The Sun. — London, England, 1812-01-09 00:00:00

TOLERATION ACT. The following are extracts from Mr. tAst ' a Re lons of Cases adjudged in the Court of King's Bekh n Easter and "Trinity Term, i 8 i►. For the argu nents of the Counsel, and the observatiens of aord ELLENB9ROUGEI, and the other Judges of hat Court, we must refer our readers to the'Report tsclf. We merely subjoin a short recital of the :ase, and Mr. Ease's statement of the construction )f the Act of Toleration, which has been establish !(.l by this judicial decision, the knowledge of which may be a wide to Magistrates at the ensuing Quar ter Sessions. WEIJNESDAY, JUNE 0, 1811. " THE KING AGAINST THE JUSTICES OF DENBIGH• SHIRE. - The Court was moved upon the Bth section of the General Toleration Act, W. and M. Ch. tB, tor a M.lndantus to the . JuAices of the county of Den bigh, assembled at their next General,lQuarter Ses sions of the Yeace,to admit David Lewisoto ukke the oaths, and make and subscribe the declaration re quired under that statute. . " David Lewi4 deselibing himself as a Protest ' ant Dissenter who prcaches to several congrega tions of Protestant Dissenters,' had applied to qua lify before those MagistratLs, and hid, been re fused.- The. Court of King's Bench having heard the case argued, unanimously refused IQ grant a Manda mus; and the Learned Reporter has thus stated the legaldocttine established by he ddclared opinions of the lodges, aillthe.decision o: the Court : ." A Protestant assenter who stales Ithns-lfasone who preaches for several congregations of Protestant 4( Di7sentets, witho('t shes.ving that he has any- se " pante congre,otion attached to him, as such " teacher or ,preacher, is not entitled to be admitted " by the Justices in Sessions to take the oaths, and " make the declaration required by the Toleration " Act, I W. and .M. c. 18, irt-order to qualify him " shit under the• eighth clause of that Act to offici ." ate as.such- teacher or preacier." 7 . Y-sterday arrived Cadiz Gazettes to the etst one day later than the date of those winch. anie.to T. , esday. it appears by an ar•icle from Yelvas, that the French are collecting large bodies tear the bridges of, the Tagus, to guard against the ()angers which they seem to apprehend ;, and that their main force will, take possession nem - Ciudadodrigo, tor tie purnose of ob,erving the noi;e thents of Lord WELLINGTON. The Retinas of the' Proceeding% of the Corte.s.came down to the Igth inclusive, but they a e unimportant. • rat. It is said, that %hen . the Duke d'AREMBERG Came on board the Mermaid, to be conveyed a pri 'loner to England, he was accompanied by an English Of - liter, to whom, in the course ot con versation, he ohsei Yea, " That Rome was the se cond city ot the Frei , ch Empire." The Eng lish Officer se.rned surptisedi and ..observed; that that could not be, as Rome was in Italy. " It was so," replied the Duke, " but the Einpetor by an diet has annexed it to the Empire." Shortly af terwards, hen the Mermaid was getting under Vteigh, the English Officer souk leave of the Duke, and said to him, that "in two hours he would e in . England." The Duke could not comprehend this, until the Officer added, that '° the King of '• Great Britain has annexed the seas to. his dorni - - Cons." , Mr. Secretary RYDER presented the two last Quarterly Reports of the Queen's Council on the Stat e c,t, his Majesty's health, the substance of which we have already-correctly given. The first represents his Majesty as still unable to resunie the personal ex ercise of his Royal Functions, and labouri' g under the pressure of mental and bodily disease. The Se cond Reoort, however, mentions a slight improve 'tient, but still gi , es no hope of his being abielpie &lime his Royal Functions. rat?actt THEATRES.—An ordinance relative to the exterior and ,interior police of the Theatres has been issued, prohibiting expressly all poisons tram rte-selling tickets bought at the office, or selling such as have been obtained from any other• source. None are to disturb the audience by noise, applause, or hissing, before the curtain rises, nor bet seen the lifts. In the great Theatre, during the whole re presentation, no one is to.keep his hat on after the eurtaiti rises. Every individual is to obey provi sionally the Officer of Police. In consequence, when be kinvited by him to quit the Thealre, he is to Proceed immediately to the Police Office, to give such explanations as may be demanded of him. Dr. KNIGHTON, who has recently been appointed Physician to the PRINCE REGENT, is 3 Gentleman Of well-known talents, and far above the necessity of all professional pursuits. His Lady is distin guished' for her taste in the Fine Arts, and peculiar akin in the province of Landscape Painting. " Mfs. MOUNTAIN, we are very sorry to learn, is so Much indispoSed as to have little hope'of resuming Ler - station in public. . Mrs. Strip°Ns leaves town towards the end of the present ,mouth, in order to hoist the tragic itandard, for-the last time, at Edinburgh. • EMERY, it is said, is to be one of the seceders - • from Covent Garden Theatre, as soon as his present • engagement terminates. It is said that Mr. CLIFFORD, the COunsel,- !Mg f6sted to a certain Baronet the new Parliamentary TACTIC," as it is called, by which the latter was enabled to figure with unprecedented Addrersi:)t It is said that a warm contest exists between the lltaffotdshire and Worcestershire manufaCtories re !PeEting which is nightly to furnish the,China-shop tp the IVhiteCat. Tuesday night, about six• o'clock, a dreadful fire r rake out in the house of Mr. Oakley, Perfumer, in Glasshouse-street, which totally destroyed the same, !.Id considerably injured the house of Mr. Maynard, and Mr. Hodgel, Shoemaker, 'adjoining. "fore it was extinguished. L most melancholy and distressing Orcurnstance h appened 'on Saturday last, at Titrjesliall; - iii - NW t 211 t z—Captain George Hoste and his brother C harles (two of the younger sons of th&lev. Dixon Hoste) were out shooting, when the gun of ( he former accidentally went off,, and unfortu nately shot his brother, who instantly expired 'ofithe: spot, LliPEniJt PARLIAMEN7. HOUSE OF COMMONS, WEDNESDAY, JAN. 8. Mr. ARBUTHNOT moved for a new Writ for the Borough of Queenborough, in the• room of the Hon. R. Wellesley, who had accepted the office of one of Ole Lords Commissioners of his Majesty's Treasory.—Ordered. Mr. LocKtimur obtained leave to bring in a Bill to-morrow, relative to Parish Registers, and the Abuses connected therewith.—Leave given. A new Writ was ordered for the Borough of Weobly, in the room of Lord Guernsey, who had accepted a Commission in his Majesty's Army. Mr. Sheriff BIRCH presented a petition from the Lord Mayor, Aldermen, and Common Council of the City of London, praying for leave to bring in a Bili relative to the Thames Navigation. Mr. 'Secretary RYDER brought up thse two last quarterly Rep rts of C-lueen's Council, on the state of his Majesty's health. They were read by the Clerk, and ordered to be printed. REPORT ON THE ADDRESS. Lord JOCELYN appeared at the Bar with the Re port of Ale Committee on the Address. On the 'question that. t he' Report should be brought up, Mr. WHITBREAD rose. He said that he should avail himself of this opportunity to declare those sentiments which a particular and unexpected oc currence of yesterday had prevented, and should state his reasons to the House for not agreeing to the Address.—ln the early part ot it, which spoke of his M-desty's.situation in a manner they must all feel to be applicable, he perfectly concurred; but there were other parts which, consistently with his duty as a Member of Parliament, he felt it incum, bent on him to oppose. Indeed, the only exception he felt hiniself bound to in ike, in addition to the one already stated; was in fay, air of the Congratula tion on the conduct and bravery of his Majesty's troops, especially in. the action under General Hill. He must also b.: disposed to acknowledge the merits of Lor Wellington, who, if he bad lately done no thing to ad. athe, arght at least be said to have done nothing that could derogate from a fame which might 'tank *among the greatest of ancient or of`rpo dem times. But knowing the disposition of the country towards toe cause in which they were embarked ; knowing that.no effort which Mi nisters could make' was left unmade; knowing that nv voice, from one end of - the kingdom to the other, cited out against suppiying, and supplying in abund ance, the means what!) were necessary tor such a purp6se; and seet'z those means' en rusted to one of the best Officers of his nation, an Officer capable ot coping with the best - Geoerals of France—seeiog this, and then looking to the present state of the Peninsula, he could not agree to hold out to the Prince Regent, and'to the country, a language which his experience must tell him it was rash to use, and calculated to excite hopes which most in the end be defeated. It was impossible for any imagination to picture how greater .effurts could be made, or put into hands more capable of fuming them to the best advantage than those entrusted to Loid Wellington for lii`e defence of the Peninsula. What was the co...sequence of is?all _We were told that t.e. danger of Spain was not increased ; that her dif ficulties only inspired her to more connected efforts ; we were led to believe by the Speech Which was put into the mouth of the Prince Regent, that the cause was still prosperous after the French hart ob tained rt ~ e ated successes, and was in tnilitary pos session of Spain.--This language was held forward when we knew test the cause had suffered, that Va lencia Was not likely to struggle long, that Sagun turn was taken, that Badajos had fallen, and that the attempt on Ciudad Rodrigo had been abortive ; when we saw that what was called the possession of Portugal by Lotd Wellington had ended in a retreat; that after having pursued Massena to the frontier, he was now obliged to fall back, and to confess that he bad s not numbers sufficient to justify the . hazard of a battle. LTnder such circumstances was this language used, and under such circumstances tie felt himself called upon to resist it. For his part he did not see what hope could be entertaitted. The more he allowed the merits of the cause ; the more he allowed the zeal of the invaded; the more he allowed that the whole heart of England went along with them in' their resistance ; the more he allowed the abilites of Lord Wellington and the valour and discipline of British soldiers; the more was he inclined to despond, to despair of suc cess, on looking to_ the result of all these favourable combinations. When he was called upon to say that he woutd give his support to this war, not only to the extent, but eteti beyond the extent to which it had heretofore la:en given, and that without 'in quiry or explanation, he must hesitate and refuse. — If, indeed, they Were to pledge themselves to the maintenance of the present system, these were cir cumstances which should accompany the request in order to justify the pledge. He should like, for in stance, to have stated to the House the opinions of those %slat) were most . qualified to decide upon the subject ; he should be glad to know w hat Lord WO lingtou himself thought as to the final issue of the contest.; perhaps under the sanction of such an au thorhy he'might agree, but without that, without an y thing, without even a sanguine tone in the Speech of the Prince Regent, he could net reconcile himself to such a vote. He would 'also be glad to know what was the situation of Spain with resped to her colonies ; he knew that through all the• Co ntinent of America they were in a state of insurrec tion against the mother country. He was aware that our Government had sent out persons to medi ate between them,/, but he wished to know whether that meditation was accepted by the Government of Cadiz, whether it had begun to a6l, and what pro gress it had made ? •He wouldalso be glad to know; as he was on the subject .of our foreign relations, what bad become of certain diploMatic persons; why Mr. Liston and Sir Robert Wilson were now in London For what reason they ;ad not proceed ed on their destinations? and whether there was any hope that the objects of their appointment would be accomplished or attempted ? • There was ano ther question to which he would wish to have an answer. He desired to be infOrmed upon the state of our Army—our whole Army on the Peninsula ; whether it was in a flourishing condition ? whether the ranks were Lull whether they would be kept up ? and whether they were capable of making an effort ? tlecta all there DOiilD3 he required Ulna- tulthitt, tincl he &night the it-tottse should deliberate on them cautiously ,befor_e they Committed them selves to the full extttnt -requirid by the Address. - There was another to;t-ic on which he - Could not agree, bcc.mse it held out a delusion to the Prince Regent, by applying the expression conciliatory measures to our past negociations with America. — He could not speak of the same conciliatory mea sures which were before adopted, when he did not believe. that conciliatory measures were adopted bea ore. He had stated in the course of last 'Session, his opinion of the negleCt with which the American Miniver was treated by a Minister of this country, Lord Wellesley. He had moved for Papers calcu lated to throw a light upon that subje&, 4ut the Mi nister and the House hid refused them. Instead of a spirit of conciliation, s the measures of our Ministry towards America appeired to him to hive been curl- ceived in the spirit of comniercial subjugat ion.— When those measures were first proposed, they were denounced by many, as calculated to plunge us into a war, but tro change was made in the system after four years experience of its mischiefs. 'On the con trary, resort was had to the-basest subterfuges, and, up to this moment, was pertinaciously persisted in, when America was about to put herself in a si tuation to ally with France and oppose our obsti nacy by a war. If a Minister at the head of the Foreign Department had observed a contumelious silence—it, when demands were complied with, no answer was returned—if, when a fact was slated, a flat denial was given to that fact —it a Minister was sent out to make demands which America would not concede to, could he call that the spirit of con ciliation ? If so, a spirit of conciliation had certainly goVerned our Councils. America had published the paper's that had passed between Mr. Foster and Mr. Monroe : did they disclose such a spirit ? The fact 'Was, that we had acted in a spirit, and upon princi ples, which any Government that adopted must reckon upon never being at peace. It was slid that the Berlin and Milan Decreo were not repealed, but America was satisfied that they were. She, he would repeat, was satisfied ; but she, it seems, must borrow wisdoin from the Minister of Great Britain ; she must call in the assist ance of that Minister who bad brought such blessings on his own country, and such disaster upon its- enemies - ; of that Minister who had endea voured to withhold bark from the French hospitals, and who had made a desert of the , Exchange: she must borrow wisdom from him ! Such was the confidence which Ministers had in the system they had pursued with respect to that country, that he had no doubt, if a motion Was this moment made for papers, they would be refused. It was certain ly a matter of congratulation that the differences about the Chesapeake were adjusted; if that were the only difference, the circumstance had been happy indeed;; but when he saw that, on the remaining subjects, nothing less,than war could be anticipated, he must withhold the compliment required to the past conduit of the Government. There was also in the Address a great want of an explicit declama tion as to what was intended towards the East In dia Company. It was impossible for him to con clude without noticing an observation which had fallen from the Noble Lord (Lord Jocelyn) on the former night ; lie should at all times feel himself E-cnnd to notice, in order to express his abhorrence of such maxims. He understood the Noble Lord to haye'stated, that it was impossible to make peace wit ii France in consequence ef the personal charac ter of her Emperor., He (Mr. W.) did not recol lees, in all the details of history, one instance in which the private chamacter of the Ruler was ad vanced as a reason fur denying peace to the people of a country ; he saw no reason for not making peace with him in whose hands the destinies of France were placed at present, any ,more than with the Bourbons . when they presided : and the con nary. opinion was always to be discountenanced, as it must lead to eternal war ; or rather to a war which could only end in the extinction of either power. It might, he thought, be foreseen, which "mu , t;fall, in a contest of that description, when it le ts considered thatahe greatness of one nation was artificial, while the greatness of the-other, such as it was, was natural ; but things need riot come to that pass; they would not; and as the present Ruler of the destinicS of Fiance was likely to live long upon the earth, we must negociate with him when ever an opportunity presented itself. He should now Conclude with saying, in answer to the decla ration of the Noble Lord, that Buonoparte had been.ballled in his maritime speculations, would to God that France had ships, and commerce, and co lonies, for then we should, have peace; but until then the probabilities 'ere against it. Lord jOCELYN, in explanation, denied havik made , any declaration against a- peace wi h 'Buo- napaite. Mr. WHFERREAD said, , he thought he: had heard such an expression tall from hini; but as the Noble Lord must have recolleaed what he said better than •he could, he was -satisfied that he. (Mr. \V.) was • istAen in the opinion. The CHANCELLOR of the EXCHEQUER Said, he confessed that tile concluding sentence of the Hon, Gentleman's speech had furoished him with a clue to Ins objections against the system pursued by his Majesty's Government, for if, indeed, he was anxious that Buonaparte should have ships ; if, in- . deed, he was anxious that he should have colonies and commerce, it could hardly be expected that' he • should approve of ..the system upon which his iMa lesty's Government had aded, or of those eodea-, Vours which . . were intended and calculated to deprive hint of all. But as he (the Chancellor of the Ex chequer) would rather fultow his speech through the series of topics it contained with as much regularity as possible, he should leave Ole conclusion for the present, and commence with noticing the concep tions of the Hon. Gentleman, with regard to the • affairs of Spain andPortugali and the charaQers of horele,stiess and desperation in which be had de the war. And here he would wish to bring hack to the recollection of the House, the state in which ale war stood at the beginning of the last Session : he would-wish to bring back to their re collttelion the opinions and feats and prophecies of the Hon. Gentleman, and to entreat them to con traat the prospet he then drew with the reality of the present scene; they wrauld find, on such a comparison, that his fears were unfounded, that his expectations were falsified, that his prophe , ctes were 'erroneous ; and yet he was prepared uvuu the same grounds Of appehension, namely, the boasts of Buotlatiatte ) to repeat hilt propheties againagia •- • 3 s Destroy the web of prophecy in vain l -7" The creature's at his dirty work again." Afief such failures. one would.rather have thought 4the:Hon.-Gentletnan would hive hesitated in his course, aud- not have continued to hold, that every thing the enemy vaunted he would do s must be ac= complished, or that it was impracticable to put any stop to the career of " Fortune's spoiled children."' At the period alluded to, as at the present, the . Hon. Gentlerrian had only re-echoed the language held by the enemy ; but there was no saying that they=-•cssiglia--not again he disappointed. At the commencement of last Session, we were to be dria , ven into the sea, and were not to have a foot of ground in Portugal ; but, instead of these boasts beirteiatkompliShed, or the gloomy apprehensions of the Honourable Gentleman realized, we had not only rescued Portugal from the enemy, but main , tained her in security against his utmost efforts.--.. Sincethis hadheen achieved, indeed, a new light had been discovered, ane tt was found that it would got .have been the . tight course for the French to drive us into the sea, but that they should first con quer Spain, and leave us to be swallowed up at the last, after we had been permitted to waste out strength. Would any man belie • e this ? Would any man believe, that if it had been in the powcir the enemy, they would not have ariveo us from Portugal ? Those who held lb-. opinion that Buona parte was irresi s tible, and that it was in vain to op- pose his designs, wondered that he did not at oaee crush this army, which not only acted in every Point, to the frustration of his designs but rerna ua ed, in opposition to him, on the Peninsula, to his disappointment, to his vexation, and to his eimfu siona Would he, if he could have prevented it s even by directing against it solely, and entirely the whole of his force, have suffered this ? No tnau - could think it. He 'would have left every thing to accomplish our expulsion; but his power was riot equal to his desi:e; and the country he iuled could not ftirnish him. with the means necessary to effect his most anxious purpose. But tho Ugh this was his opinion;- he would not therefore, wit's that 1 r: sumps with which he charged the enemy, say, that though heretofore baffled and defeated, he might; not at some flifitte period accomplish that object, in eta tempting which he had been so severely foiled, but thought it fairly might be argued from a retrospects tive view, that we might continue to maintain ours , selves on the Peninsula, not only to defeat his plans of ambition, but as a standing contrast to'the basest villainy in the world. Yes, he maintained, that on all ortlit4e points there never was a more striking contrast than that which appeared/in the conduct of the French and British Government upon the Pen insula; and if the man who caused it had any view to character or ambition, it must be his most earnest care and bOsiness, by every method and invention" ; to keep not only from the eye of the Peninsula but of the world. Under these circumstances, he could 'by no means agree with the Hon. Gentleman in'his view of the subject. On the contrary, when they saw that Buonaparte had not gained, but lost Portugal, since the beginning of the last Session, they had reason to look forward cheerfully and sans guinely and to indulge in the hope be had often ex• pressed, and which he saw no reason to depart from, that the enemy bad touched the point of his am bition, and would here find for it a grave. But the Hon. Gentleman opposite held other opinions. He deemed Buonapare invincible; and that all hie asp' parent disasters were only the result of design to conquer Spain, and reserve the British as it were for a bofine Douche. He imagined that Valencia must immediately fall. resisted a victorious army for a month since the battle of MurViedro. But eveu should that city be taken, wss the consequence that which' the Hon, Gentle:man had represented ?a—namely, the military possession of tile-country. For his part, he might not be able to-tcom an plea as correctly of the terms as those - better Skint's! In military tactics; but that did not appear to him - to be military possession of a country, where no convoy could proceed without a numerous escort—a little army to protect it. But it was not the mere conquest Of towns that subdued a , . .country; if after Tarragona was sacked--if after the Patriots met defeat at Murviedro, the enemy found behind•-hirri a greater and mote formidable knee titan that which opposed his progress, it could never be said that he hadnatitined military possession of the laud. On the contrary, such an appearance warranted the language of the Speech, that the' spirit of the people remained unsubdued, and that the increase of diffi cnity and danger had produced more connected efts forts of general resistance. It was a remarkable fail, and what most pre-eminently claimed for the Spaniards engaged in resisting the slavery attempt6d to be imposed on them, the applause of the existing race of men, arid the admiration of all posterity, not the manner in which they resisted attack, but that in which they survived defeat. It was this that afforded a source of hope of benefit increasing anti a happy result at last ; for it was evident, that v.ith all the successes of the armies of France, no inspresa sion had been made on the spirit of the people to resist Buonaparte, and the forces employed to carry his ambitious usurpation into effect. He' was, therefote, bold to assert, that the state of affairs had materially implored since the beginning of last' Session; When the Honourable Gentleman took a singulatlargleomy view of fututity, and that there were a nt tlaia moment fainter, hopes for France,_ and greater hopes for Spain, than. there were last year at this time. After disposing of his prophea cies with respect to the Peninsula, the Hon. Gen• tletuan had gpee,on to put a string of questions...a.. He had asked them what they had been able to do with all theYfOrce ihey had put in motion ? It t h ey had done nothing more, they had shewn him that he was utterly-. mistaken in all his apprehensions of defeat and danger, as they had prevented all the mis chief and evil results he anticipated. It, indeed, he would only take the trouble of putting himself into the same situation he was in last year, he would be able, at once, to see Bow much they had been sable to aecompliali. . The Honourable. Gentleman also wished to know what was Lord Wellington's opiMon on the subject of the war. If he a had only considered for' a moment,. he would have been, a ware of the impossibility of indulging him in this resped, as, whether favourable or otherwise, there is no practicable way of laying the matter be for the House. In truth, it would not only be the most impolitic, but the most unjust thing that could be done, to clevelove the opinions and views