The British Press; or, Morning Literary Advertiser. — London, England, 1805-06-24 00:00:00

IMPERIAL PARLIAMSNT. J HOUSE OF LOR DS AAAAA June 22. MR. JUSTICE FOX. The House met be Adioi 1111 l nerd at one o'clock, ang son., alter their Lordship. resolved into a Committee, lot tho /tether consideration of the case 1.1 Mr. Justice Fox, Lord WALSINGIIAM in t',e Ci.air. The remaining Witoe•scs upon the charge under couaidera• being, examined ; Mr Rout air, in art excellent and judicious se , cli of consi derable length, summed u' and commented upon the effect of the esideme ; at the conclusion of which the Counsel were or dosed to withd•ar. The Howie then resume', and I.ord If NWKESHURY gave notite, that on Tuesday next •e 'koala submit a Motion to their Lordships for suspending the proceedings in the of Mr. Justice Fox, daring the pre sent session. lie should, on the same day, present a Bill to the Offset he had fmnierly stated, n imely, to continue the proceed tap its the state they then vies. in the next Session of ►arlia nesut. The gills upon the tahl were (.awarded in their several stars. TI I ELLUSWN'S APPEAL. Lord tfULG RAVE called the attention of the House to the circumstances its which this important c.;use stood before their Lords:tips, for the purpose of submitting a Motion thereon, to which the House, he tt usted, would, in its wisdom and justice, accede. He expatiated upon the peculiar nature and import ance of the cause- -a cause involving on the one side the dearest and most important interests of the parties, as far as worldly interests could be dear and Important ; it was therefore one which, ab.tr.oled from the peculiar and singular en cumstances of its nature, upon which their Lot J‘hips ougl4t not to decide, except in the rtrist solemn and deliberate . . Stunner. What he intended to propose was, first, that the order for the attendance of the Judges to de. liver their opinions upon it on Tuesday; and, second -I,', that the case should be reheard. Their Lord ships would recoiled the great length of time since the case was argued at their Bar, and the changes that had taken place in the interval. Sinre that time, they had lost that great man and profound legal Judge, the late Chancellor, who gave the original decree in the cause, but who had recom :Leaded the parties to take the decision of the highest Court of Judicature in the kingdom upon it. They had lost also that worthy man and excellent lawyer, whir- knowledge and learning in subjeds of the ruin— that alluded to was particularly great ; be meant the late Lord Ch;el Justice of the Court of Common Pleas, for whom his private friendship was as great, as his Esteem for him as a lawyer. There were, since the period of the last hearing of the c ise, two new Judges appointed, men certainly every way adequate to the station. The one re warkable for his long and incessant forensic practice, and his profound erudition in every branch and department of the law ; he meant Lord Chief Justice Mansfield : the other, one for whom he had the strongest personal regard, and of whose fitness in every point of view for the station to which be was exalted, Mr. Baron Sutton. There were also many changes amongst the noble Mem bers of that House, and those who were definitively to juige the merits of the question. These were cogent and conclusive reasons for the rebearing of the case, such as he thought no man could be founded in objefting to. The delay he proposed may be produelive of the highest possible advan tages, with regard to the interests of real justice on the one side, and on the other, it could not possibly be attended with injurious consequences ; for, accu nmlation being the °Neel, that would go on of it self, and mild not, by delay. be impaired. Added to this, what their Lordships would have to decide upon was merely a dry abstra& point of law. Their decision would involve no great legal or political principle; fur the principle which the case had in volved no longer existed : it was discountenanced by the Logislature, inasmuch as, shortly after the case wa;known, a Bill was brought in to prevent the re currence of similar instances. The delay which he proposed was ene which he must strops', in the first instance, would be acceded to by his noble Friend on the woolsack—judging from the kindness and candour of his nature, his conscientious anxiety to do every thing that was right, and even from that laudable diffidence which he seemed to have in his own judgment, though no man in the kingdom had less reason for such diffidence. Under these impressions, he thought he should have the concur rence of his noble and learned Friend, and, under the considerations he had adverted to, their Lord- ships would generally accede to his proposition, which would A lb rd them an opportunity of giving a more mature, deliberate, and coned decision upon a case of such great and singular importance. The Noble Lord then moved the first of his proposi tions, in regular °i des, which was, " That the older for the attendance of the Judges on Tuesday next, to give their opinions in the case of Thellussons and Woodfords,' be discharged. The EARL of WESTMORELAND decided. ly approved the Proposition of his noble Friend, and enforced the consideration of some of his lead ing arguments. He noticed the circumstance of the noble and learned Lord Low no more, who made the decree on the cause, having found it necessary to call in the a<sistance of three of His Majesty's Judges, in enabling hint to form his decision, who, if the Report. 4.1 the proceedings upon the case were to be relied on, had given their respeaive opi- Ow upon different grounds. Of these, one had filadl a Member of that House, but unfortunately . wan t o more, to assign his reasons for the opini o n he given. This he thought was an additional s ro„ id for reheariog the case. The considerations urged by his noble Friend, all of which he highly approved, would, he trusted, induce their nobk and learned Friend on the Woolsack to accede to the poposi ioo, The LORD CHANCELLOR quitted the wool sack. He abet wed, that the Noble Lord who made t h e motion, and the Noble Earl who sn decidedly supported it, seemed to think, that the decision of the flaw 'outfit depend upon his individual recom mendation. He was fully aware of the great and par ticular importance of the case; and, front his view of every thing counted with it, he was firmly of op;niun, that the charaffer of the administration of justice of the country should not be brought into question, by their Lordships acquiescence in what was now prt.posed. His Noble Friend who made the motion Argued, as if the case in question was a singteitt And unique caw, and produCtive of no ef teats beyond itself. But he could tell that Noble ' the. lumber of cases, of wills particu great degree depended, as to a the ultituate decision of their I.ON DON, MONDAY. Just 24. Some of the Papers of Saturday ventured to assure their readers, that Mr. Fon declared, in the course of "I hursday's debate, but in so low a tope of voice as not to be audible in many parts of the House, that it " was now his serious and settled resolve, never to look to or accept of any public situation." We are totally at a loss to conceive any Cause for this assertion, and must attribute it to error. Mr. Fox did not utter a sentiment, nor make any decla ration to that effea. What he really did say upon the subjeft is given in our Papers of Friday and Saturday. The reports of Ministerial changes, which we then also noticed, are not likely to be soon realised. it is now said, that the Opposition are determined not to agree to any arrangement with Mr. PITT as leader, although they have no objeEtion to him as a coadjutor ; and even were such an ar; rangement to be brought about, it is thought it could not subsist for many days. Things will there fore probably go on in their present train for some time; the ADOINGTON pasty forming an army of observation, watching the Minister, and keeping him within what they conceive the constitutional line of demarcation, marked out for his duty. Lord Viscount MELvti.Ln's friends have repented of their successful opposition to Mr. Witt T B it EA o's motion for an Impeachment against his I.ordship. They now think his Lordship would have a better chance of acquittal by that course, than upon a criminal prosecution, and accordingly inveigh against the disgrace and degradation of putting a Peer of the realm upon his uial before a jury of shopkeepers. We shall only say, that in relation to the nature of the charge against Viscount MEL vi LL e, a jury of shopkeepers is, of all others, the most competent to investigate it, and that there is no tribunal on earth before which an innocent man ought to be more willing to appear than an English Jury. It was reported yesterday, upon the alleged al. thority of a letter from an officer on board the St. George, that the island of Curacoa, belonging to the Dutch, in the West Indies, together with twenty sail of merchantmen, richly laden, has surrendered to 1-16 Majesty's arms. The St. George, Captain Ds COURCY, and the Francoise frigate, we understand, were part of the force employed in the expedition. The gallant exploit of Lieutenant Yao, and part of the crew of La Loire, in the Bay of Muros, on the 4th inst. is recorded in the Gazette of Saturday night. It will be found to correspond exa&ly with the full account which we gave of it in our paper of Thursday last. The Gazette also contains the of ficial account of the storming of the Fort of Dieg, by the army of General Lord Lake, after an ob stinate resistance on the part of the enemy. These, with some other interesting offi3ial details, will be found in our subsequent columns, faithfully copied from the Gazette. Yesterday the LORD CHANCELLOR called upon Mr. PITT, at one o'clock. Admiral Coca taut on the 25th April sailed from Jamaica in the N.rthionierland, of 74 guns, with the Amelia and Galatea frigates, and Vigilant schooner, to take the command of the Windward Islands. Nothing farther has occurred respeCting the Tou lon or Cadiz squadron, neither has any certain in telligence been received of the progress of Lord Nzisow's fleet since sailing for Logos Bay. Major-General the Honourable Jam, Hoeg is appointed Lieutenant-Governor of Portsmouth, vice Major-General OAERS, appointed a Commissioner for Military Enquiry. Lieutenant-Colonel WI zzr litrcuipsoz, rn half pay of the late 12th Garrison Battalion, is ap pointed an inspeCting field officer of yeomanry and volunteer corps in Great Britain. The Diamond frigate is arrived at Plymouth from the Channel Fleet, which she left, consisting of se venteen via of the line, all well, on Tuesday last. —The destination of Admiral CoLs.tpowooo's squadron, of nine sail of the line, was wholly un known in the Channel Fleet, but supposed to be the West Indies. Dispatches were received on Saturday at the Ad mitalty from Sir THOMAS GRAVES, from Quiberon Bay. The Admiral in the Foudroyant, of 80 guns, with the Windier Cattle and Ba,jiewr, of 98, Triumph, War/Mr, and Repulse, of 74, Raiionahte, of ti Egyptienne frigate, and Nile lugger, is appointed to watch the motions of the Rochefort squadron. Dispatches have been received at the Admiralty from Sir R. CALDER, dated, we understand, off Ferrol, yesterday se'nnight, at which period the ene my's combined force amounted to ten sail of the line, and three frigates, in pet fed readiness for sea : they had two more line of battle ships nearly in like con dition. Sir R. CALDER'S farce consisted of the Prince of Wales, of 98 guns, Royal Sovereign, of 199, Queen, 98, Malta, 81, Ajar. Hero, Defame, Ter, tile, and Dragon, of 74, and ItulefitigoVie frigate. There is in the notes of the Monsieur an extraor dinary inconsistencyand incongruity.which must im- mediately strike every man upon the first glance:— They begin by telling us that there is but one way of making peace ; " that they will have the peace of Amiens, the whole peace of Amiens—nothing but the Peace of Amiens—France will never sign any •'her." (Monitore, May2ti.) Five days afterwards t hey declare, "that there are tw• ways of making Peace —the one either to subscribe to the Peace Or Ami ens, or, with respell to the affairs of the Continent, and of India, to the maritime right, and the right at blockade, to consent to reciprocal compensations and restitutions not in the contemplation of that Treaty. ." Monatiu , June I). When the Sailors and Nlarines of La Loire, Of 4 1 guns, got possession of the Fort of St. Maurice, near Cape Finisterre, and had secured all the surviving Prisoners, having sent off the stores, they took off the Spanish Soldiers' fierce grenadier caps and ac coutrements from the dead bodies of the killed, and rowed in this state to their ship, all black and be• grimed with the fatigue they had undergone.— Captain M. and their shipmates were quite astonish ed to see them, and could scarcely ki:ep front laugh ing at their grotesque figures. oil- THEATRES. () The beautiful Opera cf GrOrazs to i gas... Roust Curies:i w . brilliantly att e nd e d on Saturday nights RASSINI and Mr. Ba A fl•ra exerted themselve s sem the greatest success, and were rapturously e r J the tavourito Duet at the end of the woad Aa The Ballet of 1.4 billeSairvegt followed, and produesi a fine eff'eFt. Madame PA It I SOT was uncommon'. happy in the ch•na,sli.r of the Savage Girl, chi ex) . cite.' much interest, particularly in the Lookine. glass scene, where she fi rst seesthe refleziou of h ern i o , person. It was 20 minutes after I I o'clock when Me l first Ad of the Ballet concluded, and some delay having taken place in preparing the grand scene tur the second AC, discontent arose, from a rnibenneey. Lion that it was intended to put a premature finals.,, the Entertainment. The Belk, and &MCI of spilt hoped it was a prelude to the repetition of the der of the preceding Saturday, while those f , f weaker nerve prepared for a retreat. Amidst thi suspense, a voice from one of the upper boxes claimed, .1 Make haste, go on, it's near 12 o'clnck." This appeared to be a signal for clamour, but rone followed, as the curtain soon drew up, the 134i:et proceeded, and was finished at about a quarter past 12 o'clock, without the slightest violation of order. MAY SIMIKET. Mr. COLMAN'S excellent Comedy, " The Poe Gentleman," was performed at this Theatre on Satur day night. Miss M %RA, a young Lady from Liver pool, made her debut in the delicate and interesting charaaer of ElRdg Worthing t on. We have seldom witnessed such a combination of :outh, bean:y, ele gance, and sensibility. She is above middle-size, natural, and unaffected in her manner, and possesses a clear and well modulated voice. A lithe embar rassment marked her nor, but it wore off with the progress of the piece, and the cheering , laudis which she received from every pan of the -ou e. She conceived the part correaly. and did it an• - justice. Her performance was crowned with • most brilliant success. Mr. Wassrox, the ate. Manager, undertook the charafter of pallor 011apwl, in which Mr. FAWCETT was so distinguished A fa vourite. Mr. FAWCETT gave the first impression of the part, and the idea of excellence is formed upon his model. An attempt at originality, under such circumstances, affords little choice of success, and no merit is allowed to imitation. These disad vantages considered, Mr. W a r4sroaa's performance is entitled to praise, and displayed mach comic talent. Mr. LisroN was excellent in Sitphen. Bar nowt, ; and Sir Stephen Bramble was admirably pourtrayed by Mr. Dowron. The Mord Tale followed, and re ceived much applause. The boxes were filled with the first rank and fashion. In the splendid circle we noticed Ladies ASTON, DACIIi, WYNNE, and C. , 1.4141. X. La lar4lol= 7 foal decision, upon Lordships. He knew what had been the living ' and dying judicial opinion of the great law au thority adverted to upon the case; what pro fessional men might say, other than in their cha raaers of lawyers and judges, W2S not so much to be relied upon ; bin this he believed, that as to the real legal merits of the question, no lawyer with a gown to his back, had any difference of opinion, or would hesitate to declare it instantly, were it only in a case of ten potimis ; they would see, therefore, how much of the deliberation and caution which had obtained, derived from the consideration of the immense property involved, and the particular bearings of the case in other respeißs. The cause had certainly been a very long time under consider ation, and it was nearly two years since it was ar gued and discussed at their Lordships bar. Proceed ings tending to the final deci , ion were morethan once postponed, and at one time to another session, at the instance of a noble and much respaled Learned Friend, now no more, on account of the absence of the Noble Lmd himself (Mulgrave), on professional duty. Besides, the consideration of the Judges having to deliver their opinions on Tuesday could be no possible reason for their Lordships then corn ing to any premature resolution, as to subsequent proceedings. ‘‘'llether the Judges should be unani mous in their opinions upon the case, or not, it woulJ not go to preclude the House from exercising its judgment, or its discretion as to the forme prefer able line of condat. When the Judges should have delivered their opinions, it would be time enough for the consideration of the most material part of what the Noble Lord proposed, but, under all the circumstances of the case, and the proceedings hitherto adopted, he could not give his assent to the motion of his Noble Friend. Lord MULGR AVE spoke in explanation, and pointedly adverted to what transpired from the Noble Lord on the Woolsack, respeEling his having, on the suggestion of a Noble andl Learned Lord, now no more, consented to pospone the considera tion of the case in question from one Session to ano thor, on account of his own necessary absence on professional duty. Such a proceeding was without not only his concurrence but without his know ledge, and what he must disclaim as any argu ment against bis proposition for further delay; but surely, if his noble and learned Friend had con sented to postpone the business on such a ground as that, on the absence of an individual Peer, who professed to know nothing of the law, and who never troubled the House with observations on the subject, surely he could not consistently refuse to accede to his proposal, on the strong grounds which had been laid for it; and which involved the opinions, either as left to the House, or as not having the case regularly argued before them ; of four men, either great and eminent authorities, or profoundly versed in the science of the law. The LORD CHANCELLOR, in explanation, was fn e to confess, it would have been better, had the Noble and Learned person alluded to, never made such a request, or, that he had not acceded to it. Lord HAWKESBURY observed, that with re sped to what was thrown out as to the influence which the opinions of the Noble Lord on the wool sack, and of the Learned Judges, must have upon the decision of the House : for his part, his vote upon questions of that kind would be regulated by the confidence he should have in those sages of law. At the same time, he admitted, that it was perfeftly competent to any Noble Lord to deliver his opi nion upon subjeets of thelkind, and to decisfejaccord ing to the didates of his own judgment, and such WAS perfedly in unison with the appellant jurisdic tion of that House. With resped to the grounds which his Noble Colleague, considered as adequate for doing that, which may tend to postpone the decision of the House upon the case in question a considerable time longer, he could by no means re gard them as such. Were they to postpone pro ceedings of the kind, on account of the demise of one or two of His Majesty's Judges, and thejappoint mem of others in their room, or the loss by death of one or two members of that House, however re speßable, things continually occurring, they may put off their decisions to all eternity. The Earl of Wssr MONZL•NO and Lord Hawats- Su It Y severally spoke in explanation. The question was then put, when the Motion was negatived without a division. The subsequent pro position for the rehearing of the case, and the at tendance of the Judges thereon, of course was not put. Lord HAWK ESBURY moved, " That a Mes sage be sent to the Commons, to desire that a copy of the Report of the Seled Committee of that House, to whom so much of the 'l'enth Report of the Com missioners of Naval Inquiry, as related to the ap propriation of monies lodged ,in the Bank of Eng land, on account of the Treasurer of the Navy, to purposes not Naval, Ste. was referred, should be communicated to their Lordships." In answer to an observation from the Earl of Rad nor across the to►le— The Noble SECRETARY of STATE observ ed, that as a Bill for indemnifying a Right Hon. Friend of his, with respeift to a part of his condud, was granted on the Report moved for, some light may be derived from that document, with respell to any discussion that might possibly arise as to the Legislative provision. The question was then put, and the Message or dered to be sent accordingly. Adjourned till Monday. •• • The pre-ure of temporary matter (obliges us to defer our obszmations upon Mr. Fox', proje* of a Continental Peace C..ngress, and other sullen., arising out of the debates in the House of Commons last week. THE BRITISH PRESS. EPIGtrAM. TO PETER DANOLOSS, AND THE WISE HEW Of DOTHAN!, WHO (MEC T TO THE YOUNG LOS, CIUS, ON ♦CCOUNr Of HIS yours. To barbarians, from Roma, an Amhassador went. They objected, good Lick, to the You re that unmet Th'objection to Rueci us is cleat!, strong; Nothing great can we look for, in one twat'. w rev. Tilli glut. tapli, the Republicans wrote— If a grey-beard you wish for, we'll send you arc And to thoie who object that softy we kis years, Sml the Rao r c w well known by theist:A If Ins ear,. OSCI AN. - - - On Saturday morning His Maims tr, and Prin cesses SOPHIA and Auati A, rode to the Barracks, where His MAJESTY examined some young horsey, and returned to Cranbourne Lodge. Her MAJESTY and PRINCLSSES honoured General HARCOURT with a visit, at St. Leonard's, and re turned to Windsor at three o'clock. Yesterday morning His MAJLITY, the Duke of C•sras loos, and PR INCum. with the usual attend ants, walked to St. George's Chapel, and heard an excellent sermon by the Dean of WI most) a, from the 4th of Proverbs, and 48th verse. After service, tne Ro v At. F•tAl LI( went to Frogmore. It is now generally supposed that the lyrilige Girl has jot the Combined Fleet in her pocket. Lord URI lASTONA leaves town tu.morro, for his seat at Gorhambury, in Hertfordshire. Mrs. BOOR& gave a grand Concert on Thursday, at her hou s e in Berkley-square. Upwards of 3t.,0 fashionables were present. On Friday Airs. 1 UUMPSON will give a grand Concert, at her house in Grosvenor-square. At a late Volunteer Review at Krtsincuth, the Lieutenant could not attend the Captain, not hav ing mended his bows. Un Saturday the Earl of Peugeots arrived in town from a visit to his Regiment, the Inuiskillen Dragoons, at Brighton. On Saturday Lord Mutort•va gave a dinner to several persuus of distinction, at his villa near u In eIT. On Smut-day Mrs. ViLimas issued cards for a Rout, at her house in Noah Audley-stiert, t li evening. The Marchioness of SA Lssituav gave a Musical Patty last night. Mrs. %Valour will give a gran] Ball and Supper this night at her house in Wimp°le-street. The forthcominng Comedy at the Haymarket rheatre is from the pen of Paitsca HoARS, And the Prologue by Mr. Cut MAW. Yesterday Mr. Ji,tiS*TUN gave a grand dinner to Lord and Lady Kisiaaisci, Karl of Mot t-vsoaras, WILLIAM BUitaUtiGNS, Sir 1•111111 POI.W4IY, Colonel and Mrs. Birisultotcr, Major D UN N, the kion. KINPIAIRD. the three Mif) KIN114•11101ip Mrs. JoinriaJsr, and Mr. /AIM!: AISON, at bis house in Hanover-square. On Saturday Mr. Firma, Cowtas gave a grand dinner to Lord and Lady Mstnouana. Earl Cow rya, the Hon. GkORGE and Fatuanica Last), Mr. 51i.114 ell Cowes's, General W•ito. the Hon. Miss LAMB, and several other persons of distitAiorir at his house in Old Palace Yard. .ogrP.Rl THE Ci \Ve brief meaning tr t his day. Pre sents Iv we original tions for mentioned, rear of t the Duke full uniforr 'Amps and formed a r were wet COL'S T Fs', II Witt beet And , a genrds ; t Commas aid hat ti The char thr . N off wi.4 a Muuti Tr tupponei LAY, • awl the CA tali ri,c •mt ;•%sF'N t y '►