The British Press; or, Morning Literary Advertiser. — London, England, 1819-01-26 00:00:00

been denied nor explained, but, on the can vary, they hoer lo en passed over in absolute Oetsce ; and do Honour:dile Gentlemaii ho spoke I•r the Se cretary of the Hume Department. lotions that abuses pki‘t in transport ships. lot-eat lie mould n ot deny the fact ; and at a moment wino it is ;to posed to nowise into the state of prisons mi land ' ,h eti Alinwers have been at length driven to take o p sa inquiry which they should hare established 1 04 ego—/Hear, kenr)—when the necessity of th-l' 1111e14Allte is brought home to the under stooling and the feelings of every man in the mou rn., I,y, a pohlicoion so fall of profound into,- rooms, of such great ability. of such chaste and o nimanding el.nissesace, us to reflect eternal ho nour on the pen and the heart that produced it; mind that conveys to the world the firm assn. rsoce, that whenever its author shall he called to 'ill a politic situation, he will discharge its duties .soh honour to himself, and with happiness to the eauntry—at this time, said he, whets tin inquiry is ahout to he proposed by the Government into the state stud discipline of prisons on land, it termed to him a matter of astonishment that an effort should be made to stifle inquiry, and to inns over in atter silence the state or the transport vessels l's a matter nimiirthy the attention of time House. Thus, whilst prisons on shore were to he immcpmed ito, and he hoped reformed-I)6s eons at sea, ler such he would call the convict *hips, are to be posed over without inquiry, without troy tice, though the cries of the sufferers appeal to every humane feelingof man. Surely, he silk if Govrroment mean to interfere in one instance, they cannot refuse inquiry cad redress in the other —for the miseries of the wretched beings are out inure acute, or more severe on land than they ore oil sea. The statement of Ins Honouruble Priem!, a statement which must have distressed the feelings of every man who heard it, was not contradicted; and as to the case of the individual whose Pesti 0000 is now before the House, the Hon. Geolleman (Mr. Bathurst) contented himself with attacking the cha racter of that individual. He was theu, it seems, pommies!, not for the crime of which he has been found guilty, but he has been punished on simile cans of a bad character ; if he did nut labour under this suspicion, it is clear he never would have been transported to Botany Bay—lie would sot lie sent to associate with time lowest and the most wretched of mankind—he would not endure the hardship. and the suffentigs attendant on st voyage to that place. He moth] now observe on moonier subject, hut it was one which was closely connected with the question before the House. He hod lung felt and lamented the imperfect state of the Penal Code—it cries Almon for amendment—and it was his intention to have made • distinct proposition to the House on the sub. ire,. He was, however, prevented from &Mg mt, finding that notice had been give's iu institute as. to quiry on the part of Ministers. Ile had, therefore, some hopes that the question would be takes, up on an enlarged ptinciple ; he did hope that Ministers 'mewled to perfmoin that duty which they owed to the country. by cousidering. on an enlarged and extem. sive %L.:kir, the presets! -ystem of punishment. He hod hopes that the slamming increase of crime— that the lemons of experience—that the example o f every other country, r mild induce the Government to comider whether the present mode was a wise one. But if he had been rightly informed of what pass.ll in die House before he entered it this even ing, he leaned there was not much reason for enter taining those hopes. He understood it was th e in. tention of a Noble Lord, now absent, to propose the subject to the consideration of the flOilse; limit {it'll' the observation of an lion. (Irtitleinati at the ether side, he must conclude that th A grest (pies -0.011-11tis question that presses so heavily imposi th e feeltiozs of the country—this question, in whose side *humanity has enlisted so many advocates, is not to have the benefit of a distinct inquiry, but is to be made a kind of oppendage to the discussion on the state of the prisons. lie felt that nothing could result from that tootle but disappointment and delusion. He was impressed with the magnitude of the subject; he felt that it demanded a separate and solemn inquiry—the country looked for it—and lie could not think that he would have discharged his duty if he did out bring the subject under the immediate attention of Parliament. ...........5.... A'ir. LAWSON said the Hon. Gent. who spoke last I ball mule observations that demanded it reply. He th.st ss Government had declared their inten tion of inquiring into the state of prisons on laud, it should therefore follow that the situation of ilaus l iort vessels should be improved. Ile did not Musk so ; he thought there was a great distinction between the prisons and the convict ships; in the one innocent persons may be confined, but to the other there will be found none but the guilty.— The Slave Trade had been also alluded to; Europe cried out against it, hut the slaves were 111111istent ; they were not suffering like the convicts for their crimes. The Doti. Gentleman, lie said, was anxious to pr ess upon the Douse the consideration of the Outfield Code; he would abolish the punishment of death ; but he would go further—he would substitute transportation for death. and lie would make trans portation something less than it is;but lie (Mr. Lawson) thought that if they olsolishesl the punish meld of death, they ought to make the next punish ment more severe than it is at present. Tile lion. Overlent in (Mr. Bennett; loud pathetically ilesri Med the sickness and inconvenience of a sea voyage, but he considered it a luxury. do so many go to watering places ?—why, he asked, did No lily Lords leave their domains and go into nor lialgiugs, if no ;tilvalitages were to he derived trom the freslialess of the seat air?—/A laugh.) — As for the hardships of a sea voyage, he had been at sea himself—lie travelled by era from Dover to Cola's, and there he saw gentlemen, and ladies too, lu U agate as distressing--the saw things as gross as shat described by the nom Gentleman.--( d twit:hi—He was somewhat surprised at the ex treme sympathy that the case scented to excite 1.1 the bosom of the •Ilooourable Gentleman , or himself he could declare, that he never nnmitted a sin u, his life that he knew of— ( Loud laughter)-.and though he did not impugn "fliers fir the crime of original sin—lA laugh)— vet he felt not so much compassion fur the cause of °ne gnilty. As to the case of Dr. O'Halloran, it had 'ieen urged Olt his •dharacter should he entirety but of the question. If character should have no effect, fur what Mats is it that such great '!auctitiii is put into the hands, not merely of Judgss, but of cantrwal Cutnitry .Meg;se.atis, who hive power to mitigate the period of un prisoninefit ? If the pnitisliment of trsiesporestens were less severe, it words'. he said. have no efr'el• Confect.; leave the week in high spirits—they sent very happy—(A lough)—anti if that state of pies sure were to continue, transportatitin, so far (rum l oreventilig, would lie only an inducement to crime amongst people of slender incomes—( Lour! laugh e has often !weal convicts joke oil the sub jret of then. jouniet —Whilst others, they reniarked. wer e travelling at own expense they would travel at the expense of the hung. As to the charge made against the Noble Secretary for the Home Deitartstient, he was altogether ignorant out the subject ; but there were so many &arson charges brought forward faint tune to time, tied they were so unfounded, that lie thought it pru dent not to credit them. Mr. BUITON said, that the question seemed to him one of the last importance—one that mu:e ex cite the interest of every man who had en under standing to comprehend, or a heart to feel for hu man misery. His Hon. Friend (Mr. Bennett) had brought forward certain charges, and how were they intl.—not by a denial of those charges, but by saying, itsdeed, that Dr. O'llalloren had a bad cheracter—(Hear, hear,) —as if the character of Dr. O'Halloran were to be a bar against inquir). It was, on the contrary, as it struck VIM, a strong argument in favour of the inquiry. The Mae Gentleman mode some observations on the speech of Mr. l...twstes —( Who ruse amid load cries of " Spoke, spoke !" )—lie said, lie understood front the lio n . (; en tlemat t who spoke last Ike he ( %Ir. said a 110 , 1 i to 11tO4111011 Was as severe it . journey to Botany Ilay.—/ Laughter, and cries rf " Spoke, spoke !" ) He did not say any such thing, but what he said ware, that a voyage from Dover to Cahns was as severe as from Portsmouth to Botany Boy .—( Loud frteht::r.) Mr. HAOVIY said. he felt that it was necessary for him to apoligize to the Hostse, however shortly be should occupy their attention; but struck as be was with the weakness and the sophistry of the last speaker, be would beg to Make one observation. He seemed to pride himself extremely in a most wonderful discovery. He (Mr. Lawson) said he should set soother Hon. Member right as to the distinction he made between land prisons and convict vessels, and the distinction was this—that the intiocesit ;stay be coittitted in prisons on land, but at sea there are none but the guilty. But though it may be true that ill the convicts may be guilty, still it seemed to escape the sagacity of the Ilon. Gentleman that they are not guilty all of the same offence—that many of them, young and uisfortunute, have been etnivicted of very slight otteuces—that their crimes are different—that the terms of their exile are various—diet some are transported fur seven years— that some are transported for 14 years—that some unhappy wretches are exiled from their friends and their country for ever ; so that if there be (said lie) any thing in the observation of the Honourable Gentleman, their punish ineet om board should be rated in proportion to their crimes, and the scale of adruessurement should be according to the nature of the offence. Mr. ItoeiNsost said, lie did not deny Lint that the case was worthy of every investigation that the House could bestow upon it. Still, however, he could not help thinking that it was not brought for ward in the fair and calm spirit of inquiry. It was, he believed, four or five years since the law respect ing transportation was brought under consideration —it was then reigned to a Committee, and he did not know that there was more reason now against the law/ authorisitig the sentence of transportation than there was then. As to the vessel io question, he believed she was on the same principle with most vessels on the eime service. Mr. BENNETT said—.‘ Sir, before the Petition be given I have one or two words to say. My Hose Friend who spoke last is not correct if he supposed that I have timelied ots the subject of the law respecting triewportation—l did not even allude to it. I heard some years since of the state of transport ships ; I made an attempt to get o n board one, and failed ; but on the ship so often alluded to putting back, I embraced the oppor tunity, mid at much pristine' inconvenience ifs coming down from the country, I at length got on board. I saw the situ:Amu of the vessel—l Mete mired with my own hands, in this simile of vice and wretchedness, the spaces allotted for the unhappy sufferers. 1 made it my peculate care, and I shall ever lend my assistance to the unfortunate. I am not to be deterred from the path of duly cress by the Sowers of the Ilutiourable Gentlemen. — It we? become, him—it well becomes the pane rot of noel who Hewer toot any pains to serve their fellow-creatures—sit well becomes the sup porter or a Guyer 1111 l eta that never lent its aid to correct Onuses. If they have latterly affected a die. position to look at matters thin so long claimed their interference, it is not from choice, the public voiceof the country cried aloud mid could not be put dowse and they have, 1 verily believe, takes, up the subject for the mere purpose of taki n g it oat of the hands of attest who are homiest and straight forward in their endeavours. Sir, 1 have been !tit :owes , by the sin becoming sneers of the which are more discreditable to the t orsois who te-ed them than to the person to whom they were applied, and I thus notice it to convince the Right 1 Inti.. Gentl eman that no blow shalt be directed agaiust me with implants.. Sir, my object in rising was to sate the facts which 1 am iii ptiblleaSloll of—tot Sillitrillat Jib 'suntan beings have been put into cribs 4 feet long by lip feet broad, cacti crib containing six persons. I know not bow others may feel, Sir, but I can never think of it without horror—l never can speak of it without shame; it has, however, been I treated with considerable levity by ais Honourable Gentlemen at the oilier aide of the Moons, it is strange how the relation of Itutmin sufferings coot be treated as if it Isere st mere matter of juke. He has, Sir, thought fit to compare a trip to Calms to the sad journey of these unhappy convicts—as if the long passage of six months, over stormy sees. in the misn ame l have attempted to describn, was to be compared to two or three hours sail from 'Dover to Coitus. lot that description I really see lifeline; to excite this unbecormitg, I had almost said this itidecent , gaily. I sin not the advocate of crime—but I would wish to be the friend of the unfortunate ; they are human beings like ourselves—and when you consider 3110 of them confilsed, cooped up. 1 think the House will not hesitate to adopt such nu- Aar liate steps as will remove a prarlice ablnirrt..)t to Inntrinity dirgrneelnl to Ike flrnish Mr. B. BATHIURsT tut(' that miteit praise 1.341 been IWIMIWI.III uu a (ictilirinapp (111. Cai.iier), who was the agei‘t isploonned by thr Secretary for the Home Deportonen . . whilst t h at Noble f i rr.on mos censored. He complained of this as nuf.nr and unjust. Mr.. tinouctisst %visited, lie awid , to koew *be. titer ihr .pace. a. stated by Mr. Bennett, was for six individuals 5L feet by 6}, feet broad ? Mr. BATHURST said, he could not state how tint fact was. Mr. BROUGHAM next asked, whether there icis any thing peculiar in the construction or accommi... dation of the transport in opiesiiiiii, or Whether It was exacilynn the same plan of the other ships in that service ? Air. llsTluuos? said, that to answer that question would require more (Wail than he 'mild now enter into. It was, he had already stated, tinder the com. wand of a Naval Officer, and he hail no reason to suppose that It Wall lint regulated di the other ves• eels are. Mr. Dotit:Las said, it has Fern stilted by an Honourable Member, that the space allotted to the individuals was 5i feet by t$ feet. 'Phut statement is suit denied ; but the Right Hon. Gent. has apolo gised for the manner lie has been obliged to simmer. chewed exactly the state of the Home De partment, where itiformation i'annot be procured even concerning the dreadful facis which has. %a deeply affected the I 'mine. Mummalile testmomv, he said, had been borne to the character of Nlr. Copper—he was far from wislinig to detract froin it—lint it appears that he was wilt down by the Noble Secretary to inquire into the state of the ships. Now, either he did report, or lie did not—if he did, why is not the necessary information afforded to Parliament ? If he has not, he has fooled in the performance of his duty ; but thin, said Mr. Dou glas, I am not to suppose front the character of the mail. Theo he did report ; and we ore to take it fur granted, because it has nit, it camint be dewed, tlutt three hundred {Hunan beings were, penned up in the Calllll of this transport, a n d that to every six of them was allotted a space of five and a half feet by sin and a hAr. Sir Is.t se COFFIN reprobated the situation of the vessel as Mast 11Calida10119. lie said that a Mall of ordinary feelitig would be ashamed to have his swine treated as these tinhaopy convicts have been. lie hoped, lie said, that Govehitneut would itnine diately see the matter corrected ; if the ship should sail, he would not be surprised to hear that not a single mall of them reached the Cape of Good Hope alive. Here it was anxiously asked by several Members whether the vessel had yet sailed, as an instant should be dispatched to detain her. It was answered by Ministers, that the vessel had probably sailed. I . lie Petition was then brought up and read. It set forth in substance, that the Priv Miter, I. i‘‘l, flee O'Halloran, Doctor in Divinity, had, for a great number of year., served his country essentially— : but that, in the decline of life, hr had been found ' guilty of defrauding the Post-office of ten-pence, and sentenced to seven years' transportation : That he was put on board the hulks, amongst the most abandoned characters : That he discovered two of those depraved wretches committing an abominable offence—in consequence of which he wrote to Lord Sidinonth and Mr. Capper.—Not hing, however, was done to tiring those crimit.iiht to justice, but, on the contrary, lie was reproached by the muster of the convict bill', for having made the discovery. lie therefore prayed, that their Honourable House would tike the hardships of Isis case into their candid consideration, and act upon his Petition in such manner as may appear most expedient to relieve loin front his dreadful situation. Mr. BEN to ETT, in moving that the Petition do li e on th e t a ble, said, it was highly desirable that the whole bill'iret, connected with the state Of the hulks, and the littisig-up of the convict ships, should be thorolighly iuvestig•ttetl. Ile held it to be utterly impossible th•it any one Committee could perform the duties which, it appeared, were to devolve on that, of the motion for the appoint ment of which, notice had beets given. The ditties were multifarious—the papers and discontems that were to be examined exceedingly .iattitiesous---asl the subject of so cosofirelietisive a nature, at In de mand a most minute scrutiny. Ile meant, there fore, ou a future day, to give notice of a ))))) on the state of prisons generally. Of O'llelloniti he knew nothing—for him he cherished no parts color feeling of compassion—hut he was deeply in terested fur the miseries of all those nithappy crea tures who were ►uffering under the sentence of the law. If the ship in question hail not .titled front the Demos, mid it was probable that It had not, its he had received a letter from on board, on the i'-!d, in that ease lie hoped and trusted, that Go vernment *mild give tintnedate orders that she should he stopped. The Petition was then laid on the table, and or dered to be rioted. WOOL. TRADE. Lord Enatar:Tua presented a Petition from the NVoOI-comber* of Ti%,erlotu, fur a revision of the law* relating to the traJe iu anol.—Laid on the table. BANK RESTRICTION ACT. The CHANCELLOR of the EXclitAtut:n suit, lie hnd already stated that it was his intention to 1111 l vr. on an early day, fur the continuance. fur a shun period, of the restriction of cash payments by the Book of [,gland. lie now wished to apprise the. Rouse, that, in entisi wiener of a commuoicution lie had received, so Litely us Fulday tuortatig last, from the Gentlemen composing the Committee, whom the Beak delegated to consult with Govern. inent on great official questions, lie ttionglit it Wll4 necessary, that the applicaiiiiii for u Bill to continue tile restrictions rlitiiilil be preceded by a Committee of Inquiry, to collect and Is) , before the House such information ur could be disclosed without pre judice to the ititerests of the pubtic. This !king the rose, lie declined taking any step a ith respect to the Mink Restriction Act, until the motion of the Right Flom Geutlrm•in (Mr. Tierney) was posed of, stud the Report of the C lire to which he bid alluded WON 'lnd on the table. Slr. TIERNEY rx prerseil his viiiisfitetion at boil. iug that lite Right Hon. Gentleman begun to see the ques.idni In something like the right voila. of 'law, hear.) --If the Dirt ctote of ti,c B.llk ...,chttiy rot at. i:tquity, Ite e.utgrotiLited them oil tlu extraortrninry rhtin.te in their vennin-iiiv, since the hid fnnnerly, in common with Ali,,e,dee., voted rogeino :Inv inquiry witlilanevet.--(//efir, hear. hear. f how ! ever, motto he ..11..wril to !•loy, Om, hr dill 1101 ex !anti grn.it lwitelit from the %Ittmititteictit of this (7/mmittier. 111;c11 . 10fr, teneW the 110. flee hr 1011 tZivril 011 TI . ;11••11.1y die .11ti.lit timi. Getokinin that hr tiw.tta to twr-tvere in ttiotitm—lwrwis-e hr. w %%ell P 01-fiell thug /Mille trick wtts to for Ihr pn,lnnw- or de frittiltg the of fret (Atha' hear. Ile etstrotlrrpol the proposititrlt lot f:otsiuottee to have Leen extorted Irnlls 11e , • rrar• ttiterltly ltelwvell Alta it would reottlrr tit) 411h•talltlei bervice to the ( Hear, hear.) ; . BURGH or Annutn:r.N. Lord A HAMILTON stated, that it was leis intro ! lions on a future day, to brim moiler the consider ; *lion of the. House, the recent elt-ction of 111agis !noes for the Burgh of Aberdeeh—and, as it would 1w necess iry for lima to be possessed of certain pa lwrs, prior to Ilse discussion, he wished to tott, whetlier.Mirti-ters were disposed to gru.st Oppose cuenents, or intended , to resist their prropluctiois ? If the papers werearranted, he would submit his ! motion to the House nos to-morrow seimpight, I under P.:* swapressi 0000 0 that the lord Aslvrscate of &odour' would Orem lw in his play, or, if lie were I not o thet the Right Honourable * Gentleman oppo pile (Mr. Bathurst) did nut deem his presence ar t Cessary. Mr. BATHURST said, it was impossible foe him to declare, es the Noble Lord had not explicitly muted his view of the question, or the natuire or the papers be wanted, whether their production would be opposed or nut. !f he undeirtural the i Noble Lard's object, he dial :sot intend to confine himself is' a dopy of the strisitiest issued by the ; Privy Council, for the appointment of Magistrates in Aberdeen, but that lie meant to cull for papers ; of another kind. Tlie Nohle,Lord must therefore i see, that until the 'precise object of his motion Was known, and the endure of the papers he meant to cull for, he (Mr. Bethune), 'could nut state, par ! ticulerly its the absence of those who understood the suldect much better than he did, what resistance wrild be offered so Lis propositioit. Tlw Intriness of the Court usually iletiseurcl the Lord Advocate of Seotlaud till the mouth of February—and the be ginning of March was the time, before whirls, sinless affairs of the greasiest consequence called tutu to town, lie could tiot,• without the utmost incossve.. oience, appear in his piece. As this clue -lion was connected with the police of Scotism', it would lie louver to have the beiseTit of the Lord Advo , fate's assistance when it was introduced. He hoped, therefore, I lomt the Noble Lord would post pone his motion tail the Lord Advocate could, with. out inconvenience, come to town. Possibly, be fore that lime, if the Noble Lord would state what ' his specific motion would be, he (Mr. Bathurst) would have an oliportesioty of intimating whether the papers would or would not be granted. Lord A. HAMILTON said, he would be sorry to subject the Lord Advocate, or any other person, to noconvenience—but lie felt that it would he ab surd and improper to admit such a reason us that stated by the Right Hon. Geotlernan to be suf. Beirut for postponing a most insportaist discussion. —(lleur, hear.)—lf lie were even zniXintra, in de ference to the Lord Advocate, to put oil his aw -1 time, the duty which lie owed to the House would not suffer him to do so. He would, therefore, se. lect tusmorrow fortnight for the discussion. He wished it, however, to be understood, that, if Huy absolute siecessily existed for its postponement, he would agree to a delay of a few days—but he could not consent to wait until Alarde or April. Mr. BATHURST Sold, the Noble Lord had quite mistinder-tosid Mon. His observation merely was, that lie had been told the begioning of Miiich was the tittle most colivenient for the attendance of the Lord Advocate ; but lie did not ask the Noble Lord in postpone lies motion on account of auy in (1116,1o:41, and he had not said a word about the mouth of Avid. Ile further stated, that, when public duty required his attendance, lie was bound to crone to town, mid had al ways dune so, when such ditty nteurrt ml. Lord A. Ham t urnst said lee would, to-morrow fortnight, bring on Its !notion, unless suits,. Inning ground acre laid to n.dnee him to put it oil bin shit t time. Ur meant to mutt. for 11w warrant issued by the Privy Coitus:it fur the election of Magistrates its Aberdeen, the I'eti - o.st from the Burges.es agaitist the wove...ding, Hold till other documents connected with the subject. EXPIRING LAWS. IlttooneN brought sap the Report of the Expoing Laws' Cominettee.—Oiderest to be ms the table, and to be 'printed. CHUItTs OF JUSTICE. Lord Clive presented the Report of the Coen missioners appointed to impure into the Hilioutit of fees and mulurnenis received by the differeist offi cers in Courts of Justice its England. Also, a si milar report with respect to the ensolumems and fees received by officers in the Courts or Justice in Ireland.—Laid oso the table. spßEuti OF THE LOBOS CONISIISSIONERS. The tHANuELLog of the EXCHEQUER moved, " That the order of the slay be now read for taking inks consideration the speeds of the Lords Commis euissioners"—sibich 'notion having been carried, The SPEAKER read the following paragraphs from the Speech:— "hehrienmen of Ike Nots.re of Commons, " Thi. l's ince Regent has .li.ecti.l that Hee EiliMoleg ran the ro.r. tin year 401 be laid b. hoe yam. ttlg korai Highness lid. a.-unsl , Hist ' , oh trill Irani wilts s .1 i.f.to ion the extent of eedhetunn whirls the 1 ..e.e0t sintiat ttttt of Europe, and the litiistnnees of the British Empire, have eoahled his Royal Highness to effect its time Navel and Military F...tal.l4ltiheois of the conistry. *. IL. Royal Highnr.e has :Osa the ontifiration of an flattening to ?MI, a cotisillernlile amt proitres.ier improve. ment of the Itesanue in its m o st semen tarot insoielics.” The CHANCZLI,OR of the EXCHtQCER (nosed, " That this House -1)311, so-morrow, resolve itself into a Committee of the %Opole Hopt..e, to fuusid. r the Supply to be graoted to his Nlleste, mid that the Speech be refeired to such Agreed to. ROUTE TO HOLYHEAD. Sir H. PAWS Thai time let (Aid hefote the throne a C"Of o f lilt Re port, PL.,. sun Lsbrome., re!atne to Else beil.ll..c a Rieke over the riser Menai, iisei Bangui I . siiy-sa ( , •e) of the Re port iif ti.. Colo •Ms4;oners of the !toad from :aindon to 116 lylolool—slid a ropy of Papers rufrrred to the Elibis of tht Trinity Hoosc, and their Revolt In the Lords IheTrea; stay, cnutainiim au estimate of time coin 'messing fur lets proving tlw navigation of 3lissai SirAlli."—Ordered. Sir It l'AkN,lO.l. next 'unveil— " That a Selrcl C Miter lyr appointed to inivire into the state of the 'toads from .London to Holyhead, by 00vrit (ry.nrod Shrewsbury, with reference to the regulation of his Mitjalsty's Mail—and also to er *der what Improvement* can br made fur the convenience of persona embarking fur, ur driembai king from, Hal; brad, at Dublin." The mut bias agreed to, sod the Committee sea itelthedMi e!y lioniiinited.—Adjourned. . _ • 1.41 V INTELLIGENCE. COURT OF riIANCEItY, WttTSIDISTZII, MONDAY, JANUARY S. The LoRD ettAXeeLLOit at fn fiis private room. DRURY-LANE THEATRE. COOK C. FOULKE', WIDLET, End the PKOPRItToRS oF DRCILICrLANS Intrattne. The fim:tenon:4lEllEllMb stairs] this was the motion of the Plaintiff, one of the Reinert, of Drury lane Theatre. praying that the two first Defendants might be restrains by an injunction from issuing executions on two judgmtsits they had obtained against the Proprietros of Drory-laste Theatre, and that the Committee of Matiagemeet Of the Theatre might Ire also resit-abet:A by injunetion trim p”. lug Ilse judgment elcht4 of the two first Defendants. It appeared that when Mr. Sheridau and :11r. Lints y wi,s in pussefision of this Theistic, and it was necessary In seboill it, that there were a number of persons admitted to share.. of the 'Flieittre, who were denominated new renters, tool were entitled to a fro c ashbiision fur the on awn, viol to re rebre 2s. Oil per night, for every performalice 'lie season. The Plaintiff sew. one of those traders After Ili. Theatre was destroyed by her, and a proposal made to re. build it, the stew renters agreed to give up sine half of psfr,t they were entitled to on each night of performance, and I li take only Is.3d. per night, which was to he paid ths m in the mouth of August in each year. They did ibis on the ex press condition that their charge should stand tir:t against the funds of the Theatre, after the rent charge, tsars, Insureace, sad performets were paid. By as Act of Poe 'lenient of the 5241 of the Kiag this right was sullied to them. Ilse thin alt, grit that there was a large vqin due to the Plaiistiff and the other tenders as artiluitaids, wsd 111 ii at not denied by the answers of the Dchnitants. The hill also all, ged, that the Defer dant, Foulkes , . trot a demand *gains. the Theatre for goods furnished by him fir the use of it, and had proceeded at law seastist the Cm-proration, and Owasso-4 a josh...Tricot, and the pat rued to take out ass execution, :mil tell part of the flit nature of the house to satisfy his debt a, Cup's This thc Leas ns d Cimnsel contended he coo Id not do •si the face of the Art of the 524 of the King, s i l l to take assay Ilse first nicht of the renters to be paid, that which was se. CUM , to them. This aught he severe an the Ds fessdas.t, Foulkes, but he hsd the individuals to look to fnr payment who porches , d the goods from hint. 'there was Ilia doubt as to the inletst and meaning of the Act of Parliament, 111 there was no claim mentioned in it against the Theatre, Which was to take precedence of the renters, except iliat s f rent, taxes, insurance, and the salaries of the perfortneis. Surely then that of the Defendant, Foulkes, cou:d not be contemplated in the Act. His debt was accumulated by as voluntary art, isi furnishing the Theatre with articles in his trade, and he could nut have a prior claim on the property to the relit's', as the only boon they had obtained for prig g up one half of their claim on the Theatre WWI their right of priority before any other creditors. It prisons who had claims nu the Theatre prior to the passing of the Act , f Parliament could not supersede the rights of the rent , cc; it was impossible those whose debts were anbsequrtit to the passing of the Act could ; however hard it might aplwar, nu claimant °film Theatre had a right to receive Is. in payment from the funds of it until the arrears of 43,0001. due Crum it to the renters, were first liquidated. The Defendant, Founts a, could not complain of being taken by sorprise, far before he parted with his goods, it was hit own fault if he did not Make himself acquainted with the etsactinents of the Act of 1 1 3 e liameni. It could be useless fur him (the Solicitor. , General) to attempt to hide from his Lordship, that the pe cuniary affairs of the Theatre were in a roinuits state, and if the Defendant, Foulkes, and other creditoss, weir allow. sl to issue executions on the properties of the house, there would be nothing left to pay the renters. Under those cups. Siderations he had no doubt but his Loidship could pant the injunctions as prayed fur. _ Mr. Rose and Mr. MACAUL followed on the same side. Sir ARTHUR PIGGOTT, Counsel for the Defendants, the propiietors of the Theatre, stated that the debt of the De fendant Foulkes was not contracted by the persons a hu had now the management of the Theatre If the Theatre sae to he ruined, it would have been much better dint it hid been done some time buck, before the present Commun e of Matiagement had taken so much pains to 'Olive the ex penses of it, which they had one-third; the toriin., so l e required fur a season was 60 , 0001 . sod 40,0001 aculd rover the entire expense of the present season ; besides, . very thing that was used for the house was paid Cu delivery. Ti:e renters had an equitable chaige on every thing that went into the Theatre, after the rem, taxis, 11111111 MM V, and per formers were paid. If persons in trade did contide their pro v to others, they must take the consequences, nod abide icy the law as it stood; it would be a great misfortune if the new renters were deprived of their pi Melly , many of the original being dead, and their rights vested Ili then wi dows and children, who looked op to their dirt:lnds oii the Theatre fur support. The renters were far frnin wish.ng to do any thing harsh or unhandsome. They would hat P Irr.n satisfied to have allowed a further reductitm e f their de mands, if the creditors would have accepted of lbs. or the pound fur their debts, which was offered ill. in by the Sub-Committee. It was but justice to the rty , nec:lity of the creditors to see, that the majority of them acerpted the pro primal, but the Defendant, Foulkes, and someothi its, ufbs, d; if ill the creditors had cotton-toted to take the Ills. in the pound, the trustees for the new renters would have gem up 14,000 f. of their demand for incidental expenses rif the Theatre before they would require to be paid Pert of the prayer of the hill was fur au injunction to restrain the sub- Committee of Management f pitying the judgment debt of the Defendant, Foulkes. When a fTIOIIOIIII was made, some mouths bark, to his Lordship, fur an injunciirm, h.r the purpose of shutting up the Theatre alum, thee, whir:, hie 140(11911111 111014 properly refused, it would have In. ii bete. ,• that he allowed it, than that the Defendants ehoold tie Olowirti to sell the property of the Theatre under an eif r i ton. 'I lc; Theatre bad since that time become ovally proilnet lye. aiet there was every prospect of a must propitious seesou. lie the Learned Counsel.) did not wish to say any thing ill-net 01 of any gentleman in trade; no doubt the Defenilant.Fonlkes, felt it very severe that be was out paid his 7001. the oil, &c. which he had furnished for the use of the Theistic , but he thought he was ill advised that he did not nreept o f the 10s. in the pound offered him by the Sub• Con 11111 l tee. He would not say that they were not able to pity him his fall demand, but, if they diti,other creditois would exp. et the same. The new renters and the SisheCommittee were willing to do every thing iu their power that would in•ure the payment of the Dcfruidasst, Forrikes'ir, debt ; but if he f of the other creditors were allowed to dilapidate the Theatre to the tttttt uut of 5,04)0f. or 6,0001. total rum t take place, which he trusted his Lordship would lilt.. vent by granting the injunction. Mt Wtreciriebp said he was Counsel for the Defendant, Foulkes, and all he could learn was, that he had refused to take ten shilling. su the pound fir zooids furnished for the use of the Theatre. There was one thing. howev.r, that hia Learued Friends had forgot to inform his Lordship of, whi Is was, that his client's demand was funiided on Met huastt ii resolution of the Sub.Coutmitter„ that the artielee should be' paid fur usi delivery. It was with this hope that his client furnished them with the goods. The LORD CHRIICW.LLOR--" It is now time for the Court to rise. Go on with this motion toemui row morning." COURT OF KING'S BENCH, WtsimiNsTmit, JAN. 25. lALMON V. ATIICINqON. Mr. TAUNTON moved that the verdict in this ease should be u t aside, mad a new big] granted. In the 61trivrativu It ~!'_ 1