The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-25 00:00:00

!TY OF ELECTION. !V 111 f) OF DiSfIOPS(IATE. r „ « Fi le- , i, of Fr. •;. ndenee and Purity of Fleetion." of the , a a e t !v.!, 2-pte. tii: ed 'weber yesterday, at the White Hart Toe , 11 , ,,i,..;,-.: dc.str:rt. The party consisted of about 140 ~,o.vis. The c.: ll; taken by %V..' . s, Esa. id half i',,.. ti e o mo. k ; :cal the dinner eras peer iiird in very good style the preeri.t,e i.: tii,e :seem. .....,. , ❑ th ren.,Jval of the eioth, the CHAIRMAN me I,,stetitxr:y , a rho . ractetred, t ,r• tint doty of the meeting was to show that they lig...at en bow to „...,,,,h i nis in rye!, hot that they were fete-Iwo -I,r'uot•n. 17 • q....: toot he shoalei thterfore r , : ... e, it ea-- , Th, 1... ~: ;, • uali Sourcc of I..gittectut Gower."—Drunk - f- three ti • : • . ___ in:.• ••., CHM e t:Pn s„ „ e. 11 the connittVio••al exercise of his au c dc, c!c •••• .n. 4 ~ h: rhi:utic People." ‘e said, the teat' was about to !Iterate • . the r rieetiv le, collectively and he would as:, doubt the want of a refunn n of the own ry ? It was a want that kind t of grietaree, and had been for a considerable r , th e,t,te. While it VIVI so every man thc tight e WAS f :Ay mires:Merl 1 hut they hol of late felt differently. they ,ser • i ret taught to feel so by the great Lord Chatham. c"ce sad dart if a reform did not speedily take place in the ' es% it wo.: take place out of it. fhia sentiment had been i.esi by his son; but he became • Ittolier of that (loose be. 't it h..:1 as reoce a change. Was it not totorious that the ass of i.ce!.ind were not fairly represented—that the House farlisimet 1.1.1 ti: the owed part iii! , 4l by rich individuals, who t .t'e it a sort of griming house, and themselves a marketable ..elodi!y? Mary of ha members sere nothing more than re. --eneelecs of LI icks and twirta7—sigh watt the menthe! for (Ed %v . 's nye more especially necessar7 that free and indepet. L. t ! net should unite to secure the return to Parliament of such t ,nCJILi vice aide aid wiping to du their duty when there. He rbetefore propos--" Mar the People of England entry a f,led foe Iteuresentation, and be no longer under the guidanet a ver-nine Oligarchy." ps_ IF ing net tor Reform." fa fits' a act sr then said, be roes to tiring before the nceire of ey, %m une, the name of • gentleman who had always been a friend p p i; roe.: end their true interests ; • gentleman, who, although tag:MAO, winsome time ago a frequenter of Courts; but he was thenoneloicit in protecting a persecuted female, and neither bu nee tie entre prevented him from so doing ; a gentleman who b i i / 1149/113•C3 the friend of the oppressed and the enemy of the epronr.-who, in the House of Commons. had ever dine his der. emerally been in that glorious minority of which the iiheril.nt part of the community were at all times pruud. He eeirhtlei proposing " The health of Mr. Alderman Wood." Me. Alt!.:lMaa WOOD, in returning thanks, observed, end his seat was always to do as much gad as he was aisle to do. in every situation to which he might be called. Ile hoped that in no in. ✓anee he Lid alowdoned that feeling towards his fer.ow-citieens, bat that he LAd 'pealed to ic more pazticularly in his public cepa. my. He W 34 a.-xious that such meetings as the one he now at. coded. should he established in every ward of London ; It would rerert apinhy ercepirg in among its inhabitants, and would thus gyre' apathy from visiting the Home of Con:mons, by , keeping • s tree mint of indepeudence. For a long period of years, be observed, the Mothers of Parliament had been returned by the Freemen of the (.'iiy.as well as by the Liverymen. and such ought to be the mse now; it would be of infinite merrier to the metro. rolls, aril would bring many to reside in it who were anxious to i s .crous but he rested it would be vary difficult to induce the Bolls of Cimino:is to ao. i such a large number of electors. * l —. My N:dive Snore." TfeCat•rastax said that he would now propose the health of s Redman who hail been a long tune working up the bill of p e cry....3 g,ritte nian th rough whose exertions the glorious alters. VA in the sentiments of the City of London had in a great degree aim piece.wito was once sett into Parliament to watch the trieka tftie 3lonners of the House of C.cionons, but who at the last •r . tlthli hut been beaten by the. friends of corruption. He heti iwa trued out by a great tat contracr , r of the City of London, ts: a time would come when he would be reinstated with added saes 't% hale he was Lord Mayor his every act was marked by in , his yr .1 probity. No man was better hoed to represent Ins and he would he put in a situation to serve them Men 11,ttt etterually than he had done. It would be necessary, hciaran t' remember that an early canvass was the only means to Riat him a scat in Parliament. The Chairman concluded by of Mr. Alderman Waithman, the steady, uniform, at:regular:advocate of the eit'srns of Lundua, and of the enuntry a 3l Alderman Wricrusa•st returned thanks. He felt, he oh. nned, tl.e difficulty of the situation in which he was placed. It n.niatli brought to his mind his first starting in political life. d Cr made this passing remark, it was to encourage those who saltine nbiltty, but r.ot more perseverance, to follow in the same nA lie remembered that twenty five years ago, wheat convent, Y.ll a respected friend (s.r W. Rawlins) a ho was now rear . g.t, hw lamenting that there was no public stint in the ward of liassaerate. Dot be now rejoiced in the (baronet a spark had hr..lit and Lad spread among its inhabiteeta, who at the present ty gKtt , a c,ammon Council seme of its best and clans: cffla Nt Mr:LC:S. He was conscious that in his putlie capacity he el not Oren .Ailt to carry any measure of great public moment, but stsoubt ieinetebeted, 'hat he who cannot naive the sea back dames some rain tut making it keep within its bounds. He bdprd tbit he had preserved alive a spirit of liberty in the menu. pelts, and b ai.ina discussion had kept or,.reasion at least carry Issued'. fie bad known but one way in which this wJd be rffi:.ted--by having the Court of Cd:nmon Council Lade as open C rt. Ifir.ce th's had been tune (29 years ago), f-eliatpdration lad been daily growl:4 mute respectable, and of VON ramqutrice in every any. It was ridiculous to talk of a far qr., adatatida—even the city of London was not represented Sri?. Or: a lour houses, not one contained an elector, and many I. respectabl: inhabitants were denied the privilege. lie ' . la, :tem that if dte people of Lor.tion acted wit!i unity and de. km.% it straid be in their power w return four tree and Intle .e• ten to represent them. Yet what had the city of Lut.tion enet For years, foe very many years. it had not sent to Partin arra :egrber two men of common ?Waite talent. He had shown trim ho wls in the House of emr.nor.a, that the population ei lite:lr.:li had doubled, and that the number of electors ital di- taaluct: When the Peeremt bad also an materially increased, it nturt a.:11 hilly to talk of 1 fair representation, Unless we talk ar of a departed friend. He amity'. Lad a doubt of bring L7ll to five acitwfaction in his public capacity al Lord Mayor, ad be ;to/ Mal that he had done so. If his enemies had not L 0.3 tb:l, they would not have assailed hint; they did nut t'X.ltate %iv spiking into inairtificance. lie would observe, C./therm:meant to offer hi.ns:tr en a candidate for the tepees's -4,w t.t t9e Ciiy of London, if he were not invited to it by the ? , xle r,: c. However dattering the (Alice might Le, he knew it wiser of labour and of care. He thereforsoringht no:Ling, but C.: her .n'al be at the service of his fellow-cifftena. IRe Coati:law then raid a Ictu.r from 31r. Wontner to Mr. . I .carrat Wood, informing him that Mr. Fauntleroy was ordered !+ , .toci ieu . azure, on Tuealay ilextl it'n•:274,ta neat proposed .• the health of Sir W. Rawlins, ItesUcr Members of the %.:011111101 Counci who had honoured nellnorg siih their presence." S. , W. illawLiats Teti:rued thanks. Sft W Alta lIAX tint gave " the health of the Chairman, W. ." vino returned thanks. ?.:Csatituair text gave—•• T:ie cause of liberty all over the tort li.ty resolutions t.t;,r cease while tyranny oasts." tCOIIDILL thought :he Meeting wee boutd to pays tribute thintitlerl to the (little., omt to lament the death of the gifted kr; who rueserrated their eeuse. He would therefore propose a. " 4- .“ The Ormks--may they 100:1 be as their anceetore were." It Mae o'clock, the Caataitar and several of his tts3leeting, but the greater numixr of maims coo uttllatuy of the eve lag to a much Lug, hour. ° lo kaday, th e 13 t h, st - buneaster fair, a fraud of n `te toil nature was successfully practistd en an unsus ,'!';;;ftruter, by two sharpers, who had observed him ?tit...money for stock he had siiil, wlych wag paid him rttli to the amount of 80/. He hail no sooner pocketed 4..._"" b k than he was followed and aciaisttd by one of with " Haven't you sold a white heifer just now r 3 a bring answered in the affirmative, the fellow ob. " hare sold the same man a beast rnyw:lf, and he 4 kid toe a 3/. forged note." On this intimation, the t ', 4 .trYtwan was prevailed upon t o h ave hi s notes cumin.. f Le which purpose they adjourned to the nearest public ' l4 e, when one of the party kindly offered to look them r e? ' Ind on apparently returning them, saA, " You are '"'rtt. as the cot?. are all good." But to the utter 4 :''''Evnent of the farmer, he tiiscoverod that instead of 011 of it .tes having been returned to him, he had only e One pound note, incl3sing a roll of tobacco.— i.asattow--litAell GltrASC.—James Atkinson, per inNnns the public, that own g to the pest to r :he Rome Orme intoorted by him , th ere go= fur Bran' GteLle , exactly re his is tits xsrsnta 'Posse irc in genend nothing but coatnion Sc. trost..on : : none of the gushiest of genuine fic.trs' Grease, w nen procured ftom the tl:mate I in which state it is recommended by all boning oh.:osophy) ii of a very r:ch penetrating quality. anal all ctna traits.' and vegetable taut, and th.; repute si lone held fur Fornoting the growth or hair, has bccn in ...telt trnneroua Caere, am to place its peculiar qua • : . 1 - ..:••1 the g uest:no of a douot ; and when properly puriticd led„it to a vow pleasant and eleg.int article fur drrssing I•aking it beautifully soft and otossy. The foilowing is of the 7 alLet in wh' h son's Bears' (tresse is pvti •. .."ith the wo r s e ** * A l linson** Bears' Oreaso / of /Isis" beret on the top, and it is enclosed in a 'tr. In% t 4 "' P'rraittirt t price 2s. &l. ; amble, es. ; per. 4 11 Otto of Ruse 3*. ar.d es. klald by Jinnes Atkinson, gi . Ge • „ e: ::; . /..strttt, euh•a.epars, am d Wog pataisers MR. F.4UNTLEROT. The Twelve Twelve Judges met yesterday at ten o'clock, to hear Mr. Broderick in reply to Mr. Sergeant Besanquet. Mr. Beams etc, commenced by expressing his gratitude to the (inure foe the indulgence they afforded him by giving him an op portunity of preparation to reply to the Learned Sergeant (Duane yea.) He 'nub' endeavour to signify his terse of the favour con ferred upon him by not abusing it, tither in resetting to the discussion of points which he had before suggested, or in treepeseirg further on their attention than the authorities he woeld have oeca. I stern to refer to necessatily required. His Leer .ed Friend (Mr. Sergeant licesnquct), particularly in the latter part of his tiddler:, had cited a varitty of precedents and records, similar in some respects, and different in others. en iedictinents containing coutns similar to the present. He (Mr. Brodieick) was aside of the effect of thew precedents. Ile was fully aware it would be idle to deny tenee precede - ex were adenine of doe weight and attention. as well from the ability of the number of limnied peelers who advised tee Dank in fraieing these indictments, as the abi:ity and zeal of the peewits to whom the lives of the ;diviners were entrusted. It was difficult. indeed, to eu . ppose how the point on which he re lied escaped detection ; but it would not surely be said that his :tegument was wrong. merely because the poi..t to which he applied it had not been lettere detected. Numerous instances were to be found, where, what fur ages had been the supposed law of the land was found not to be sound when it came to be Investigated, and decisions given upon it by the Twelve Judgve Whatever mieht be the weight of this negative evidence, it should not weigh in so sermus a case as the present. Two cases were principally relied upon by the Learned Sergeant. The fine was that of the King v. Wait. He did rut mean to cast the slightest suspicion on the Learned Counsel, who did all that could be done on behalf of the prisorer in that case. The point now beret: their Lordships was lint raised in that case, because it was of no avail. The Learned Counsel did not omit to raise it rashly or erroneously ; he had ample reasons for not doing eo ; as to take up that ground would he Mem 'latent with the argumeet he there relied upon. He might have put it in be way of as alternative; but otherwise it would not have been in seculance web his morning. The other twee on which his learned Friend principally relied, was that of the King v. Lyons. There this point was not argued ; that case referred tor et ermine' fir which there was a .petal provision, under the 53d of Geo. 11. but it appeared from a note of the case with which he had been favoured by one of their Lordships. that it also ulna within the provisions of the 2d of Geo. 11. and the convictitin was deemed by the almon unanimous decision of twelve Judges to be sufficiently velid. The point in the present case, he would submit, had been never raised before I to say that it had not, and to say that he cesid not throw any new light upon it, would be bordering ' on presuniption and afilctation. On presumption, in saying that the Learned Judges had nut devoted their attention before, or that it had not omitted to persona of their rest and extensive iearning. On the other hand, it would be affec•ation fur him to say that they might not be assisted by those lees learned than thenewlves, who might suggest points for their consideration ; and by directing the force of their talents to these points, might at least lead their Lord ships to the same train of thinking. But step pose that the wfible effect of these precedents; we are not here to censider whether these are precedents on the subject, or not, but whether they are right ; not whether indictments have been teamed in this way, or after that manner, but, after a full consideration, to decide what is the law upon the points which he submitted. He wished the ease to be treated as a tea barges, as • case of the first impression, not to be determined by indictments on a 'witty of former eases, but that the rule of law upon it might be ascertained. He ex pected to have been met fairly and hinted], upon this peeposition, and that his Learned Friend would not nave left the ques don of law and reason, and have recourse to back his case with precedents. Can such a course be mind; ted In the adminis. tration of justice, and in a case too, sheet crimilial justice is about to be carried to armful extremity. and where man inflicts death on mar. Who demo to come forward, and under such tercurnstancee, to tell their Lordships, that this case should be treated as a cone eduction on precedents, and not as a see fotegra. Who will as set.' that it is better a human being should be sacrificed, and that the law should be not sustained, than that a (nurse of precedents should be disturbed ? This was the way he complained in which his Learned Friend met the case ; not that he broadly stated that principle, but sought to establish it by inference and implication. The fair question was, can this conviction be sustained? If he could shake off those precedents, he would satisfy their Lordship* it could not. His Learned Friend consented by considering the definitions which he assigned to a deed, from the authority of the earliest and most approved writers ; but he did not discuss his pro. positions. First he referred to Lord Coke, even in whose Needs he said definitions were dangerous. yet he himself relied on • few loose ditto of the acme writer. Ile (Mr. B.) would ask, whether more validity was to be given to the dicta, than to definitions -there the mind applied itself closely_ to give an exact explanation of what it purposes to define. This was • rule of judgment not foonded on common sense. If definitions were deserving of any weight, it was when a long train of writers were found concurring in the sure drfinition of the same thing. All the definitions of a deed in the *thews of (''well, Ducags, Spellman, and other eminent writers on legell peedeology, were found tending to the same conclusion. His proposition had not been fairly dealt with by his Learned Friend. Ile said the defini tion could not be supported in its full extent when a deed was de fined to be a contract between party end party. That It should be between party and party, his Learned Friend contended was too restricted a deletion of tt ; and he referred to Spelmaa's definition —" Factum dicitur • ferensibus rostris solenne seriptum quo fu. meter dorum eoncessio, contractee, rectum ant hujusmoei alias chem." This definition of Spellman did not include the present case. Would his Learned Friend sec y that " &mum" meant power of attorney, or that any other word in the sentence could bear such a translation ? But his Learned Friend relied principally on the Imo member of the sentence, " hujusenodi alias charts.' This the Learned Sergeant contended included such an instrument as the present ; but he submitted that this member of the sentence referred to an instrument which was either of the nature of a " donurn " • " coacessia," a "contractile," or a "ps alm] .' His le arned Friend proceeded to read the passage succecdirg this definition— " Est eel simplex vel induitatum übi plums rontrahUnt Tel solos quispiam agit." It was sought to make " agit" mean to convey a power of attorney; hut he (Mr. II.) submitted that it could only have reference to a transaction in which there was a bargain or con tract, such as was specified in some of the terra of the preceding definition. Although his Learned Friend bad succeeded in show ing that there were some few instances where " liters" and "demo" were used as applicable to the same thing or instrument, yet he hoped he had succeeded in showing that there was a general distinction between them on legal principles during the last three reigns. Ihe Learned Sergeant seemed to contend that any writ. log, if signed, sealed, and delivered, was a deed. If that were an adequate definition, would not a notice served on a party not m ' deepen if sigeed, sealed, and delivered, be • dad; but, it did not contain the apt words. If this were an adequate deli. onion, would not • will be a deed ? This was not obligatory on the party ; and as it did not contain the necessary contract to con. stunts a deed, it would not be contended that it was one, though signed, sealed, and delivered. As to delivery, it was only inci dental to a deed, and was not an mendal requisite to constitute one. The Learned Sergeant ptocerdeti to cite instances of writings that were deeds, though they contained no contract, and relied on releases by deed. lie (Mr. Broderick) would ask, did they paws no internee—did they convey no grant ? It would not be controverted but that they did pm an interest. He also cited other emes--cenfirmstion by deed, and diclaimer by deed; in the latter case, a bill of relinquishment of right was necessary, and there was a grant and passing of interest, which brought them all within the definition of Spelman and of the other writers he had cited. The cue which lie had cited from the year-book had not, he thought, been fairly dealt with by the Learned Sergeant. The utmost he (Mr. IL) contended for was, that the Court there came to no decision, although he might have perhaps contended as some of his Learned Friends had sutgested to him, that there was an Implied decision in his favour. Thu was die case on a deed of feoffaient, where an objection was taken that the count was not con formable to the writ. He only referred to it for the purpose of sheering the difference which, in the opin - on of the Cote:, existed be tween fathom and ottosiotowtant, under which latter term he had the authority of the ceinpier, in opposition to that of the Leaned Sergeant, the power of attorney case. The case of Dodd v. Herbert, winch was the case of award alluded to by hint the Learned Sergeant had not fairly . d alt with it either. Ile bad intro duced it to stew that • mere writing, with signing and sealing, did OM constitute a deed. Tleit It might hare a dsnl.atamp, so as to create or eoirditu:e It one, he did not deny. Ile (Mr. IL) had also referred their Lordships to the Stamp Arts, where the Lerislature makes a distal:don, by rert.iring different stamps far each, and seises a cons•ruction to the different terms. Sir. Jussiee BATLEY—The Stamp Act makes • difference be teem the stamps requisite for morgues and deeds, and will it therefore be said that they are not on that account deeds ? . . 51r. Dam)tarot replied, that there was an itdjaiorens duty in the cares of bond and mortgage, which made them different from the instruments he allusLd to. The Learned Sergeant said, that the covenant in this instrument was not nugatory, as the -witty making it could not convey an interest after his death. lie would quote the words of the power of attorney, sanctioned by the Da*, as an authority against himself, for the words in the power of at torney showed that such power could be conveyed. They were as follows:—" And, in case of tny death, this letter of attorney, a. to all matters and things which, after my decease, shall be dune by my said attorney. by virtue of. or under colour, or in pursuance thereof, shall, so far as the Governor and Cmnpany of the Bank of England are interested or concerned, be as binding upon our re spective executors and administrators as the same would hare been upon MC if living. unless notice in writing of my death shall have i been previously green to the said Governor and Company by my executors and administrators, or by some person or persons We tensed in the property to which this letter of attorney refers; and, wales. such notice be given, I hereby covenant, promise, and en gage, and bind myself my executors and administrators to and with the szid Governor and Company of the Bank of England, that my et:re:sums ear administrators shall and do allow, ratify, a nd re,„.ot, as good, valid, and effectual against them, and against my Wires, w hatsocver shall or may be done by my attorneys or tither of them after my decease, so far as the said llovernor and Company or the Bank of' England shall or may be in any or every other manner interested therein. In witness whereof, gLe.' There then wss an express authority to pass interest after deals, sanctioned and approved of by the Rank, though now denied to exist by their Learned Clumsel. The rules by , which to regulate the construction of statutes were well understood. By these rules had he construed the statutes relative to forgery yesterday, and he bad been pp P - Jited by nothing on the other side. but the weight of as sertion. The roposition he laid down, he had traced through the statute of Elisabeth, 2d of George 11. Slit of George U. and the THE BRITISH PI.;;ESF4. 4th and 13th of George the Third. The intli of George ill. way enacted for the cnnsolidation of the bark annuities in 114: 411, (if lieOrge 111. if it was found necessary to enact the 25th of George 111. the hank annuities from the 4th to the 25th of that reign were without protection. At all times it was admitted that this instrument had been signed, sealed, and delivered then it must be admitted to him, that it had all those characteristics of a deed, when it was treated as a letter of attorney, distinct front a deed. He wished to direct their Lordships' attention to an (hoer. ration which fell front a member of the Court. It does not fidlow that the Bth George I. and the subsequent statute, meant letters of attorney, stymy& scaled. and delivered. lie was prepared with a satisfactory answer to this. Ile would call their Lordsh ip s' at tention to the act of the legislature in a parallel case. Antrim should have done an, he would expect their Lordships' approbation in assuming that the l-gislature had in this case distinctly con templwed, in letters of attorney, " letters signed, sealed, and de livered." Warrano no the payment of money or delivery of goods, stood 'in precisely the same situation, with the instrument in question. They might be by deed. The propositions with which he had to contend, therefore, must be, that the Bth of George 11. applied to warrants for payment of money or delivery or goods. He would ask the Legislature; he should certainly Pay no; they expressly said that they did not. It was stated in the preamble of the Bth George 11. that no punishment was provided by that Sta. tote fur forging powers of attorney, &c. t but the 7th of George 11. set out in the preamble, that " Whereas receipts for bills, war rants, or orders for the payment of motley, have not been made punishable," &c.; and then this Act goes on to provide punish ment for forging such iostrutnents. The Bth therefore expressly excluded such instruments, clearly because punishment for them was provided by another Statute. The use which it had been at , tempted to make of the 48th of Georg..? 111. somewhat surprised him; because the Act had said nothing of lettere of attorney, therefore it was assumed that they must have been included in the 124 of George 11. The 11th of George 111. did not mention letters of attorney, and no inference could be drawn from it, or any other observation appiesible to this, funher than to record the feet of the omission. The pendia!' object of that Act was to make the dispos ing or uttering certain instruments capital, some doubts having arisen no the subject. The Learned Gentleman proceeded to ana lyse the several Ac:s of Parliament to which he referred in his argument yesterday, to chew that letters of ettomey were not therein considered as deeds, and that MI Act of Porliament re. girded as deeds, Instruments which were only signed, sealed, and delivered. He bail searched for authorities, which asserted that a signed and sealed instrument was a deed; he could find none: and it should not be takers for granted, on the unsupported assertion of the Learned Sergeant Boaanquet. A deed must be' a writing confirming a grant, or making a contract; and this definition, which was supported by all the eminent writers, was not shaken by any thing that fell from the Invented Suer. grant; nor was it shown that a power of attorney made such a grans or contract as to fulfil the terms of the definition. He had now addressed their Lordships on those topics which he thought available fur his elicit. The two propositions he had endeavoured to establish were—First, that this instrument was not *deed; he hoped he had succeeded In convincing their Lordships that it was not; if he had not so etairely.yet he hoped that Itched at least plc ed tiot question in such a point of view before them, as to satisfy diem that it was at least ambiguous and equivocal. If he had dons so, then the other part of his argument would be mainly aided, nomely—that it was not within the intention of the Legisla ture, in the Act ander which the indictment was drawn up. if KAI upon these points he should have tailed, he would humbly sub mit to their Lorshitte the maxim which had been laid down and acted upon by Lord Chief Justice Abbott, t' it althongh the offence should come within the very words of an Act of Parliament, yet, if the spirit and intention of the Legislature did not concede and se cold with them, the benefit should extend to the party against whom the words would otherwise prevail, and he had now urged whatever his own researches, and the suggestions of his Learned Friends, from whose superior legal information he derived great advantage in conducting this argument, enabled him tourer. If e had doe:sloe,.•d an arduous and a painful duty, he feared, imperfectly. It might hare been that the anxiety of his mind may have clouded hisjadgment, and perhaps impeded him in the due execution of his duty. If he had too roughly, and not with sufficient delicacy, touched the decisions of Judges of which it was his duty to speak on such a time as the present, respectfully but firmly, he regretted it. and begged to assure their Lordships, that lie was, both by in. clination, and the strongest ties of duty, disposed to regard the as sembled Judges of England, and their decisions, with the greatest reverence. He implored them, for the unhappy gentleman on whose behalf he appeared, to come to a decision unfettered by precedents, Both be (Mr. B.) and his unfortunateclient, what. ever that decision might be, would bow to it with reverence, in the confident feeling that that decision would be the result of consum mate learnino and deliberate impartial justice. The LORD CJIIE? JUSTtCL intimated, that Sir. Brnderick had fully and most satisfactorily discharged the duties of an ad vocate to his client. The Court was then cleared, and their Lordships remained in c menhaden in their chamber. TO THE EDITOR OF THE BRITISH PRESS. Sta—As an opinion seems to be entertained by many persons that forgery is a crime seldom if ever pardoned, I beg leave to refer you to an instance, in addition to many that have ken, and still more that might be produced, its which this offence has been pardoned ; and there seems no reason why it should not, when we all know that crimes far more heinous in themselves, as having in them more of moral turpitude, have received the Royal mercy. The in stance to which,l am about to refer is in itself extremely remarkable, it being a cue in which the proffered mercy of the Crown was deliberately reffised. It was that of Mr. Samuel Burt, who was tried and convicted at the Old Bailey Sessions in July 1;85, for the forgery of a banker's dtdsght of 100!.; he was recommended to eatery by the Jury ; and ou being asked the usual question, Why sen tence of death should not be passed upon him, he thus ad dressed the Recorder:— " My Lord—l am sensible of the crime which I have ann. rained, and for which I justly deserve to suffer. .31y life I have forfeited, and I wish to resign it int* the hands of him who gave it me. To give my reasons for this would only satisfy an idle euri. amity; no one can feel a more sensible heartfelt sathfaction in the hopes of shortly passing into eternity, wherein I trust I shall meet with great felicity. 1 have sot the least desire to live; and as the Jury and the Cotter, on my trial, thought proper to recom mend me to mercy, if his Majesty shook', in consequence flirter!, grant me a respite, I here vow, in the Mee or neaten, that I will pot an end to my own existence as soon sal can. It is death that I wish for, because nothing but death can extricate me from rte troubles in which my follies have involved ms." At the close of the Sessions, he was brought up with the other convicts, and received sentence of death, after which he was put to the bar, and informed that his Majesty, in his Royal clemency, had been grac:ously pleased to extend his merry to him, upon condition that he should be trans ported during his milord life. The prisoner bowed re spectfully to the Court, and addressing himself to the Recorder, returned " his unfeigned thanks fur the kind ness of the Recorder, the Sheriff's, and the other Gentlemen who had interested themselves in his favour, and bad so effectually represented his unhappy case to the Throne, that his Majesty, whose humanity could only be equalled by his bye of virtue, ha I extended his mercy. But, how ever flattering the prospect of preserving life might be to • man in a different situation, vet he, now that he was sunk and degraded in society, was totally insensible of the bless ing. Life was no longer an object with him, as it was ut terly impessible that Ire could be j o in e d in union with the person that was dearer to him than life itself. Under such circumstances he was truly sensible of his Majesty's good-, ness and clemency, yet be must positively decline the terms , offered to him; preferring death to the prolongation of a life -.which could not be otherwise than truly miserable." The whole Court was astonished at this address, and after consultation Mr. Recorder remanded the prisoner back to the gaol, to be brought up again the first day of the next Sessions, on which day be was brought up to the bar, and his pardon again read to him ; which being done, he made a very modest and sensible apology for having de clined Iris Majesty's great goodness to him, he then desir ing to die, but now he most thankfully embraced the same, only wishing to be united to a beloved object, in despair for whom Ee had committed the fact which brought on all his troubles. The young woman alluded to humanely consented to marry this sia4appy mus, but she died before Me marriage cusid take effect. You will find the above case recorded in the Annual Re gister for 1786, p. 34, and 1787, pp. 6 and 12. Harley.rtreet, Nov. 54. L. M. At the Brighton fair a piece of flannel was prevented, viovett by water power, which is supposed to save half the expense of weaving by hand. The use of water power fur the manufacture of flannel is an American invention.— Rhode Island Paper. Catholic rent, to the amount of 150/. is just collected in the several parishes of thin city, and wiii shortly be re witted to the Asseciation in Dublin. Of late increased energy is visible on the part of the collectors, which is at tributable to the presence of the Raman Catholic pries:- hood, who accompany them in their se►eral districts.-- Limn ick Chronicle. It is with pain we hear that Mr. ( - Wiley. of East Wel lington, only survived his accident on Saturday wrek a fkw hours. The nnfortunate goal-man was, wild: bu s ting. thrown by his horse taking fright, dragged by the stirrup, and suffered the tenure of two broktu nun, btsidts bin ether severe iu.;urics.—E.rdrr l'up:r. RECORDER'S REPOR Yesterday the Recorder made his report to the Ring in Comic] of the prisoners under sentence of death in New. este, who were convicted at the last Old Bailey Oetob..:r Sessions, Lamely— John Cook, alias Cookson, alias Jackson, 17; henry Ferris, 18—of burglary. William Oliver, 16; William Moore, 23—of highway robery. William Dalton, 17—of housebreaking. Henry John Walls, 18; Evan Williams, 48; James Adams, 19; Ann Williamson, 17; Bridget Polley, 62; Henry Lee, 16; John Passenger, 12- 0 f lar ceny in a dwelling-house; and Henry Fauntleroy, 4), of forgery. His Majesty writ graciously pleased to respite, Burin„ his royal plessure, a:I the above-named convicts, excepting Henry Fauntleroy, upon whom the law was left to tale its course, and he is ordered for execution on Trosday next. The repent of the case of Edward Ilan is is i•eattponcd. COMMUNICATIOK to MR. FAUNTLNROY of t•Sc ORDER for his EXECUTION. At half-past six o'clo:k yesterday evening the Recorder's Report reached Newgate, and the Rev. Mr. Cotton, Mr. Baker (who has been long the anteater of untOrtunate culprits), and the Recorder's clerk, immediately pro ceeded to the room in which Mr. Fauntleroy is confined, for the purpose of communicating to him the intelligence, that he i to die on Tuesd.! , morning. The Ordinary was in his black gown, and held the !Lei:races Report in his hand. Mr. Fauntleroy was reading a Proy• r Bonk at the moment they entered. He had been waiting in a most anxious state fur the Report, having, up to the last moment, as he now acknowledges, entertained some faint hope of reprieve. The Ordinary, whose attentions to him have being unremitting, had considered it his duty to caution him against the absurdity of expectation, and he seemed to acquiesce, but still the fondness for life betrayed him into hope, and he had just seized a Prayer Book to relieve his mini from the horror of suspense. Tile Ordinary was deeply affected ot the appearance of the unfortunate man, who sat with his head upon his hand, intently reeding a prayer—the very prayer which invokes grace and strength to erdure the dreadful change from life to eternity. The face of the culprit was as pale as ashes. He looked up when the Ordinary approached him, and said, " Ah, Mr. Cotton, you are come; I see how it is;" and he ro s e and walked towards the Ordinary, who was unable to speak for some moments, but who held out the Recorder's Report, and pointed to the black seal, a mark in tell igible to :he modem nal. " I expected nothing less than death," said Mr. Fount lemy, " and thanks be to God I an resigned to my fate." " Yes," said Mr. Cotton, " the report is fatal to you, and I trust and believe that you arc prepared." "It is very extraordinary," said Mr. Fauntleroy with a smile, " dist I should have opened the l'rayer-book at the very spot in which the culprit prays to God for power to bear the last extremity. I looked into it for comfort, and the comfort it gave me was in turning my thoughts to the grave." Mr. Cotton raid he was rejoiced to see bins in so tranquil and resigned a state of nand. " Yes," said he, " I have gained by your excellent advice, and I learn those tidings without fear or trembling. IVhen am Ito suffer ?" Mr. Cotton told him that Tuesdal was the day appointed for his execution. " Very well, said he, " 1 shall be ready. It is odd that when I opened that book of prayers, which von gave to me, no doubt, for the purpose of keeping my thoughts upon a separation from this life, I exactly hit upon the words, ' Almighty Cal give me grace and strength to spend the short time I have to live as it is meet, and snake me acceptable to thee, for Christ's sake.' " He then begged that the Ordinary and Mr. taker would call upon him after they should have visited the other prisoners. They told him they would return to him in half an hour, and turned towards the door. " I hope," said he, "that I am to stiffer alone, that no other poor creature is to go out of the world at the same time. How is my fellow-sufferer Harwood ?" The Ordinary replied, that Harwood was perfectly prepared; that he was resigned and happy. " I feel, said Mr. Fauntleroy, " that there is happiness even in resigning this life." lie then resumed his book, and was left aloe. The Ordinary went round to inform the other prisoners, whose names were included in the Report, of the favourable con sideration which their cases had received. When he called upon Harris, whose case was supposed to be desperate, and told him of the postponement of the decision, the unfor tunate man was quite overpowered. After the several visits round the prison, the Ordinary and Mr. Baker re turned to Mr. Fauntleroy, who, it appeared, when left to himself, began to contemplate death in all its usual terrors. He pressed his hand upon his forehead, and sighed deeply. Ile muttered a few wards, and looked at Mr. Cotton and Mr. Baker, as if for comfort, and then he dropped hit eves upon the ground and seemed to retire within die awful circle of his own meditations, and to find nothing there but despair. Mr. Cotton took him by the hand, and Mr. Baker told him to he comforted. He suddenly recovered from his agony, and said he wished to pray. Mr. Raker then read a prayer, and Mr. Fauntleroy said, in rather a cheerful tone--" It is better, my dear Sirs, that I should die than that I should have escaped to another c pun try. Had I gone to America, as I blinded to hare done, every bit of !vest! I should have swallowed would have beta as poison to me. Another happy hour I never should have enjoyed, and yet, Mr. Cotton, I had, I will acknowledge to you, some fluttering hope—it was merely a fluttering hope, but still it was hope." Mr. Cot ton said, " My dear Sir, I cautioned you against giving F way to hope. I told you there was no c h a nc e ." " Y es ," said Mr. Fauntleroy, " you prevented one from encourag ing that dangerous hope, the disappointment of which would have been intolerable, but still it broke in upon me, in some shape or other, from the first. But it is well that I sin to die—it is well for my children that lam to die. Oh! Mr. Cotton, I have one great con solation in loving the world—l have got the assurance of a most virtuous and inestimable friend, that my poor boy and my two other children skill be taken entre' of ; I go out of life without any fears about them. Indeed, my son has now before him the prospect of a prosperous course; he will fare better than he would if I had been merely an exile. Oh ! my calamity of itself will operate in making him virtuous." Mr. Cotton then conversed with Mr. Fauntleroy, who most rationally spoke of his sentence, upon the necessity of shutting himself up from visitors, and devoting the remainder of his days to communications with the Almighty. Mr. Fauntleroy admitted 'lmpropriety of keeping himself apart, but he suddenly returned to the subject of his condemnation. Mr. Cotton sail he saw that Mr. Fauntleroy occasionally abandoned the very correct opinion he had expressed ever since his trial of the event. Mr. Fauntleroy—" I did; and yet Mr. Forbes assured me, and indeed I had a direct communication from the Bank of England to the same effect before my trial, that if I got rid or the first case by any accident, the rest should positively be brought against me ; that if any error crept in and fa voured my escape upon one ccension, the Bank would do their duty and prosecute me until I should be found guilty." Mr. Cotton tad him he had repeatedly made the same as surance to him, in the hope that all thought of pardon. commutation, or any other way of escaping with life, would be banished." "It is true, said Mr. Faunderoy, " yon told me that the Bank had a duty to perform, and that it would be a compromise of that duty to let me escape. I believe that to be the case, and I think the Bank would have acted right in pursuing my life as far its the law could ro, bad 1 been acquitted on the first indictment." Mr. Cotton then asked him whether he intended to interdict the visits of his friends before &Imlay ; the Ordinary thought it would he most I.rudent to do at.. Mr. Fronde rtly —" I hope to be able to devote myself to prayer after Friday night. I think I shall bid adieu before Friday night to all my friends, who hare, God knows, been kind in the extreme. Oh ! it is a great consolation to me that they have remembered use in the days of tn) atHieLion. But above all, I feel comfort in the pre mise so solemnly made by my friend for the preserva tion cf my children." lie afterwards prayed with Mr. Baker, whose humanity to the two unfortunate men whe are to suffer death can never be too warmly praised. On Tvewlay morning, about three o'clock. a fire broke out in a painter's shop, Lime -street, Liverpool, which to ialy commond it, hut has not done much injury to the ail !u'oing ! , DREADFUL EFFECTS OF TUE L.llll GALES. PORTSMOUTH POINT, Nov. 13. TWZI.Vt ' 0 1 CLOCK AT NOON. It is with very painful feelings we sit down to record the effete of the severe south-west gale now Wowing, of which, however, we can give but a partial repreaentatior, as all communication is ent off between ourselves and ahem, owing to the extremely high tine which now fills the streets and houses, and has tinves the inhabi tants to their chamber floors. We hare, however, from the top of hou se witnessed a scene which fills the mind - with horror: it is that of the wreck of the transport Admiral ISal ► elegy , whit h, report say% is full of troop., women, and children. The vessel is on shore on the beset, on this side of Ilaslar pitch her masts are gone by the booed, and the sea makes an awful breach ever her, so as that at times all sight of the vessel is lest in the midst of slue terrific fosni and spray with which she le shrouded, such as would have surmoucted the mast heal, if the mast itself had been standing. We are happy to see that the bowsprit still retrains, and as it nearly overhangs the slime, and numerous persons appear to be errr. ing themselves to get the sufferers to land by =coos of ropes, u c are not without ttopes, that most, if not all, the people on board will be saved. SALT-PAST ?WELTS o'gtoew. This instant another large ship that has parted her cable at Spititearl, is gone on shore at Blockhouse Petro, and being brva^f side on the beach, she cells tremertiously with every wave that stnhes her. The crew appear to he andeavottring to lower her yanht anti topmasts, whits the sea beats over her in a Welt &Pell .ttio'her ship, the Lady Arabella, trnre fortunate, has just run into l'orumiouth Harbour, under a close-reefed foresail.. and wan followed by the brig Coventry, equally fortunate In reading is placer of comparative safety. At about half-past nine o'clock this morninA. the Shipley (trans mit No, la) was, when lying at Spithead, run foal of by aschonn er. and the sho c k occas ioned her to part her cables. In drifting over the Hamilton Bank she struck ground. and unstirred het rudder, and emsequentl/ breams uraosnageablc; at a quarter be fore ten o'clock she came on shore so close to the Salley Pbrt, at scsrcely to leave room for persons to go out. While drifting she came in contact with his Majesty's brig Jasper, and carried away her bowsprit, by which that brig was compiled to slip her cable sod run into Portsmouth Harbour. An outivari-Ixtund Luc India:ma, the Madras, is gone tot shore in S!niv.-.4 Kay.. TIIRCI6 0 CLOCI. We have just learned. with great gratification. that the trooP, 03 board the Admiral Bullicley. 109 in number, together with the crew of that reeve!, and all the women and children, are providen tially saved. The troops were destined fur Cape Cnaaritlitatic. 11ALr.PAPT TIERCE co'er.ocz. The ship on shore at Blockhouse Point proves to be the Victo7 „ h , rneward-bound from Calcutta, which ship also lest her rudder - Trig moment a large boat has landed train her near the bathing house. with her passengers. amongst which are two ladies and several children; crowds of people heatenol In haul the beat on shore out of the surf, which they eid so effectually, as to draw bet azd all the passengers in her op a steep beach of loose shingle. In the harbour. his Majesty's guartl.ship Weilcsler, with her hulk lying alongside of her, parted her moorings, and both ?cassis drifted across the harbour Wallin the Dock-yard. The York (convict ship) has also panel hot stern moorings. Amidst this tremendous jarring of the elements, it is si.:gular chat a small-decked vessel with no person on board, broke from her anchc r, near Fiddrouse, in the Isle of Wight, and drifted for nun miles, through the fflotherhank and Spitheatl, in safety into Pars month harbour, having escaped all the shipping that by in that direction. The sea has mate a breach over the beach, and iccui-. dated Southsea Common, and the waves rolled over the advanced works of the Fortifications, opposite the Grand Parsee of this en as to Ail that part of the moat in a very Shun time, and rh e a full, the water fell over the partition wall in a inaguiffcent sheer, as wide as the mods are broad, and in such a magnitude as to fill, in about an hour, the whole moats of the Fortifications, which cur. round this place. The only sufferer in t' is point are the preprie• tors of the sheep which were grazing therein, and which perishoi in the water. We hear of the aide of one house hiving been blown in, and of gnat injury baying been done to the fatmdations of th•ae near th,2 water, several of which are expected, a the gale shoed continue, and be attended with another high tide, to fall. We are happy. however, in saying. that at present the gale is somewhat less violent, and hop(' are entertained that the Victory and Shipley might be got off when it shalt have ceased. We do not at present kn'v if there be any favourable hopes of the Madras. DISTRESSING CATASTROPHE. [Extract of a private lethal DORCKESTra. Nov. Last night this town was visited with a tremendous gale from the south-west, which for several hours continued to increase, till the. most violent hurricane prevailed, ever remembered by the oldest inhabitant. Its devastating effects were felt in every loaner, and the damage to dwelling houses in the destruction of chimneys. roofings, and glass, =eared alarm and anxiety for the safety of the ellrighted families. We wish we could confine ourselves to an ac count of apprehension and mere lir% of property; but it is our painful duty to record a most heart-rending calamity, and which haw awakened the strongest feelings of sympathy and distress in the minds and hearts of aIL About six o'clock this morning a heavy stack of chimneys on the house of the Rev. H. J. Richman, was blown down with a tremendous crash, and falling on the bed of the Reverend Gentleman, erushed him and his amiable wife be neath the ruins. instant alarm was given, end medical attendants, promptly ontained; but it was too late---one common and inesa ieneoue destruction involved them both. Mr. Richman was Rector of the Holy Trinity, in this town, and had but a few weeks en joyed the possession of the new church recently erected in that parish. The completion of this building had been long looked (*co ward to by him with anxious solicitude; but the many embellish ments and improvements he had contemplated, and w!:ich were in progrees, be was not permitted to see perfected. Ile was i man of singular learning and piety, and remarkable fur great simplicity of manner, and singleness of life, and, during a residence of omen than thirty years, had secured to himself the regard and confidence of all who knew him. In the 71st year of his age, an awful cala mity awaited him, which has overwh e lm e d hi s f am il y an d f r i en d s with affliction and distress. A Cwoner's Jury wasealy summoned, and a •crdict recirded of--Acridental Death. Tne effects of thestorm are not cnnined to this town ; and af flicting accounts of the low; alive' and property mum be expecied from along the whole coat. 'Weymouth has suffered very coma derably ; a large portion of the Esplanade being completely carried away, and other loss to the estimated amount of several thousand pounds A Dutch ship is on shore in the bay, near the Old Castle; and other vessels in Portland Roads, Alt eady dismasted, and other wise darc.iged, are expected to share the same fate. Some ides may be formed of the violence of the wind, when it is stated the.. the Regulator, Exeter coach, was blown over twice between ibis town and Salisbury. Extract of a letter from the Agent to Lloyd's, at Poole, dated Tuesday :—" The past has been an awful night of weather - ver, in general opinion, has a more tremendous gale been exp:iti enced in this quarer of the globe. It blew very hard the fors piet : of the night, but it was riot till about three o':lock in the worn i . :4 that the scale commenced its fury, and, in het, it has noi greatly emaad to this moment, only that it lightened up a hall now ar:l then. The wind veered somewhat to the IV., now at S.W. by W., in the night S. to S.S.W. A sloop is said to have been totally lasi this side of Christchurch Head, and tw.s hands drowned—reported to be stone lad, n, for Southampton. The Albion, Holey, arrivieh yesterday from Bahia, drifted from her anchorage, and liesgrotade t in the mud in Brininsil Roads, where it is to be hope,: she will a u : ", meet with any serious injury. but it iv thought the whole or a grist part of her cargo (sugar) must be discharged to ligh:en her befit the can be got inf. " The tide this morning was immensely high, and half the raw, orctflowed ; never befnre was any thing equal to it, and great wt.' be the damage and loss—Shipwriglit's yards swept th in:a . No.nt before has a storm ceased so much devrlatiou its this. 114. , biows heavily, with a must threatening sky." [Front the I aver nese Joaraell The weather conitnue, as boisterous u for the last six weeks On Saturday we had a tremendous „•nle of wind, accompanied by rain; and on Sunday night a k e en host, preceded and followed by showers of snow, which speedily dissolved in the low count 7. but still coven the heights. It nine,' again without intermits/cm oa Tuesday. We have not Indeed had a fair day, and surcely a dry hour, since the beginning of Ortober. The river Ness. which, in ordinary eauerse, rolls silently along its coarse. and is eddies troublesome, has for weeks been gradually increasing, and is now truly a majestic object, being higher than at any former periol in the recollection of the oldest inhabitants. On Wednesday it wart. Bowed its hanks, covering the roads on each side to a considerable depth in mane places. There were two feet of water on the road to the Infirmity. The water rose above the piss of the old bridge; and from apprehension of its safety, cans heavily loaded were pro. hibited, by or lee of the Magistrates, from passing. The river hat fallen during last night —a fortunate circumstance, as there will Is: a storing tidy tn-morrnsr. The South Mail did not anise hers till one o'clock, p. rn. an Monday, having been det a in e d u p war d s o f s i x hours st Queen's ferry, the gale on Saturday night rendering the paariage cable. The mail did not cure till half-past twelve yesterday, having been again detained 5j hours at Queusferry on Tuesday Liverpool Corn Market on Tuesaay was •ery brick, an/ wheat was la, anl oats 641. per bushel higher than last week. At the ale of Suffolk Ad eowsoin fort wok, at Soul hangs ton-buildings, Chancery-lane, the Advowson of Little Bel wad, comprising about 200 acres of titheable and 50 acres of elebe land, was sold for 2,3oll:W.—Age of inctrnbent 64. The consolidated Rectories of N■etoe an 1 Levington, with 1509 acres of hod, and 20 acres of glebe, was sold for 18001. Incumbent 72. On Friday the shop of Mr. Fisher, watchmak.r, Abbey ;hurcli-yaril, Bath, was broken into, and about 23 watches •f various descriptions. 7 Fold watch-chains, AO gold :hailed seals, 33 gold keys, S initsicid tunes, a number If watch movements, and varkin other articles were Maim forming a total value, 4 is said, of S. IA :‘ V• 1 1' I) 600 is to Pirt