The British Press; or, Morning Literary Advertiser. — London, England, 1809-04-01 00:00:00

..., .. F ' .... F, ! . . . . • 1111 time l ess*, now Were the Cofiri . eitesea mit to be nettretiely underitonel. - The. CorporatiOu lead • Clen ordinates, dinwtiug vertane bona...a to be i eliphed.• His e(imils, the occupiers of those Louses (who claimed aige. as Isropeteeuni of thing; subject toe quit remilkftittel a bill, asel•elstai ued no injuiection to prevent thei,Corpostition.froin earrys iog that ordinance jute effeeds. ; The •Plaintiffs con teuded, that whether they were the owners of the property, as they claimed to be, or only tenants of the Corporation, as the Corporation preteseiled, the iojuuctioii must be confirmed amid etnitinued. They maintained, thst whatever might he the rights of the Corporation, those rights must be ex ercised, not in a summery or violent manner, but according to law. 'fhe i uterferenve of the District attorney, in the present stage of the proceedings, Would only serve to embarrass them, without being productive of any advantage for the shim which he sets tip. Certainly the Corporation should not Ire permitted to use any other method than judi cial process to dispossess the Petitioners, if the Pe • citioners should evil] appear to lie their tenants, as the Counsel for the city alleged. Mr. Gamuts said, that this Court had jnrisdie tion concerning rights, bat not cmicerning those powers which the sovmeigaity conferred on bodies potitic. The Corporetion of New Orleans derived their powers from the sovereignty, mid if they ex ceed them. the Legislature alone were competent to correct the abuse. The Gentleinain had made out observation relative to the taking po,sessisti of the &wore, which observation he felt himself bound to notice, as similar remarks had been too often made in this Court and in other places. That Gentle man pretended to entertain u great reverence rot the law, when iii fact he disregarded the law, end did not wish to live 111 any country iu winch the laws prevailed.—From such a man, a vindication of the law came with a very ill grace. It had long been fiishionalde here to tibiae the Government,. to cemenre its measures, and to ridicule its officers. For his own part, he would out suffer this to he done in his presence. Mr. WORKMAN said, that in no other place would the District-Attoraey dare to make use of such language towards him. Judge Lewis declared, that Mr. Workman had not made use of any disrespectful or improper ex pressions concerimi u 4 the Goversiment or its officers. Ehe remarks of Mr. Gryeues were unprovoked and. u.ij is Ai fiable. - .Ir. Grtirstui said, lie deemed it proper to notice wing had fallen from Mr. 11'Orkisiall. its to the force made OA of on the part of the Culled Slates, is bikini.; possession of the ?velem, because he thought it one of that class of observation's which were so frequent, toth in and out of Court. and which, in his °peewee scenes-idle s pmettsled 7 fru:n a meted toothy to the Goeeeiteaut„ Mr. LS'oexass—" My *Bush* to the taking Elneessisu of the bemire. by the orders of the elleetilse, was in cousequenceof Mr. Grynees him self !twist first called the attention of the Court to that eol4ect. I did not expels any opinion whatever of the measenre: I merely stated a fact,, which is notorious to the public, that a possessor of property in this territoey had been dispewoeiwed of. it by ftwete—These,Sihieed them fully. were my ream sons-for noticing the trunseetiou ; and Ido further senora the Court, that ?Petty person charges me with entertaining a rooted enmity to this Govern vomit, that person mesons a falselmod." Hereupon Mr. Chyme* tone up a pewter ink . OWL sad threw it with greitt violence at Mr. Workman's head ; bet it flertustately missed him. The ink which it contained was scattered over se veral of the attorneys einU eystiowlera. The Crier • sf the Court took Mr. Gryiseee into custody. When the tennult oreasiostel by this emit hod subsided. Jedge Lewis gammen(' his regret and indignation at the occurtellete, Mr. Di acAw, us reptsienelmg the Attorney-Ge neral of the territory, susegeetsfe4 the propriety of ruling both she gentlemen to ogwear iii open Court, st 10 o'clock next morning, to emitter for what had; •happened, and of binding theett o bt,reseogeizahte to keep the peace in the mean tinge.. " This suggestion was adopted by the Court; and both parties were arrorilingly bound over in the sum of 300 dollars each. On Saturday morning, Mr.Wontotile appeared, sail mls!reaseci this Court, as follows :—.. As the whole of the trasaction, concerning wineli I num I now caitiff upon, passed in the presence of the Court, it will not be requisite fur me to say iniii,v wools on the subject ; more espemiallv, mis the Court has already declared its opinion. There porwere, however, one or two ex;sressions, used by one, which, I sin told, require explanation. I stated, I believe, that in no other place would *Mr. Gryines have dared to insult me. The Court may have, imnagimd, th it I spoke t rirtieolsrly of this very Count. I assure them that was nit my meaning; and I sin *lnmost equally confident that nu such infereece could be fairly cl-aca from my language. The iiii port of what I said I think *elec./idea. My iuten tint' was to state, that a Court of Justice was chosen by Mr. Cremes as the safest place iii which to in sult me, ossaccount of the protection which a Court ofJostice was generally supposed to afford. With t eepect to toy usser:ion, disclaiming enmity to the, Government, I beg the Court to consider the ag- , gravatrel primvoemitio.i. which that assertion was lereleeedi The solace atom me seemed to hart burn premeditated by Mr. Gryines fiaus the • c mencrinerit of his 'h....nurse ; and fur what real eause, I pouted' could 11.4 then, nor call I yet, t mijertiire. But iu whatever I have asserted or in- ' sionated, I assort. the Court that notion : , was fnr- Aber from my mime dials to fel'er it the sli t :eldest di,- Mr114.4 . t. 1 ap p eal to my uniform COTI4.II.ICt while a Member of this 13:11', a: the best criteriate he which to judge of my iiitent;ouse ; I appeal to every one ..f my colleigues whether I hove ever infringed oil the sh.e•nrusii of the profeo.ion ? whether I have ever wor n dad any of their feelitess—whether at all times and ou all or celione I have net etelleavntred to empeott the dignity of the Court, and the reign of the law r JOllte h,awie said, that, oo the first point, ex , plighted by Mr. Workmate, the Court were per ifettly eatis6erf. • As to the other point, they were of opinion, that he hi n t nerd me intemperate ex peeseeton. the less joeitifiable. seethe Court had be fore interfered used wououneed. shah. diid robo tism of the offensive need uppitsooked %menage of Lt. 0 . train: The . I measur e they wen sheet id .....:..r _ti_ , . 1. • take wasextremely painful to their feelings. They must declare, in justia * to Mr. tVorkeian, that .this was the only time' he had ever, subjected himself to their disapprobation. At the bar he was uniformly decorous towards the members of hts prufessiois, and respectful towards the Court: His practice was fair and liberal, and his conduct, in every respect, so far as it had fallen under their observatiou, was honourable and correct. The Court then ordered Mr. NVorkinan to be im prisoned &lurk; eight hours, and lined twenty-live dollars. Satin after the ease of Mr. G rytnes was discussed. It was strenuously contended, oil his part, that in terrogeories ought to be exhibited to him, that he might have an opportunity of purging himself of the alleged contempt of Court, upon oath. Judge Lsuits--.. I conceive interrogatories to be unnecessary, when the offence has ,peen committed under the eyes of the Court. The Court knows then every fact necessary to lie known, and the ausivcrs of the party could be of no possible utility, except in explaining his intentions ; but in the present case the intention is not the thing to be considered. I am willing to believe that the Attorney of the United States did not intend u personal insult to the Bench, but the act was nevertheless a contempt of this Court. It is painful to me to exert the powers of this Court, on skis ra•easion, for the pur pose of punishing one of its officers : but an exam ple is necessary to teach the peop:e of this country, who bare sliewn themselves but too much disposed to infringe it, the respect due to Courts of .• mime. Your conduct, Sir, has been in the highest degree indecorous and improper; your language, was rude and insulting ; u scene similar to that of yesterday has never, I believe, been exhibited in any Court of Justice. " Until that unfortunate transaction, it had been my pride to preside over a Ear where the greetest propriety of conduct and liberality of practice ex isted. " It is not I assure you to gratify any personal remiitment that the C-art now puni-lies you ; it is only to preserve its dignity, aiirrto prevent the re currence of writes so disgraceful and humiliating. the Court orders that you be committed to prison, for the spree of eight hours, and that yon do pay a tine of twenty-five dollurs." Immediately after the occurrence in Court, on Friday, Mr. Workman sent a ines.mge to Mr. ( byines, to demand of him the just satisfaictiou to lie considered himself entitled. Mr. G. was waited upon by the friend of the former, three se em al times in the course of Friday, and on Sour ' day morning, to receive his answer, which he at length gave on Saturday night, (being tho fourth time or its !whir, required), uhodutely and definitively, the meeting to which he was its cited. The next morning the following hand-bill was posted up at the Exchange Coffee-house, and other public places " Philip Grymes, District-Attorney of the United States, haviag refused to give me the satisfaction due to a geotkman, after buying publicly insulted me, I'ileclaee the said Philip (lryines to be a cow ard. JAMES %YORK 5( AN, Counsellor at Law." " Fetw-Otleasis, Nor. s 7, t ars " On Monday. a paper appeared also on the part of Mr. Gryines. It contained, first, the preceding publication of Mr. Workman, aud immediately after it was this remark : " P. Gryines cannot stoop to make any other re ply to the lionouraide Judge Vt'erkman, thee that which his friend Mr. P. D. F.,ley has doubtless communicated to his liouour; to the public he owes the following apology." This apology consists of the copy of an in dictment for alleged high political offences, which, indictment was found against Judge Work man at a time of general alarm, when mob mis conception and misrepresentation prevailed. hest the judginc:it of some of our best citizens was disturbed, if not biassed, by the upper.- dtension of danger, and when Judge Wurktnan, iu his official capacity, was opposing, as crintiary to the Conetitution and the Laws, the measures deem ed by, many to be eeseotiul to the public safety. It is a fact Otto. that all the witnesses who had been eel:Mord against him, before the Grand Juries, wereexamined,luit the part of the prosecutiou, as to every matter with which he hel been charged, when lie was tried before the District Court; and that, without adducing any testimony, ur offering any argument in his defence, he left the case as it stood, to the Jury, who retired, tied immediately brought in their siadiet—Not Mr. Grymes colichnles his paper with the fol lowing obsertation : " Airy Geieletnaii who may. feel himself in jnred by my observations in Court, on Friday last, and alio has any thing like character to defend. win tier 1 deserve the impotation of rorardice. or not? P. Gavues. " NeicDtlearei, Nue. ctii, 1•14." No. I.—Proceedings hi the Superior Court of the Territory of Orleans, Deemober 3, MO. • Present, TLe How. Joint • Lewis. This morning, a rule of Court was male (with not as y previous affidavit, motion, or notice), and served npon James Workman, Emq. a Couusellor and Attorney of the Court, ordering him " to *hew cause, testa dee, why ha should not he excluded from the Bar of this Court. for causing to be pnb !jibed, in The Orleans Gazette, of the 2d inst. a manifest perversion of the observatious made by the Court, its therein stated." Mr. Workman immediately appeared in °beer.- euce to this rule. 'flue Juocan then proceeded to state the particu lars or the alleged contempt. Ile read some pas sages from the Whited report ahove-mentioned, of his observations nil the conduct of Mr. Gryrnee. when he had ordered him to be imprisoned for the occurrence which took place in the Court on the t .Ith of Nov. lle declared that he had not made the obeervutions attributed to him, in that report, re spectiog Mr. Gryines ; that they were calculated to wound the feelings and injure the reputation of that genteerneis,•and that to represent such remarks 1 as coining from the Court, was a high coutempt of Court. Mr. WORKMAN , asked whether the Court would allow any witnesses to be examined ? 'flue Areottnes-Getirest. considered the ap pliesition as no sdalitioual insult to the Conrt.—.. Their outs declaration, a. to the correctness of their opiuiona might not to Le controverted. Mr. KEltn, se the friend of Mr. W. observed, - that, the opinion of the lion. Judge, r,specting Mr. Gryines. was delivered whets Mr. W. was out of Court. That opinion, as it was stated in sub stance in the newspapers, Ilk, he believed, been communicated to Mr. IVorkinan and others, by several gentlemen of veracity, who had heard it. Mr. DETEXAC said, ,that he had communi cated to Mr. Workman the judge's observations ou committing Mr. Grytnes be had made-the statement according to the best or his recollection; aud'his memory was in general rein:irk:46ly reten tive and correct. He had believed and still be lieved that his statement was substautially faith ful : at all events, he did not hesitate to declare, that the observations which it attributed to the lion, Judge, on the conduct of Mr. Ur) me*, t' ere such as that conduct merited, wet such as the Hon. Judge in:glit with propriety have made. lf, ' however, this report contained any thing &Terrine, of punishment. it was upon hint (Mr. D.) the au thor, and not upon Mr. W. that the punishment ought to fall. The rule was however made absolute. FROM THE FREEMAN'S JOURNAL. FROM ova COILKESPONDENT AT WA.HiNUTON, MONDAY, .I•HILJAKY 30. ARMY BILL. On motion of Mr. D. B. Wm flame, the Army .Bill was ordered to lie upon the table, in order that Mr. Nicholas's and Mr. Bacon's Roe)lutious might be tuken up, NEW DUTIES. Mr. W. A Lime called for the Order of the Day upon the 13i11 for doubling the duties upon impel odious ; but the House refused to take at up, only thirty voting in the affirmative. REPEAL OF THE EMBARGO AND ARMED COM MERCE. The House resolved itself into a Committee of the whole upon the Resolutions moved by 31r. Ni cholas and Mr. Bacon. • Mr. Bacos in the Chair. Mr. MILNOII. called fur a division on the first Re. solution, iii order to take a question upon the Re peal of the Embargo only, and moved to fill the blank, for the time on which the repeal is to com rueuce, with the 4th day of March next. Mr. RANDOLPH urged the propriety of filling the blank with an earlier dm.: lie observed; that he had received information, that, iu the Northern part of the Union, the Embargo Laws were, in the broad glare of day, not evaded, but utterly disre garded. Sleighs, in vast numbers, were constant ly passing from the United States into Cmada. la den, pint only with the products of the Northers States, but with those of the Southern, particu larly cotton. The Canadian ports would be closed by the ice longer than our ow u, and if the Em bargo should be immediately repealed, we should, ourselves, reap benefits that would otherwise ex elusively accrue to the violator* of our Inns, and the Canadian capitalists. 31r. Mtmtue made a few remarks, explanatory of the reasons which irultired him to move a parti eulur day, although he was, himself, desirous of an immediate repeal. Mr. NICHoLAS having taken his seat, expressed a wish that the gentleman from Penney lvania would withdraw hie motion, as he wished to submit a me. ditication of his original proposition. This Mr. Musiort declined doing. Considerable couversatiou ensued. Mr. Erre, moved to till the blank with Pie Ist day of June,- which motion superseded that of Mr. Manor. At this point of the proceedings, a Message was recei. ed limn the President of the United States, upon which the Speaker resumed the chair, and the Al. ,sage was rend by unanimous con: eat. The Message eintvece.l a letter twin Ntr. Can ning to M. Pinkney, dated the Ad of November, in .e .1) to Mr. Piiikeey's of the 10th of that mouth. Mr. Cunni n g tioleatilly &clan s that lie can hid as trace in his memory of the fact stated by Mr. Os& my, that the substance of his iustructions" on the subject of the proposition made to Great Britaiu, was originally communicated to Mr. C. in conver sation. Ile then proceeds, is a strain of the most exquisite Irony, to observe, that, as Mr. l'inkney appeared to have a power sJ nearly absolute over the subject, it was not at all strange that he should have been at a loss to USeefiit;ll tar pre i , e Inuit be t oevu Mr. I).'s vaitioe instructions and his personal discretion Ile also hints, that the most natural manner for accou n ting fur the misunderstanding, is, by supposing that the proposition to the British Government was to be shaped and timed by the result of another proposition to another Covent ! tarot (France.) Saute of these insinuations, Mr. Pinkney, in a reply, of the date of Nov. , 4n, as re ' markably concise as his letter of Nov. loth wum prolix, undertakes to repel. The documents having been read. Mr. MAC • resumed the chair of the Conanittee. Mr. NICHOLAS moved to strike out the w of his Resolution, except the word "Resolved' for the purposeisf introducing a proposition, lowing up that repeal of the einbargo, at a cart day, by letters of marque and reprisal. It Mr. lArna observed, that a declaration of to cotutneuce at a future day, would be a thing in history. He wished to discuss the of the repeal of the embargo, before that was agitated. Mr. NICHOLAS replied, and was followed 1. Mr. DANA, who expressed hie satisfaction -that Gentleman from Virginia had now brought ward an affirmative, specific, practical propositi, instead of the sort of compound negative which Resolution originally involved. As to the decl tint of war at a fnture day, 'a hypothetical de ration of war. belligerent hypothesis, or whatl it might he called, it would be a subject of tut* considarabon. The motion to strike out was carried by a grill majority. Mr. RANDOLPH moved to strike out the w _ " of and insert the word with," is order that the repeal might diets. Negatived. 71 to 311. The question recurred, upon insertin slay of J ape. Mr. MINA strongly urged the policy of an im mediate repeal, from a variety of interesting con siderations'. Mr. D 5 R. Mamma delivered a speech of coo. war sicleruble iengti op/wore:l tote intbriest, as a fullers' eulogy swots the t tolurgtt Mr. LIANA 101.owcd. He contended that the eic a mego trstem wt.. a niAeity .st history or human society, miknown till se.o , from rite earlieg p erio d of recorded time.. lie milt:wed ita fallacy, by is variety of arguments. On the motion of Mr. &mantra, the Com mittee rose shout four o'clnek. I'he Vict:-I'lannttur having retired from the Senate, Mr. MlLLEcius, of (seur6iii, is elected President, pro teturre. Extract of a letter front New Orleans to the Editor, dated November 2), 1540 8:—" The Dti moll of Discord rules in this place with sinie,.isted sway: neither rook nor ege <Scups , s her direful iiilloience—more disputes take place here, than, perhaps, in any other city in the world : stance, on the _6tn instant ..1114e Moav:At• Ltnte insoiked Corns-is-nor LIVIIIIGIITON in Open Court—. a eliallem,te litlluwcd, mud the Judge piii.lii•iy upo• to Mr. LIVINGsTON. On the trill). Clavatt:s, District-Attorney of the Unites! Stut,. ; ,.. grossly Outset! Mc late Judge WORKiI elms, in open Court, arid threw en inkstand sit him: the 'unties were committed to prison for contempt of Court. The day after, WaId:NAN challenged (;RYME3, who refused to tight, becanse, forsoodi, hr conceived WoRKM AN " to he inimical to the Government of the United States;' Woitsit,ts posted liiin Ins a' coward." And on the 2911, hist:int u duel was fought betwipen Captain MSS V, of the Caked States' Artillerists, arid Lieutenant 11'y NtotiAM of the same regiment, which fortunate ly did not prove fatal to either. So we go n— iiiired since the late revolution its Spans, nhiels has relieved Ile from apprehension , ' of a foreign attack, we have heel) involved in a continued series of intestine disitute.". THE MITTISH PRESS. LONDON, SATURDAY, AM,. 1. In consequence of the late advices received from Vienna, the greatest efforts are shout to be immedi ately made by this country, to renew the war in Spina and Portugal, as a diversion to Box APARTE'S 111/Ty. ing his twins into Austria. &cadres GaUulioas of infantry, added totl.ree trigatler of cavalry, are un der oneTti — to be assembled without delay, for om . barkatiou. They will compose more than 13.000 foot; and we have already above 13,000 infantry in Portugal. fly the last returns fr,im Mr. Ditem magn, 4,700 or more soldiers, who had been left behind, or who had separated, in the course of the calamitous retreat from Sa;ntguu to Co mina, hail joined our forces at Lisbon, or at Oporto. The Gallician peasants, as soon as the army of Snout' had passed on, received, concealed, ' and protected all our stragglers ; who. by this means, have been enabled to re-join the British armyin Portugal. Sir ARTHUR WELLESLEY is VA command the forces assembled,• and about to be sent out totlm Continent, whether it be in Anda lusia, Asturia, or Portugal ; be has vacated his seat in Parliament for that purpose, and also re signed the office of Chief-ecretary in Ireland, in "'lnch he will be succeeded by the Right. Hen. THOMAS WALLACE. Austria, it is now believed, must either make every sacrifice demanded by NAPOLEON, or com mence hostilities. She would have begun the at tack a month ago, if we had out been driven out of Spain, just as she was ready to have dt:chired ; and it is ID order to extricate Austria, ton fur ad "woocoil to be able to recede, that we are now about to send another army instantly to the month. In formittion to that purport was sent off, two days apts. to Vienna, by two channels ; on the re ceipt of which intelligence, it is supposed, that the Austrians will starch into Bavaria, if they have not - done so &dreads. Yesterday a Gendarme arrived from Gijon, with dispatches for Lord CANTSWAGU. We understand that they state, that the dietitians are in great force, and full of enthusiasm, that the Marquis of ROMAN A, with 18,000 men, has his head-quar ters at Villa Franca. rad that the remainder of his army, estimated at 12,000, is at Logo. We understand that his Excellency Don Prot o Cseat.t.os has received certain intelligence that Saragossa is not taken, or at least was not taken on the Cith of last month; end that PALAroi 1.1 alive and in good health. There is certaiul3, something auspicious iu the r,ccouut in the French and Dutch Papers, which announced the death of that gallant General; and the capture of that celebrated city. .ter •••••• The Cadmus, of 16 guns, Cate. Wynter, arrived on Tuesday night at Plymouth from Cortm.in, which place she left on the slid last. She sent in a flag of truce the day preceding her departure, to inquire after Major Napier, of the 5011. regiment, which was politely received by the French Marshal Ney, who permitted Major Napier to return to England, oil his parole, on condition that if the Emperor Napoleon did not send for him is three months, he was at liberty ; hut if he was sent for io. that nine, he was to return to France. Twelve wounded soldiers, and 36 women, came in the . Carfatus; they were liberated by Marshal Ney. The corps of Marshal Ney. garrisoned Cornune.and Ferrol. The division of Marshal &mat had com menced its march for Portugal. La Books Citoyenne sloop, of le guns, Captain TnoriPsott, is arrived at Plyieonth, from Gijon, after a passage of eight days. The prentlece of As• twits is represented es displaying gres3 viola and i