The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-12 00:00:00

SPORTING INTELLIGE.Yea. • gEWMARKET JULY MEETING, Ws. WEDNESDAY. JULY 10. p. ) ,“ 141,13 t: fur 3 yr olra, carryingr ol4r vr trl,l•, list. Lb. 6 yr l olds, ltst. 121 b. and aged, 9 4, . t J F,,les'4 ch. h Clotain Absolitte, 6 yrs old • , ri„ Wird...lf. b. in Gratitude. 4 yrs old . 2 .Piiebury'd b. m. Eleanor, aged c o ,th's ch. h. Brighton, aged • • 4 to .2 Captain Absolute, 2to 1 agst Gratitude, 6to it r ylealtur. to (r„Wan1010, Dreadnought. Sgt. 41b. egg Mr. A t e Ist. 21b. R. M heat)-5 to 4on F. G Oshorne's Viza'seth, est. 71b. beat Lord G ro 4. Aeincourt, ast. tlb. Across the Flat, frOga —6 to 4 al uif lp azibth 1; war wief Dushury, 84. 6st. best Mr. R. Boyce D '. 111 b. T wo •yrold Course, bi/grs.--6 to 4on ue- 64, s, Y. n W II ile:nit brother to Merryman,2 yrs old, 6at. b. rec. Two yn old lloiroth's Pimlico, 3 yrs old, est. r. Wag, .5 3 10 .. - —•••••••_. FOREIGN MTELLIGENCE. !sate, JULY 3. The troops on the coast are in motion, and their -'.ers are estimated from 150 to 200.000 men. less than 2,000 vessels are lying ready in the .ad and in the port. The flotilla consists of i mes, being a large kind of vessel, having cannon r d hmrs,-*1 on board, of gun-boats, pinks, and cha- Alps, carrying a 24-pounder. A bason has I.),:en formed in the port of Boo gne, capable of receiving one half of the armed es sels. In O l e port of Vimereaux, two leagues N. o f . •alogne, lie the Imperial cutters, and other armed bipc. The encampments at Boulogne, Estaples, and tixr places, consist of square wooden barracks, .lai•tered on the outside, ranged in three lines, and :silTd from each other by little gardens.— / :tf d itfeur) • sclitEnsfa (itot.i.ann), aoLY We hear that Vice•Admir il De Winter has been aencinted Commander in Chief of the 'Friel Espe c h t i,,n, with permission to hoist his flag on board tterer ship he may chute. f.,:utenant-General Domonceati has returned font the Helder with his Staff, and is arrived in the kis7ue. The Russian Imperial Minister at this Republic wllleAve the Hague ;n the COW'Se of a few ;Lays. The Chattam, of 60 guar, has been put into com m:ssion. GIBRALT.4R, .1u se 6. On the 50th cf last month, the Malta convoy I I England passed this place, with the Atrial/ and Pier6e trigatas the wind being fair, they only bpaiglit to, till they were joined by the vessels lying is the Bay, which were bound to England. Tile Liver/ frigate also sailed with them, to sec tllcm past ladir. Oa the 4.h inst. the /.i.e/y frigate rammed here. 5 . ,. met a Spanish line of battle ship off Cadiz, with waich she exchanged a few broadsides, when the Spnlard put about and returned to Cadiz. Three m :re Spanish line of battle ships were in Cadiz, .all re-2y for sea. 11. e Spaniords have also five sal of she line read atCarthagena, so that they are completely masters of the Mediterranean Se-a at present. The expedition under Sir James Craig is still waiting in the Bb) for orders from England. General. Moreau is at Tangiers, on a party of pleasure to Barbary. 'Three American gun-boats and one mortar-boat arrived to-day from the United States, on their way to Tripoli, which they are going to attack again. The American gun-boats are universally reckoned to be the most complete vessels of the kind ever seen in this Bay, whilst the few English gun-boats here are exaaly the reverse, and are so inferior in every r,spea to those of the Spaniards in their construe tiari, and in rowing or sailing, that the enL my laugh at and despise them. .tune The garrison is perfealy healthy, though a num- Ler of families have already left it, from the appre hension of the fever breaking out again. 'this gees by the ilinpintrite, which sails shortly for Engiand. sck--2crINISCISSIMIbME Wednesday Mr. niters introducct a Gen to His MAJESTY who had been afflicted with a sinsilar disorder in his eyes to His MA J MST , who had undergone an operation, and had recovered. His Nla icsry conversed with him for a considera ble time upon the subjea. Th'r commission given to the Captain of Le rad- I pl . : Le to La Loire, is signed by the Corsican I.:npetue, and runs as follows: •• We, by tne Greet of 640, N... 07 -on 1. Empert.r of the .t:c die. 0. Cwt. greeting," 411f1 then pet on in the usu.' fm.n. The Officer is a Capitaine de Vaisseau, but com mands the above privateer—a circumstance very common in 1759—like Commodore l'aunrr, when he commanded three private ships of war on the ceast of !viand, and was. captured by Captain &tiny r, tlich were fitted out by Dunkirk mer chants. 'l'Le Prussian ship Augusta Phillipiae, from Kn. ringsbmg to Oporto, has been taken by a privateer of Oporto, and carried into Mirams. On the statementof another Paper, we were led to announce the death of the Bishop of Liu IS IC K. It I. with much satisfaCtion, however, we are enabled to contradta, from authority, the report of that ws rths and much respesfted Prelate's death, his Lord ship being at present in good health. I' be precaution of doubling the guards at the Pay al Arsenal, at Woolwich, has been adopted in consty:ence of annther attempt to set fire to it, 11;;h was happily discovered and frustrated early en 5..-nrday morning. A „"arer of yesterday says, " Government has re ceived advice, we understand, of the capture of the lholni‘al. a Spanish ship of the line. The Hanuibal, was severely handled in her affirm with the L'"•'!v , struck to a frigate of 44 gun*, the Illustrious being at the time in sight. The Ilannsbol was for merly a British, 74, anti was taken about five years ::nee in Algesirus Bay, where she grounded within reach of the Spanish battelies.” We have enquired, and do not find that any intelligence, to the above arit, been received at the Admiralty. LAW 00UiT KING's-BIIIO4CH, WEST 41:ISTER, JULY 11. Silting: at Nisi Prins be/bre Lard Er.tcNßowler; H, and a Special Jury. OPERA FRAC Iti. BIRCH v. TRlsi. This was an attion for an assault. The Plaintiff is a person of eminence in his profession, and one of the principal Surgeons of St. Ti:onias% Hospital, and the Defendant a Gentle man of considerable fortune. It appeared from the evidence that the p reties were in the pit of the Opera House on the evening of Saturday the 23.1 February last. An eltercatien took place between them, in the passage 1 %tiling from the orchestra to the boxes, and the Defendant struck the Plaintiff a violent blow on the lir: Itst, winch was followed up by several more on the face, in con sequence of which the latter was confined for a month or six weeks, wholly unable to attend to the business of his profession. One of the witnesses heard the Defendant say that the Plaintiff had offended him, and when he should meet him, he would kick him on the shins. Another stated, that, standing with his back to the orchestra, in the passage to the boxes, he heard the cry of A fig r• ! a Azht ! and several ladies screamed ; he immediately saw the parties flgoting ; they changed eround; the Defendant knocked down the Plaintiff between the seats, and beat him very touch ; his nose bled, and his face was very much bruised; the witness sepa rated them, and got the Defendant back, who, upon being remonstrated with, said, " D—ti him, he shall not tread upon my toes." Townsend, the Police Officer. being there, and hearing his name repeatedly called, separated the parties, and took the Defendant its a coach to the watch-house, who, on the Monday following, was brought before Sir R. Foso, and discharged. Mr. Eftseiue for the Defendant, observed, 'that the appearance of the yellow wig of Mr. Townsend, whom he admitted to ha a very useful 6ficer, had as great an effet upon the riotous part of the audience at Cie Opera, as the sight of Lord Nelson's flag had upon the fleet of the enemy, which he hyped would soon be realised in that gallant Lord's present expedition. the moment Mr. made his appear ance all was conquered, and lie bore off his prize in triumph to the watch-house. From the evidence, it appeared that there was a fair fight, and his friend ('dr. dee v i. ), who WAS an amateur, in exami ning one of the witnesses, had adopted one of their teehnical plutazes—he asked did not the Defendant /Wirer a biow et the Plaintiff ? it was like a case of goods sold and delivered. 'f he principal question was, what was the cause of quarrel ? why, that which was the ancient cause of all man's misfrutanee' " woman." If the cause of quarrel had grown out of a former insult—it the Defendant had left his place,. and went purposely to strike the Plaintiff, it might have been another matter. A kick on the shine was to be construed into malice. propmv ; but what was the fag ? The audience called oat A fi r m l a AV; The pertites changed ground, an! a regular battle ensued ; was it not the natural feeling of English men to cry ont, Klock him down ! konek him dm, ! if the Defendant was beating the other so unmerci fully? but in the technical term, a blow WAS &li vered, and to it they went. There elitist he no doubt, he said, of one of two things, either that the Plaintiff had trod upon the Defendant's toes, or threatened to du so. Much stress had also been laid upon the injury which the Plain tiff had recei ied : a black eye, to be stir?, was an unpleasant thing ; but a little vinegar and brown paper would soon have remedied that. Upon the whole, he thought the Plaintiff had been ill advised to !;ri•lg this sert of ; those sorts of fracas frequently occurred at public places, and it would have answered the justice of the case much better if he hal preferred an iiialielment, where both parties might have an equal hearing. Lord Runtimes observed, that the offence of the Defendant was of a very violent nature, and the decent and respectable coadua of the Plairuilf was highly commendable; from the evidence, it was to be presumed that the Defendant was the first ag gressor, atid, if the Plaintiff did return any blows, it was newt - say for his proteetion arid defence. The ju-y, in considering their verdid, "meld not merely look to the razed of the injury to one individual, but the preservation of the public peace. The jury, atter a short consult loon, found a ter. dift of SOul. damages for the Plaintiff. LIBEL. TROY v. STWOSDS. This was an affirm brought by Dr. Troy, the Ti tular Roman Catholic Archbishop of Di:blin.:47,,ti:.ht the Defendant, an eminent Bookseller, in Peterisos ter-rew, as the publisher of a libel upon him, con taiued an The Anti-Peohia Rrtrirv, acid Magazine, fir July, 1804. This being a cause of great espette non, the Court was greatly crowded. The Earls of Fingal and Camden, Viscounts Sidmouth and Castlereagh, and the Right Hon. William Wickham, sat on the Bench with Lord ELeirs tioecouott. At an early period, Mr. ERIK'S& intimated to the Court, that lie could not examine Earl Camden, Viscounts Sidmonth and Castlereagh. according to the rules of evidence , and therefore dal not wish to detain them. *their Lordships soon alter retired. Mr. It MAINE, for the Plaintiff, stated this to he a case of very great importance, which, both in point of malignity and in point of damage. called loudly for the interference of a hi stash Jury. If the cause which had been jag tried, where blood WAS provoked, and the person disfigured and wounded, celled for large damages, how much more must the present case call upon them ? When the spirit is wounded, and the character defamed' in cold blood by the puolication of a lib.), which by a side wind sought to overiurn the Plaintiff's good name. It had been said i n the former cause, that the public cause will mil itself with that of in dividuals ; how much more so will it, when a great body of His Majebry's subjeas axe nabbed through the side, when merit the most distinguished was made the °bk.& of calumny ? if Dr. Troy had been as other del .: um:is, merely content to do his duty privately, he would DUI have attreaed the notice of the caluniniator ; but, called upon by his slaty to his God and an his Sovereign, he stepped forward in the time of danger as a minister of the Gospel, and made use of that influence which his fun:lions had given him over his flick, to call upon them not to mix with LIC.ASOD. With ieditiou, or rebellion. lie leroveseeel Very teat anxiety Weed hi this He said, if ever merit seas a tolid ad ventage to the community, it waiein the person and mind of this wetted:id and unoffending Plain tiff: he was not one of those used to deelama iron against any particular sea this gentleman was a Roman Catholic, he himself was not only a Protestant but derived from the very essence of prtliestantism, and no than could be more attached to his own persuasion. " Since the time of our Re deerier' and his Apostles, the first dawning of nrisrianity was the great sire of the Reformation, C hick so wonderfully tended to homelike and unite th e world. With the sister couistry (as she was formerly called), now so united to us in the bond. of friendship arid confidence, we might defy the em battled world." He continued, " I mean not to en ter into any religious controversy. That question, which was lately discussed with so much honour, so much mildness, and so much temper, in both [louses of Parliament, has given to the Catholic world great satisfaaion. The Learned Judge on the Bench, who has delivered his opinion npon this set:Jen i !another place, will, I know,considerDr.Troy standing here a calumniated individual, and do him that justice which he required at his hands. This in jured Gentleman is held out in this libel to be a traitor to his God and to his Sovereign, making use of the cloak of religion to propagate sedition and treason. You, Gentlemen, will feel it your duty to deliver him from this calumny by your verdict ; but no money can be a compensation fur a calumny of this description. What setistaftion could it he to him that he had money at his Banger's, or would you think the better of him for accumuleting a large sum ? No: but you will let the slander and vindica• tion go down to posterity together. The EngiOli Government has lung been a Government of tolerA thin : we know so many calamities of the human race have arisen from differences in religion, that our wise and beneticent Government have taken care to smooth those differences, and to ameliorate the condition of the people. The Protestant is the standard religion at the country, but the rest are tolerated; and he that looks to his conscience as his guide, be his religion what it may, will always be a good subjea. .%'e are engaged with an weeny powerful, vindiftive, and crafty. Ireland has long been a vulnerable part of the realm ; and it is the business of the state to preserve and prutea her. There is no bond of onion like a due a lesinietration of justice ; and this Gentleman, although a Roman CAtholie,will, I have no doubt, receive justice at your hands ; he is not merely an iunocent man asking your verdia, hut he is a man entided to the Adriasonion of the British Community. As to the Author of The Anti-Jacobin Review, I have nezhing to do with Aim ; but as he has invaded the brewer and cha- Teeter of this Gentleman. To the tree discussion of political , subjeas, we owe our liberty and inde pendence—we have a right to enlighten each other, and to comment upon public men and their conduit ; when this is made the vehicle of siAneer, and he throws fire-brands among tne people, it is a natter between him and them ; but against an iticlividnist it is another thing; and now comes Dr. Troy's eon:- plaint. The idea of revolutien is daily wearing away ; since the change of Govertimert he France, no glare of liberty is left; nut a surly despotism pervades. lam uneer the necessity of pro One, that a rebellion existed in Ireland; but 1 say, it was not renellion ot Catholic., it was a rebellier. of Pro testauts and Catholics ; a rebellion of those who were in spirit rebellious. lam obliged to recur to that disgusting, horrible subjea, the murder of Nobleman, datingaished for the milli ut hit dispo.itian, for a beneficent and noble twnci (Lord KilwAreten), who was murdered in the puulic etreeLs. At that time Dr. Troy, from his exemplary cha racter, had great influence over the Roman Ca tholic world, and thought he might be useful in quelling this dangerous spirit. On the `flat of July, the day after the rebellion broke out, • Dr. Troy addressed the clergy ut his diocese, desiring an exhotlition to be read in all the chapels ; this address•enjoined the Hornell Catho:ies to return to their duty, to their King, and tneir God; which, by the tenets of their religion, they were bound to do." lie adverted to the mild poser ante= ct Lord Hardwicke, aid strongly recommended obedience to the laws, and a return to their duty. " I can not help pausing at the perusal of this exhortatera, which b:ings to my recolleinion this remarkable cir cumstance ; so mild and huireine was the Adminis trAtioe of Lord Hardwicke at that time, that an un happy young man (Emmet) who had expiated his crimes on the scaffold, wrote a letter to illf Roein. Hon. Friend'on the Bench (Mr. IVickiours), stetilig, that the mildness of the Government had beaten down the spirit of Rebellion, acid they were uesiged to assemble on a sudden " In adverting to Anotoer part of this exhortation, which condemns in strong terms the enormities of France, arid the military dis position of that country, lie said, tes was writ ten by a beggar, would it not be sAnitioned ? but being written by a person tot great influence, as the judgment tram the Bench delivered by solemn and sound Authority, sinks deeper into the mind, so the e imposition of thi, exhortation is enhanced by be ing delivered by the Pastor of his flock; and, in pro pertion to the influence, so it is the more vAliniele. suppose he had written the contrary, would he I not have been an immoral man, sot jea to be india ed, subjeft to punishment ; but, being mei-notions, he is made the subjeft of calumny. As soon as this exhortation was penned by Dr. Troy, be printed, published, and citiulated it ; tad this is the exhortation alluded to by the Noble Lord on the Bench (Lord Fingal) in a certain correspondence with a Noble Lord at the head of the Law in Ire land ; and being a person of high rank, and distin guished for the benevolence of his disposition, U-. •Proy sent it to him, knowing nib Lordship's conse quence and influence." He then adverted to seve ral parts of the libel, charging the Catholics with dissimulation. "It he had stopped here," he con tinued, " 1 would have said it was a dangerous libel—it was an insult on the Catholics, and i.kely to produce discord, at a time when the Freach were threatening to stir up a rebellion, and to inflame the minds of the people. At so critical a period, I would have &aid, it was a rash publi cation[ and that Dr. Troy could not have present ed himself now in a civil suit; but the calumniator goes on and states, •' That Dr. Troy must love known all the circumstances that preceded the re bellion, cud yet lie did out pa: the Government up -1 on their guard against it;" he further says, " his exhortation must be considered a mockery of res. Rion, and an nnquestionahle ptoot of his wart of candour." Here you hive him taken, not only in ' an innocent ael, but while rendering a service to his country, which this caluemiltor construes into eels of treiteei, et sacrilege. and of rebeleim. 1t we were to p etre ay a men of the greatest maligeity, would it not be him who nee a sacred authority. to do that at the altar of his God, to work mar der and rapine, treason and rebellion ? Several persons of high rank and situation in the Go vernment know the charaner and principle; of Dr. Troy. es testified in the several letters which - have passed bettseen them. As all parts of the world are enlightened by that which is tier centre, so Great Britain is the centre of that system, which gives , light to her widely-extended dumieions, and hare • moaises the whole. As this is the first cause of this nature which has beets tried since the .a of UniOn, yret lam sure, will take care that this Gentleman,. though a Roman Catholic, comes here to receive • justice at the hands of a Protestant Jury, against' ti celemniator. This question has nothing tredo wiih any political subjeel. The Catholic, aswelres testant. is to be obedient to the laws, er threfeamii t have the advantages to ha &trivet from them ; net only the day, but the feelings of •niee, Will dire& them to this ; and the time may come, whee all di- . tinetions of this nature will be done away. Donor ' Troy only woks jostles and proteetion from the laws of England." Mr. C. W. Auber proved the purchase of fikf Re;iew at the shop of the Defendaoe in Paternoster-row. (et this moment the paper, which made meh • none in town, relative to as lake :yam: by Leer Nelson with the French Fleet. was banded to Mr. ERSKINE, who read it aloud.] The whole of the libel, at toe desire of 3e/r. GAlir . . SOW, was then read. Capt. W. R. Cole proved that there was an in surreainn in Dublin on the 23l July, 18u4. Mr. Patrick Woegan, frees Delete, stated, on the 21ehof July 1304, - Dr. Tiny eroaght hire the ma.. nuieript Copy of the Exhortation in questions of which he prleteJ off en copies, being as many as' there se p wish priests in the ctiucese. On his ei-oss-examination lay Mr l'Aaw.c, he said. he suppose) Tie Jal,-J . 7nd, a Arcita, was read iii Ireland at well as Levi, but le bed not seen any of, them. The exhortation was then read, exeiting the Res. man Catholics to a ptecceh'idteneanour, and a re. tom to their'. duty. The EA of Ping it was ex veined frogs the Bench, by Mr. ERSKIN S. tie said that he teas Of the Roman Catholic pe-snasion. Mr. le was pro-. ceeding to ezamine his Lordship, 'timing to tile Jetties between 'hire and Lord ilieresdale, allqdecf; to in the• libel. when Mr. Giesecw opened t die evidence. the dectirettoe avene.l aflnsrou to something contained ill a letter, OM as that letter was ei extstence and nie. proeiced, he contended they could not go into any ;ovate testimeny, the publication in question, profeseet 'to be a. critique upon a letter from Dr. Ce . ispinger, the Titular Bishop of' Clop* ; and, upon' the ribertation iw question, something might be alluded toin the libel which' was not in the letter and therefore , hls dente critild out be received The Court was of opinion the tette,' nag% to be produced, and over-ruled the objenion. Mr. Easels!' then said, the letter was id the hands of Lord Redesdale, and they. uuld not pro vire it, nor could his Lordship AtteLd withou• ;a licence from His Majesty. He then celled the attention of the Court to rise second Count in the Decleretion, weicri ailegetiors slid not declare the Leer either one Way or thi other. Lori Eeetmeolouoit thoeght th it the first a-- swer from . Lord Fin' sil must Iced to this lettere which cauld not be given in evidence. Mr. ERSRIN e then contented' himself with provint e by Lord Fiegal, thee rherlainti r was known by the name of Dr. Troy ; that he was a i.lnman Ca tholic Minister of the Holy Gospel, exerci-ing the funalons of that religion. 04 his cross exemine.ion hy \lr. G•stow, he said, fitst saw tie tesiicie tion in this kingdom, het did net eit in Deiblln. Mr. PA eipt observed, thee was neahusiuo in this cotint, on which the Plaeuitl riffled, to doe einem- • eon. Lord F.teeesoectuese—" Then ycu have out the whole of the exhottation." Mr. Easst!si —" Yes, my lied " • Mr. G s aow, for the Defendant, observed, that his learned friend, Mr. Easctse. who was so long and eminently distinguished in condening eapset of this nature, had expressed s very keen *Wety on the present occasion. So did he, e.id ;se liallseried much not to have the task of defending this aetinn thrown upon him. His learned frie nd had in; ca ducei" his client as a Roma Catholic decree .n. residing wholly in that past of the kingdom which is now happily united to Great Britaie ; ant he a•ked fair and equal justice for this Plaietiff is this particular cos • ; but he could not see how Mi. ca se differed from any other, and all knew that his Lei de snip would do ample justice in every . c ruse t tat ever did or ever should come before ram. Dr. Troy was said to he a man of exemplary cherener ; he did not stand there to declaim against the Rev. Gentleman, and he hoped he would leave that Court free from ail imputations of a calumniator; he ad mitted, in private life, he WAS a most respeaable man, and entertained the highest opinion .of the Noble Lord (Fingal), as to his private charafter, as a citizen of the state. Ile had requested the whole of the libel in question to be read. in order that the Coast and Jury might develope what the intention of tie w.lter sees ; :el: his learned friend's eloquence had led to topics iv ech had nuseeletion whatever to the subjea, and 1) . Troy's recovery of damages was the last thieg brought before the Jury. His Learned Friend hid expressed A IV% e that there should be but one fetal ; but he Lasso his Learned Friend's clients bnped that s be the Roman Catholic futh. They raised ststeblee. merits for the education of their Clergy. to penile gate their religion, and to make pe eely:es, 1.. e/ were the snore meritorious for this ; lut he no, he should ever live a Pioweeat. clod forbid t; should be so presumptuous As t o sa y which idsou have the prefei 'ewe; end he •honht ev er haveahieter respea tin the 111411 who 1.....1eginf Rich f sc A er j. e pt than he who, for temporal benefits. wo:sldany patticular teligion. Gad turbid be should SAY