The Sun. — London, England, 1812-02-27 00:00:00

f , •m the character of a repre3entative Assembly, ender'this ACt, a witness, stating the resolution in tley-street, sta , es one of i nese t o have been to elect five persons to represent the Roman Catholic Inhabitants of Mary's Parish, to present their Pe tition, and to transact the other business of the Raman Catholics of that Parish at the General Committee. To suppose that this must be a general repre sentdtion—that the assembly should represent all individuals—for all possible pu poses, would be suppoiing what the Act of Parliament never could have in contemplation at all. Supposing that it Should be an assembly assuming the power of the State !—Such an assembly wanted- no particular enactment to put it down ; nor was this Act neces sary, to declare its illegality—no man could doubt its illegality. Gentlemen, I have thus thought it right to state the general grounds of our opinion, that such an Assembly, as I have alluded to, falls within the meaning of this Act of Parliament, so far as the objections made-to our construction of the Act, have on this occasion been argued on.— But sailer me to say—at the same tine-, with great respect—that I do not throw out these observa tions to you, with a view of asking your opinion upon any one of them—but in answer to the argu ments, whir h have been used at the Bar, upon the law of the case, aid that the public mind may be satisfied, that this Court retains the opinion which it did, upon a former occasion, with regard to the law—certainly not calling upon the July to decide what the law is—but trusting that, in exercising their duty, they will consider themselves as acting under el obligation, ask e do,- in the discharge of ours. We are to give our opinion upon the law, and you are to decide upon the tads according to the evidence, if you believe it, applying the law as declared to you to these fads. That an assembly, collected early in July, direded a General Commit tee of the Catholics to be formed—if you believe the evidence, and have no rational doubt upon it — and that the meeting in Liffey -street, on the 3 ist of Ji.q,was in consequence of that previous meeting, and to carry the resolutions of it into effed, and that the Traverser acted in such latter assembly, as the witnesses for the prosecution have mentioned, in voting and Ming in the eleation of a person to be a representative in that General Committee, so dired ed to tee resolutions of the 9th of July, and that that General Committee had for its object an altera- Mon of matters es , ablishcd by law in Church and State, even although you should be of opinion that the mode of etTeding that alteration, was to be by Petition, in our opinion, the case is proved against the Traverser. W!,ether you shall believe the witnesses or not, I have already told you is matter been you and your con , ,ciences. We have stated to you the law, as applicable to the case, if you believe the witnesses; if von do not, you on :;ht to acquit. Gentlemen, you have heard from both sides of a former Verdit`. With regaid to that; and all other cast s where verdicts are canvassed, I have always rntertaine the highest possible respect for the ver dict of a Jury—l always believe their verdict to be ku , nest—and I firmly believe, the verdict alluded to was an honest verdict, founded in the conviction of the Jury. But, Gentlemen, it frequently happens th;s Court, and in the other Courts of this Hall, that after a verdict has been found, a new trial has been directed in the same cause, and in such case the verdict so found is by no means conclusive upuu the subsequent Jury i—lor if it were, it wOu'd, in truth, be in vain to send a case to a se cond trial. Gentlemen, you are told that the verdiel alluded to, was found upon:the testimony of the same wit nesses. The observation is well founded as to the identity of the witnesses. You will consider whe ther they have accounted for their testimony being in some respects, more full than it appears to have been before. It is not for me to say whether the former verdia was right or wrong ; it is not for us to say bow the tact is. It is for you to ad upon your own judgment, and Ceenle in this case according to your own consciences, and not by the former verdict, unless your own conviction is the same as that of the former Jury. Gentlemen, there is one matter more, and only one, which I think necessary to submit to your at teotton—that, in case you should believe the evi dence (upon which supposition I have stated what the law is—end upon the contrary supposition, have told you that you should acquit) it will then be ne cessary to have some information from you, and winch you alone can gi-ve—that is—to tell•us, whe ther-the election which took place in Liffey-street, was tonfin:qi to the representatives of the Roman Caiholic inhabitants, residing within the bounds of the city, strictly so called, or was intended to be ex tended to represent the Roman Catholic inhabitants wholt: Roman Catholic parish of St. Mary's, which extends into the county : this information we require for a question of future discussion ; ‘to call tor your oeittion as to the fact. Gentlemen, with regard to the evidence bearing uroe that, it seems to stand thus :—The Resolution of the 9th July, directed that time persons should be -chosen for each parish in Dublin, and ten for each county ; Ole Meeting at Ltif.2y-s , revt elected fi ve versous ; and the evidence of Shepherd anti AirDo rtottgh is, that they cleded them to represent the parish ; then it is for yeti to say, whether that elec tier) w et, or was not, to comply with the election tlireeted by the tesolution of the 9th of July—an slettion to represent a parish within the city ;—and r.O will judge whether they meant to confine the vrictry to the city, or meant that it should represent the whole parish, part of which extends hey ord the city, (the county being, by the reselu tiwl of the gth of July, to be separately represent e(l),. You will judge of the meaning of the ieselu tlozi, and time n.eaning of the pities, tiding in the election, and upon them you will form your own conclusion. Gentlemen, if you believe the evidence, you will (Lod the Traverser Guilty :—and, if so, you will ill:6ml us, w :her, in the election, the repceienta *ton was confined to that part ot, the Parish which is in, the city, or extended to the part which lies in the county. Toe Jur y found the. Traverser Guilty, and that the elect ton held in the Chapel of St. Mary't& parish, in Liffey-street, intended to include the Roman Catholics of the Catholic Periish-ol St. Mary's in the City of Dublin only. Letters were received from Lord WELLEaIGTON by Government this day. They are dated the sth and 121 b inst. but contain nothing of importance. His Lordship's head-quartets were at Freynada, where those letters are dated. The rage of the Party at the late failure of their hopes of coming into office, is so great, that they have lost sight of prudence as well as decency. They seem to think that they are entitled to office as a mat ter of right, and they are really angry with the PRINCE REGENT because he has not at once surrendered the Government of the Empire into their hands. It is not, we know, a very wise thing to argue with men who are in a passion ; but we should really be gad to know the foundation of those c laims which they are (or ever obtruding upon the public. The Party may have talked themselves into a belief that they ought to be invested with office, but their " importunate chink" has made no impression upon the public mit!. They rest their claim now, as it appears to us, solely on the coincidence of their opi nions with those of the Catholic Committee; for, with respect to the Peninsula, t hey of late have been very w;seiy silent. Now, we contend, that the very ground upon \lllicit they rest their preten sions justifies their exclusion. The great majority of the inhabitants of this Empire are decidedly a% erne to an unconditional compliance with the claiinsof the Roman Catholics. The public opinion upon this sub jeet has been over and over again expressed in Par liament, and yet the Party arc loud in their com plaints because they are not entrusted with the reins of Government, in order that they may bring forward this measure in opposition to the opinion both of the Public and of the Parliament. The Party seemed, however, to think, that they had a right, not only to the exclusive favour of the PRINCE REGENT, but to the uncontrouled direction of his condua. They hoped, under the specious title of friends, 'to exercise the power of master's ; and, therefore, when his Royal Highness presumed to think for himself, the anger of the Party knew no bounds, and they passed at once from the most ab ject adulation to the most intemperate abuse of that Illustrious Personage. But to recur again to the claims of the Party, we beg leave to ask their ad vocates, what part of the cotnmunity it is that wish for their return to office ? Is it the People ? No : a more unpopular Party never existed in this country. Mr. SIIERIDA N candidly acknowledged that they were a most unpopular Administration ; and what reason is there to suppose that they would now stand higher in the public estimation, if they were again in of fice? Do they suppose they would 'pin popularity by abandoning our Allies in the Peninsula, and withdrawing our troops from those fields where they have- acquired immortal glory ? Do they believe that the people of England would applaud them for surrendering our maritime rights to a French Party in America, or for submitting to the de mands of the Catholic Committee, without pro viding a single guard fur eur Establishments in Church and State ? Are these measures likely to gain them popularity ? and yet these are the mea sures which they must propose, 'or abandon all pre tence to consistency. The sacrifice undoubtedly would not be very great, but as their stock of that commodity is very shahl, we should be sorry ' to see them deprived of it. If the people do not wish them to be entrusted with the Govern ment of the country, has Parliament expressed any wish of that kind ? No ; Parliament has been uniformly hostile to their views and their principles. His MAJESTY, before he was visited with that affliction which has rendered him incapa ble of governing, manifested his opinion of the Patty, by turning them out of his councils ; and the PRINCE, though, ie order to strengthen his hands at this arduous juneture, he would have ad mitted them into a share of the Administration, has not thought proper to entrust them with the management of public affairs. Such is really the state and the pretensions of the Party that is every day stunning the Public with its clamours for place, and which hopes, in consequence of the unfortunate agitation which has been artfully ex cited in Irsland among the Roman Catholics, to foie° itself into poe.er. When we use the term Party, we do not mean to include all the in dividuals that usually compose the Opposition; there are among them many Noblemen and Gentlemen who will not sutler their judgments, and their con duct to be- tetteied tay the arrogant pretensions of the leaders and who will not withhold their ser vices- from their Prince and their Country at this arduous crisis, to gratify the spleen, or to promote the ambitious views of any set of men whatever.-- The Patty are aware of this, and are artfully endea-- vouring to frighten those who may be disposed to quit them, by the violence of their abuse: they proclaim the Country in danger; and yet if any one stretches forth his hand at the call of Ins Prince to endeak our to save it, he immediately becomes the obje6l of the most envenomed obloquy. This desperate manoeuvre will, however, we trust, fail of its object. We ulalerstand that Lords MOIRA and ERSKINE have already expressed their• intentions of support ing the PRINCE REGENT'S Government ; and it is also stated that the Duke of NORFOLK con sented to take one of the blue Ribbands. We have reason to belie►e that all the Ministerial arrange ments will be concluded to-morrow. We were in hopes that some spirited Members of the Common Council, who have the credit of the City, as well as the welfare of the Country at heart, would have endeavoured to revive the subject of the proposed pecuniary grant in order to promote the System of Education which is emi nently calculated to support that ecclesiastical esta blishment, which, in the opinion of the best States men, is intimately connected with the security of our political constitution.—At present the Com t of Common Council stands in a kind of predicament which cannot excite the respect of the nation, for it has notoriously granted a pecuniary &nation for the support of a Plan of Education which treats national faith as a matter of indifference, and has refused a similar grant, nay any grant, in favour of a system 'which upholds that national faith, and is sanctioned by the Ecclesiastical AuthorHea of the Country, as well as by all, from the highest to the lowest, who are sensible of the itrottant benefits resulting from that Constitution which has preserved us amidst the ,downfal of so many sur rounding States. We repeat our call to the truly patriotic Members •of - the Common Council, and entreat them to rescue their Body from all party and seLiarian influence, and to manifest their poli tical re&itude and regard for our orthodox Religion, by supporting that system of education which is best fitted to train the rising generation in the principles of pure devotion, as well as to excite in them an attachment to that Constitution which has so long rendered us the happiest and the freest people on the face of the globe. The subject is of vital im portance, and ought to be rescued from the arts of wordy Orators,. who indulge themselves in decla matory harangues, regardless of the condua of the City, the character of the nation, and the security of our political system. There are many able and en lightened members of the CoMmon Council whose good sense and sound knowledge would, we are persuaded, effedually baffle the attempts of certain Patriots, as they style themselves, who are deter mined never to see any thing entitled to praise in the conduct of Government, and who, if they are not aEluated by revolutionary views, are obviously too weak to be sensible of the evil which their declama tory Philippics are calculated to produce lit the un wary, or reeordless of the consequence, if they think they see any chance of future advantage to them selves, either by promoting their sordid views of in terest, or gratifying their vanity by an augmentation of their power. Yesterday morning the JUDGE ADVOCATE at tended the PRINCE REGENT at Carleton House, and laid before his Royal Highness the proceedings of several Courts• Martial. Yesterday the Cabinet Ministers dined with the Earl of I.lvEßrooL, at his house i;-1 Whitehall. The Duchess of GORDON was yesterday considered much Letter. Mr. CALCRAFT, M. P. gave a grand dinner on Tuesday, at his house in Chsurd•street. MCS:FITZHERBERT has for borne little time past been confined by indisposition ; but we are happy to hear that her health is now nearly re-established. Miss CHARLOTTE MANNeRS SUTTON, a daughter of the Archbishop of CANTERIFURY, is, it is said, about to give her hand to the Rev. Mr. CROFTS of Yorkshire. Thr. beautiful and accomplished Miss EDEN, niece of Lord AUCKLAND, will shortly be led to the Fly 7 =flea! Altar by the gallant Capt. GRAHAM Moona, of the Royal Navy. Mr. WALTER SCOTT, we understand, has been offered not less than. 30001, for a new Poem, the subjea and the size to be left to himself. As Mr. SCOTT is really a man of original genius, and his works, in general, abound in poetical beauties, how ever, in parts, they may be liable to critical objec tions, it is gratifying to find that even in these hard times, talents of a distinguished order do not pass without due homage and liberal encouragement. - • The BURDETTITES, who , admire 13noNAPART3 for destroying the religious Inquisition, are wisely silent as to the political Inquisition, which he not only supports in France, but has introduced into all his dependent Stares—an-Inquisition that operates upon the nominal Rulers of those StateS, as well as upon their degraded subjects. A certain Caledonian Member'of the lower House has been for some time attempting to perform the part of Atoll, but it is probable* that the criticism whiCh be drew from Mr. PERCEVAL, on Tuesday night, will induce him, in fut.ore, 'to be more at tentive to rehearsals, aid better acquainted with the tasks he may undertake. ARR IV an—t Lisbon, i Dublin, I Waterford. Dui—t Guernsey, t jersey, t BrazilS. PRICE OF STOCKS. THIS DAY AT TlVer-V it O'CLOCK. Consols. If I Red. Ann. - - - 6z THE SUN. SOLIM QUID DlCik L FALSUM AUDEATI L 0 PI D 0 IV. THURSDAY, FEBRUARY 27, 1912. NAVAL NEWS PLYiCTOUTiI, FEB. 2.—011 Sunday List the strack . Loi•d Vernon, Wkirrt master, bound from ant mouth to Swansea, carried away her booth, and sotsained much damage, during a very severe squal in Whitsand Bay, a few wiles to the westward of this port, .where she Was brought to anchor, and parted her cable almost immediately afttr; being then on a lee shore, and it blowing a gain, she drove ashore, and it i 4 feared, from the stormy weather experieuced 00 this. coast since, that she has, or in all probabilrty v, ill i ;o to pieces. The crew were saved. List nOtt and this morning a heavy gale wag ex perienced at this nort. A French privateer, cap tured and sent into this port a few days since by the akin Irigate, parted her c2bles, but was fortunately brought up again without damage. The Clarence man of war, building in Mr. BLACK.. BUR N'S yard, Turnchapel, within this port, is ex. pected to be launched in a few weeks. Gim e down the Harbour and anchored in the Sound, his Majesty's ship Gorgon bound to 111. Meditvrrancan. Arrived the Loire f igate from a cruize, and a trdosport brig from the westward. Pitt back his M jesty's skips Tonnant and Zrinide. The Regiments doing duty here at present, are tie Ist Somerset, 3d Lantashir , -, the Shropshire, Rosci..iumon, Cheshire, Lid South Gloucester ReiA. inents cat With a brtg:tde •,t Royal Ariilicry drivers, a detat.7!nlent of Eoginetrs, &c. , . DEAL, FEB. 26.--Se , cral of our roiZi - ri were driven into the Downs I,,st eveniog cile violenct_ of the pie, and ten - lain will) his Aldj , :sly'i ships, Lady Carrington, Bengal, Glutton, a n Indiarnen, and a large list of ouiward-hcrinAl.— Severai of the ships lost an anchor and ce.bie PORTSMOUTH, FEr.. —Arriveti the Cilmter— land, Vimgeur, Fawn, and Orion, from St. Liden's to Spithead. Sailed the San Domingo, Goshawk, Bustard, and Sacchvich. Caine out of the harbour . the Plantagenet and 1p The Cuml•erland and Vengeur have been struck by lightning coming from the Mediterranean ; the former had her mainmast burnt, and twenty men knocked down on the deck ; the latter had her mainyard carried away : fortunately no lives are lost. YARMOUTH, FEB. 26.—Arrived the BarZ•ara schooner in the Roads, by stress of weather; and the Rover from off the Scheldt. Sailed the British Tar for Leith. FALMOUTH, FEB. 2 '4. -- Arrived the. Lady Aratella packet, from Lisbon, with a mail in seven days; she sailed on the 17th inst. NAVAL APPQINTMENTS.—Captain Robert Matrn. sell has been promote.. to the rank of Post Captain; - Captain Thomas Alexander to command the Devastation, - at Wool wich ; Mr. K. James. Midshipm.an, of the Vi:.tory, to tite rank of Lieutenant ;. Mr. john Prrnviiie, the Purser of llercutes, to the - Cornwall - , building • Lieutenant 'l' to the Osprey ; Lieutenant R.-Nitta) to the Asia; Captairt. N. Thompson, to the Bombay, in tite Mediterranean ; Lieu— tenant T. G. I larrington, Irvin tit.: Gibraltar, to_ the 04.ean ; Captain 1 honias Parker, to ttre Sarpedon, in the room of Captain Anderson, made The Adriatic, StiAltp, from the Cape of Good Hope, has arrived off 'lover. The Rapid, MILLER, from Yarirvmth to Malta, was carried into Ramsgate on Tuesday night, with. the loss of tier rudder, anchors, and cables, haying been on shore on the Blake Sand, and deserted by her crew, The 7 hells, PEARSON, from Sl:ields, for London. was lost on Tuesday . last near Harwich ; crew saved.' Our Letters fronrJamaica, by the last pnket, in form us, that his Majesty's sleep Prometheus sailed on the e3d of December, for Honduras, from whence she was to cow/it a fleet to England, which may be expected to arrive in the course of the en suing rn nth. Two companies of th e 55th regi-, nrent h id embarked for Great Britain. A squadron of frigates is ordered from Ports mouth, to cruize to the westward. By the Jamaica Mail, arrived yesterday, we have_ received letters and papers to the 15th inst. A letter from Guadaloupe slates, 'bat the inhabitants, hav ing been ordered to enrol themselves for the new militia, for the internal defence of the island, retun ed, conceiving that they were to be etnpl , yed in de feuding the island from foreign attack, and thA by so doing they would subject themselves to the f o r. tenure of their property in Fiance. A fine of eight hundred dollars was levied upon the disobedient, and. farther measures of severity were expected. A letter dated Kingston, Jamaica, Jan. 10, says —" The Felicia privateer, which some tittle since infested our coast, for the purpose of intercepting the Spanish traders, was appointed to. sad on the 6th instant, from St. Ja;:,o de Cuba, so resume her former cruising ground," The following English travellers are at present in Sijly :—Th e of LEINSTER and his bro. her, Lord SONDES, Lord MALras, Mr. HowARD, the El-n. Mr. CALTHORP, Mrs. ORBY HUNTER, and Mr. LAMB. Lord M--, snn to the Earl of ----, it is contioaed to be as;:ertcd, has become a Roman Ca tholic, at the perstition of a fair S:citian.. . _ The Queen of SICILY, re e poit says, is mentally nclisposed 3 Certain it is, at least, that she utctleres in ttie cot;cerus of State.