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UV INTELLIGENCE. COURT OF CHANCERY, FRIVAT, MARCH 29. GUARDIANSHIP. sevstora v. gusrottAko ANOTHER. This case respeas the guardianship of the Ho %table Mary Seymour, the infant daughter of the late Lord Hugh Seymour, by his wife, lig illeHLoorartia, daughter of the Countess Weide , now Duchess of Gloucester. Lady Mary at present , under the care and pxotefition of Mrs. 11rherbert, from whom her uncles and testamen guardians, the Earl of Euston and Lord G. /moo, seek to remove her. From the rank and ftability of the parties in this cause, the public r est was excited to the highest degree, and the out wit uncommonly crowded at an early hour. Messrs. Easeise and ADAM were specially noel on on the part of the infant Plaintiff, along with e tsrs. Rammer, Foe Ist. a meet, and other t and distinguished gentlemen at the Bar. The nestion came to be considered upon the report of e Master of proper persons to be appointed guar- I dians of the three infant children of the late much lamented Lord Hugh Seymour, and Lady Horatio., its wife, both of whom died within a few weeks if each other ; the former in the West Indies, and he latter in England. The Master had reported that the Defendants, the Earl of Euston, and Lord George Seymour, were proper persons to be ap pointed the guardians of the persons and fortunes of the infants, and the cause now came on upon two petitions; the one to confirm the Master's Report ; the other taking exceptions to that Report, and praying that it might not be confirmed, with respeft to the youngest infant, Mary Seymnur. Some preliminary observations were made by the Counsel on both sides, with respect to the form in which the question was to be brought before the Court; in the course of which, Mr. EliblCl NE ap i logised for his want of knowledge in the forms of else Ciurt, owing to his habit of practising in Courts of Law only ; but he, as well as the other Counsel on the same side, contended, that the con stant course was that the exceptions should be heard before the Master's Report was confirmed. On the other side, the Avtoescv GENER AL. Mr. RICHARDS, and the other Gentlemen along with them, insisted, that as their petition for con firming the report stood first, it was his duty ti. open it, sad to satisfy the Court that the report should be confirmed, and that then the opposite side sight state their objeaions. The LORD CHANCELLOR observed, that in cases where infants were brought before the Court, it was his duty to look into the matters of the report. His Lordship then dire led that. ~Mr. I; 'seine should pnxeel, first to state the report, and then make his objettions to it. Mr. Easel me, in a most animated, eloquent, and impressive speech of three hour, length, ads:sassed the Court. He set out with observing, that he should officer the mind of the AaToaNey GF.SLRat. from any difficulty he might feel upon his first ad- dressing the Court, in faithfully doing that which be would have done. He should state the whole of the petition, which be would literally take for his text, and make such observations upon it, as should *CA'S "Rl' .1.• %in. The petition ret forth the ord.fr dare - tine the Master to approve of proper person or persons to be appointed guardian or guardians to the persons and fortunes of the infants, that the necessary parties should attend the Master, that he should enquire and report the ages and fortunes of the infants, and on what grounds he should approve of such guardian or guardians. On the Bth of February the Master made his re port, appro.. ing of the Earl of Euston and Lord George Seymour as proper persons to be guardians. The petition then set forth the marriage. settlement, which it was not necessary to state at length ; and the will of Lord Hugh Seymonr, dated 17th of April, 1793. Of this last it was necessary to state these words : is I nominate, constitute, and appoint, my beloved wife, Lady Horatia Conway, otherwise Seymour, the sole guardian of my children ; but, in case she shall hereafter marry, I appoint the Earl of Euston, and Lord George Seymour, joint guardians with her." In the codicil which follow ed, lie bequeathed some tokens of friendship ; his sword to His Royal Highness the Prince of Wales, as a gift from His Highness's most sincere and at tached friend; to his dear friend the Earl of Euston, a ring, which he received from the Prince of Wales : as he was sure it was a bequest His Royal Highness would approve of ; to his eldest son the gold watch, which he also received from His Royal - Highness. After other bequests, he desired the remainder of Lis fortune so he held in trust for his dear and be loved Lady Horatia. According as his f atone in creased, he added other codicils to his will ; and, pre vious to his leaving London for the West Indies , thus concluded the last : " I conclude with blessings for my dear wife, and hope my last prayers will be wafted to heaven for her and my children's hapP '- hiss. /1 wish this for the unbounded love I bear heri; and my only hope i s , tha t my devises may be libe rally construed in her favour." The petition then stated, that the Child was, at the time of Lord Hugh Seymour's death. five years old, and tesid• ed with Mrs. Fitzherhert. That, according to the judgment of the Earl of Euston, it would require MI. per ann. to maintain and educate the infant when removed from that Lady. The Master then cer tified, that he maturely considered the whole of the evidence before him. The learned Counsel made several observations upon the Master's Report, and the matters contained therein; after having heard all the evidence, it appeared to Lim that the Master had not considered the subjeet in a proper view ; he had considered Car Respondents as the Testame ntary Guardians, whereas they were only to be the Assistants of I .ady Horatia, in case of a cet lain event. Stich was the regard, such was the affection of Lord Hugh Seymour towards his lady, that, notwithstand ing the event of a second marriage, she was still to have the guardianship of his children, with the as si.tance of his two friends. He considered it a most irrational Report, with regard to the matter referred ; and if such were the way the Master con sidered the subje& it mattered nat. if an Angel from Heaven came vlown, and with an hundred tongues told the tale, It would have no weight with tilo s Master. Upon his view of the case, the ap pointment of a testamentary guardian was an unto- Manorial omission in the Will. Lord Hugh Sey mour could not forsee that Lady Horatia would die first, his soul was wrapped rip in this partner of his affeCtions ; he looked no further ; he WAS a man of rank; he was not ignorant of his Lordship's superintendauce over infants ; he did not look to the event of het death, because he well knew the pro teftion of the Court would extend to his children. Had it haipetied that he himself was suddenly struck with a mortal distemper, he should have dune as his noble fiiend Lord Hugh Seymour had done; he would have lett the guardianship of his children where this is left—under the prerogative of the Crown, vested in his Lordship. His i,ordsliip could have no partiality or prejudice ; he must be guided by sound judgment and reason. There were various other reasons for his differing from the Master's report ; in the codicil of April 1797, no thing further was said relative to the guardianship. This noble Lady was the polar star of her affeetion ate husband. He did not repose any particular trust in the Earl of Euston and Lord George Sey mour. The Master therefore must have been satis fied something was specially left for his considera tion, relative to this particular infant. He appre hended Master Ord was afraid to know Mr. Ord, in the consideration of this question. He had look ed at it as a mere matter of law, without consider ing the peculiar circtinistances of ,he case; and, after hewing examieed all the -vidence, he took no no tice of it in his report. This was a case to be de cided by plain teas, such as a prudent man and a father of children would consider. His Lurdshie, in hearing theist, would not be biassed by any var nish or gloss which Counsel could be euve. The first affidavit he read was ilea of MRS. FITZHERISE RT. It stated, that for upwards of 17 years she was in habits of the most cordial intimacy and friend ship with Lord Hugh Seymour, and Lady Horatio Seymour. The latter was in a declining state of health, and ordered to Madeira ity her phy sicians. She was in great distress of inisid with re spell to the disposal ot her children during her ab sence. She was at Bath in she winter of 179Ss whet. Mrs. Fit ele roert wrote her a letter, offering to take charge of t...ese children. 'File answer he considered one of the mast important falls in the case. In it there appeared no repugnance. no regret at parting with hee child ; on the contrary, it was full of ex pressioe; of gratitude. 'Phis letter Tee thus:—" I received y;ur letter, it was like yourself, all that is good, kind, and comfortable. On Monday I iiiteed to leave this, and j expea to be at Portsmouth on Tuesday, where I hope to meet you. I know not how to aa about little Mary, or to impose such a task on you : if her little finger but ached, you would be frightened ; yet I cannot express how I feel your kindness." Upon the meeting afterwards, it was agreed this chid was to be given up to Mrs. Fitzherhert ; end it epee . Bred to be a great comfort to all parties ; and to reke this charge, she was in duced, solely by her friendship to the patents, and from the delicate state of tJia child's health ; she could have no other motive than a sincere affediun for them. In another, letter written to Mrs. Fitz herbert, she says:—•• I have written m Lady George Seymour, to tell her little Mary was to he your child." Comparing these letters with the affidavits of the Countess at Euston, he asked whether the mind of the Lady was not better decvphered by written evidence, than by any declarations made at a rerr.ste perioh ni .ime ? en.) whether the Cennten of Eits..on might not have misapprehended the fall, when she i• .nnuated that the cite at the talent was de livered over with regret to Mrs. Fitzherbert ? Every mother feels deep regret at parting with her child, particularly when she supposes it is for the last time; and this was a pattern of mothers, whose feelings were ever alive to maternal tenderness, who, as a wife, as a mother, and an individual, was the pride of her sex, and the ornament of human na tare. On the part of Mrs. Fitzherbert, there could be no other motive in lite than her sincere regard for the father and mother ; it could not proceed from the endearments of the child ; for at that pe riod she was not more than a month old, and of a most delicate frame of body. It was asserted, that Lady lloratia was out of spirits; there was a seem mg regret et her parting with the child : was his Lordship to take these expressions in such a sense, and deal judieiaUy with them ? The last words of Lady Horatia, sailing from Portsmouth, were ex pressive of the natural regret of a mother, mixed with the confidence of a friend. Lord Hugh Sey mour expressed his gratitude to Mrs. Fitzherbert for the care she took ti the pledge iit their mutual effeetions. What was the first cause of this confi dence? A long tried friendship between these par ties. Was not the piCture of her mind to be drawn from her affeCtionate expressions ? In what sense was her letter to Lady George Seymour, that this little Mary was to be the child of Mts. Fiusherbert ? These parties, who now sought the guardianship of this infant, had made an eulogium upon the care of Mrs. Fitzherbert, which they little intended they expressed a fear that the attachment of the infant had been transplanted from the natural to the adopted parent : he admitted the danger of divorc ing the affeetions of a child from the real to the adopted mother; but it was evident that she fre quently mentioned the mother to the child. She continually kept the living parent in the view of the infant ; all these falls stand on written evidence, which overpowers assertions, and chew on what principles this pledge was delivered by the mother to her confidential friend. This child WAS delivered over to Mrs. Fitzherbert in the absence of her mo ther, by the vet y persons who now sought to re m tee her after a residence of eight years. Lord Hugh Seyrroar sailed for Port Royal, in Jamaica, in the month of Jane 1501, Lady Horatia died in England in the July following, and the death of Lord Hugh occurred in the month of September ; Ise was unacqueinted with the death of his wife. Ile again adverted to the affidavit of Mrs. Fitzher bet t. and her solemn declarations, that, considering herself under an obligation of the most serious na ture, the had discharged the duty of a parent to this infant, and, if appointed to the guerdianship, would educate her at his own expellee, in order that her fortune might increase. As a farther proof ot her affeltion to the child, she, on perceiving : er forwardness at learning, applied to the Bishop of Winchester, to recommend to her a proper per son to instruet her in the principles of the ~ eligion of the church of England, and requested he would himself inspelt her progress its religion. It appeared from the affidavit of the that he had examined her, and found her per- fe.ily capable of receiving his instrudions, and her comprehension so miich superior to the gene rality of children of her age, that he put into her hands those books he thought most suited to her capacity. He recommentLa the Rev. NIT. Crofts, chaplain of Portland Chapel, who was accordingly appointed her instntdor, in the principles of the religion of the Church of England. Mrs. Fitzherbert admitted, she professed the Roman Catholic faith, whiclivaa.the religion of her parents ; and she always openly declared her opinion, that children ought to be brought up in the religion of theii forefathers. She was not in the habit of making converts, and as a proof of this, had bred up a child of inferior rank in the Protestant religion, though she had no obli gation whatever to do so. He had a pride and satisfaetion in saying that this was a reign of tolera tion ; all distindions which could touch upon the present case were totally removed • the penal sta tutes had considered the Roman Catholics as persons dangerous to society; but, he thanked God, all these disabilities were now done away, and that their re ligion was not only sanctioned but proteded. It would, therefore, he most opprobrious to say, that, after having enjoyed places of trust, after having been received as lawyets at the bar of that Court, it should be said that their oaths were not sufficient. As the case stood at present, it was to be said, what was wise, just, And proper for the benefit of the infant : if this lady was appointed, she had not an uncon treulel authority, Isis Lord:hip's fundions did not fin,•li then, he might remove her at pleasure. The child was of a delicate constitution ; separation miseit be the cause, perhaps. of death ; it was tear ing her very vitals away, to deprive her of the ten derness of this Lady's affedionate cares. In confir mation of this, he referred to the affidavits of three several physicians. Dr. Blanc, who was her physician in ordinary, and had attended h-r from her infancy, declared she was of a most delicate constitution ; the mother, during her pregnancy, had laboured under a mortal disease, and, from the time of this in fant's birth, she had been weak, and of a debilitated habit. She was a child possessing remarkablesensibili t;; she was subject to bilious complaints, which, of all others, were most likely to he increased by an irrita tion of mind. Sir W. Farquhar and fr. Frayer were us the same opinion ; the latter was a constant wit ness of the warmth of affedion of the child to Mrs. Fitaherbert. and all agreed, that a separation from her would be attended with the most serious and tgarrning consequences. This was a species of evi dence which it was found necessary frequently to relott ta, and Court. of Justice always admitted it, aad in many cases, no other testimony was consi *lewd ; if these affidavits were not sufficient, if there revere any probable cause to doubt them, the town Iteetned with physicians, who might be brought to shew these accounts were exaggerated, but no such appeared, no doCtors differed here, arid againu these physicians there was nothing in the scale. What was now to he done was the question, and he knew no person of more sensibility of Kilnd than lie whom he had the Itonin.r then to address. The Earl of Euston desired his Lordship would try this experiment, and remove the infant, but what was to be gained by this ? The child was lost, and then it was to be said, who could have thought it ! If a sacrifice were to be made, it should oe done for some parti k esthir purpose. To immolate this child could an- TIO purpose. it could not swell the page of history, or add glory to the present age, , but was a rash, unprincipled, and cruel experi ment. He again adverted to the report of the Master. He knew Mr. Ord in private life, as .4 reasonable man, and of sound j udgment; but when he got into his o ffi ce, he gave him up ;he was then like a bird in a museum, stuffed with parch ment: his feelings were absorbed in the letter of the law. He remembered a piece of advice he once received from this Gentleman, which, as it was no , irrevelant to Inc subject. h, would repeat : " lou transplant your trees too old, by changing the soil, you destroy the sap " He would advise him in re turn, how he would transplant the human mind, he did not understand the transplanting of trees, that he would leave to the Master. These observations were the spontaneous effusions of his mind, upon the fads before the Court ; he therefore thought they were considerations for his Lordship's better judgment. He then stated the affidavit of His Royal Highness the Prince of Wales, which, though the oath of the most illustrious person in the realm, he would claim for it no other attention than that which would be given to the meanest subject. This affidavit set forth the great intimacy which had subsisted between his Royal Highnessand Lord hi uga Seymour. About the month of June, 1801, His Royal Highness received a message from Lady Huratia Seymour, requesting to see him ; he accordingly called at her house, but was told she was asleep. He received a note from her in the evening, expressing her disappointment that she had not been apprised of his visit, and en treating to see him next day. He went next morn ing. and found her in an extremely debilitated state ; she felt much emotion at seeing him, and wept ex- ; ceedingly. After some time she became more com posed, and he endeavoured to console her with the hope of recovery ; but she desired him to be silent, as she had much to say, and knew not how far her strergth would enable her to proceed. She then adverted to the interruption that had taken place in the intimacy between His Royal Highness and Lord Hugh Seymour ; she observed how for tunate she was in her friend Mrs. Fitzherbert, and expressed her satisfaltion at the care which bad been taken of her child. She continued—" I have more to say to you: if you will take an oath tube the f obit. and protector of my child, I shall die contented." She appeared relieved by his assurances to that effeft. l'he other children were called in.— Soon after the Countess of Euston was an nounced, and a general conversation took place— Lady Horatio died the next day. If this had been sworn by the meanest man in England, much less the Prince of Wales, it was a strong confirma tion of the wishes of the parents. The Prince had declared his effeCtion fir the children, well knowing that the soul of Lord Hugh. Seymour was virtu ously wrapped up in this inestimable and beautiful woman ; he retolleeted her dying injunetions, and the warmth of her affection for her husband, and the pledges of their union. The Earl of Euston was anxious to take away the child, and had ad verted to letters which could not be produced, being btu nod—burned letters could be no evidence against Close which could be produced, and the conversation A.A asathacw to was subsequent to all those. Gwaral KO* was Governor of Martinico when Lord Hugh Seymour and Lady Horatia were there, and fre quently heard them express the highest satisfaCtion at the manner in w:)ich their child was proteded. One affidavit more he begged leave to advert to, which was not before the Mast -r ; it was the affidavit of Mrs Butler, who had formerly lived in the family of the Countess Waldegrave, and afterwards re sided with Lord Hugh Seymour and Lady Hora. tie ; she was the person who brought home the two eldest children from the West Indies, and swore to their frequent declarations of their utmost satisfac tion at the situation of their youngest child. In conclusion, he adverted to the jurisdinion of his Lordship, who, under the particular circumstances of this case, he WAS well assured, would ad not upon rides of law, but in the exercise of his sound discretion and superior ';udgment. It was not a spe culative question, but one on which time had set as seal. The pledge committedm Mrs. Fitzherbert's care was fulfilled, the infant was happy, she was re ligiously and virtuously educated, her health was taken care of, and her fortune increased. The harsh divorce, prayed for on the other side, would be a ha..ardous and cruel change, and the grounds on which it was sought were not a feather in the scale against the weight of corroborating testimony for her remaining where she now is. The Prince of Wales was called upon to interfere, and he had eon duCted himself in the most noble and princely man ner, from the affe&inn His Royal Highness bore for the memory of t:ie infant's patents. He was well assured there was no case in which he could antici pate the judgment of his Lordship, with more cer tainty than the present. Mr. Anau followed on the same side, and in a most eloquent and argumentative speech, adverted to the several pinias in the case. He set out with expressing his apprehensions of his inability to treat the subjaft, after the vet y brillia7a display of elo qiience by his learned friend Mr. ESSILINS, who had left tittle for himto observe upon. He arranged his ar gument under tour different heads. First, me health; secondly, her moral and religions educatious thirdly, the o!ijeCt of the parents; and, lastly the fortune of the Tisese several points lie enlarge s upon with great eloquence and strength of argument, ',hewing, in every view, the intentions of the parents respecting this particular child, and the advantages that must be derived to the infant, should slie be permitted to remain under the protection of Sirs. litzherbert. Mr. Rost la v was proceeding on the son* aide, when the LOR D CH A race' Loft intimated the neers sity of his going to the House of lords. His Lord s'ap informed the Gentlemen of the liar that he should hear the question again considered to-mor row ; but as there was a considerable number of Bankrupt Petitions to be dispcx.ed of, which were of great importance to the public, this cause must stand over, atter tu.morrow, until they stall have been decided. Messrs. Romit.ty, FoNsim 4 Qus, aad two other Counsel, remain to be heard upon the same side. On the other side are, the Atroassat Ges ea t, Mr. lima aus, Attu mew, and two junior lawyers. aamstaimetima SURR Y ASSIZES. 11l ARCM SINOSTON.VPON - Torl The Judges lett Horsham ye at this town in the afternoon. As soon as they ar rived, they proceeded immediately to open their Commission, and early this morning proceeded to business. CIVIL. SIDE Mr. Justice HtATH sat on the Civil side, but only fourcauses were tried, two of them occupying nearly the whole day. They were both indielments, and not of sufficient interest to merit a detailed account. THE KING •. DAVY end °THE 15. This was an indiElment against the Defendant for a nuisance. occ tsioned hy their coke manufactory. in Blacktriars' itoad. Tt.e indielment averred, that. by reason of their manufaitory, the air was cor rupted, and all the neighbourhood and passengers annoyed by the smell and the smoke. Several witnesses were called, of which Cie prin cipal was a Mr. Maynard, who stated, that the • 'mice annoyed all his houses, and he had dinky complaint none, however. of the witnesses stated an: body bad ever been injured by the nuisance. Mr. Gee cow, for the Defendant, insisted that the Plaintiff had made no case. Verdift—Na Gutty. THI ICING r. MCINNES. This was anindiEiment against Alderman Skin ne-, for not repairing a road and ditch adjoining to his house at Collier's Wood, which, it was zllegeal, he SClib bound to repair, in consequence of the tenure of his lands. It was proved that the Alderman's pre decessor had repaired an arch over the di;ch leading to the dwelling-house, and that after the entrance to the house was made, he continually kept the same part of the road in repair. Fur the Alderman, it was contended, that Ids pre decessor had taken the piece of ground by incroach ment, and consequently was bound to repair while he held it ; but afterwards making a new road to the house, he gave up the old entrance, which re vel ted to the trust, and then they were bound to re pair it. The Jury found a verdi,it of guilty as to the old arch, which obliges the Alderman to repair 75 yards of road. The Criminal side was equally unimportant. Last 'night the Sacred Oratorio of The Messiah was performed at Covent Garden Theatre. Tae novelty of the evening was. the introduction of the New Accompanyments, by that celebrated musician Mozart', which was certainly a hold attempt to alt -r the effea of I-tanner's nrisic. We must con fess. in some ingances, he has heightened the et particularly to the Song of Taos sitait irea: Mena, which has always been avoided by singers, it possible; and the New Accompanyment has made it appear to more advantage. The sublime Sym phony, generally called. .44;04 .Mater, ha has en tirely spoiled, by crowding in a number of instru ments; and instead of the trumpet accompans meat to The Tranood slat/ ,wand, the words of which be speak that the trumpet should be the instrument. he has substituted the horns ; but this is accourzed for, by there being no performers ou the trump, t in Germany. who could play I-la tinet's =comps nrcienu. MOzaiT did not intend his acconspa nyments for publicatioa. elieving I intelli the un. [crot*u last aC' ILSD, ry , • big isuccr 14: 41 the Ity . :~ L I. At 11, .4 itlt nt. tes, lion ne nth les- lAs. ion. gal- im esent iviag ER T, 101 it, )t. St- 16th iweri It VI- Lives. 'until :Fi the :il sat a Mr. i ani ;cr. C ESS k II r pre• cl at afar, lad sot diver- at the Eq. i d WAS Private e room :aptain nmand ned at ITS ti from ty 11,ne Ate• u j i e ter gewArd Lsrlud • tiler of the