The British Press; or, Morning Literary Advertiser. — London, England, 1809-12-06 00:00:00

boa stench a supposition Indeed, every ant must feet indignant. except, perhaps, the worthy Baronet, who seemed tolame been SO much diverted by st—.(isiairglib i nsu l te d them by ° invinte.thein gairbledsextract, thicasa.e the whole of the dispatch would have gone to expose the imbecility of the Commander-is-Chief. lie had read accounts of officer., which expressed in sliginttion. • It aims generally reported, that Sir Ri chard Strachan had sent nn account of the whole tritiotstiaii, which Lord Chatham as a Cabinet Vititstrr, was entitled to rye ; hut Sir It, Strachan bud not the same advantage of seeing the represen tations of Lord Chatham, in reply. This was one of the inconveniences of employing Cabinet Ministers upon service. Though Sir R. Strachen was brave, though Ire had every qualification to attack the foe, still he could not encounter, with effect, a Cabinet Moister. (11 great confusion ocettrred at this part of Mr. Waithatan's speech, in consoptrnce al the Nreat pressure among the stranger: below the bar.) Viler being restored, lig stated, that there was a Tv i mrt abroad, that Sir R. Strachan was obliged to Telenet, in same measure, the representations he had ' Tootle; wlnitever fortitude he might hare against toe enemy, be had none when brought in competi tion . with a Cabinet Counsellor ; perhaps, like Corporal ?rim. he thought that though death was very welt in a field, it was very nwful in a house-- (a faueA 1 At all events, it was necessary for this brave tuan's ehsracter also, th a t an investigation should take piece. When they saw a grand army. aot by detachments, (rot that would iujure the splentioar of the scent,) but all together perishing, ingloriously, in the swamps of Holland, it was neceseary that an inquiry shonld take place..aa Was it net decessary, when the whole Income• car ( of the year was spent, to know how much money and men were !net, and in what manner. Accord ing to the statement of an officer, they were burying at the rate of' two hundred and fifty a-week ; five thousand out of fifteen thousand had died, and the remainder was brought borne to perish in their own country. If they did not go up with an address, after such transactions, they were a nation only tit to he slaves. Some tnemliere, he was assure, ad mired what all this reticle's , should be about, and why they should not illuminate, and have balls, and entertainments, while such scenes were going on.—. In the 3 oar fifty-six, when the constitution was at least as vioswaus as now, our ancestors called for •n inquiry in the case of Admiral Byng. which was complied with ; and though, perhaps, it was hard with respect to Byng himself, it was undoubt edly nenductive of national advantage ; and if • similar inquiry had been adopted upon late occasions. won't{ have Wired the country from much disaster. Ile wished to know what degree of ca lamity those Geatlemen could bear, and what quantity of blood and treasure, lost for ever to the nation, would be 'sufficient to induce them to go tin with an address? They had gone up—they were ready enough to go ap upon ether occasions; when Ministers tottch-il Cie spring, they were rr... Iv to compliment them, and talk of causes worthy of standing up for ; if such was the case, 'tow coal,' they stand gazing with such a stupid apathy at such things, without expressing their Wonder and amazement ?—(Applanses)—he wished the Corporation to (-minder the -rank ethic . ' it Lela in the country, a Corporatirse which ought to give the rionntry a tune, rind hold tip to it exnmples of vine* arid independence—(app/awes.) —Whet) they said that Spain was a course wor thy of this enquiry, why di I they not, when all, instead of taring recovered. was abused and lost. act with the same candour, sad demand ingitity •?---(grophruses.) lie was now come to that plot, up6itivh!rh there 'night he some difference of 011 . 11»ftri—th.it which recomineutied the cell. ing of Parliament. Some people would ask, why reroinmend the Parliament to lit called, when it has been called already ? But eehlin he looked to what hands the administration Was entrusted---to men who were striving all they could its cheat and deceive each other—Capplouses)—torn, under whom such armies were destroyed, could they entrust them another day, moth less a month or two, to their discretion ? Ile confessed, that it was ugainst hie wish this part was introduced. for hie confidence in Parliament was lost ; instead of Umpiring into, it io the habit of defending, corruption and em bezzlement. When they talked of the Constitution, they should have some determinate idea of it; and if be understood it rightly, it implied power in the Representatives of the People, and responsibi lity in the Ministers of the Crown; hut Parliament now combined to make a stand against all attacks noon resumption : lie would wish Reforns to begin and end there ; but lie saw no prospect of it. He I.nd been told to try the experiment of an apilli cration again; to which he had con&nted. 1 wo mouth, was certainly a terrible period for the Par liament to meet; another expedition might sail in the mean time, and bring fresh disgraces and fresh calamities. Having spoken thus freely, perhaps too freely for prudence, there was another topic Boron which he would milk" • few observations` Much had been said of the habit of crying down pubic men ; lie did not wish to cry them down any fareher . then their conduct justified There were mime among them upon whom he had dependence, but it was impossible for them to transact affairs isserailly for the country, while they were tied down by the Borough-mangers. (Applausei.) When he heard one party trifling fault with the income-tax, it; one moment, and increasing it in the next. — ..hoe he saw it threatening to bring Ministers to Cpe bur, and afterwards suiting with those Mi histere—he could not i,nt question their inte grity. When he• saw Lord Clrey standing epon tables, to inculcate the necessity of reform, and censuring the apathy of the people, yet afterwards denying that cause, and treating it -as a cant, he could not but suspect public men. One party lie believed was possessed of more homair than the ether ; but if the country was to he destroyed, it signified but little which of them performed the task. From fighting for the deli larcener of Europe, they were now reduced to self defence; and if they were only occupied about their own concerns, in place of the common cause, lie would ask any man could the country stand? If the scenes of the last three months were to be re.wctrd, could it stand ? He did not wish to cry down public num, he 'wished to keep them to their principles, stid to save the Corporation front becoming such tem., insipid mortals, as to abstain from going up So the Crows. One olwervatiou more be would ales before he . eoneluded. A great deal was tees stantly said About the prosperity of the country but, in judgiug of its prosperity, they should take the whole country into account ; they should look to the situation of the peasant and the hushatitlinem s instead of confining their views to the overgrown fortunes of a few, which were foul excrescelices,-not natural wealth, the fruit of expeditions, which went into the pockets of contractors, while the real re -ources of the nation ...ere exhausted. if they per tnitted those things, the beasts and minds of Leg lishmen must be broken down. Ile would venture to may, that, in all those expeditions, they had lost 100,000 men. Upaff the whole, it became them to go up to His Majesty; and if-Ilis Majesty was well advised, lie would go to his Parli • mint, and say, as George theSecoirl had said, that he was grate. NI to his people, who had felt so sincerely fur the degradation of the Crown, amid the ruin of the country. (Load applause:.) Ile concluded wall moving, • " That an Address be presented to His Majesty, praying laui to institute en inquiry into the foe unwise, ilfdigested, and calamitous expedition, by which the blood and trea. ware of the realm had brae wasted, the character of one gallant army exposed, end its cowbel; reduced, by pesti knee, Frwatlona, and disease, more than by the sward. And eau to inquire into the Mans and Instructions upon which these expeditions were undertaken ; and situ the outi ductand capacity of the Commanders, to whom they were Intrusted. And, in order more effectually to prosecute these inquire -a, to beseech His Majesty forthwith to sociable the Parliament." Sir W. Courts observed on the many digres sions the last Speaker lied made from the question for the consideratio• of which the ineetio,g was call'ed. lie had unnecessarily gone into Spain, and made litany round and hold assertions, with out documents to prove them; and, in feet, wiihout hitting any grounds upon which to support them. No man was more an advocate for the rights of the Corporation than he was, but he hoped these rights would be properly etercised, both with respect to manner and to time. He would not follow the last Speaker in his travels into Spain, which he thought utterly irrelevant to the question for the discussion of which they were called to this meeting; but, even on that question, should it be thought necessary, he would be glad to meet him on any future day. He ever did, and did now, approve of that feeling which would grant sac cburs to Spain, in the warmest manner, and which had the effect of inspiriting their national energies, and affording to them the proudest hopes of ulti mate success. Instead of the imputed disgrace, there was nothing in the Hon. Geittlernao's speech hat a charge of disease upon the troops employed in Wialcheren, for which no Minister could, by pos sibility, he answerable. Tn have heard the Hon. Gentleman, one would have thought the army was surrounded, destroyed, and disgraced. Instead of that, it turned out that they had vanquished every thing but disease ; for which no' adruinis tration could be thought answerable. He was free to confess, that, in his opinion, the administra tion were disgraced by private brawls and quarrels. Great blame was to be attached to those to whom he now alluded. As far, however, as he could judge of the expedition, he thought the plan- a good one, though he must think the original plan was very badly Supported. Upon this part of the subject he thought much more than he would say. /Lard laughter.) He had no objection to inquiry, but he could see no occasion for the city of Lon don stirring ow the present occasion. Parliament was the proper source from which to derive invest!. gation ; and to dictate from this Court, he pre sumed. was an extension of authority, not recog nised by the Constitution. As for Lord Chatham, it was hut fait to suppose. and he would take it upon hinsseff to say, that he would be the first to propose an investigation int• the conduct of' the Expedition. There might have been a difference of opinion between naval and military men, but it woe evident, from the judgment of the Council convened by Lord Chatham, that it was impolitic to' go on. The Gentleman who spoke last bad made assertions without proof, of 5 or 600 men in this or in that quarter. He denied the fact : for the very first report heard on the landing of the troops at Wal cheren, was, that there were 30,000 men to oppose them at any single point. The Hon.. Gentleman was equally mistaken, when he said the Davy did every thing. From his own knowledge, he could say, that the army co-operated in every movement. The Hon. Baronet then passed . a deserved and handsome eulogium on the army and navy, and lamented the disease that had thinned the troops, though it was by no means so had as had been represented. No man could tell him there was any national disgrace to this. In his opinion, Walcheren was more valuable titan either Malta or Gibraltar; and the Minister' who advised its evacuation, ought to be dismissed. The Hey pourable Baronet then entered into a defence of the measure, and contended, that, as a diversion in favour of Anstrie, it was wise and justifiable. From this exertion we stood higher and firmer than we had ever done as a nation. The reason why we did not succ•••al altogether, wasofrom the armistice being come d between France and Austria. The Hon. Barmaut then generalised, and contended, that if Austria had continued the struggle, the di version made by Britain must have been very ef fectual. He raw no occasion for this address. Parliament were the proper court for instituting the inquiry, and if they slid not properly exercise their functions, he would be the first to support a proposition aimiluir to that now made.. Under tins persuasion, he begged leave to move the pre vious question. Mr. S. Dixon rnae to second this proposition. The time of the Court had been taken up with the most irrelevant matter he had eve/ heard on any question. The story of Spain had nothing to do with what they were atimtnoned together to discuss. But, even on this part of the question. he would defy Gentlemen to produce three military men who would support the opinion given by the mover of this question, so' the talents and conduct of Lord .Wellington. Every than, who knew ail thing of military tactics. he wild sure, awarded the most unqnalitied praise to Sir Arthur Wellesley. The only cause of the reverses of this Gi-aural was the went of provisions, a source breathing no obloquy on the Cksieral. If the Court wonld look at our succeeses, they were such as by far to counterba lance our reverses; and he thought it but fair to take both into the same account. We had the victories of Neilson. Deacon, and Wel lesley, which had atrigped our enemies. to se: ' Tr- • aphid the sinfartunate easnolties of those who Ilook at the gloomy side. But, independent ,of this, Parliament were immediately to inert ; mid there could be •no doulo r al priori, that they would do their duty iu investigating this im portant question. Parliament was. the true con stitntional source, and if they did not do their duty on this important occasion, he would join in any address, fur which, at the present moment, he could see no hecessary or le,rel cane. Mr. Alderman Smuts followed, on the same grounds, and thought the address, at pre.rent, au nece Mr. CiIIIFFITIIS supported the nieginal mot i on, and thought the Court ought not be silent on this occasion. Ilettren atiloalterie.l on the iniiiisteral exections of the Istne-ida, and on Ministers cutting each other's throats, instead of attending to the in terests of the country; and gave his decided vote for the original motion. Mr. KEWBIE thought, if the Council agreed to the present question, they would sacrifice their dig b.ecause the country could not think with them; hut if they took reasonable resolutions, the country would ever respect mid foliose their example. Mr. Aldern.an WOOD supported the original motion. The sickness of the troops he consi dered as uo excuse for Ministers, its they meat have been aware of the unhealthy climate, before they bent nut the expedition. Mr. Alderman &HOLEY thought, that, instead of reflecting disgrace on Ministers, the present mo. tiou, if carried, would reflect disgrace on the Cor poration of Loudon, who, net buying gruunds or doe contents before them, were incompetent to form judgment inn the present momentous, though dal* rate w .anion. Mr. Alderman COOOBERERE supported the ori ginal proposition, as expedient at the present time. After the importance and magnitude of the question had been acknowledged, he ass surprised at the ministerial escwria, which had 60 long influ enced many Members, being continued. The Hon. Alderman then took a long retrospective view of the conduct of many Members of the Court, and contended, that, in the present, us in many past in stances, they had supported Ministry through thick and thin. Before Parliament met, he contended it was their duty to address the King, that the sense of the Common Council might enforce an inquiry, which could ant be expected from Parliament, if left to itself; which, during the last session, had deadened and smotherearthe sense of the people. Mr. Alderman HUNTER supported the previous question, and contended, that if the artieirpi.of the opposition party on this question gained a paltry majority of two or three votes in a hundred, it was not the sense of the 350 Common Councilmen of London. Mr. JACKS stated -the question before the Meeting, which, he thought, had been deserted, in much of the preceding argument. There were only two routs for them to consider—lit, titer the Expedition to the Scheldt was politic' and, 4J, Whether this was the proper time to ad dress the Crown on the subject? He could not think it was ; and if Gentlemen, on the other side, could declare, that they had no confidence iu Parliament," and " that they did not believe there were twenty independent Members of Parliament," he was at a loss to conceive for what purpose they would petition for an assemblage of that House. For his part, he could set no ground for the .Cor poration of London, immediately after going up to congratulate His Majesty on the occasion of the Jubilee, going again to interfere in his prerogative, with regard to the assembling of Parliament. If Parliament, when they met, did not do their duty, he would be one of the first to insist on an inquiry. Mr. Alderman ATKYNS took a full vine of the question, and contended against the policy of coming to an immed ate decision on a motion, in cluding so many points, on which they were, from the shortness of the time, and their general know. ledge, incompetent to judge. He trusted the Common Council would nut be rash, on so import. ant a point ; and that, before they determined that an expedition was unwise and ill-conducted, they would at least think it necessary to have some evi dence before them. Mr. Alderman Parce supported the previous question. Mr. Alderman Cause • mud Mr. PHILIPS, the original motion. Mr. WArrumAs made a most able and animated reply.; after which the Court was cleared and di vided. For the previous question— Alclennsa _9 .. Commoners 6 716 Against it— Altiertnen and Lord Mayer Comutouers 7i--77 Majority The Court then divided on the original question of Mr. 'Waithtnan, when there appeared— For the rluPvtiun— Aldermen and Mayor Commoners 61-46 ----- Against Aldermen 9 Commoners Sa-6a Majority LAW lIVTELLIGEIVeIt. CURT OF KING'S BENCH,'Dtc. s. Sittings at Nisi Prius, befure Lnrd ELLENEOROUCH, and a Special Jury. HARRISON 0. RING. The Plaintiff in this c;pir is a respectable Attor ney, .Ad the Defendant is a person well known to the public, in consequence of his extensive 'wen niary transactions. It was an action to recover de. megee for various instances of malice towords the Plaintiff, exhibited in the shape of diferent crimi nal prosecutions, libellous aspersion, and false im prisonment. Four charges against the Defendant were specified in the fecord. First, that he had maliciously, and without any reasonable, or probe. ble cause, apprehended the .Plaintitf, and charged him, before the Magistrates of Bow-street, with hier. int; forged an acceptance to a Bill of Exchange, for the sum of 151. purporting to be the accept anon of iVloeirs. Home and Co.. No. 4, Copthall court. no sitch persons (as was alleged) being in ex•' istence. Secondly, that, on the 11th of December, IRO, he puyished a libel on the character of the Defendant, in the Sunday Newspaper, called The British Gills-fiats, in a statement of facts, purport. ing to be- a report of the proceedings before the • - ' • ? Magi,teafes, on the said charge of forgery. 'Medi!' that he had maliciously entered judgment in execs tion against the Plaiutiff, on a warrant of attnrot i .te , for the sum of aaol., whilst, at the time, -he w ., tint indebted to him a farthing ; but, on the' eontriiry, that the Defendant eyed bitn, (the PiaiDtitf) 451. the balance of aii accouat. Fourth. Iv,' and lastly, that the' Defendant, on the jth of jacoiart - , in the presentyear, aro before die Orai.d Jury of the county of Middlesex, and preferred an iudietnient against the Plaintiff, for obtaiinog moo • ney uurlrr false pretences, by 'glans of the said 3 Bill of Exchange, he (the Defendant) bad before charged him with having uttered, ktiowiug it to tot false and forged. The evidence on the pert of the Plaintiff fnily sustained the case stated by the Attorney-Gem:cal to the Jury. Mr. tl.tryoau, oa behalf of the Defendant. made an eloquent apOettl to the Jury ; wtua, aftrq an impressive charge from the Bench, wiled fir half an hour, and found a verdict for the Pla.nuti, damages 1,5001. COURT OF COMMON PLEAT, Wtseutarraa. Sift*, at Nisi Penis, before Lord elpief Justice i~atr end a Special ilia,. RIOTS AT COVENT-GA RDgN THEATRE. HENRY CLIFFORD, Esq. N. NHL J•INES BRANDON. There being only tie of the Special Jury in at tendance. the Plaintiff's Counsel preyed a tabs ; the remainder were selected from the persons in at. tendiflCe as common jurors. Mr. itHNNINGTON stated, this was an action brought by the Plaintiff against the Defeudant, to recover damages for au assault made on the Plain till lay the Defendant, at a certain Theatre, called Covent-Garden Treatre, on the 3lst of October last. There was another count, charging the De fendant ...till falsely imprisoning the Pluintiff; to which the Defendant had specially pleaded ; first, that the Plaintiff had, in the Theatre, which was licensed to rulurro Tragedy and Comedy, acted riotously, viol hail broken the peace dirriiug the performan-e, op tire injury of the proprietors, with the intesemin of effacting a reduction of the prices, in cons eq uence of which, and for the purpose of preventing an interruption to the performance. the 1 Defendant gave the Plaintiff into the custody of a constable. The second plea was, that the'Plain tiff had heen instigating_ other persons to•give their assistanee in support of the riot. The third plea was, that the Plaintiff had been generally Maim; the riot, cud generally instigating others to it. And the fourth plea was, iii justificatiou, that flan De fendant acted as the servant of the proprietors of the Theatre. Mr. Serjeant BEST observed, thpt his Leatoed hire l had fully stated the cause of action, and the several pleas put in in answer, by the Defendrin't. It was a question, if met fairly, of the greatest con- • sequence and moment. The Plaintiff was a Ban. rister, of a noble and honourable family ; he had the greatest urhaoity of mermen, and possessed most superior tulents. The Defendant ass a sere vent of Covent-Garden •Iheatre ; bat it wan the best mode to leave him out of the question, ands, consider it as a question between the Plaintiff and the Manners: The circumstances must have Veen very well known. The Plaintiff csiteplained or a moo grata assault, which had been eoromitted o n his person, and that he was brought in custody be fore is Megistrnte, at Boweetsect Police OfEC.r, who discharged him, although he heard more thau they (the Jury) could hear this day, for there was a charge of riot sttempted to be mode against him. He did not intend to contend, however illegal the conduct of the :Vienne's had been, that it ass to be resisted by violence, although they bad been guilty of extortion. If even all the pleas were made out, they would not be anariewer to the Plaintiff's case. They would find, that if a riot aud uproar had taken place, it would be proved to proceed front the stage, and Dot from the audience. He was con vinced it would prove so. Whatever riot did take piece, he was certain his clieut did not participate in it ; and even if he had, the managers, and they alone, were to blame; no damage had been done to the theatre ; and if it was a riot, it was truly a barn less one. He was surprised at the moderation of his client, in marking his damages only at tool. for the great injury lie had sustained. He memd them, that he felt confident, that they (the Jury,) must be of his opinion. The Plaintiff was as iude ppendent as he was respectable. He promised them, that his client would not put a shilling of it in his pocket, hut that it shoiald be used for ascertaining the rights of the public. He here read the appeal of the Proprietors of the Theatre to ,the public, on the first night of its opening.— He then commented on it, and observed, that their conduct, since the rebuilding of the Theatre, • . but ill accorded with the patronage which they ac knowledged to have had received. They boaster , ' of the large accommodation fu: the public. He wished theta to consider who came under that dee nomination. It was the person who hod profligacy aufficiest to g,ive 4001. per year for a private hoe. He, Serjesnt Beat, went to the Theatre, mid, from his habits, was a net rugs man ' • but what had ' been denominated riot by the Defesularie, did n t 'strike hum with terror. He observed the two-ahit gallery. and f.,und that ono-half of the persons in it were shut out from a view of the stage.: Pe honoured the opinion of an enlightened public. There was au appeal made to them, end they had as much right to disapprove as approve. The Pro prietors receive 15,0001. per annum for the private boxer, which would repay them A per cent. for the principal of 150,000 i., which they had laid out. He was of opinion, that the piddle were , right in opposing both the advance of prices, and the shameful introduction of private boxes. If they had a remit, which he doubted, he wished they would produce it, end chew the extent of their monopoly. lie was extremely sorry that the re spectable persons, who inspected the accounts of the Theitre, as a Committee appointed by the Ma nagers, did, with rich peecipitsnce, come to a con clusion. His regret was the greater, on account of his being personally kslown to some of them, sad he held their worth in high estimation. But it was impossible for any set• of risen, let their worth be qtr so great, to inspect, in a few days, the accounts of such at concern for twenty peers. and.gtve a coin petent repeat. They must have been deceived ; and he wished with all his heart they west mar way i 1 -