The British Press; or, Morning Literary Advertiser. — London, England, 1806-07-21 00:00:00

I Dm ;LIR: *,*t• .PC 10 1 i One 8C.4- 17e t ilk tifEATI2 E. KtNe i S The new Comic Opera of " Fa rtettire per is was repute t at the Kin's Theatre on filtntday night, to t very fashionable and crowded iNdience. he fasCiaaritig !Sweetness of Mts. Be itsioxinit's voice, and her admirable performance Upon the pima forte, furnish attructions, which, of thnnsselves , winfld rinder the Opera a lasting fa tnurite with the Stessaihers t but the humour .of NaLoi is irresistible, and convulses the audience. it has lens extravagance in it than is usual with the halloo' NG, and is consequently more interesting fd a Bt 4 tish audience. Amongst the Nobility pre fent, were-- Their Ronal liighnevies the Mine,. of Wales, the nukes di Cumberla,td and Cambridee, the Duette:: of York ; the bike of Portland. attended be hi' son, Lord Charles 8 , 11- #llCk ; the Dealers of Neotthunteetland, and the Ladle: Pikr, the ottehris et St. .Alarm a, the Dowager DOCill'i• #f Rutland; the Cnuntrts of Spencer; the Fail and Contacts tinnand ; V e .tinter Cadlemegh ; Larles Aun Maxwell. thaaneth Witith.e.l I, Perth, g .enrge Cavendish, the Pik , - liOurahle ht's; Drummon , l; the Miss Caventlishes, the Mitres tivalake, and Sir Reben I.:tertey. - his M AJISTY is expected in town to•day. Saturday, Sir H. B Ns ALZ and Lady. arrived at Vindsnr, on a visit to Their M Alssrtss. Yesterday morning, the Royal Ho se Guards and Stafford Militia, were paraded in Windsor Court tard, and were - inspected by His MAJLSTY, the Duke of CAMBRIC/et, Earl Hamlin-rot., Sir H. IL NEALE, General MANNERS, and several attend ants. During the inspection, the bands played Cod ow the King. 'The Royal Party acre jnilled by the Princesses Ai.ousr•, Msav, and Stn. it a. her the inspection, the whole walked to St. George's Chapel, and heard a sermon, by DI. IfiNALUVNESS. The Conine's of Uraeloor, Ladies Nest.s, Sumer, and ELY were at Chapel. After divine - service, the Royal Party went to Frogmore, *here Her MAJZATv and the other PEINCESSZI re !tired them. On Saturday, Mr ADAM, Chancellor to His keyal Highness tile Prince of WA t. es, gave a grand tiltiner to Lord Ms tiro, previous to his departure for India, at his house, in Bloomsbury square, at which *ere present, the LORD Crsamcti. tun. Earl Seas ors, the LORD ADVOC•TZ Of SCOTLAND, Lord RPETH, BC. Yesterday morning, the Duke and Duchess of Votes accompanied by Lords CAVAN arid C. Bea. dace, Lady C. Duaniir, Capt. Derr's, and Mrs. 19ir row, went up the river in the King's eight *trod boat, and dined at the Castle ai Richmond. The Theatre Royal oi Windsor, we heat, is un riergoing some considerable alterations and im pkosements, preparatory to its opening. At the head of the tragic corps will be Mrs. POWELL, of Drury-Lane Theatre, and Mr. Beowse, late of Covent.Gardeh Theatre. • Lord HOLLAND gave a grand dinner last Satur day, at Holland-house, Kensington, to the Earls SPENCER, LAUDERDALE'. ine A NET ; Viscount Horrid& ; Lords GiteUVILLE, and kitt:RT PETTY ; mid Mr. WHttass AD. The Duke and Duchess of NOITIMMISEILAND and family, will leave town next Friday, for Alta wick Cattle, Northumberland. ,Sir ASEANAM. Lady; and Miss Hulse, left Wormleybury last Friday, for Worthing. The Marquis and Marchioness of STA/VOID and `roily, left their house in Cleveland-square, at one (dock, last Friday, for Trentham Hall, Stafford like, where they intend passing the summer. Earl Psacv arrived last Saturday, at Northum isiland-house, from Stainwick, Yorkshire. Sir WINDSOR, and the Misses Hustoces, will 11tkve town next Thursday, for Lymington, Hamp shire. Lady Gut amnia as left town last Saturday, for ledfordinire. The Earl and Countess FITZWILLI $1 gave a Brand dinner last Saturday, at their house in Gros fenor-aquare. to His Royal Highness the Prince of WALLS, Lord DLIODAS, and several other Nobility. Lord and Lady KIS/IMOD will leave town this day, for Scotland. Mr. Roma has discovered, that these are rota in the term, in the Isle of Wight. which devour the Kimo's grain.—Aker he has destroyed them, he Proposes to purchase Mr. Maxxisit's Sett ha, and ride a tilt against the 17'ushadlr. Mr. and Lady Eu WIIITIMAD, will leave town next Friday, for South hill, Bedford shire. Madame GRAMM, after she took leave of a London audience, on Tuesday night last. fainte.l with such eacieisite grace, as to present one of the most captivating acmes ever exhibited behind the art , 55. The Earl and Countess of Calcites-tea left town last Saturday morning, lee their beautiful mat at Stanmore, Sussex. The Ma:guts of TAVISTOCS. will leave town its a few days, on a tour round England. Lady HUNLOICE will leave town to-morrow, on a visit to Lord and Lady Amos. at their seat in Staffordshire. The race between San( 4a and Proiliars, at Lewes, on Wednesday, mites as much interest as the fa mous match between Diagram' and Heisiktemiee. Bets, to an enormous amount, are depending upon it. The Marquis of Ha ar *soros will leave town in the cour-e of the week, lot the purpose of making a tour of the North of England and .cotland. Mr. Moarow, the Dramatic Anchor, lately met • very unpleasant Sec-Whet. having received a fall from his house, by which he was much broiled t but. we are happy to learn. that it will not be 'mailed with any beim consequences. This day. the annual Sailing Match for the Silver Cup and Cover, given by the Proprietors of Vault., hill Gardens, is announced to take place nn "'flame's silvery stream." We underseas d that the Duke of M•acti ass ea, and all the aquatic ama teurs of fashion, mean to visit the Garxeas in the evening; so that the assemblage of company will. doubtless, be as numerous and brilliant at on a-. 7 former occasioa. HYDB The fineness of the afternoon yesterday, 2WeBed a great deal of company to Hyde Park ; the Prome nade was full, and the Equestrians were very nume rous. Amongst the Nobility in the ride, wrte : His Royal Highness the Prince of WALLS; the 1)u chess of St. A Leass's ; the Dukes of Awcr t.r amt RUTLAND ; the Marquisses of TA VISTOCR ant. TOWNSHIND ; Earls Cowrea and liaanwicac LordsWsa. Rt.ssm., COLIN A th/L, FRANCIS and W I I. LIASII BCAUCLLSC. Amongst the elegant Carri ages were tho e of the Marchioness of HeRTVOILD, Viscountess CAST LEAL AOll, and LAdy NWT Mk The Earl of BARR Lord Pal maose, and Sir JOHN L,ADE. drrefe their Barouches, four hand.—Lord SACKVILLIL was in his cuiricle and pair. It was half-past five o'clock when His Royal Highness the Prince of Was es 1-ft the Park. ROKIL REVIEW. Saturday the PRI NC c's own, or 10th Light Dra goons, were reviewed by His MAJESTY on Wim bledon Common. The PRINCE commanded in person, and conducted the charges with such cele rity and compactnes. as to astonish every military person present. The regiment looked extremely well, and the alteration in their dress was highly approved by His MAJESTY. The Nome was dis tinguished by a beautiful military feather, in hi. -cap, which cost 1401. It is the peculiarity of this regiment that the privates are very little distinguish ed from the Officers iu their regimentals, and the whole of the lacings, &c are made by the tegiment itself. His MAJESTY and his Royal Retinue Al rived on the ground soon after ten, and before one t: le review was over. The Surrey Yeomanry at. tended, And the spectators and military men who were present were extremely numerous. Some of the horses got swamped, but no accident took place, as we have hcn: d EXTRAORDINARY DEATH. Yesterday morning. at five o'clock, departed this life, At the Menagerie, in Exeter 'Chang , Mr. Pm. coca's celebrated stupendous rem Elephant, so well known tor her sagaci.y and wonderful tricks. Mr. Pi ococa is inconsolable for the loss, as he had been offered fifteen hundred guineas for het a short time since. Her death is attributed to in.liges ion, and an inffammation of the longs, in consequence of drinking too much beer --The body of the de ceased was last night opened. The KING has been pleased to appoint 1-1/lIIIT Noerost Wtt.us, Esq. to be Comptroller and Pay master to the Establishmer.t of Her Royal Highness the Princess Crraat.orrc of WALLS. Lord bler,lLLE•and suite passed through Don caster, on Monday evening, for his seat near Edin burgh. Vice-Admiral Sir 11011 , AIT CALDER. Bart. passed though Morpeth on Monday, on his way to the seat of hes respelled relation, Admiral liontrAld, or Roddam in Northumberland. That deserving Officer. the Vice-Admiral, appeared in pretty good health. List of passengers arrived from India, in the' fol lowing ships, viz PAS 'NOLA. PER WALPOLE. Sir John AiietTucie;,Birt Captain C. Stewart, and Lady; Ait.'ri i Waddell, N Nugent, and W. W. Hird, Eseuiiims; R. T Farquhar, late Governor of Prince Island ; Suwon A Stewart ; Lieutenant Colonel Manisa ; Captain J. Carr; Lieutenant* Hamilton, Hackett, and Dickson. 1.050 DUKCAII. C0a1.,, Est S. Davis, EN. Colonel lartroCh , on Ma jors Fraser, Whitt, and Grant; Lionenant J. &rani ; Sur ge•tn Pennee; Captains Liediar, Chisholine, and Sterrett; Lieutenant Ship; Mr. Hickey ; Mrs Wets, and Mrs. quad •ASffs6tls Pal LADY CMITLISSAGi• The Hon .arable C ...net Menton ; Ciptain Yo,nig t . Lieu tenants Plater, Cinet,,-•re, Terrier's, and Si melt; Sargeon Davis; Majur Dani and Lady Capta i n Sw,ntiiii Led ! ,; Captain Maxwell; Lieutenant J Dundee; Meows. Harper, Wake, Litiotar, anal Chippendale.. • Two companies of the t6th regiment, which have been station-d for some weeks iii Canterbury, were direfted, on Friday, to join the regiment at Ashford. unit r orders - for joining the expedition. The Ed battalion of the 52d Light Infantry. march , d, on Thursday, into the temporary barracks, at Maidstone. The 14th and 91st regiments have marched from Ashford for Shornciiffe, And are now encamped on the ground lately occupied by the 45th arid 82d, marched to Portsmouth, for exportation. The 95th marched on rhursday. from Chelan ' ford, on their return to Colchester ; their orders for embarkation, at Feversham, for fortify' service. be. inq countermanded. A great min • silty prevailed en hor ' the I.« 11 Nelsen transport, during her passage trom Bengal to Prir.ce of Wales's Islalch with cotirida. Yesterday afternoon, nine trades's, n f r om t he City, toik a small 'uoat. below Bla‘knian, and pro. cerded up the river, with a strong tide, about three o'clock ; but. being unskilful, they got en. mgled among the coal barges oppn,ite Hungrtf.'rd Stairs. 'lle boat almost instantly weal to the bottom. when eight of them, with much difficulty. were pre served. but t'e ninth sunk, and his body was not found until about three hours after. Leery anta recommended by the (Erman* Society was applied in vain. We understand he was a young man of the name of Suitor, a carpenter by trade. Saturday, I. Shade, It. 11,M4e11, T. Iflsseer. J. Hargrave, I. Al•rryatt, 1. and I. Cooper, seven lamplighters in the service of the Propriesars of Vainhall-Garelea.s, were charged before the Southwark Magistrates. with stealing oil !inn their employers. The theft was fully established. and the Magistrates conceiving it a transportable of. fence, were about to commit them for trial. but, at the request of the liberal and humane Prorrietoes of the Gardens. they were allowed to enter the navy. and they ware accordir.gly sent on baud the tender. The tomb of Queen CAl'llllllOll Pass was lately opened. and the body and feet have been Woad as perfea and beastifel As no tie day the died. It appeared that the bodi had been easbatund and coated with was i sevirral man of science see now engaged In ric e irg the :Jul natant tithe preparauoia. ItifitLLIONICIG • •••••11.111111111M1..m. COURT OF CHANCERY, Jll.l 1 ". TRIAL OF VISCOUNT MELVILLE, OVINIY r. LONGMAN. REM and OTHellf. This was an injunction granted by the Lotd Chancellor, on behalf of Mr. Gurney, the short hand writer, to restrain the Defendants, who are moot :egret:l6le booksellers in Paternoster-row, from publishing the Trial by Impeachment of Vis count Melville. Mr. Put:iv...l., for the Defendant, sheaved cause against the Injunction. He apprehenis , d that it was im7ossibleAkr his Lardship to grant it, unless he was satisbearibere was a clear right in the Plaintiff to have the exclusive publication of this work, anti unless the Plaintiff could chew an absolute title, and it was impossible to establish that right, unless there was some precedent, in point, in some law•case.— The case of Bathurst v. Kearsley,. he took to be all fours with this case, so far as there had been an order from the House of Lords that a particular • person only should publish it. but in the present case the l)efendants had published an edition of the Trial before Mr. Gurney's exclusive authority was known. In the'care alluded to, an injunetion bad been granted on the first Instance, it being an es parte proceeding, but after the answer, an order was made dissolving that Injunction ; and, as far as the reerods of the Court furnished an account of it, that case was not &matter of judicial proceeding. There I was no doubt that the Crown had a clear right to devolve its authority to any individual ; if this right, therefore, was in the Crown, we should see •its Learned Fitien4 (the Attorney. General), in ano ther eh:trader. This case, he considered to be the same as an injunEtion to stay waste; and it was laid down by Lord Mansfield, in an anonymous case, in 4th Burrow, p. 200, that an injunaion to sray waste, was never granted on motion, but where the Plaintiff makes out a clear title. It was also laid down by Lord Eldon, iii 5 Vesey, in the case of the Universities of Oxford and Cambridge v. Richardson, who was of opinion, that when a right may be doubtful, even in a case where the King, ;raving authority, devolves that right on an indi vidual, he shall not retain that right, if it is shewn insufficlent by a Court of Law ; it was therefore ne . cessoy tor Mr. Gurney to show under what legal authority he derived his title. It was a question of great moment, whether this was an awhority par titularly vested in the High Court of Parliament, exclusive of all other Courts pf Judicature? To *tide this it was necessary to distinguish between She Judicial and Legislative charaiter of the House of Lords. He admitted that the Lords had a power over their own proceedings. as a branch of the Le gislature, and could prevent the printing of them, •er confine that privilege to their own nominee ; but, is their judicial capacity, they had no more right to prohibit the printing and publishing a trial, to the bearing of which the public had access, than the Judges of any other judicial tribunal. Was it to be contended that the public should not have the knowledge of that communicated to them through • printed publication which they were at liberty to War What is the use of the publicity of ' proceedings of Courts of Judie*? The List ppincipie of the Constitution was the free access of the public to hear the proceedings in Courts of Justice, and afterwards to disseminate them to others, either by communicating what they heard, or by notes which they might have taken. Upon the maintenance of this principle, the bitterly of the press, and the freedom of the subjea might be said toes*. It was not •for him (he continued), to argue whets were the privileges of the House of Lords, they had the poser to exercise that privilege, and to punish any person who should commit a breach of it ; that right was recognized in the case of the King v. Wtight, which was a publication of some Hrt of th e r proceedings, 'shafted by Mr. orne Took., and published in a newspaper. rrinrer of the paper, in that case, was brought b.to:e their Lordships, an I severely dealt with. He wa. not able to trace the authority of tk Lords to restrain •the publication by any ea* 0 ;son than Mr. Gurn-y. The Defendants had gone to a very considerable expellee and trouble., and it wouldbe too great a hardship if they weft" now to be restrained from selling their publication by a subsequent order of the House of Lords, of which they were, at the time, wh Illy ignorant.- I . :,ere was another important reason why the Cart Chancery should not interfere, for should it hereafter be determined in a Court of Law, that Messrs. Longman and Co had a rtght to make the publican in, he is precluded from deriving any be nefit whatever felts it, as the tale must be totally lost ; if, on tl e other hand. Mr Gurney should establish his rib . . he will then be entitled to an ac c nun from Lo groan and Co of all the profits, s that he will low nothing, while the others sister A irreparable injury. Mr. Fonai•vops, on the same side. observed, this was a cismdm, span t Jo i•ion of which, by his Lordship, the freedom of the Press win gie.tly involved. It was .2 Applicai. Is to his Lerdshtp, as Ohms-film el Logt.nd, boldim the vest sea. to give Ifta in a IVOOLIMOII of the *seas of Lees of which he alio held the high Came( Illimaker. Loan Ctiasse• "tea,—.• Yea OMe be owe& that here I shall totally forget the Home et liirda s I sit here as a Judge of the land, aid bye I disll stoney du y AS such." Mr i• omit a mous answered, of that he ers•eallw fled, bet he felt it necessary to distinguish IMO= the two chars/hrs, as be conuJered Isis Lords'', ass caned on to give efea to the resolunnes of the House of Lird• by conferring a property en Mr. Gurney. be it was the day of his Lo-dshsp. to I/muster We lA., and not to gore alle:t to any resolutions If the resolutions hal bees i ifriaged n, it was in their Lordships' power to ps iish the (wises se ofembes. Mere was a period gybes Courts of Juire.ture pervented their rem**, horn ging fords l be:. be thanked 04. t .nts• ruses were on same, at. d the facsl,tr swab writ's jedsol.o roceedeogs wins now given to the pebrie, be tee. tidy-, I one of the greatest savaeta . ses ollach had melted freer the Novelties of pus res. It was p,,,,lese. which, is bed ham Ins a c •elos vwt sp. adnaotetraton Jes.sce; arid, log deem Ain ad htireal no sti,vi • the pogo sited Isomseg. use drew dews blew. j. a. the seeiesy. Is fro at great tafonasce, tam tee preesedlegs el 601 ••• • ribtai collet slicted be tnarlskaoWn to the .t was a charge of delinquency against r greatest statesmen and politicians of the qUestion in which the character of the involved. The property, he erten/ the House of Lords, unless they c right by the authority of a Court of 1 posed, for a moment, that in worse t, p-esent, the property being in Mr. whom he meant no disresped in the dightesi gree), and suppose the verdict of the High Conn of Parliament to have been contrary to what it sous. : and the Noble Lord had bell convicted of trek . high crimes and misdemeanours of which he stood charged. and that Mr. Gurney had made a barter with the delinquent himself, who gave him ample remuaeration for giving up his copyright to him,. what situation then would the public and the coun try stand in A decision of the highest• Court of Juticature, upon one of the most imports:l=46s of the state, would be suppressed, aed con fee ever from the public eye. He considered all deo. • sions in Courts of Justice, from the moment they, were pronounced, to berme the property of thee. public. All jedgments, therefore, be contended. wine the property of the public, became they WWll final. It would be a most alarming proposition. to say, that all advertisements. all pablieedons .of the proceedings of Courts of indicator,. were te• depend upon the whim or caprice of any individeinL Upon all those grounds. he contended. that t ' ' House of Lords had ao property whatever in drilkie. judicial proceedings, but that any one who them might publish them, as well as the of their Lordships, acid therefore thererfires deb tem:e whatever, either in law or aramodee. - • the Court of Chancery could intense.. Mr. LeLCII, on the same • rid; eon able argument, by obsrrying up in the , case; an order had been made, in the fin by the House of Lords, that ne perton sh lish the proceedings of the High Court e ment, until the whole was finished. T 1 certainly gave rise to the opinion, chit eh time persons might publish ; and with that sion the Defendants prepared the trial for p tion. The trial concluded on the 12th of Jet then an order was made by their Lordshq pointing Mr. Gurney exclusively to publish i the following morning, the Defendants. not any means of knowing of the order of the H Lords, published their book, and not till de July had they any notice of this subentry when Mr. Gurney then gave them scree time the first edition had been soli. mad prepared a second for publication. The Gentleman then pressed the arguments of ed friends on the s. - and - cases to chew, that tr. perty In their judicial The Arroaer ragas.. and Mr. !. the case at great whatever might ' were extremely r prompt, as great quence of delay ; Defendants might int the lojattiort. knowing the sr the House of They contended, permit exclusive', precedent of many of Lords; and among - the of the King's Printer, who was the known Officer of the Crown, and had,by appointreest.th,ezelesivel privilege of Printing the Prayer Book, Bible. Lllly's Grammar, and all the Statotes and Ordinances of Government. Also, the right of the Lord Mayor. who appointed a short.hand writer for the Scalia*. 111 Paper. They admitted the importance of publish ing all judicial proceedings, but coat sled, that, however advantageous a corral publicedea °fiber might be, yet. on the contrary, erreeeeseolles were equally im proper and daageroup They hiaisee , d e that it was of the great et importance to tia peiht, that the House of Lords should have die power of appointing any person they thought proper. to Fir . their judicial proceedings ; and it was exercised in this instance, in their Lordships soliciende to give the public a cornet and authentic copy of their pee ceedings, and to prevent false an,/ spurious 'dinar being circula::d throughout the country. whfch might prove i-jeriont to all parties. if the Hone* of Lords had not tided in this way, it would be bee presible she Public could ever be correaly informed on the su'j A. as a considerable part of the peered legs consisted of opinions delivered by the .1= which na one was admitted to hear, except the appointed by their Lordships. Having adverted to some incorrectness in the book already published b the Defendants, the Learned Concise; observed. any delay in the decision would give the Der an oppot to n y of circulating their book. and reduce the las of Mr. Gurr.ey's cotreet sad • tic copy. Mr. Peace/at.. in reply. combated the a usti on the , tier cdr, with great ability. e tended, that ti • privilege given to Mr. G was no more than any person had a dibt to. as Court of lasi re had a power to prohibit the Watson of their proceedings; as such a _right was vested the Crown rely. It was contended on thet ether Ods that the Oli Utley Sessions Paper waa published by the aothenty of the Lord Mayor. w clamed the right of sale, and some seguseelee been adduced from the King's Printer. It true. in the former eine the privilege, as it termed. was worth 1001. a year. for which ale was sold. The Judges of the Gag's Ileith. other Courts, might do the same ; to alp 'AWN the Lind thassee.lor, by which their jslidel War mines word berme much wee eel yjla Loan COI • "Mil LO Meek mete vehethie, indeed. Kr Percival I"- .4 lasoffi.) Pasetvat, is ceetematine. seid s they ma the ems ngest es the Lard Mayer. All dm the Chief Magiesate mold de. was to Live the short heed tenser einpleye.l for the Sessions Paper a rod has. so hear wird. and this was promied, bet bete has hid retest en i-d 'lles Min Mat o bereereer. 'cued aoh the tre.w.., Ceased. It. r bri been tar -.1. rho Leiria had armored Mr. Garry. beca..ee the pare origin her ne generate mew. all ti w pees- twig% whir *Small a I veryy report kern dir Hers be eqeally as correct as as LW._ . r a •, II I r. li It , the r same side, and referred to severd that the Honse•of Lords had no pre.; judicial proceedings. r • RSZY GglitlAL the 8011CIT011 Gs- dr. Hoiaovo,forthe PLvatiterpr d. great length. They irc lF. ght be his Loldship's lift ly desirous, that his shotdd be ;rest inconvenience least be the min-. ay ; and with respea to am Ws7 bbb sight sustain by his IlseratWet "apt- Lebo°. they had doe free of substance of the second erdWll2l6 Lords. which they bad she fires. Jed. that the right of sosiamdai tern sively, to publish the trial. was. by many other cases, vested in the House among others. adverted to the case