The British Press; or, Morning Literary Advertiser. — London, England, 1818-10-14 00:00:00

... ej . . t Ty. end hoes cited for divorce within this juris. diction. Bet the judgment given at the Assizes or Lancaster, after consulting the twelve Judges of Englentl, in the year 1819, declared the rule of the law of that kingdom to he. that a regular decree of divorce a rimedo of an English marriage, obtained in this Court, could afford no defence even against • criminal prosecution for bigamy, if either of the parties, during the life of the other. should after wards contract a second marriage in England, and condemned William Martin Lolly. who had been found guilty of that crime, to trawsportatioo. Hence it follows, that the children of such second marriages mast be Westerly. in England and in all outer parts of this empire, although legitimate in ticeitland ; and that as to every effect and coupe wiener, the same decree of divorce which is valid is this realm, mast he held a mere nullity in the other Visited Ridgdoms, end iu all our Colonies a ' is dominions. DV T . , . (-.proof of these propositions, it eon only he to mention, that 111 the case of Lolly, the in and'isife were cohabiting together in this city when he committed adultery—that he ap peared as a defender—that both parties were Judi. (-lolly examined. in order to ascertain whether there had been any collusion—and that the conduct and suitsyf his wife the pursuer were found to be liable to no just suspicion. This collision of the laws in the same empire and island, fraught with danger so manifest and eaten save to those sacred relations of domestic life upon which civilised society depends for all its value, and even for its existence, cannot however enter into consideration in deciding the present case. Here the law of Scotland only can be consulted, and a series of uniform. solemn. and recent judgments of the Sopeeme Court of Review in this kingdom hare ruled, that neither the law of the real domicil of the parties, nor the law of the place of their cantract when different from our own, is to be re garded in a case of divorce sued here, between strangers who have been married in another country. but one of whom lit committed adultery, and been cited within this jurisdiction. 'Elie circumstances in the latest of these cases were the same es in the present. except that the husband there was en attorney of London, and both parties had all their lives been inhabitants of th e bins of Court of that city. where they had been en irried and cohabited. But during a vacation j mot, in which his wife did not accompany him, he evened Edinburgh ' sod invited by letter a woman of the town in London to come to him at his hotel here, a hich invitation haring been complied with in the most open manner, his wife gave him a cita tion uposi a summons of divorce before he returned home to keep his Term. She had not, however. time to e.ll her action iii Court previous to his de parture from this country; yet there was not the 1 est ground to infer collusion against the suit of the Pursuer. who acemioted satisfactorily for her Lnowledge of her husband's guilt, and for her own measures. 11.ith that and the present may indeed be re purled as extreme cases, but the ptinciples which l. lye been established embrace and regulate these rot less than others of the ordinary description. In ell of this close, the number of which it is evident may become infinite, there can no longer be any doubt that this Court must allow the divorce to proceed. The influx for some time after those very deci. 'ions, by which it seem 4 to be finally sanctioned. did indeed unaccountably cease; bat it 'tow re titres, said no bar to it can he opposed here. Un esmscious we cannot be of the gross and flagrant injuries to morality, and great and manifest discre dit to the administration of justice among us, arising U n n t the crises of strangers, that would not have hero committed here, and prObobly would not have teen committed at all. but For the temptation iilfyrded by the defect which apparently exists, not iii the municipal law of either of the sister king- dome, but of the international law between tlnek. Jodges, however, can do no more to stay this plague, than solemnly and publicly, ou each occupon, to inform both the innocent and the guil.Aparty. how little respect is paid to the decree they obtain here in the other realms of the empire. And in performing tins indispensable duty. we neither de ceive ourselves nor our fellow-citizens DO far as to suppose that the admonition can have any other a ffect but to lead those to whom it is addressed, if they shall have previously made arrangements for • nterifig into second marriages, to celebrate these before they return home, or if they shall afterwards contract such marriages, to make an excursion to Gretna Green or some other place not under the jurisdiction o f English law, before they solem vise them, Worrier thus to avoid the risks of chal lenge, and of criminal prosecution. According to these views, the original deliverance on the present action, given by the whole members of this Court, did entertain this suit in respect of the decision in the Court of Review, in the case of Rowland, to which allusion has been made. A Judge. officiating singly iu this tribunal during the vacation of the other judicatures, consequently has no question still before him upon which he can even consult his brethren. and a sentence re storing the Pursuer to the rights and freedom of a single person, as if her husband were naturally dead, and dissolving their marriage as to him like wise, must therefore go forth, ou account of the adultery committed by the Defender with the we man proved to have been his paramour. These observations are not made to express the pain felt iu reflecting upon the consequences which have actually followed ou a similar occasion, or which may ensue from this decision. if ape parties shall trust to its validity in their own land; nor would it be proper. in this place, to descant upon the evils to which the British people at large might be exposed, were a matter of such vital importance to them to remain in this predicament. Although to all or them. in every rank and class. whatever aff. eta the rights and security of marriage legiti macy, sod divorce. as well as the course oejustice. th e s ightlity of the laws, the credit of the judica tures erdeistly must he deemed of the very highest moment. But it is necessary to explain the pre sent state of the different laws as to divorce, which now prevail in the several kingdoms of this Ussited I.:moire. for the purpose of putting these indivi dual parties upon their guard against the dangers that must infallsably arose to thesinehres and to their innocent offspring. if they shall overlook the callurion. which 'xis% and shall cuter into new • .. . sterns/is Mader the jurisdiction of the le.w I nod do Ash joint live.. They, it is p i rohar, hove oeve tk e returned to England as soon as their otteadonce ceased to be neeemory for the purpose of carrying through this divorce, and their conoezion with this judicature, which commenced with the present ease, will terminate for ever when the decree, which the clerk is about to read, shall be subscribed. It is, however, the duty of • Soli citor, which no doubt will be well fulfilled, to in form his client as to the opinion of the Court, the notes of which, as now delivered, he may have for that use. NEW MAYOR 01. MONMOUTH. ....-......- The inhabitants of this Bnrongh, believing that the power of electing the Chief Magistrate was vested in the Whole body of Burgesses, and not in the Corporation, that right having been adapted some years ago in the person of Mr. James Barnes, who had been proposed, and the clsim acceded to by the Gentlemen then in office—a:it was deter mined by many respectable inhabitants (not only Burgesses, but also paying largely to parish and other rates), to return again to the letter and spirit of the charter of Edward VI. by whom this privi lege was granted. Monday last, being the day ap pointed fur this election, a considerable degree of interest was excited on the occasion, and the Hall was never before known to be an crowded. _ When the Mayor and Corporation returned front church. and had held some conversation in the Jury-roons, it was announced to them, that the Burgesses were prepared to receive them, to enter ou the beakless of the day. After the Court had been opened. Mr. T. G. Pott.t.rores rose, and addressed it on the part of the Burgesses, declaring that interested or personal motives had no share whatever in his hemming an advocate, but solely to support the just rights and privileges of the Burgesses, as granted to them at the before-mentioned period; and that in con formity to its power, he should propose Mr. Charles Heath, as a proper person to serve the office of Mayor for the year mining. His address was re ceived with the most worked attention ; and when he sat down, they expressed their approbation by loud and long applause. The nomination was seconded by Mr. B. BRYAN. and on a shew of hands being demanded, it was carried, with the exception of two gentlemen. Mr. BRYAN then offered to their choice Mr. Herbert Harris and Mr. Hesekish Swift, as Bsiliffs. which proposition was also received with the same marks of approbation, sod seconded by Mr. Henry Hughes; and being carried on a shew of hands, the like shouts of applause succeeded, as on the mention of the name of the Mayor. Here the Mayor, Mr. JAMBS HARDWICK. arose, and stated, that hoeing the sanction of caissons to guide hien. he should propose other geutlemen to fill the offices shove-mentioned, in the person of Mr. Edward Lucas as Mayor. and Mt... James Bevan and Mr. James Evans as Bailiffs, for the seer en suing. Considerable disapprobation now arose, and th►e Charters of the borough were respectfully requested to be inspected iu Court. This request was, fur a moment, declined. but afte►wards acceded to most politely by Mr. Hardwick ; and an hour, after the business of the Hall was finished, appointed for that purpose. After a declaration on the pert of the Burgesses, that the whole of the proceedings should go before the Court of King's Bench. and minutes of evi. deuce having been taken and read in Court, there on to ground the cause of the Burgesses, the Court broke up, and retired to the Jury-room, where they assembled, by sppoiutment, to inspect the original Charter*, wl►ich were a novelty even to many of the Members of the Corporation. No thing could more fully establish the right here claimed by the Burgesses, as these documents clearly set forth their 'rower; and on Mr. Bryan's referring to the last of them, that of Charles 11. it commenced with confirming to the Burgesses all the rights, privileges, lands, tenements, &c. which had peen given and granted by his predecessor. After such authority as this had been adduced, the gentlenten on both sides took a respectful leave of each other, disclaiming all party views, their only motive being to establish the just rights and privi leges of the Burgesses at large, under the above high and indissoluble authority. On the Burgesses retiring to the King's Head inn, resolutions were drawn up and signed, and a subscription entered into, to defray the expense of the law proceeding. FOREIGN IN7'ELLIGENCS. PARIS PAPERS. PARIS. OCTOBER 10. Yesterday at half past one o'clock. the King accompanied by the Duke de Luxembourg. Cap. taio of the Guards, the Duke de Duras, first Gen demon of the Chamber, and the Marsha Duke de Reggio, went to Vincennes, to witness the exer cises of firing. His Majesty arrived ■t a quarter past two, avid the exercises immediately commenced. A great number of rampart caution, and 04 pieces of light artillery were exercised, which was followed by manoeuvres of the light artillery. The King departed from Vincennes at five o'clock, and arrived at the Thuilleries at a quarter to six. His Ma jesty was every where saluted with the liveliest ac clamations. The Prussian troops °intoned in the department of the Meuse are ou the march for Sedan, where a grand review will immediately take place. It is thought that the Sovereigns assembled ■t Chapelle will accompany the King of Froisia to Sedan. The Commandants of Fortresses, Detach ments, and Bureaux, are continued in their re spective quarters. In his interview with the King of Saxony, at Imipsic, the Emperor Alexander lavished on this Sovereign professions of friendship. It appears cer tain, that Prince Frederick Augustus, nephew of , - the King of Semmy, anti heir pillsashilivir Crown, will espouse an Austrian Archduchess. The Council of State, in • meeting of yester day, was occupied ha the examinatiran • PrOjeet Of • law relative to the pain of banishment, the Ministry have judged it indispensably 'ilietweary to make some modilinitinos therein, as the neighbour ing Powers will not receive the exiled individuals. They write from Cambray, that a sale of horses belonging to the English army wil l take place on the 24th haat. of the LAUSANNE. OCTOIIBII y. The Federal Directory has communicated to the Governments of the Cantons the Act of Ratifies lion given by the Court of Portugal and Brutal. to the acknowledgment of the perpetual neutrality of Switzerland, signed at the Royal Garden of Belle. cue. Rio Janeiro, the 8d of May, 1818. The King thus expresses himself in the letter addressed to the Confederation, in the following manner t—" It cans not but be agreeable to me to give you all possible testimonies of beneeolente and eonsideration, of which you have acquired just and incontestable rights by the sacrifices you have Merle for the ad , Vantage of the common cause of nations."—This Act of Ratification completes the series of the eight Powers who formed the Congress of Vienna. I.BIIIIIIIIIJItaH. 1181ITE1111811 la. Hitherto there were counted in Russia fifty-eight schools, or sensiessriev, for forming young eeclesi antics, and for which there had been apprdpriated an ammo' fuud of 180.000 roubles: This food having been found insufficient, the Emperot Alexander has recently advanced it by an Ukase tb 300.000 roubles. The Emperor has also permitted the ecclesiastics of all cossfessious in the Russian Empire to bear a silver cross attached to a button hole by a ribbons similar to that of the Order of Ssint-Wladituir. The Ukase pnbliahed on this occasion says, that it it '6 for having contributed, by their exhortations and their zeal, to the defence of the country in the years lON and 1813." At the Univetsity of Moscow almost all the pub lic courses have recommenced ; and it is remarked, that the very disasters of that city, have had a fa.. vourable iofluence on the state of the seieucees The appointments of the ptbfessort have been aititenented, the different branches of the sciences hare received a greater development, and the nedsber of students is augmenting. The Gymnatjuell thus been opened anew, and perfected in several of in parts. his the amine with the schools iu the country. After the example of the Emperor and Empress-Dowager, the Grandees, and wealthy individuals study in contribute to the progress of instruction by donations. and very considerable foundations.— The Count dr Schousvalow has given a sum of 150,000 roubles fur the formation of a Gymnasium at Moscow. The Counsellor of the Mines, M. De midow, has given a NM of 100,000 1"0 . 1161CS to the University of Moscow, and a similar suns to the seminaries of Kiew and Jaroalow. The Count de Scheretnetjew has granted for the foundation of au establishment for poor persons, a fund of two millions and a half of roubles, and another very considerable sum to the University of Moscow. The Grand Chancellor, M. de Romansow, has established on his estates, a number of schools of mutual instruction. He is getting built at this moment four churches of different confessions. and the fact is known that he has furnished the funds for the voyage round the world, directed by Captain Gilson-Kotzebue. Lastly, the Cossacks of the Don have sent the statues of the Twelve Apostles, form ed of massy silver, of the natural size, to the church 1 of Notre-Dame of Caen, at Petersburg's. THE BRITISH PRESS. LONDON. WEDNESDAY, OCTOBER 14, ISM THE QUEEN. Sir Haim HALTORD being at Windsor on Monday night in waiting on the KING, and in at teridanceon the Princess SOPHIA, and her MAJISTY being worse than she had been for several days previous, Sir FRANCIS MILNIAN, whu was in at tendance at Kew Palace, sat up till a late hour, and was in readiness to attend the QIIIRN before eight o'clock yesterday morning ; however, her MAIMS' being in rather en unsettled state, the Bulletin was not issued by Sir FRANCIS MILIIAN till past ten o'clock, when copies of it were dis patched to the P . MICR RIIOIINT and the Duke of You; also to the Queen's Palace, and the Upper Lodge at Windsor, to be exhibited to the anxious inquiries of the inhabitants. The following is a copy:— _ _ _ a Kr., October 13, 1813. is TM Qom baa poised a bette► sight than could have bees expected from the useseious order which her Majesty laboured yesterday. " F. MILMAN' In addition to the above. several were sent in the mune of the day from Kew to Carlton House. thy Duke of You. Ste. Sir 'WIRT 11/ILFORD arrived yesterday at Kew Palace from Windsor. about one o'clock. Sir FRANCIS IMILMAN left Kew soon after for Pinner. The PancE REGVNT went OS u-ual to Kew, is 4 %\ I t\ ' .• • • The Jaime, to pay Ms Wks* Ater 'to hit laded parent. His Royal Highness retuned td town in the evening. The inquiries, at Kew, of the neighbeering nobi lity sad particular friends of the Quoin, Were, as usual, very numerous. The Duchess of MILLINGTON and Lady Calm NORMS were among the inquirers at the Queen's Palace. There was no alteration in the state of the Quasst last evening. Paris Papers of Saturday last have arrived at our Office. By These, and private letters derived from other sources, we learn that the conferences of the Sovereigns at Aix-la-Chapelle have commenced, and are putted forward with such eirnelt actiVity; that the termination of the Congress begins to be anticipated as not far distant. It seems that, pre thous to the formal conferences of the Monarchs, the Ministers of the Allied Powers had advanced far towards deciding upon the great questieini re& served (or this Congress—ond • belief is entertain ed, that, in these Ministerial meetings, the evacoa: tion of France had been determined. But so nu merous are the considerations connected with this point, and so Various are the devices proposed by the timid beighbobrs of France to Counteract the evils that are apprehended from the removal of the Allied Army, that the queition of withdrawing the army beyond the French frontiers appears to lose a considerable share Of the importance originally and naturally attached to it. The Metitellenth and Prulsis, it is said, are extreinelY derirou• of having en Army of Observiiion Stationed along the Rhine to preserVe their frontiers, In be maintained; we presume; it the rhArge of France. Upon the inipoliry and danger or adopt ing such a measure le have already spoken more than once ; but we cannot iinagine that any Statesman among the Ministers and Diplomatists's now assembled at Aix-la•Chapelle, could, for an ins; staid, entertain such • proposition, in prefeience to continuing the army in its present quarters, and we feel convinced that every Frenchman would feel less degraded and galled by paying an army within the frontiers. thin in any of the neighbouring coun tries. The danger arising from exasperating the people of France would, in the latter case, we con ceive. be greater than in the former, and the power of repressing hostility would, on the part of the Allies, be much diminished by resigning the cau tionary fortresses. In the mem, time arrangements appear to be universally making for the immediate removal of the army, and Novedibei ii confidently mentioned as the epoch of its retreat: t durier• have been chi patched from Ait-laXhipelle it) the respective head-quarters of the setael coniihentil id France; commanding the immediate concentration of the entire army, for the purpose of a general review. This, it cannot be doubted, is preparatory to the evacuation. It will be the erne du depart, so long and so fondly anticipated by the people of Paris. Letters from Cambray state, that there will be a sale of horses belonging to British Officers in that city on the 44th, and what is a much more unequivocal proof that this great and wise measure has been determined, a notice was posted at Lloyd's last morning, stating that Government wished to contract fur the conveyance of stores from Antwerp to the Thames. We cannot doubt that the stores thus noticed belong to the British army in France, and their shipment for the Thames implies, of course, the return of the army. The tenders are to be made this morning to Government, and the ships offering must be ready to sail immediately. Is it not strange with these, and many other circum stances not less strong, before the public, that the respective Governments whose people are most in terested in the determination of the question, should still affect an air of mystery and indecision The French five per Cents. remain nearly sta tionary. but the price of Bank Stock has risen considerably. On Friday the five per cents. were 75 fr. go c.—Bank Stock 1,660 fr. Captain KELLY is appointed to the command of the l'heasont 'loop, fitting out for sea at Plymouth. The Comekou sloop of war is fitting for sea at Portsmouth ; Captain MINGAT is appointed to the command of her. The Hyacinth, Captain SmAap. and Tiber, Cap tain Docaus, returned from foreign pervice, have been paid off and dismantled at Deptford. To-morrow a new 74 gun-ship, to be named the Talavera, will be launched at Woolwich. For the prat fortnight the packets on this station have brought over a vast number of English tra vellers from th& Continent. It appears evident from the majority of these returned emigrants, that political opnnons in France do not give them sufficient security for • settled residence. Their credulity will not be regretted, as it will prove the precursor of many others shortly returning to their native country. It is astonishing to observe the avidity of Frenchmen, in promulgating the most ridiculous reports of insurrections in the menu factoring districts of this kingdom. These pub lications are hawked Omni the streets, upon slips of power, by men sounding a horn similarly to news. mongers in London, or by the beat of drum, for 5 cents, or •WY each. Their contents are pre temb-d to be extracts from the English Papers. (leash.% dreadful riots and murder* in Manchester, Birmingham, &c. The end of theme impositions is to prognosticate the downfall of Etiglotid !! ! Brig/aim Paper.) POETRY. -01... sir rue OWE or OLERIINEE. EILOTRIR OP BOWARO TINS POURER, 011 PRESENTING A WRITE ROSE TO LADE AIR ORMICILLIIP, Or TIE LANCASTRIAN PARTY. Simiid this fair Rose offend tby sight, _ !Neel" os thj bonito bite, blab to Sod itself Is white. Aod taro Laoceotriao tbere. llot if thy ruby lips it spy, To kiss it sbould'at thou deign, With blushes pole 'twill lose its dye § Agri Yorkist tore nails. DIALOGUE, ell IMMO • MIMS Meru OMC WORILIKIN *kit LATINO Ng* PLOOILS TO TOM 1/4111LTE " my Sae fellow, what's there, A davit seder repair ?" Nol ty St. Patric*, Sir," says Pat, bowilme—" Repair is leader that." WAL+ ER. kiSIIIONAi LE storzleiNft. Arrival! at the Se. Jam, sk Hotel, Jetenyovitreet and Mrs. Feist* sod family, from Paris; Colonel sod His . Carey, from s tour. The Bish4p of Hereford left Miller's Hotel, Jermyo-strert, iesterday, cm a tour. Webstet Gordon, Eat liaves the Brunswick Howie Hotel, Hatiover.square, this day„. for the Island of Madeira. the following distinguished foreigners will leave the aa reodon. Hotel, Bond-street,: this day, on a tour through Ire land, Yates,% Scotland, and England.—Prince Maximilian of Asseriaoinder the travelling name of Count Rowena'', Ge neral Coast, Markle, Colonel Bars Weber, Major Hellingee, Med Hama Schweighart Haumbiwasi, sod suite. ,N BRIGHTON, °mine it is kill RtiCertiiti when the PitiNcE REciEwi will be at the Pavilion: The improvements in the Palace go nn rapidly, and each new day now dis closes some additional feature and beauiy to public admiration, in the architectural design, The younger branches of the iIuTLANii family and Sir B. Btoostimb's, continue in Marlbo.. rough row, but the former are on the eve of de parture for London and Belvoir Castle. The young Marquis of GRANNY was never regarded in better health than at present, owing to warm and cold bathing, which has, three or four times in a week, been had recourse to at Ww.lastv's, during his lengthened sojourn here, ■nd the salutary effect of our bracing coast air. The lilies and roses which the blooming cheeks of his sisters disclose, the Ladies MANNERS, also testify to the renovating influence of our air and situation. Lady E. PELIMAN, and Lady F. BENTINCIL are in the departure list. The Librities continue to look gay of an evening. The weekly Subscription Balls commence at the Castle Rooms this evening. The arrivals at Witer's have been elegant and numerous since this day segonight. The inns, generally, during the last week, were pretty well tilled with elegant company. Among the arrivals and returns since this day aetimight, are.— Lord and Lady Ellettborougb, tbe Earl and Countess of Jersey, the Earl of Besbortracb, tbe Huu. C. Leslie, the Hon. Mrs. G. Herbert, Sir J. M. Doyle Lady Bayntoo, the Mar quis and Marchioness of Tavistoet, Sir H. and Lady this low, Sir J. Manaleld, the Earl and Guides@ Cowper, kc. The Earl and Countess of WAIWICIC are shortly expected here. The benevolent consideration of the amiable Countess towards several poor super annuated persons in this town has been exemplary. Her Ladyship has long bestowed her bounty un poor objects. whose distresses were known from per sonal inquiries during her residence here last Spring. and since her departure a liberal weekly stipend has been furnished them. We are happy to learn that the Countess and her infant son, Lord BROOME, ■re in excellent health. Lord EARDLY, so long distinguished for his Jibe. nil benevolence. will likewise shortly honour this town with his residence. Lord SAva-•ND.SsLt - s. and the HOD. Mrs. Cov erts arrived at the Old Ship on Monday. Sir VICMIY Cues has left Worthing. The health of this Learned Gentleman has long been iu a precarious state, and a residence on the sea coast has aot been of much benefit to him. Yesterday the Archduke MAXIMILIAN and suite paid their respects to the PRINCE Ilsocar, at Carlton House. The Countess of HAteti•GTox. we are concerned to state, still continues much indisposed at her re sidence in the Stable-yard, St. James's. The human species is now divided into three aexes—men, women, and dandies. The public begin to ask, why Madame BELL- Oak whose debut was so successful at Drury-lane Theatre, has not since made her appearance. There is no truth in the paragraph in some of the Paper,,, stating, that this accomplished lady wa. recom mended to the Managers by Mr. KERN. The new Sub-Committee of Drury Lane rim. aids of Mr. MOORS. Colonel DOUGLAS, Mr. WIL SON. Alderman Cox (the booker), sod Mr. IRON SION 0111.—Mr. ROSINS was proposed by Lord and bad one vote. It is said that the election of the above Sub-Committee it to be mated to a general meeting of the Proprietors. The first meeting of the Brighton hunt, on Nloi.- day stioatigitt. was numerous, and among those who enjoyed the pleasures of the diversion were ob served several dashing belle., fully e quipped slid appointed for the chase. On Thursday last a fine woodcock wits killed in Clinewood, near Swansea, by a gaantkreper of tits Duke of BEAUFORT. .1.. k .. . ~...- --., 's."- -- fc - i t wiz. -; .. . 4' / . 1, \ ...._ - 4:4 - ;-,;;„- _ .'''...: • , # ... ......,," I 0. 4 1 -C .! I ' . 41).. '