The British Press; or, Morning Literary Advertiser. — London, England, 1805-06-18 00:00:00

..-- ,_ petitioners ? with what was ttie to the public ? And, after having proceeded so far with the Case, they should now do that which would in a man per gnash, and en: an end to the invesiipatims. it would he contrary to all those ditties he had tated ; and they were imperiously celled upon to procee I, and to cOme to some determination upon the issue or the business. contehded it was their bounden duty to proceed with the investiga. tlon without delay. H iwever slit tt the period r tte session might be, it wes iheir ditty to proceeil as long as they could. and ro make as considerable a progress as they could, in the course of the present szesion. With reepeCt to the 13i11 he had on a former day mentiooed its Los imenti sn to bring in, he was more and more convinced of the convenience and expediency of it. Thcir proceeding as far es they could would evidently tend to the convenience of several individuals who might he fieelly ea snioed that session, and released from farther tremble and expellee. It was. he repeated, the ditty of the House, steadily And persee itinely to pursue the in vestigation to the end. He scull see ;to solid reason which could be adduced against such .t legislative measure as he intended to propise, n newly, a Bill tOr continuing the proceeding from session to ses sion. With a reference to the ACI of Settlement, and the general principles of the law itself, they were bound to come to some concluslon upon the present case ; he therefore trusted, their Lordships would resist a motion, which, in principle, would tend to pat an end to the proceedings altogether. The Earl of CARNARVON. though he seemed t 6 admit a great deal might be urged on the ether side of the question, yet, upon the whole, was in clined to concur in supporting the motion. With respett to the Nohle Secretary's intended Bill, he observed, that its passing into a Law would not alto gether depend upon that House. Lord AUCKLAND spoke shortly in explanation. The LORD CHANCELLOR decliaed going into a general moon-tem upon certain considerations connected with the subjett, and adverted to by some of the Noble Lords ; but, in reference to what was thrown out, as to the approaching period of the secsien, he would sty, that even if they could make no more pi ogress than tour days examination, he thought it would undeniably be a gross injustice to Mr. Justice Fon, if they neglected to secute to him much of a further examination. The two wit tiesses, Mr. Armstrong aid Mr. Galbraith, it would he recollecled, had only been examined in chief. The very le.tst they could r'o would be to secure tee benefit of their examination to Mr. Justice Foe, Even as the case stood, a very desirable pi-ogress might be made this session, were their Lordships to set earnestly to the besinees : were they to come down, suppose about one o'clock, and to give six or seven hums per Jay for a few d ie. to the investie l oon, a considerable prneoeso might be made ; but at le on, he repeated, let them, on principles in common justice, secure the cros.-examination of the witnesses to whom be had alluded. The question was then put, and Lord Aucklaoil's motion was negatived without a division. I Malta; DIVORCE BILL. The Order of the Day respelling this Bill being read, Counsel and evidence in support of the same were celled to the Bar. When some additional evidence was shortly put in respecting the alimony awarded Mrs. Teuch, and the annuity of 1001. which had been settled on the Lady for her sole use by her father. Mr. Angst then (as leading Counsel for the Bill) addressed their Lordships at considerable length, upon the leading merits of the case. He called their Lordships attention to the peculiar importance of the case ; the leading circumstances of which, he again recited. He dwelt upon the circumst ince of the Lady's husband having left and deserted her, and attaching himself to another woman, with whom he had long resided, had several children, and placed at the head of his family. He observed that Ow• laws of this part of the United Kingdom, with respect to divorces, were different from those of every other kingdom in Christendom. In other countries, divorce was equally accessible to the husband and to the wife. In the northern division of the island, it was essentially different. In Scotland, the divorce e r,,,cu10 Mat fi,teunii, could be granted by the Eccle.naetical Coot ts, and equally at the suit of either party. He adverted to the case of a Lady of exalted rank, of the most amiable demeanour, and perfectly irreproachable eh:trailer, who, in con sequence of the conduct of her husband, one of the most illustrious Peers of the realm, in point of b usily and degree, whose house was related to that of royalty in Scotland, the blond of whose Kings flowed through his veins, wa; constrained to take the benefit of these lines • and yet no person even diced to toter a doubt ;hat the character of that amiable and exalted Lady (we believe the Ditehess of liemil. ton) was in the slightest possible degree afieZted or snllied by such a peocrdare. The case of Mrs. Addison furnished :t precedent of their Lordships own making. thoueh, he aslmittol, the incestuous adultery of Mr. Addison formed a distlnet feature in that case. lie aegued, that under every considera tion which he urged, there was a moral impossibility cr Mr. and Mrs. Teush's coming together; his was not a caw of accidental infidelity, but a positive, systematic connection with another woman ; and the circumstances to which lie described Mr. 'Fetish to have reduced hinweif, which, of course must afa feet his ability to pay the alimony, was, he argued, a swing and additional consideration favour of the Bill. The divorce eroncomeed a :Wise ell hero Nvas by no means a perteet or sufficient one— many of die husband's rights, particulatly with respect to the property, were unimpaired by it. A tided to these, was the consideration, that by the passing of the Bill, the lany would be placed in the situation of any other unmarried woman. .hest: vet ions groe tic i.e epitied, that the Pe toes entitled to a favoileibie decision on the their Lordshios with respeiTto her Bill. Conned and witnesses were then ordered to arael ; after which, the wstion was put, that Bill be now read a second time. Bishop of ST. ASAPI I rose: he observed, ose-ition before their Lordships was one of great a pecniier impoeteaee. That House was more peciaily the guardians of the public morals ; and igainst these, nothing, he conceived, could be - detrimental than the ftemsency of divorce. ; e therefore, open all ecea eons, unwilino t to 'mar in them ; and, he thottelit, however is trd caw might toes. upon a few itiffividuals,it woulst, Upon tt titinner pet of The withdra this Bill The the rule on." pet r•periai ogAinst e • custaul the CAS • on tile whole, be better if no Bill of the kind were ever passed. With rasped totresent chse, he must say, it tthibited an instan ce of the gtossest infidelh 4 it WA not a single aft from a tudden impelse of the Pa:sions, but a deliberate abandon donment of a well-deserving woman, and a taking of a strumpet lo his arms, in which he persevered &my years. However. to consider the subjeft no general, and on public grounds, there might be something peculiarly strong and stiking in a case of this kind, to induce the Legislature to assent to the prayer of the petition. The case of Mrs. Addison, referred to by the Learned Counsel, was one totally distinct from that under consideration. In that case it was really a moral impossibility that the parties could come together ; as it was proved that the husband bad an adalterous intercourse with his wife's own sister. Nay. farther, the wife herself would be guilty of incest, if she returned to her husband. Mere was nothing . of that kind to in duce a moral impossibility in the present case 7-- nothing but a ttrong degree of inference. They could tint, consistently with a most important duty, consent to relieve the petitioner in the way proposed. However, he had to observe, he could not under stand how the lady's circumstances could be im proved by a dissolution of the marriage. which would involve a loss of the alimony. Upon the whole, the Learned Prelate's opinion of the ease WAS such, as to induce him to move, that, instead of " Now." " the Bill should be read a second time that day three months." The Earl of CA RNARVON expressed his dissent from the opinion of the Learned Prelate, that their Lordships passing such a Bill'as that tinder consider ation would operate injuriously upon the public morals. Neither was he aware of any law, or any rule of that House, which precluded a woman from addressing the Legislature, and obtaining relief, as well as a man, if the particular merits of the case entitled her to it. He thought the circumstances of the case under consideration ought to induce their Lordships to assent to the Bill. He would ask the Reverend Prelate. whether it was necessary to the public morals, that the husband of the Lady in qUeltion should be suffered to do every thing that could disgrace her, and deprive her of the comforts of lice? Whether it was necessary, for the sake of good morals, that the Lady should be driven to seek relief at the door of a profli gate, who had robbed her of her husband's af fections, and diminished his pteans of maintaining her. After dwelling shortly nn these topics, with some degree of warmth and feeling, his Lordship proceeded to the consideration of certain Canonical Laws, and Ecclesiastical regulations, Which bore upon the subjen, particularly a Canon of the year 1603, which he argued was not biuding upon the laity, nor upon the clergy, farther than they thought proper, and that divorces were permitted by the Divit e Law. He then recurred to the sub-' ka of the Bill, and adverted to the reduced circum stances of the Lady's husband, which must affect 1 the payment of the alimony, and argued for the passing of the Bill, which would enable the peti tioner to separate herself from an unworthy hus band. He was not apprehensitte of the Bill's getting a dangerous precedent, as every case would natu rally rest upon its own particular merits, and be ac cided upon by their Lordships accordingly. The Bishop of Sr. ASAPIS and the Earl of Celt- N•avost severally explained. Lord HAW K ESBU RY concurred with the Rev. Prelate, in a great deal of what he said upon the general subject. He observed, that no precedent whatever obtained, of a Bill being . granted upon the application of a woman, except in the case of Mrs. Addison, the circumstances of which were not in the least applicable to the present CA , C. In the one instance, a reconciliation between the parties was totally out of the question ; in the present, it was merely improbable. A material distinc tion appeared throughout. Rut the general ques tion involved considerations which were to be contemplated with a reference to their effects upon society ; a distinet rule au.l principle, with respeCt to such cases. hitherto obtained : were this to be broken in upon, it would be difficult in future cases to draw the line. The very good nature of some individual Peers would induce them to grant, with out sufficient discrimination, that which, in the views he referred to, would eventually be detri mental and injurious. Lord AUCKLAND made a few g eneral obser vations in favour of what fell from te Rev. Pre late, and the Noble Secretai yof State. It was a point upon which he seemed to have made up Isis mind, and he perticulerly adverted to the serious importance of the question, with reference to its setting a precedent for future applications. The LORD CHANCELLOR adverted to what he had stated on a former evening, namely his ap prehension, that he should feel it his painful duty to give a negative to the farther progress of the null, unless the Counsel in support of the measure could alter the opinion he thee entertained, and that he thought the best way of giving . notice on the occa sion. With re-pea to the particular case, he never recollefted to hear a more favourable representation given of :my woman. But yet, on those general grounds of public morality, which had been so ably adverted to by those Noble Lords who had preceded him, he must. proceed with resped to his assent to the Bill. With regard to the case of Mrs. Addison, which had been referred to, it was as distils& from that under consideration, as any case could be, and yet, even that case, in its efre.es without doors, had produced considerable mischief, as any of their Lord ships would perceive, should they take the trouble to look at certain trials. With respen to particular parts of the allegations on the part of the Petitioner, there were still open different modes of redness tin& from that of divorce, arid which could be re curred to. As to the question before the House, upon those great and leading principles to which he had referred, and the corm:bon he felt as to the probable, nay almost certain injurious effeas of trenching upon them, he felt it his painful duty to give a negative to the original Motion. The House then divided ; when there appeared for the Bishop of St. Asaph's Amendment 10— Against it 7—Majority 3. - Tile Bill is consequently lost. The Bills recently brought up from the Comm Ons were then seeerally read a first time. After which the House astjeurned till to-morrow; when their leirdships stand summoned upon the Earl a Sot - folit's Motiou s respating the state of Ireland. , • . • HOUSE a COMM'in.,:. The 11 - for prilenuing the away bark from His Ntijesty's woods and forests, 'went through a Committee, and the report was ordered to be received to-morrow. Mr. GILES brought up a Bill, extending to all parts of the United Kingdam, the law relative to Forgeries of Bank Notes, Bills of Exchequer, &c. which was read a first. and ordered to be read a second time to-morrow. A Message from the Lords informed the House that their Lordships bad agreed to the West India Free Port Bill, without any a:wad:mots. . Colonel BULLOCK brought up a Petition from the Nobility, Gentry, Clergy, and Freeholders of the County of Essex, on the suhjed of the Tenth Report.—Ordered to lie on the Table. Sir W. SCO IT obtained leave to bring in a Bill to amend the Ad of Ist Geo. I. for maintaining the poor Clergy. Mr. TIERNEY moved the further consi•leration of the Report of the Bill for the Camberwell Water Works. . Mr. FONBLANQUE objeaed to it, as trenching on the rights of the Lambeth Water Work Com an P T• A division took place. Ayes 4l—Noes 16-- Majority 25. The Bill was then ordered to be recommitted to the same Committee above stairs. Sir J. NEWPORT, pursuant to notice, moved That the Objects, in forming the Said of Ciiinmissioners, in• atituted by the Ads of the 58th, S9th, and 40th of the king, for hearing and determining the Claims, and allowing Com penaation to Loyalists, in consequeneti of the Rebellion in 1798, ought to have been long since effected, anti that is continuance is attended with considerable and. asele•is Ex. pew,. *fhe Hon. Baronet complained of great abuses, and instanced those of the Writers to the Board of Ordnance, and the Porter of the Lord Lieutenant, having claimed compensation for their losses in con- sequence of the Union. Mr. V ANSITTAkT said, his predecessor had prepared a Bill to put an end to that Board, which it was his invintion to bring.forward in the present Session ; he therefore moved the previous question ; which, after a few words from Mr. Cotter aad Mr. WINn ii AM, was put and carried. Sir J. NEWPORT then moved, that the said Board be abolished within six months, which was also negatived by the previous question. Mr. CR EEVY mired that the Order of the Day for the exchange of lists in the Middlesex Eledion, which stood for to-morrow, be discharged, in order to give further time to the petitioning Freeholders. Mr. A. THORNTON objeded to this, on the ground that Mr. Mainwaring had, according to the Order of the House, given in a list, and Sir F. Burdett had not, by which he had gained a great advantige, and the person who now stood in his place, would reap the benefit of it. Mr. FOX thought a few days ought to be given to the l'etitioners. It was ordered that the lists be delivered on Thirrsd 17, and the Petitioa takea into consideration on Friday next Colon , zl CRAWFU RD said, that as the Papers he had moved for were not yet produced, he should postpone his motion, which stood for to-morrow, to M inday next. Mr. S. BOURNE (in the ahlence of Mr. Pitt) gave notice, that on Wednesday it was the intention of his Might Hon. Friend to le forward a motion in the Committee of SA ppl y, tclative to the appro priation of the surplus of tile Consolidated Fund for the last year. Mr GREY said there was certainly a very con siderable surplus, as no less than five millions.frad been voted at. the commencement of the Sessions, for Coatincutal Alliances, which had never been formed. Mr. S. BOURNE said, the motion, of which lie had given notice, would relate solely to the sur plus of the last, and not of the present year. The Prise Agency Bill was read a third time and passed. Read a second time the Corn Bill, and commit ted for Thursday. Read a second time the Land Ta; Consolidated I Duty Bill—committed for to-morrow. Reported the Chancery Register's Bill, and to be read the third time to-morrow- Reported the London Port Bill, and to be read the third time on Wednesday. The Woollen Manufaturers Bills—second read ing deferred till to-morrow, Reported the Irish Bounty Bill, and to be read the third time to-morrow. Read the second time, the Irish Secret Service Bill, and committed for to-marrow. Committed the Loyalty Loan Bill, and to be re ported to-morrow. Read the third time the Tax Commissioners' Bill, passed, and ordered to the Lords. Went into a Committee on the Coasting Seamen's Bill, and to report to-morrow. The remaining orders of the day postponed, and the House adjouroed. STAT.& OF PARTIES. DE Loess e, in his Essay upon the English Constitution, attributes its stability to its composi tion of King, Lords, and Common., and clue equili brium resulting from the rrleive proportions of tlsese several parts. lie even endeavours to reduce this position to mathematical certainty, and illus trates it by reference to the demonstrative proposi tion, which says, that when three powers pulling in opposite direnions, arc to each other, as the sides of a particular species of triangle, they remain at rest. Were this principle, which is applicable to the Con stitution, applicable to a Ministry, Mr. Pirr teed not be afraid of losing his place, and his power would be filed upon grounds as steady as the foun dations of the Constitution itself. Hitherto the Mi nister had only to contend against one force. The Opposition and he, pulling is contrary direnions, Were the only powers in anion, and, as either pre •ailed, die Opposition came in, or the Minister went out. Rithettopotas long as Mr. PITT bad a • Rf r".. tjOjit? Of one (Met Mr.loel i AlN.l.l as free anl unAmtrouleJ, though ular, a , if he hat it majority of tOO. Ijkik the cast of Vkcnuist NlELett.s.E has etfetez! a t cmire chasg, in his situation. Although it may n.tt !twee gene rated, it has certainly brought iato 43ion a power, which controuls the other t , .\.n. "nlis is t!Pt ADDINGTON Party. which occasion:illy ads µ . i .!t either side. hut coalesces with none. Viic..u.it Stamm:cu. the head of the party, stands ind:. pendent and alone. He says. Nut acklietus imsee in vertu magistri, Q.l" U. eunqua rapit tempest" rleferlr The ADDINZ•TUN party, by throwing i!sJf into the Opposition scale, carried the vote of Cie Sth of April and of the 13th of Juae against th.! Nlin;ster. They muster, we believe, oLly about 40, and nn. sequently are not formidable its a separate I - ,rze; but then, upon .t division between the Minister .:1,1 the OppJsition, they shew tha the oue can early against their will, unless he can cons. mand more than a majority of 40, and that the Op, position need not dzspair of success, whenever they can muster within 40 of the Minister. Of course nol thing but a thumping majority can render the Min 4. ter safe and at ease in his situation. laevery hard fought battle, in every doulstful and delicate question, the ADDINGTON patty are the m tsterspf Mr. Pan r, and decide the fate of the cottz.try. This cous. deratior, probably, gave rise to the report which we mentioned on Saturday, of an intention, on th e part of the Minister, to dissolve the Pm,liamrt, with a ♦iew to extricate himself from a state of so much embarrassment. Whether t.':e continuance of such :a system would be advantageous or injmieus to the interests of the county, is a question which we are not prepared to discuss. We cannot con. ceive, however, that the 2rlinister will long submit to hold his piece by such a tenure, and to live is daily fear, vassalage, and subjeel+on ; but how eel in what manner he will extricate himself from the situation, perhaps he dots not yet certainly kilns. Mr. Aooreoente claimed the merit of leaving the people to themselves, in the choice of their repre sentetives on the late General Lletiae. It me have been the case in Engleni; but there is reeve to believe, that a friend of Mr. Purr wes not tota::y inaftive in Scodand, upon that occas:on. Whether the exertions of the Minister could, upon a rev F.leftion, procure a I loase more favourable to len than the present, it is impossible to say; but, el mitting that It could, it would he a very unpin' a .t remedy. Could the Gars; vi I. toe Party be conciliate l, no doubt a coelitioa of snore of CU/S.:elements, out of which the ccuntry expeeled the present Minister would have been composed, wmid be the ralee most grateful to Mr. Pi rr. A Paper of yesterday, devoted to the Minister, has mentioned a third way of rescuiree him from 11',.; present d'dieulry. I: a astonished that not one of L 11! ADDING ram Part! in the Hense of Caarnons ave'le I himself of the re. suit of Mr. WHIT3REMI'S Motion, se honourable to Mr. P. r r, to express his joy, and congratidet him upon the complete justiticetion of his elle. reeler and condul ; and it concludes with hinting, that Viscount Sin sloe ris will retire from the Cl* binet, and that with him his friends will ce,ve ei take an aa:ve part in the Haase in Commons. We own that we see no ground for this presumption. The situation or which the A norsorwe party ho placed itself is of its own seeking. Its view: it doing so have not been yet ascertained ; and me til the trial has been male, and the AA found unattainable, we cannot suppose Visceent Sinmour el will voluntarily quit the field. With still less reason is the print to which we allele angry with the ADDINGTJSS for not betreyiae SI enthusiasm of joy upon Mr. Par's most he lee. able acqaittal. They mu,t indeed be of a : ..rly and forgiving spirit if they feel no resenueet against Mr. PITT. The panegyric with w:.ich he introduced Mr. Aoorse.roe.'s administration, is is the recolle lion of every public man. Lord H A WKIS. allay "inherited his talents as his birth fee." " The name of the Earl of Sr. VINCL:tir wall tower of strengh, a shield, and a bulwark ;'—ad as fur Mr. AD o IN ()roe, "his nterits were beyond all praise;" yet, in that very House of Commons, vie:ek witnessed this praise, and face to face, has M. Piet branded these very men, as a weak, irnbe& le eel inefficient alniaistretion. Muit not the Avoise TONS, it' they be m 'yr, feel proud of an opportune! to reverse this sentence of imbecility and ire:apace pronounced upon them by Mr. Pere ? They lie: reversed it. The elitiisterial Prints now confeeet;" : the weak :red imbecile Viscount Siossoiern "c O2 " mend, and controuis the whole Cabinet, and 10 11 only the Cabinet, but the parties which are in OO P sition to it ; that the A uniSGTOres are the diets!' of the country, commanding the partisans el 111 Purr, and the supporters of the Crralition. j dealing out triumph at pleasure to eith er." Thh the language of the adversaries of Viscount . MOUTH ! Could his friend; pronounce a hi g her ncgyric upon Lis streegth, his political address, tales t+! I • il