The British Press; or, Morning Literary Advertiser. — London, England, 1809-05-19 00:00:00

I • I I - HOUSE OF COMMONS. I: • • magnitude, end tended to &atm d.s 'Abe se cunty seed private liberty slavery individual in the Lutal. It had alwuy► barn Inc compolittioe, 'he was living in a couutry where every thin;( he held sa wed would be secured to him by a Jnry vilufwere t) determine withouobei mg influenced accidebeg to their conseleaces. Berry mail by the law ef' tills country WWI presumed to be innocent tell he' Wile proved to be guiltio betterre a mu) acquitted aid declared innocent by his,Pestre was to be branded . with guilt. The law relating to seetwity for good be baliouy was so clear that he thought there cal no Necessity for commenting upon it sifter what lied been stated at the bar. MI cruel and tyraimical exercise of power in a Judge Of any other Officer, however high. ought certainly to be uttended to and prevented, and when he held it as hi. settled opinion, this power alluded to existed in the Court of King's Bench, that they could impriona iu any gaol of the kingdom. lie did net intimate they had p over to confine within sects% promo: those tintio were goer by, and the present had no reason to en bootie tiny apprdernsioe. With no view, .he must confess, towards his own satisfactiou, but rather in deference to their Lordships. and diet üblic import ance of the present caecolie would propose u question to the Majesty's Judges, whether in the ease of a person being convicted of /Hi olteuce in Middlesei, the Bourt of King's Beech sitting at IVestiiiiiister, have authority to imprisot) the offender in any quunty wool besides that in which the Court sat or the cunvietion took place. Earl STANHOPE eu or„ested e'verbal aineudesseet •a in any goal of the kingdom, other than that of the county Irliere the Court sat, or that the comity where the conviction took place." • The Lottu Chino . Justice of the Court of Com mon Plea, proceeded to deliver the opinion of him **Wand the learitolJtolget on the question proposed for their considenition. Ile considered the ammo; referred to at the Bar, as conclusive iii slippert,of that authority so exercised by the Court of Kiag'i. Bench. Durin g ( die time of his profession.. al life, which had been a period of fifty years, lie never to the present moment beard it disputed that the Court did not possess the power of confining a inept within anyPrivoit of the kingdom. After referring to several ewes which had beeit prey weal y uutotioned. its front them declared his own opiiiioo, and t h at of the rest of his Learned BrotOer., were in unison es to the right of . the Count of King's Bench to that authority. He ofso considered the other part of the question respecting security for good belie viour so clear, that it needed not to have been agi tated. lewas the constant practice of almost every term. Ile therefore prouonuoed their opinion, 'a That the Court of King's Bench had jurisdic tion to imprison in any gaol of the kiugdoin, and to oblige the parties to find security for their good • behaviour in any aura, and for any period of time." Lord ERSKINE entered at some length into the merit of the preseutquestioie which lie was induced to from a principle of duty, itfoer having expended so mach o$ his life in the legal profeesion. He conceived, after the pains and zeal which lw always manifested in the discharge of that profession, fie ihnuld tune been extremely remiss, if he had not objected at that tiine to the diatom imprioomoent of some inert who had confided their cases to his care, and for whom he felt himself considerably interested ; but it never occurred to him the Court of King's Bench did oat legally eaerecioe that power. Such am his opinion at the time, and he had heard nothing iu the•course of the discussion which tend ed to . preduce time smallest alttratiou in his senti ments. He was confirmed most satisfactorily, by what hat fallen from the high and learned Lord Chief-Justice o!' the Common Pleas. He considered the offence for which the parties were eoutined asone ofa inset dangerous tendency. A libel might become of the mast atrocious ()fleeces, and.nolie could be more so than that which went to prevent Juries from acquittinr, men whom in their consciences they considered ionoemit. Good God, to what • "dangerous extent this principle might be carried ! and considering the inau bremt, how naturally it was influenced by the opinion of our fellow crea tures, there would be an end of ell security if Ju rie• were to be evade responsilde to the opinions fee the verdicts, and particularly verdicts of acquit tel. His Lordship concluded by expressing his conviction of the power alluded to lei .g legally claimed and exercised by the Court of King's Bench. The question was then put by the Loso CHA 3( ctio.oa, whether the Judgment should be re versed or affirmed, when it was onaaimously agreed to, that the Judgment be affirmed. Mr. ASTLeII, Mr. LONG, other Members from ' the House of Commons, brought t) the anxhall Bridge Bill, and several private MI6, which were laid upon the. table, and severally load the first tame. 'the other orders of the cloy were then disposed of, and the (louse Adjourned. Mr. East, from the Offit. of Auditors of Public Aces.. le, pretested a list of Pubric Ace.ants,wrlich bad not that °dire, lap to the stli of lassary Inlay. 0* the nestioe utter Jona SI retain, a Committer was appointed to Umpire isto the progress mode by the Board of Agi 'utters in the surveys*, England wad Si...timid, and to report the advantage the robin sere likely to derive there trust The order of the day for the House going into a CWROlit• tee on the Irish Post Reed Bilkers, &kn it till to-morrow as was the third reading of tke Irish Assize Fee Bill. The Gas Light Compute Incorporation Bill was ordered to be read a thwd tiro, oo tits day se'eniyht. • Mr. Down*, obtained leave to bring in • Bill to snake provisam f.e the wives and families of Volesteers serviug fur mew hallooed ie the Militia of Ireland. The Hasse resolved Itself intc a t'uinutittee out the trial Militia Completiou Bill.—The report was ordered to he re served tu-veurrow. The Paupers Removal Bill was reed a second titer, and ordered to be rusamaltedeu Wednesday seat. A 3ltsaagr (ruin the Leeds sasounced their Lordships' sweat so the Clyde Navigation Bill, the Warwick Camel &11, the Albion Inserenee EV, and I others. • MONUMENT TO CAPT. HARDINGE. Mr. K. I%' •ko rose to move tier an Address to His Majesty to give directions for the erection of • monunsmit to the memory of the late Capt. Ilar ditigr, wh o fi:11 its it naval engagenieut with the pi e d ni o i mise, In !he East-Indies.' In moving for a great ustiotiml reward to to meritorious an Officer, he raid, that be taixht . fie susperttil of taking honour to histWar r kiy twinging it forwartll ; it how. t to: lel{ to histiot Awls adventitious firtaststassetto • . . • alone. by holding the public situation he did. With respect to the gallant Officer in questiou, he Wasialonise a boy in years, though a veteran in the service; the whole of his course having been mark ed with daring enterprises. He commenced his career at the glorious siege of Acre, where he was Woven lip, by a sudden explosion, hat escaped de strut-mu ;- his Kellam conduct subsequently, when lie commanded u gull-boat, obtained him a gold medal in honour of his services.; lie was next ap minted to the Terror bomb, and was employed Hi the bointrtrilinesit of 1101.110g111 . . A4ltairal &tumo ral reported Ins gallantry, which was never more conspicuous than on the occasion, when, having the command of the Scorpion sloop, he cut out the Ahriman brig, of superior force. on tiro Dutch coast ; there were two sloops lying oil the coast, and Capt. Darthuge was detached to reconnoitre: lie found they were both superior to him, and that the outer one had 290 men pit board prepared to resist ; lie had the good fortune to be jouled by the gallant Captaiu Perry ; after a most vigorour . re sistance, they bearded awl cocci .1 the prize ; the Admiral was very modest in his act:omit of Cuptaiii (Jardine and Uroitsin Perry, mid dwelt much on the va:nur of the Dirteli C rptsin, who died like a hero, bravely defending iii• vessel, which might have experienced a different fate, had Ina exertions been adequately supported; the gallant coo. I lardinge wished much to have saved he. hraveisiovolient, had it been practicable, and so struck . wait 0, with his gallantry, t nit lie 'lever mentioned nit name it ith on t tears. ilk was next oppointed to thr St. Fio re's:a. of 38 gulls, under the ennorstind of Admiral Pellew, in the billion St'AX, whose he met with Ike Pie(bronitaise, hi the month of March. 1808, whidi • %%%%%% iijeil 50 eon', 4101 lied' on board 64i0 mem-- When the enemy seud • vessel to a (fistula fore:gie %fano'', they always *elect the beat, and although korming the state of this vessel. and Lime St. tio rers:e having only ten men on board, still Captain Hardinge did not fear to attack liar. An action commenced, which was of three dap, continuance : 011 the first, each left oti as it were by consent : uu tbe second day, after a fight of nos hour and fifty minutes, the St. Fiurenzo ca. n4duged to fell beck to repair, wheal the enemy took the uppoetunity to sheer oil. This would have induced xu ordinary Man to desist; hut he hail no sooner completed bis repairs, than he 14. , :110 bore down upon her, and was unfortunately killed, after an hour's renewed en gagement. when the gallant Lieutenant I)irssou completed what had barrow nobly begun, soul car ried the enemy into a British port. The Hononr able Member felt it unuecessary to heighten the picture to the House, or to dwell upon the effect a natioiial reward. of this kind would base upon the only, which went to immortalize its heroes. Sir F.-Pellew, in making his report, dwelt forcibly upon the zeal and gallantry of this officer, who fell in time hour of victory; the officers abroad subscribed 50001. to raise • monument to his metnorj, and ho was sure the liberality of the country would never hisooldette by the exertions of a few individuals. Gen. Maidens', in writing to the deceased officer's father, represented the advantages gained to com merce, and to the nation, as brilliant and singular, and said it most be gratifying to his friends to leitni h lie was beloved amid admired. A letter of Adiniral Tyler suggested the propriety rais- Ng a usouument to Ns memory iu St. Petal's, while a letter of another friend expressed his me lancholy sense of pleasure in recording his virtues and his glorious achievements. He was aware tied some Hoe. Gentlemen might dissent (Kell the ttro lien he should submit-is-out from • different* of opiniod on the merits of Capt. liardinge. but from an adherence to the cold forms of office, lest pitblic honour* should become too cheap. The Hon. Member theii cited instances where similar honours had been bestowed, amid concluded with inovirrg, " That an bumble Address be presented to lii, Majesty, that be would be pleased Were directions fur the erretion of a monument in the Cathedral Cherth of St. Paul's, Lon doe, to fhe memory of Captain George Nicholas tbar dinge, for his emineut sersices in • short but glorious life, who fell in an action in the Indian Seas, iu the month of March, t sot, when the Piedmontaise, a ship of superior force, was Caplntrd by the St. Floret's° ; and to assure His May.sty test they would make good the same." Mr. WINDHAM said, that if such merit were al ways to be so rewarded, the honour of national re wards would cease by the extent to which they would be carried. He felt time tusk lie had im posed upon himself was ao ungraciout one.; but mere merit did not constitute such a claim us was now urged ; it should not only Ire connected with success, but with extensive indiums, interest ; it should be something which would put the Public mind before the wishes of individuals. PIO one could think of rewarding merit thus wherever it should be found. A captain of a boat might strew such gallantry, stud then the rewards would lie come so i4 enerail, that the distinction would cerise, and with it its honours. The rank or the officer, lad the extent of the success, should be imam' with merit to bring it within the custom of.the country ; sod the House wutild consider whether, in agreeing to this motion, they would not be an injury were they iatenried a benefit—ln deliver ing Haire sentiments, "he trusted the Douse tircrull not attribute it to want of feclm,,' , „ but as originat ing only iu • sense of justice. and public duty. I Lord eASTLEILLAOII felt that this question call ed fur the attemtion of the House, mud that they atiould.draw a line of distinction which might aug meot othe best interests of the iouetry. • Such honours were allowed to commandos of ships of the line, and there was no case where individual merit is more fairly brought to the test than when ship is opposed to ship. He thought it would be tit to ullow such butionrs to extend to cases where death emitted in consequence of ettgiagemehts with a imperior force where victory followed. If they were to search their naval annuls, few concomi tant actions would he found ; the rewards must therefore be very limited, and consequently they could not deteriorate so lunch as they would emu late. Under these circumstances the lionise would not be going beyond its limit, in supporting the motion of his Hon. Friend ; orel coming from the •Ailininilty, they might with safety presume they could not injure the intereqs of the navy, and that they might give due justice to the memory of the • gallant cliieer. without breakiug down their esta blished p!inciples. Mr. W11.114110110E arologiretl for trespassing epos' Ilia time of the noose. but would detain thew only tee or three talautmo. it was a plush's ;-- l ~.. remark that %as pressed upon their attention that they were likely to be overwhelmed with applicai bons for rewards, were they to record the heroism of all officers of the rink and merit of Captain Ham , tillage. lie was well informed that since the year Mu, there were but three cases where comma:al ine officers fell, when opposed to superior force, where victory followed. It was in the contempla tion °fan illusts ions statesman now no more, to have recommended to Ills Majesty, the establishment of a naval order of merit, in which sitlferent ranks should be rewarded : he thought some such should be proposed by His Majesty's luestitt Ministers. It was but just a sort of immortality should be gi ven to those heroes who could nut be 11l any other way rewanled. The navy was the glory and strength of the sanitary, and it would be highly gratifying to see rewards to the memory of heroes distributed through the metropolis. Mr. ADAM did not conceive the motion before the Hawse to be contrary to its adopted principles. 1.. was fit to record such great merit, such dietin goished valour, because there was no other way of rewarding it. Nothing was more essential to the interests of the country, than to reward and to en courage gallantry in distant seas ; it ORS unpurtout to our cominercial interests, Had Captain liar ditige lived, there would have been uo necessity of calling upon the )louse, as lie roald have been otherwise rewarded, but as lie lied fallen, he would support the motion. Mr. AiARRYAIT said, that incntinent* were of value uuly iu proportion to their rarity, that they should only be granted where great national ser vices had boric performed, sod thought it would not be proper to bestow them on Captains of fri gates. Mr. C. W. %VT Kee said, that none felt more warmly than he did the services of the gallant Cap tain. but he could not agree with the' propriety of thus distinguishimig hint. Other valiant men had equally. distinguished themselves, although the rapture of the vessel might not follow, who. were equally entitled to public honours. The next 111111 g proposed would be a vote of thanks ; the Clouse should not make light of its hououss: if the monument was the only thing to he granted, its value would be soon lost. Here the liouourable Gentleman asked, whether the Committee ap pointed to superintend public monuments intend ed theirs to remain without iuscriptious, us he had observed those were erected to the memory of Hunt unit Harvey in Westminster Abbey. He then said. that if any case could occur which would justify much * proposition us that before the Mouse, Captain flardinge was that. But from the reasons he had urged, and fedi.% great objection that the claim should be negatived, he would move the previous question. Mr. YORKE, in answer to the Gentleman, said, that the monument's of Harvey and Hula were erected before the appointment of the COllll - mittee; but, from arrangements which had been made, he had no doubt the Hon. Member would sonmi see such inscriptions as would meet his appro bation. As to the questiou before the limier, be considered the await of Capt. liasslinge so conspi cuous, that he would give it his cordial support. With respect to the order of naval merit, alluded to by nit lion. Member (Mr. IVilberfore.), it had been under the contemplation of his late Right Hon. Friend, but when he died, it died ; lie hoped, • however, that it would be anon taken up again. Mr. COWMEN thought the House should agree with the motion of time Right I loneurable Gentle man opposite, and that the House should rather go hey I iW rules, under such glorious circum stances, than atop too shm . t. Mr. W. &Ist' int said, that a Captain of a frigate was as much a Post Captain as a Captain of a on gets ship; and if a Captain chose to leave u line of' battle ship to take the conisnand of it frigate. to forward the public services, why should he lose his reward ? The House ought not to he too scrupu lous in giving these bourns, there was no other way of rewarding merit. He was sure it was not a question of expense, but of honour, and hoped this would be gireu in the taint honourable way. Admiral MARKHAM lamentsd there had been any apposition. He bore testimony to the gallan try of Captain Hard/lore, and said, there was this great dietiuction in this case. that wbenever this young man had beeu called upon, lie always dis tinguished himself, and it was for his general cha racter, as well us for his valour in the action in which he fell, that this reward wits to be given. Sir CHARLES POLE hoped there would not be a dissenting voice upon the present occasion, lle thought such gallantry should be recorded, and mentioned the trite instructions Lard Nelson gave to yours'{ offices ---" Victory or Westminster Hall" (Abbey)—.l laugh. Mr. R. %YARD. in explanation, said, that the reason lie had hot brought the question forward earlier was, that time official papers did not arrive till Deceinber last. Mr. WHITDRCAD hoped the House would not go to st division ; although hr was as jealous us soy man of snaking light of the iewa►da of Parliament, NMI if the previous question was pressed, he should vote against it. The question fur the Address to His Maje Sty VINII then put, and carriesil mist: l i ))) ons:v, and the Address ordered to b.• presented to His Majesty. DiVoItCES. Lord PORI:IinITER, un pursuanee of his notice. moved for the appointment of ■ committee to search the Journals of the Hoitse of Lords, for any proceirdsuigs iii the present Session of Parliament relating to any standing orders on the subject of divorces. The. Noble Lord stated, as die ground of this motion, that the House naught know how far its privileges and legislative functions had lawn en croached up ost by a late order of the other House, which declared that no divorce bill should be re ceived by their Lordships, unless it contained a dame prphibuting the guilty parties from marr ing. This, he thought, was unporilorisible cruelty, and most onjust, as being contrary to the p eiplev of divorce bills. It would therefore be wise for t:s is House to adopt seine precautionary measure after the standing order was laid before then,. The CIhiNCELLOR of the EICIMQVU.R. opposed' the motion, as he had heard no argument to in duce hinn to come to that crinchtsion stated by the Noble Lord, It was merely a standing firths to regulate the conduct of the House of Lords itself, cud by no means fur site purpose of treaching ou -. --._.#_--- II .1111 the privileges of the noon of Corommia, sa e to emitioul their legislative power. Mr. I'ONS4OI4ISIr begged to differ from the Right Ilonoura!deUeutlemaii in his construction of this standing Order, for he thought it applied to every Divorce Bill that could be introduced, altliouo originating in the House of Commons. It was therefore an improper constraint uposi the power of the Courinous to receive or reject any Bill of Di vorce. Would it t o t be equally unreasonable, if the House of Commons were to make a standing Order, that on Bill of Inelosure should be passed without stipulating diat a hundred acres should be always kept in tillage? Nothing could be more absurd than thus to attempt to introduce into pri vate Bills, mutter of private regulation. Th e rtguiling Order in question was an attempt to force that Ileum to legislate upon a st importani subject, however disagreeable it might be to their feelings. - Mr. %VINOUS/4 thlinght that every thiug that had been stated as argument against tlio motion, tend ed rather to support it, and gave them good ground s to suspect the nature of that standing agreeing to the appointment of a Coorm.ittee s could riot possibly be attended with any disadvantage nor inconreinence, for to alt appearance at resew, the initialing order interfered, in ,a instant' ilegiee, with the proceedings of the House. Mr. IlaTituasz argued against the motion, and supported the principle of the StaudingOrder, as there was, ill #ll4 001111011, nothing to prevent the House of Continuos discussing the clause so intro diced, and even disagreeitig with their Lordships iN any case they thun g lit proper. Mr. WILL//MS Wirtilsit sail, he would vote fsr the inotioil, for whether be dimipproved of the Order or nut, he thought this way the most proper mode of having it fairly ascertained what its object really was. Su Samuel. Rout t.t.v mho supported the motion, iii lie thought it was impossibly to put the true con- • strurtioN open the order, unless they were to see it. The stateditig order in question certaiuly seein e.: to imply, not only that the Divorce Bill should b. received, hut that uo Bill should pass the [loose of Lord*, without that claim prohibiting the par ties from marrying. It was the same sort of legis lative regulation Ili was introduced into the statute of I leorge the First, for Naturalizing foreigners; wherein they are declared to be in.:upside to be come of the Privy Council, a Meinher of Perlin niLia; or to.hold any office of trust. It was well known that no Bill of that nature could be passed without such a clause. 41 the House of Commons declined complying with this standing order, a Bill of Divorce might be exposed to the risk of being thrown out alto 6 ether. It was a most unjustifiable invasion of the privileges the House, and au at tempt to restrain the free exercise of their opinions, and consequently the House must be greatly obliged to the Noble Lord, for having brought the matter before them. After a few words from Mr. Hersey sbirru, Mr. IlawaiNs Bitowtill, and Lord Pottclikarnit, the House divided— Against the Motion . 67 Forit Majority against it csa bILSLA lIOSPITA Sir OkWALD NlosEtt:r observed, that the Right Ronoucatile Gentlemas opposite (the Chancellor of the ,Excbeqiter) tout formerly plated, that i.e meant to use hot etitleasours to persuade Colonel ' Gordon to give up the land, irregularly granted to hilt., at Chelsea. lle load since heard reports cir culated, thit Col. Guidon did out isli to com ply, and therefore he would he %Nil to know from the. Right Hon. Gentleman himself Low fir lie had succeeded in rectifying the abuse eoinl.lained oft The CHANCELLOR of the EXCHEQUER answered, that he did not recollect haring stated so as sal now represented, but he had merely stated that lie could make au applicatniii when the. Reports of the ot bur surveyors were pronounced, iu order to effect whatever was recommended. That application had not yet been made, and therefore he could not say any thing further upon that subject at present. 6IIIECI7RES. Mr. HENaar MARTIN said, that he had only this day learned that the Right Lion. the Chancellor of the Rachel -Art inte.:Jed to propose certain Reso lutions, Which would partly go to negative those he had lately submitted to the House, as to the abolishing of certain Offices and Sinecures.—This he thought was rather uneandid, as he formerly bad been given to undarstaind they were to be fair• ly discussed.—fie should therefore wish the Right 1100. Gentleman would propose some day when !loth sets of liesolut . might be discussed. The CHAWCELI.oR of the EIRMEQUA.It said, he could not think the hit set of Resolutions were en tirely at variance with those of the Hail. Gentle man. After they were printed, he would have no objection to both sets being discussed together. DEBATING SOCIETIES. The ATTOILNET-(;great4l--- , " I rise in pursu ance to my notice, to move for leave to linsig in a Bill to uniend an Act of the presenrKing, for pre ventiog Sedition* Meetings. of the propriety of this no doubt call be entertained. By the Act of the 36th of the King, all lonises *here meetings took place were required to be licensed, end if not. they were declared to be disorderly houses. That Act having expired, it wii renewed by the 39th of the King, which also enacted. that houses with . :.t licence were to be deemed disorderly within the meaning of the Act of the 36th ; but upon refer ence thereto, it was found that tli orderly homes were not priperly defined, so that it was left doubt ful what were to be deeineti disorderly houses. lie therefore meant to 1111/VC for Irate to briny iu a Bill to amend the said Act of the 39th of the present Kiog." Mr. PONSOVBT said, he cduld not perffictly en dei,tand the Right 11011. and learned Gentleman's object, sod therefore be would be glad to hear come further explanation of it. Tne Arroatttr Gartedet.--" I thowtht I had explained the Act with sufficient precision when I had referred the Bight lion. Gentleman to it, al though I had not detailed it to kim. Ify the 36th of ..{tto King, it is convect that houses in which debating societies shall lie held, fur the purpose of discussing certain subjects therein derirribvd; and at wltTio houses money .114'1 lie received for admits siou,sluill be licenced; awl wises se' tiory • I• 1 ' - a 4.1 1 A