maintain their alliance, hut uo sooner shall distinct sod conflicting i n te res ts arise, than the Treaties now so solemnly signed and tiered to the world sr the assurance of p er pet ua l tranquillity, will be flung aside as useless lumber. and the tide of war will once We have received New York Papers to the 30th last. A report had prevailed that the differences with Spain had been settled. and that the latter bad 6lially ceded the Florid's', to the United States, but it is flatly contradicted by subsequent accounts. We have received Paris Papers of Sunday 10. The 52d British regiment of infantry commenced its much from Valenciennes towards; Calais on the lgth, having previously resigned the fortress of Valenciennes, on the morning of that day, into the hands of the National Guard of the town. The inhabitants of Valenciennes are represented as having exhibited on this occasion the utmost joy, snaking the air resound with cries of " View les Bourbons .^' The white flag yea displayed from every window, but in this exultation of the people, no appearance was manifested of the slightest diva anion to insult their generous eenqulrors. The French Paper says, that " the departure of the English troops gave no occasion to quarrels, nor were any insults offered." We have made some extracts from the intelli gence derived fio,p Madrid, whirls represents the cause of the Royal arms as every where triumphant throughout Mexico, where only a few straggling hand s of Insurgents now remain. without power to disturb tlt genets! tranquillity. Extensive wivel preparations are making in Callao di Lima to strengthen the King's naval forces. Thr Spanish sluadroit in that harbour is said to consist of four frigates, three corvettes, and several smaller vessels. These exertions were made probably in expectation of a visit from the Patriots, who were *claim tug • very formidable force in Chili to attack the VIC!. royalty ul Peru. The Patriot army is said to eon nit of 10,000 men, under the command of General SAN AfaltrlN. Thu naval force was to consist of litllllll, some of large size, which were to more so completely ioondate Europe that the dove of peace shall find no resting plat*. It is almost amusing to hear these Sovereigns, who it cannot be forgotten are the same that constituted the Coupes* of Vienna, now speak of their " variable resolution never to deport, either among themselves or in their relations with oilier Slo e% from the strictest observance of the prisiciple• of the right of maims." Do they imagine fiat their conduct at Vienna his )seen so rook ten by all bet the pout melees of their and treachery. who dare mot complain of ? or do they speak thus in ridicule of the indigestion uni. venally felt throughout the civilised world at their wanton violation of every principle of tuitional law and national rights ? Who that contemplates the occurrences of that dark epoch in the history of Eorope—who that has wen the people of various coontries bartered and each:wed at the caprice of a few despots, without the slightest regard to their private feelings, their local attachments, or their National prejudices—who that loos moonied over the violation of the rights of Saxony, perished fur its late spostacy be others who were a few weeks lees criminal—who that has glowed with indignation at the extinction of Venice, Genoa, and Ragusa, for oo other reason than because they were Repub. lies, can desire a perpetu ,1 peace, or sloes not rather pant for the boor of justice and retribution ? The occasional renewal of the Congress is pro• tided for in the official Declanition, either for the purpose of adjusting the difference. that might arise in the Union, or among oilier Powers of Europe. The Allied Sovereign., however, do not constitute themselves umpires between other States. Indere they be specifically required, and in that eveut' the Powers so requiring their intervention shall enjoy the right of being admitted, either by their Suve. reigns or their Plenipotentiaries. to the deliberations of the Congress. be under the command of II Naval Officer who would arrive about the Ist of November. The French Five per Cent*. are 69 f. 504—Bank Stock, 1,555 f. s --onsii--- s t It will be seen in the following Court Circular. that her M•JESTY'S funeral will take place on Wednesday next:— ". Yesterday the day for the funeral of her late MAJESTY was finally fixed for next Wednesday. to take place in St. George's Chapel, Windsor, at eight o'clock on the evening of that day. The solemn procession is to be arranged in readiness to begin to move by ten o'clock in the morning, and to proceed at • very slow pace. supposed to be at only about two miles an r, mid it being con. videred impracticable to iv utinue such a length of journey without stopping, it is expected that the procession will halt for' in hour on the road. The proceedings of the journey are to be an me. !sexed and arranged as to reach Froginore. the private residence of the late QUEEN, which is about a mile and a loaf this side of St. George's Chapel, where the procession will be joined by the l'ittNcE REGENT. as Chief Mourner. In addition to the four Marquises who are to hold hiSi Royal High ness's train, he is to be supported by two Dukre. From Frogniore to the entrance of St. George's Chapel the procession will be awfully and solemnly grand. The military spectacle will considerably add to it, aided by the torch light of every sixth soldier who are to line the road, holding a lighted flambeau in his ham)." Yesterday Count IVlUmtu had an audience of the Firms ltructiT, rt Carlton Horse. The Duke of You visited the PIIIIICZ Re. OUT yesterday worming. at Carlton Hour. Its the afternoon the Patna RIMIINT went to KEw as a visit of estudolrtsce with ins limpet Sisters. Yesterday • Court of Di..ectors was held at the East Witt Moue r when the following Captains were sworn into the command of their r-vective Ships. wiL—Captain R. ALSACIZR. Waterloo ; sad Captain T. Havant,. Strew/miss—tor Bengal and China. Our letter from Itororeste. dated November 24 (Tuesday), saysl6 Early this mooning several vesicle strived in the harbour from CaW.. having On board upwards of Buo of the 3d Grenadier Guards. Commanded by Lieut.-Colonel DORTI L They left Calais about eight o'clock last evening, and hid ',eery tine passage. Upon lending they were reeschiet iminedustely to Canterbury. The Coldstream Guards. 51(1 Infantry, and the regnant. der of the Cavalry, are expected, which will complete the everuation of France by the Buitish troop.." Eatract of • Letter front the Agent to Lloyd's at Wilelk. Virginia, dated 26th October, 1818 : " Thee has been very revere weather ninon this coast during the hitt eight weeks. The Coital States frigate dissorileirions experienced a tremen dous hurricane in lat. 33. N. long. 63. W. mud ar rived here on the 10th inst. completely distmned. She is now repairing. and will rail in about n fort. night on a two years' cruise in the Pacific Ocean. The American frigate to/ogress is also nearly ready fur sea, bound, it is said, to South America. The 74-gun ship which is buil.liug here progresses ra pidly." The Perseverance, Baum from Riga to Lon donderry. was totally lust near Kirkwall on 11w instant, during a heavy gale at S.E. : crew saved. The Brunswick, MinHtsorr. from St. Peters burgh to Whitehaveu, swiss driven Oil shore near Kirkwall. oii the I ith instant, but was expected to be got atrafter discharging her cargo. The Second Sea*ion of the Fifteenth Congress of V, the United States co . an the 17th instant, and will terminate on iinfarch next, The Nationa Intelispratr e ' 'Outing the business winch will Ittobebig ermapy its attention, says— " To the 3feasage ite ilit eresideat at the opening of the Session, we tarot look far tato/maims of the highest interests That docummit will probably direluse,"for example, the na. tore awl /Opt( I of we, csammereist ttegortation with Great Britain ; the Mate of stir relation with Spans ; the Report of our Cousamissionera lately retormed front Buenos Ayres, aril the slew. of the eseruseve thereat, Ate. bluets is also to be communicated respecting the progress and termination of the Ssartiole war; respecting ihe proven of At Coat. latesioners under sloe Treaty of Gheot-; respecting the pre. yeas of the expieratism of our western territory, sad of the establishment of pods spis that (metier ; sad respecting other pradeetial emsasswirs, which haw* mitered largely into the policy of the ream Administration. Upon the whole, we expect as animated sad useful Semites, characterised rather by efficient &clime than by prolonged debate." Tue Jewers.—We have authority to contradict the statement in some of the Papers of yesterday, of Messrs. Rua mu t t. and BUIDGe hay.. iog had the care of the Ktno's jewels. Neither these, nor the valuables' of the same descriptor belonging to her late NIAJINITY were. ever de.. posited in their house. Meows. Ruttnet.t. and Baths 'sever bad any other charge of the (QUEEN'S diamonds thou merely the conveying them to and from the Blob of England ma occasions when they were oved by their Royal Owner ; mid even when her MAJESTY'S jewels were cleaned, the work was always performed at the Quern's Niece. As to the litut.'s jewels, Messrs. RUMMELL and Boom' never on any occasion had the can of them, sod therefore all time statements that hive appeared spots this 'subject are utterly void of foundation.—The KIN a's jewels, we are informed, Isere been miming ever since June last. Yesterday • very numerous and highly reepect eMe Meeting of the inhabitants of the Ward of Cheap took place at St. Lawrence Church, foe the purpose of electing a lit rod proper perso n as Alderman of that Ward, in the rasa of Sawueb Goooaeu &E , Esq. deceased. when Mr. R un' . WBLL was smanionsusly elected. The Sessions of the Peace for the'eownty of Middlesex begin at the Session-House, Clerkeir well.grern, on Monday next, the 30th instant. Yesterday the several prisoners who stand eons mitted on ciiargrs of felony were removed Goan the different gaols in the city of Loudon and se e, to Di e wgetti, preparatory to their taking their trials at the Old Bailey, which comineuee on %%'ednesday next, the of IJecewber. INPORTA:IT TO Tilt SPORTING WORLD. No pugilistic esembats since that of Rig Ben and Juhn sea, has ewer erased au much anxiety, as to the result, an AM between ?Inner and Rendleaft-seali next to it, that of &topless and Marlin. It was impossible that Ike first battle could take place on the mouraful day it was yard by the ar4itlea, Tseaday next-sand, consequently, the match, 111 fart, was If until renewed ley three's/nit M the backers, ! which Ise bee , done. The principal amnesia met yester day, to Ix , upon tenths, disy, and it was settled that the battle shonl4 take place or Fridley iie'onight, instead of Tuesday. Thousand. of bets pewits?. Ilion the event are rod, mid at the making vied of itch., between Martin sail &cogent, on Timidity righte each was publicly declared.— The new betties era ma &Howe t—Gnitieni to imputed* upon Wendell-11 to I epos Martin-we to 2 the two favourites did not win-}'to I Turner and Sernigine did mint both win 11, 4 Marlin winning against Randall winning —slid even betting that the first fen lasted /0 minutes, and the seemed 40 minutes. • 'm ACCIDENT IN LOXBARDSTREET. An Inquisition was taken yesterday morning, at twelve o'clock. hem" T. Suitutoft, Fag. Coroner, at SC Barth°lu. mew's Hospital, oft tbs body of Mrs. Mane Pass, a foreign ly, whole death was caused by ilia falling of the front wall of Mr. Smith's hou.e, in lAruhard-stria, which. was iiijored by the retest fire. The deceased was going slow atone business in Lombardadreet, and Mel walk tits on the foot-path on the eldest( the road oppusite Mr. Smith'a house, when the wall fell opus her head She died un Tuec.hty tour g. The verdict was the same as in the other me lancholy cues already published. EMIG RAI7'ION. Bolan:ltem to the flatted qtales.—The current of emigra tion from she N ilia, dominions to the territory of the United States never was as Pining as it is now. Fur the week ending the 31st Safest, 1,150 pan:engem " nearly the whole of whom were emigrants from Europe," attired at the single eon of New York ; and .sr the submerses.* week, we kept an seeming or the passengers reported in the news papers (which is for short ash, nninber that arrived), and revisit them to amount to nearly 4,000 fur flee or six princi pal ports—and the segregate may be fairly estimated at 8.000 fur list two weeks preceding the roll of September. We designed to have piih•ialsed the 1111/IPII ar the vessels, with the places they arrived at, with their respective number of passes:en, as we hare dime on several occasions, but thought the long list might unnecessarily occupy a page of our paper. Or the 6,01/0 that arrived in the two weeks, about 4,000 were from F.ngland, 1,0011 from Ireland, and the rest from Scotland, Holland, and France—about 400 only from the latter. The emigrants from Emelasid that we have seen (and we have conversed wills several) appear to be ed that class of people which lately were the bone and sinew of that enusstry—respectable farmers, striven from their Inane by taxes and tithes, yet generally lwfore they were lois snitch reduced to make their way in comfort to • strange land. Some of them, indeed, appeared to Is see conciders. ble sums of money, with which they purposed to buy and internee • farm of their own, and a nornler were making their way lo she great settlement that Mr. Ilirkbesk is roma ingot' She Wabash, in Indiana Nlsay of them are persons of iistelligcut minds, stud, in gee...nil, decently apparelled. - , —(Ataeriecia Paper.) THE NORTH-WEST EXPEDITION. The followint fleletitioisat partietlisith ;spots this in. terestingsuhject are from st Hull Roper : " The Isabells. and Alex toder, Discovery Ships, arrived in the Humber on Saturday week ; soul after baking pilots on busrd, sailed for the Thames on the following slay. Alesmoder, reached thin t o wn " Cant. Sir John Ross, Or the ni l Sat ur d a y aftero o po, and set off shout two hours afterwards in a chaise for Lomita'. The following past's:oilers respect ing the newly-discovered tare of Esquiusaux were communi cated by Sir John Ross:— " The Discovery Ships had been lying adjoining the bot, between lat. 76 and 77. fastened to an iceberg, for Iwo or three days, and had joist shoved off, when to their great surprise they saw some persons coming down from the In terior, towards the shore, in sledges drawu by dugs. Our countrymen immediately put back ; but on lauding, the natives fled tows' its the Interior. In order, if possible, to opeu a rummouiration with them, ass Guiltiest's, on board the expedition, set off after them ; and shout three miles over the ire, succeeded in this object, when he found he was able to make himself imperfectly understood by them, and also to c 00000 pet-herd their inesuing. Oii the first introduction taking place the natives In. quired whether their visitors came from the Russ or the Moms ? The Escpsimanx told them neither ; but from a large country n great distance from the south. They said this was impossible, as there ass noshing to the eisisthwurd but en. inhabitable ire. It was with great difficulty that they timid be convinced of their error, or led to regard our comitrinsen in any other light than as twinge from some other planet. On being taken an board the vessels they massif sled the utmost surprise at ewers thing they saw. They eunld not for some time be persuaded llsat the ships were not amitosis, mad possessed the power of speaking : and when told that they were of the nature of houses, in. thwated that could rot be, dace the former went ;trek. wards and forwards, while basses were stationary. They repeatedly handled the clothes of the crews, and could sot conceive what sort of Alms they were son de of; their own covering being wholly of that description. Of tweed or gain they knew not she eon ; and on being induced to put some of the former into their niusths„ Starr maetiestissg it fur some time, spat it out again as tasteless. Their owl' food, it apposes, wan chiefly fish sad bfiehbee. They had never seen any timber, and were spite ignuesut of its pro. pertiti; so that one of theist on gigot abated, sod seeing a mast laid upon the deck, attempted to take it sip in his hands, an if be conceived It to be devoid of weight. Another sof them, on being taint into the cam', and thews his image i • a mirror, started bscli with surprise, mid could out, oath' after repeated assurauces and esprit meats, be convisiced that there eras not some person behind the mirmse. They appeared to hare ail idea of a God, sir of • totem stale; Nos do they seem, from whist we con kno ll , to hot. e say meanies, but supposed themselves sole muuarchs of the ouiverse." Viiteount Dinn.Et ANn WAno, we are happy to say, is in a state or convalestener. Mr. PRILIPEti concluded his engagement at the New York Theatre nil the 49th last. in the charac ter of Lord Ainsworth, in The Maid of the Mill. and of Patrick, in The Pour Soldier. The gas-pipes already laid down in London mett• Sore sixty-five miles. COROXISS.--Mr. HIGGS, the solicitor, has been appointed Deputy Coroner f..r the City or %V v ..- 'Muster, by the Dean and Chapter, vice Ducat LEWIS, Esq. resigned. A ere brake out yesterday ttfteritonn in Fyre-ttreet, Cold Ibith-sertnre, at the house of Mr Cunard, a dealer in butter, awe • Slr tgheppard, a baktr, the sdin* • holm, whirl) eatille4 treat alarm. The tipper part or tin. drat house wall arTiOwala flaiwawat. and ciontidersble property was dr.troyed. II is stoppoweal that the accident torigonaitol on the following canner: —A person who resided 114 the Wilier atery term front home foe a short tittle, lea. one • lint in the gre or, whit a eonilsonniratrd to • bell sod to the other fursnoure, mid de stroyed it ; but for the airiest of the pinrish elite.. the gor mists would, its all probability, hire been oleo destroyed. L. 41 11 IitTELLICENCE. . . VICE-CHANCELIMUS COCIiy , ITVSTIIINSCIR, WEDNESDAY, NtIVESIIIED 2S. - • • Mr-Aerie IA 1 / 4 c staffer br the sutrolti est' the cotat. Sir A. PIGADTY ilia, Ihiswaa s twiner* a I.i. I; ought to Ise wade before the Lord Chaste, Ihsr, but he was afraid, frost his LordobipV eoolionell indisposithou I.e «wild out be able to matte it this Trios. Il e had therefore to request his Hoover winild take it. fly the Act of •Porlsomeut of the Bth of the King the Accountant-General way dir.rie.l to lay out, Is the public funds, 200,0001. of 014..5110MA . Ilt ~,,, .y in his hands. Th.- Lord Chancellor had, on a aintitur motion , directed that I 00,11101. should he so dispused of The p..•- seat caution was, that his It. 1111 l or woohl truest au ord.r for the disposal of the ' , relent 101101410 i, which wisald fulfil the iistesithins of the Legislature. I The Ylet-CHANCELLOII--". 1 Cl. per op nhjertion In soy graitiag the ureter. Let it he dn•an op in the same form as theme granted by the Lord Chouccllor." Allotiod grauted. 'Any EMILY VANE TEMPERY, a 'Veer aid a 11 used of CoUrt. O N her we.rt friend, M. A. TAYLOR, Lay. U. aims. the CoILINTEM of •NTEIN, and 'eirilen.S. Mi. BELL stated, he had to rd quest of his Honour that the two motions in thin case might be allowed to be atm iiollll4 on frobiy.- His Honou r had decided them, subject to any objection Mr. Hart taught have to 'slake (he rot being peilsesit on thatatension.) The Vacit-Citastei.t.na—g , When this rase was before mentioned to me. I must have been greatly istieuiolersiodif. fiom vlateusenis I have seen. The impresaion I wished to make by what I did say was, lid, I could not eountruaue•e ■ppliratimu made to me to remove toisiness from my paper to dent of the Lord Chaueellor'a,alll I 11341 a CiiiiVerPnljOil his lordship , 11l %hid, be informed me that be would• scud every thing to me that hr iniasiiily as the pressure of appeals cams so heavy on him, nod which be alone could low', that he anxiously desired to give thein the pieferruce. After this CUlPlllllloiCiliOn being mimic SO me, I considered myself performing 11b0 more than Ilse duties of my office iu not wishing business that I could hear hi inte.fere with itis Lunt ▪ I bare never been in the habit of paying such coin. laments as have been rejsurleil as issuing from the seal wit itistice."t—(//br what' his Rogow- Din iletua/Pf eon ►e femur waviest, see this Paper of 7'rierviaa ►he 24th ieef.t► Mr. BELL Nett Mr. Hoek. aai.l, 11,.1 the% hail understatild whet had Giles from his Honour on the forrneroccaskin tu be. to the saute tired he bad sow stated, cud dory Bid 5511 doubt bet it was on felt thruisithout die Bar. The Vtcel'itaticei-Luet—" I thought it necessary to say an much, afraid the Bar might be misled by the mi•tnte. meat. If Mr. Hart has any thing to say on these mutious, will hese him on Friday." The neenlinder of the day was occupied in hearieg de. morrers and exceptions signed, of uo interest cacept to the parties conceriied. COVIIT OF KINGS BENCH, Wyrnitmcit, WeDMkSDAT, Nrivvmum 25. MEL . • TII6 ROG, 01 lhe prorecrliox of THORPE, LL WILANCIS GOA," Esq. The Def. nano, its this ease, who was formerly Liente naist.Governor of Upper ('an lila, was tried at the Westuaiii ster sittings after last Trinity Term, before the present Chief Justice, on an indictment, charging him with having canoed lo lie printed MO pilblidled a false and malicious libel, of Lad concerning Hr. Thorpe, who, some lime previos,r to the publicaliow of the libel, had acted as Chief Justice of the province. At the trial, Mr. Serjeaut Firth, who had filled the situation of Attorney-General of the province after Dr. Thorpe bail left it, proved the publication of the libel. He stated that the Defendant had produced to him, at the Go vernment-Huuse, a sionsplidet *addressed to Lord Castlereagh No owe was present beside themselves at the time. The De fenders delivered the pamphlet containing the libel to - sits nras. He took it oust of a box, in which there was a consi derable number. He did nut think it would have been shewn to bias if he had not been Attorney General, or bail nut held some office ender GUVri* 1111 l procured, by sum, meats, sir oilier. the Lieutenant-Governor's confidence. He could nut consider the communication as omelet, be cause he was nut directed to du any thing with respect to it. He, ho.rever, thought the communication was made to put, Itim in possession of matters conuected with the state of the colony. He certainly gave advice in consequence of the commonicatiou, but lire pamphlet was not put tuba his baud for that purpose. Mr. Serjeant COPLEY, at the time, objected to the pimpla• let twin received in evidence, on the grinind that it was se official communication from the Lieoteuant-Dovernor to the Attorney.Hesteral, awl ought nut to be disclosed. The I.earned Judo. ..trebled that it should he received in evi dence, but left it open to Defendant's Counsel to move, on this mins', fur a rule to she, cause why the verdict of o•Hip shush) sot be set aside, and a verdict entered fur the De fondant. Last Term Mr. Serjeant Copley moved for sad ob tained the rule NW—against which Mr. Scant-ree now chewed rave. He observed, that when, at the trial, Air. &viten' Firth was asked to state what took place bets/wen the Lieitt.-Goverour and himself, his Learned Friend (Serjemst Copley) objected to the question beta( answered—suit said " I will eves ma'am* a step farther, and comma, that every thing communicated by the Lieut.-Governor to the Atturney•Grueral, is, in its nature, Glacial sad confidential." He could not subscribe to this proposition. Surely an invitation to dinner, which, but for bolding the situations of Attoroey•General, the individual wuuhl not perhaps receive—or a request that be would sit in a box with the LienteGuvertine and Isis family at the play—were not to be deemed official and confideutial corn manicatious ! His Lammed Friend's proposition would not be CM tied so far by the Court as to decide, that every cum maisitatien wit:eh took place, in consequence of the intimacy that naturally subsisted betweee perilous in office, was to be considered of * political and private character, because made by one official man to soother. " I doss . ' mean to mai,* obverted Hr. tier jeant Firth in his evidence, " that the Go veruur would bare abewcil me this pamphlet, if I hail not brow Atturrieptieneral." Why, perhaps, if lie bail not held that situatiou, be would not have proceeded at all to the Go vernor'a house. " fiat," continued he, " I gave him advice on it." He (Mr. Sea, lot) amoral to know what that advice was. Hut his questioa as, objected In. Now, it was very likely, bad it been answered, it would have proved that thin communication was not official. The Lient..Governor, for instance, and he in• rely supposed a case, milt say, "See what a vile Chief Justice we have had. Look at this pamplie let—it gives uu itfeolll.l of him, sad will manse you." In answer to this, the Attorney. General might say, " It comp ering libellous matter, and I advise lon not to publish it." ‘Vould not such an answer chew that it was not an official commitrie 'lion? The Learned Counsel, MI the other side, Omuta tartainly have permitted au answer its be gisisi, with eloper, to the advice which. the Altioney-General bail idr-reil—and Dien, in all probability, the whole matter would h.iss been explained. It w. is mittens' to look at the 111111 l 1111.11 at. MS itself. it was a tissue of the most foul eslitiosy sisal ever issued front the press—pAuting out Dr. 7hutpr out only as a ,11•11 unworthy of nay species of confidence, but as an individual who wished t o firs the colony lit • Anal. Whets their Letrilships CaMe to pass the jndgm.dit til the Conti WI the lh•frud,wl , they woohlt way, whether they eintreived it p.•cstb.e that sot Is a complicit could be intrioitd SW mil es3.l%,ii COlll/11U1./VIIiOII, fur 011ie pill that of ,Irktriste the .AitUllll4l-Cellellel to it,. his duty, and inioterutr the :indoor sir i t . I n c idsci 4 ,•,,,„, use Learned C.toisel submitted, tliat the Court could um, in this instinct, confound dust sort of flail 101 l Witch was the result of Is in, is i.f sit uiveacy, oith that, which, Seoul Its natuse. oil ci .1 Ai (told' 4,641. • Slr. fkojestit eoP4I:Y, it. impport of the role, di Died il , at I e had I .td du.rnestensAr a proposition as hes Learned friend had imputed to him. %%hat he maintained ars, that 1111 l MUM , Niitoll m it) the Governor of • prov i nce, Vali. 4. to the Atturtiete-Geier I, revielin per b oos o h o brill publicryyaalious in that l •inee, a n d ahu were sup fuinia party there, as far as their public woduct was clAterter , r, was a pritilegiil publication. It Ira+. Du Ciat grooad be contended lie document ought not to fr. re. crived. Mast was the pamphlet—and why w.. 6 it print...! A party was arid to exist in the colouy, to which the Flo 'weldor was supposed to have belonge I. He meant not to decide whether the fart were true ur not. A person, ll2llll[ll Wilcox, remained iu the province, after the.Prosecutoi 1i..1 gone away, who was stated to be oct:ve in keeping op palsy. They bad a uetstpaper, entitled, The Guardi:.4, thiough which their opioitms were sent forth to the public. The pamphlet in question wis written in answer to another, the production of a Mr. Jackson, eying an .ccoul.t ut thr state of Upper flusada. This answer, .ent,rely connected with public matters, wet: hanJrd in the Attorney Getter-Al of the p'tovinte, in the Goveriinrout House. Nuw. as tints .4. /In evidence or bat at the time, and, "tilt !e -sp.. t to that, :lore was a r omplete blank, he sot 114 t this must h e considered a confident c ..... inunicaticin--au 01Ac..1 account of a Party iti ohs: pnwince given to the Att orne y-G oner: l b y t h e Lieu tertant-dovernue, in the Goverument-House, the usual pl.trx fur the transaction of business relative to di?. colony. N. re they to hear of the Secretary of Slate, in this country, mat - tug. in private, a cothmunicalion relative to a party, would it Ilia be considered a contideofitt,l communication ?. If thew were allowed at home, it was still More necessary that it should be permitted abiend, where the Governor had, per haps, only sue pastime() IC7III to fur advice! The present, he contended, was truly an • official communication. He need riot, how. vin o go so frr as that. • It wag• sufficient for his purpose, if he could that, prima : facie, it nun it privileged communication—and then he would examine whe ther there was an, thing that took this ease from under the geurrial. rule. There was a complete blank IR toe mind it Mr. Serjeaot Firth uti the subject. He, in e (Ted, declared that he knew nothing about it. He was asked his opiniot.— hut his upiuton amounted to twitting. It w. 1.4 for h e n to siipply the Court with facts. Nothing spy, arid to brie passed at the time, heroine sunshine Was staled to hive piss ed. Resting here, Ail would rashly him to make I ll!R 11 1 / 4 RIIIIC Rot be sifted the opinion of Mr. S..jernt Firth, NMI lie slated that his only reason fur not thii.kiet the corn ' mbuiention official, was, because be was uut directed to du any thing M. 0." The CHIeF .11USTICle--" See whether this evidence dors not negative your proposition So, jeant Firth sa”, tlt certainly was not a eommuitication to use as Attorney_(;,-_ sprat.' And on further inquir!, he stairs • the panipho t was not delivered to Ale fur any Instruction or guidance to the office of Allorney-Gtaemr." lite:Serjeint Cort.sy•-" The whole evitlener • ta ken In. raboil, 'hewed what those phreres meant; ti...nrly, that nuthi”g paiKed on this oce.iviots " ovull—" sag directed to do twitting. I rer..l!,rt Slott was slated at the time I was not order. .1 to tat., pr... eeedinea on she occasion-11nd, the,. ft , l 1 . , I ronroler that it was nut an facial 11111111111 M Clll.ll II r 11111 , i not, however, have Iwo commnnirat d ~.:m-, if I I:1.1 oot been Aitortiejt•Georral, or held *woe siloati,:o undo, Go vernment." _ Mr. Justice flxvt.rT—u Or •therwiee obtaimtl ".e Go. seniors confidence r Mr. Serjeant Cort.v.V—" It all resolved itself icto this, that nothing palmed on the uccasion--mid lie only stated, that fads ought to have been produreti, to pt t i,ve what or. cored, instead of being guided by vague and imieGuite thoughts.r • The Cum` JiWlrier-- 4 The affirmative lay en you. It was foryoN to prove that the communication wan official." Mr. Serjeant COetAV—a 1 say, that, pri.na fine. the meeting between the Attorney...Gropedl mid tine lo no emit- G.iverour was ufliciel—and, if it *cre so, I lad no right to prove their einiversatiou." The entry Josvice—" I excluded their conversation but I could not lefuse the onottddet." Mr. Red. sat Cort.eY—" That ehiels prism's, either in writing qr conversation, betwerli the Lieutenant-Given:or. and the Attorney• General, is, I contend, prima fac , r, ps i. vilegyd. If this be nut allowed, then the •tliintativi• i. on me, and I am called on to extract Crum Mr. Firth, what lee! bas forgotten for many yeses." Mr. Justice Flviturx—" It le privileged, I apprehend, ins the as the quo cusitito with which the conimoditestiodi made." Mr. Serjeant Coemtv--" If an improper motive can hi! elsewn, then it is not privileged—but we are not to momine improper motives: they most be proved by circumstances; Ibis lay on the other side. It is for my Limited Fliesid le prove the 1111110V111. This case is Of very great importance— for it would he exceedingly hard, if an Attorney-Cr/merit were to be tolled on, many years after circumstances had been transacted, to state cabal unseal al lllllttegl sr periods. As to the quo athor), Mr Firth said, lie his • samisiation, it was impossible for him In know what paned at the tone in the Lieutenant-Governor's mind. If lam right in my 'le onine), that all comainnications of this nature, tictirei ii sit Attorney• General sod a Governor, are, Trims facie, privi leged, then the lies on the other side, to prove the qe.o amino—end this they cannot do, for Mr. Firth, the only person present, says be can give no infiirmatio• on the nth ject." Mr. IrOitury was also heard is rapport of the rule, The CHM Jtissrlet.- 0 The °sty question now before the Court is, whether it wit fit nod proper thin this pampa , - lot should be read and submitted to the Jury at the trial -.{what conelasiou they were toddraw from its contents worn imbiber matter)—or whether loosest to hare shut it not sad prevented it from appeathisg. It is contended I to have dose the latter, because every enninsunicititio twits persona standing is the situation in a hich the D, i• ». deist sad the witness stood et the lime, the one heitit t;dd. venter sad the other Attorney-General, is, pelmet s fue;e, privileged—and thil then the ones lies ow the side of ifss Plaintiff to prove the feeling which inaueureal the publica tion. Now, I think this is too broad a proposition-I.r • tommunicsitiou, to he privileged, must relate, in some way, to the slice and duty of one or other of the parties—and it is too much to say, that s communica tion is to be so privileged, which has nothing to do with the Glacial duty of either. Rat allowing all erminianicati tttt sof this ammo to he prime Ade privileged, it was to lie most. dared whether the present case was taken out of that rii!e, by other eivcomstances. Here the Plaintiff permed, siege. tively, that it wits not such a eonsitionicatmst, by the ini:y evidence that could be proilm el. Mr. Firth 'laid he did not consider it an official coraniuntratimt, fiecanse he was lot directed to do say thing in it. He looked upon it as a pow iiia nod confidential cummuniemion. The pomphlet, lie amid, was not delivered to him for his instreirtion, giiiibiner, or government, in his office of Attorney-feemeral—ni•r was at lout in his hands for the purpose of advice. It lippeeta 'u me that a privileged caninsunication (and I would rot oar. row the liberty of obaervatiddo which persons in office should freely exercise) is a very different 'biog. This is a pruned pamphlet, relating to what lunch taken place at an anterior period. It way not delivered for she iustructiini, or government of the Ationiey-Geseral—cor for the pill p...e o f mieuring his odsrec o n it. I *mild give the Whet tat it tide to the i ntereonne, for purposes of advice, bet wren pa. ties thus situated—bit this was much beyond bounds. Even admit ting that the CMOS tly ow the other side to prove the feeling, alitl it appears to are that what was dune al the foal n.is tight—that I was correct is suffering the intinphlet le go to the Jury. I thong'', in then, mud I think so Poll" In this opinion Mr. Justice BAYLEY and Mr. Justice Got.- ROVD rrcd Rule discharged. _ Ali Foriaßt.rre said, the D. fondant was present, lint Le had nothing in pray on the subj . , et. The matter 4.Ulittl 'Lind ovtw tlll next Term. COIZON Eng. THE KING t. THE J;:arti..Es oxtoßostitati. On a former idly, Mr • fAilial rum nbt im. a rule tu -hew cans• why a tesamilamtis tlinsuld nut be tecard to the Ma. i4ll ors e,l OsLadsh.rr , MI (limiter St . unuls assinibled, or Milli to alluo the artuntit of Mr. (keit, li.e C the roan;), m 14.1 demanded 20s. fur t•ath itique at lie ltrriiirti, nnn•s - tat r 111 r mile fur b:s 1.1 and from the place whe.e the Itilit.Fi was Lel•1 The Jas. lie.** sere ri% • in ..hat tH4.11 a.a•ay. 1.1 fht habit of puyinc 20s. tor iwiai•iti the ItHitifol, •311 nine-pence per tank fur hi.. junrin y 10.1. vie Ae% ell crud. . i.titisl the risk . . Misie; vile • the p,o , stim. int aria, I one, 3', be •n • of Ih. ('.aeon. • y acre • 1: • 4 additional chwiTP. lie 'nomad his oppusaii ;. moluMMOlllEd7