The Sun. — London, England, 1812-02-12 00:00:00

I 111 E I,;1 DUBLIN, FE/is*. • ACTIONS AGAINST THE CHIEF JUSTICE.. In the Court of Common Pleasi this day Mr. EDWARD PENNEFATHER moved, on the pia of Chief Justice Downes, that his Lordship be allowed until next term to plead to the actions com menced a ga i nst him by the Catholic ritelegates. The bts motion was rested upon theimpossibilny which . Lordship felt of giving a tequate instructions to is Counsel, from the extreme pressure of public business. Messrs. PEREIN arId.SCULLY oppOsed the motion, u p o n the ground of its proposing an unnecessary de 13y. They thought a month from this day would allow Ins Lordship sufficient sufficient time to have his pleas . pre pared.. It Was to be recollected that the D,..ltgatts c ommenced no suit against his Lordship as Chief Justice 01 the rourt of King's Bench, but as a Ma gistrate of the County of Dublin. Mr- PENNEFATHER observed, that it was Moir probable the Chief Justice's 'Counsel would be on Circui t at theref ore the the p er i o d suggeste d by C o unsellor Scully, Court could not assent to his proposal. His Lord s hi p dA not mean to defend hiniselt in 1.15 Magis'e t i a l c h aracter, b ut i n t h at o f Chief Jus tice of the Court of King's Bench. After same further' observation; Mr. PENNEFA- Tri it's motion was agreed to. ch 4., like motion was made in the Couit of Ex -(l.'",and also assenttd to. t f CL o NMEL, JA/.,9.-I_,.4st Friday night the house ~- , i ta° lle Br own, a re S pe Mable farmer at Clenoulty, Ey s broke n into, and his daughter, a girl of - about trl e . nh. / years of age, forciuly carried away by . a gang 6, i ufl idns of the very lowest order of society. The C if ,. P la ce they brought her to was the wood of i nv l a gh, where they rt:mained that night, and hay fr(7,l, 11, r going front place to - place in ,secrecy, leer that night till Sunday night, they then brought res .l l) S carborough wood, where they took up their s h,:" e tL:e in the h o us e of one Patrick Burke, where i -r "lained till M on d a y last, when she found means n ma ke her escape through a small window, but r na -I .descent got her .back a little hurt. She then Mite all speed a cross the country to the house of L o . ael Egan, E sq . Lis va, where Southw ell Moore, L o c l was on a vi si t. The villains traced her to that v,[ 3e, on the same night, and demanded admittance, 'lett these Gentlemen very humanely and spirited ly°Pl)oied ; and alter b.irring and securing all the (In and windows, an putting the girl up stairs, i„Pa'cited a trusty servant on horseback, with a u tter to Lbrd Caiier but aPer getting a sin-. 11 dis a4t,d-ce I.lo ln the house, he was attacked by the party, t on , obliged to return to his, master's. He then 1." another road to avoid them, arid succeeded in iv "ing his message., upon the receipt of which, Lor d Caher immediately ordered off Jelin Blake, owith a part of the East Norfolk Militia, fif e sPo!, who arrived in time to rescue the girl ton; danger ; but the ruffiaai hearing them cowing, it 4 4 1 e ti , eir escape. t, l: be party brought the girl tack to Bus ke's house, t h k e t a trifle 'of c;othes she left behind, and took i t) ; r " into custody, and brought him and the girl i, Q C:ilnl . next morning. The former was lodged R b i '"e gmrd-house, and the latter put into comfort . f o e aPar• r n e nt s . Mr. Egan burnat.ely gave the un th,lflate girl- some clothes to covet her. Her fa th ey Was about makinga match for her and Intended 'ing three hundred pounds to her suitor.—Cion nzel iiduertiser. fa A few nigh its since, a party of villains attacked a f er of the name o f C a hill, living near. ArdfinnaS, (W( er had r e c en tly . ma d e a - sma ll ta k e o f l a nd), and, tibreaking into the window, were received with 8 ti" most-determined resolution by Cahill and his oh one armed with a - hatchet, and the other with sl h atitmel, the former of which was used with Ch etfea, as that one of the fellows was taken awwere with hi s s k u ll c left, and two or three of hers -wer e desperately wounded. tr n ' bi n Wednesday night three houses upon a farm ,erce O'Donnel, Esq. near Moorestown, (the estate of the late Godfrey Greene, Esq.) were It ali cinusly _burned. . The oaly assignable reason t Bl th at M r. O'Donnel had i mme di ate l y b e f ore t ak en, back. the lands and houses limn the late oc, :P a nts, •to whom he remitted an arrear of rent p e ,arlY to the amount of live hundred pounds.-- ,ecotone/ Herald. I HE AilTs.--NORTHCOTE has advanced very far 4:a piaure which. promises to be the best work at has yet issued from his ,pencil. The subject - is The Cr ue l ly o f J ose ph' s B re th ren , and the point of tim e Tl is when th e y are lowering him into the pit.— e person of Joseph may be thought rather too but this circumstance essentially contri ...mtes to th e i nterest o f th e piece. The figures are C el l distributed, and judiciously varied. Benjamin biding his face, In anguish, and the imploring 4, ) ,. rt aw of Joseph strongly appeals to the feelings.— T here is a fi ne breadth of light, and it is skilfully with the shades. The colouring through ut is admirable, and the story altogether is clearly e 2 d happily expressed. This Artist has now finish ‘_l the fi ne pitture which we noticed some time ago, P 1 ; l e story o f w hi c h i s t a k en fr o m Isaiah, where the brophet i s d estro y e d by a Li o n for disobeying the Ivine command. This subje9, as we before ob 'teild, is well treated. If it might not be thought t .4 14 -We refine too much, we should venture to ffirr4l that there is an expression in the Lion which l ews that on this occasion he did not act troin na 'lltal ferocity, but peculiar incitement. Indeed the proximity ot the person by whom the deceased Pro phet was deceiv e d, and who seems to be agitated by: pity and remorse, not fear, and the quiet appear s , ' an ce of the Ass, fully strew that such was the,in. t hcled expression. The colouring of this picture is jcli and harmonious, without any approach to pa-- ' i ness and glare. A portrait of the present learned and estimable Bishop of ELY - is another work re, Veally finished by this Artist, which is highly cre mitabie to his talents, in exact,sitnilitude, and high professional skill. That magnanimous performer the Elephant, last night took leave of Covent Garden stage, much to the regret of all who attend .theatrical entertain nents for the gratification of the eye, without any c onsideration of moral or mental improvement.= The house was crowded at an early hour, a prOaf that this Performer, however great, was not - the sole object of attraction, but shared it with 1. - 14 Pirgin of the Sun. LAl' aEPORT. COURT OF CHANCERY, FEB. U. ITALIAN OPERA.-WATERS V. TAYLOR. Titis day Mr. RICHARDS moved the Coot t for an order, permitting the defendant to pay into a certain &ink. appointed by the Lord Chancellor and parties, as welFas Trustees concerned in the interests of the Theatre, a ',um of money, pari of the profits of the h.n.ice, which he had been ordered to pay, under peril of an attachment for contempt of Court, in the event of disobedience to the order. _Mr. HART, on behalf of the plaintiff, consented Id the motion, on the terms of not retarding or im peding the process of,comempt now. in pi - Ogress ag'ainst the dtlendant : to meet wee!) objection, Mr. Richards undertook to' pay the costs of the at tachwent. The motion was of course granted. COURT OF KING'S BENCE], FEB. it. In th4 3 case moved by Mr. GA BROW against an At to)ney of the Coin t, for arresting a foreign seaman ac coon as he came into this country, and refusing to give up the name of the plaintiff when applied to, .thr! Rule was made absolute for him to return the money extorted from the seaman, and to answer the matters of the affidavit. In the matter of the Mandamus moved by Mr. RICHARDSON toe dil'eCited to the Mayor of Stock ton-opou-Tees, to swear in a Mr. Dickson, who was alleged to be duly choien Mayor, after hearing the affidavits produced in answer, the Rule was dis charged. Mr. PARIC shewed cause against a rule • Nisi• for a Mandamus', commanding the defendants -to enter continuances and hear the appeal of John Storks, against a poor rate. Mr. NOLAN, Mr. GURNEY, and Mr. BOLLAND, contra. The question turned upon the words in the Acts,of Parliament, " at the next Gneral or Quarter Sesssions," which the Counsel for the appkant, - who had suffered a Ge neral Sessions to pass, contended to refer only to the Quarter Sessions, and that therefore his appeal was within time, the Statute dirediiis it to be made at the next possible Sessions. The•Coart would look iAto the several AiAs of Parliamentouider which the applicant's Counsel contended for iheir cdostruation of the Law, and give judgment on a foture day. STATE OF THE PAVEMENTS. The Grand Jury cameinto Court and stated, that they had Called the High Constables before them, and diretied them to make presentments 'in their several hundred.: of the bad state of the Pai•ements in London; and in their presentments to state'w he ther the same was by default of the Commissioners of die-Pavements, or occasionei by any of 'he Water CoMpanies. That the Constables had made their returns, accordingly, which they had put into the hands of the Officer of the Crown Office, and they humbly hoped the Court would dire6t such measures as would secure the saes of his Majesty's subjects, now greatly endangered by the bad.state of the pave ment in many parts of the metropolis. POLICE. Bow- STREE i•—Yest/euday John Glover, Wl:laity, John Pearson, and Mark Pearson, underwent a.n ex amination, charged with uttering counterfeit dollars and tokens, well kuoks4ng 4hein to be such. _.lt ap peared that the- prisoners were all coblers; and were drinking, together at the Welsh Harp public - house , in Chandos-street, on Friday afternoon, when all of them, except Batty, went out and tittered counter feit dollars and 3s. tokens to Sarah the wife of John Blonfield, a chandler, in that•neighbour hood, and to other retail shops, for trifling articles. The Pri , soner Batty was seen to conceal a counterfeit 3s. piece among some cinders, in Vine-street, , and a glove, with six connterfeit 3s. pieces, fell in the Welch Harp publie-house, and which was supposed to have. fallen from Batty. The • Solicitor to the Bank attended, to conduct the prosecution, and the prisoners were committed for trial. • . . RACE.—A . gentleman, of the name of Webber, who bad performed several pedestrian 'le,•es, under took yesterday, for a wager of 100 guineas, to ride nine miles within half an hour, and run five in ano ther half hour, making in the whole 14 miles. Mr. W. started at Two-mile Brook, near Colebrook, in a light sulky, arawn byt fine blood mare, and per formed nine miles in four minutes less than the given time. He started on his pedesti ian under taking at the half hour.—lt was a near thing—Alter going four miles in a few seconds under 24 minutes, the Pedestrian laboured under great distress, but tic recovered his wiqd, and won the match, in six se conds less than the given time. On Sunday last the mangled remains of the murdered infant, Margaret Huxtable, were 'inter red in Dodbrooke Church-yard, near Plymouth, in a manner that evinced most strongly the popular feeling at her untimely fate. The corpse was pre c'ided to the grave by Mr. Webber, the Minister, and several Constables, bearing their maces ; and the pall was supported by eight giils,• near the age of the deceased, uniformly dressed in winie, with black ribbons and .scarfs. Immediately behind the corpse were the unhappy parents ; next followed a number of little girls, tour deep, and hand in hand I then a number of boys in a similar form, t hen w . o . :men, four deep, and lastly men, making altogether about two thousand persons, of various ranks and descriptions: A subscription has been entered into for ereding a tomb to her memory. The mur derers havo hitherto, we regret to say, evaded de teaiOn. . . CORN-EXCHANGE, Fil3. 12.—We have to-day furthet supplies of Wheat, with part of Monday's ''arrivals, the trade heavy in sale, and hardly main tains last prices ; Barley much in demand, and again -dearer ; Malt at little fluctuation ; White Pease likewise . ; Grey, and Beans of } cacti kind; Deafly as ,on Monday ; there are again 'yr:ly short'stipplies of Oats. waiting arrivals, few Salesmadefo' those only •in forthwith request, and rather higher; Flour in full stocks, at late quoted pikes. Wheat . 636 a 925 a tics i Tick I3eans( new) sos a 565 Fine ditto. - - 1155 a 1 zos Ditto (fine uhf) - 575 a 5 8s r . .ye ,; ,- • • - ass a 57s Oats - - sus a 34, .1 3 8 S Bailey -..- 40 a 55s Poland ditto : -__ 3t; avs Malt •-, - - -78 s a' Bbs l'otatoe ditto -41 s a 4 25 tVhitTeas,boiters76s a 823 Rape Seed - - 6...1 a 661. Grey ditto - -58 s a 635 Fine Hour . - yes a 9 ss Aileaus . . a s4s a 604 Seconds .. - - Sis a 9AS PARLIIMENI, HObSE OF , PEERS, TUESDAY, FEB. 11. STRAFFORD PEERAGE. their Loidships in a Committee of iirikrileges, proceeded further in the investigation of the Claims to the Barony of Strafford. The next sitting there on was ordered for Tuesday next. THE ROYAL ASSENT Was given by Commission to the Royal Household Bill the Household Officers, and aim Regency Ex penses Bill. The Lords Comtnissioners were, the Lord Chan cellor, Earl Bathurst, and Lord Walsingliam. Some. private and judicial business was then dis• posed of; after which the House (to-morrow being Ash Wednesday) adjourned .till Thursday. HOUSE OF COMMONS, TUESDAY, FEB. 11. The Deputy Usher of tie Black Rod summoned the House to the House of Peers, to hear the Royal' Assent given by Commission to several. Public Bills (tor which see Lords.) General FERGUSON obtained leave to bring in the Edinburgh Police Bill. 21r. CURWEN presented a Petition from the In habitants of Maryport, in Cumberland, respecting the Harbour of that place. The Report on the Coal Trade Bill was rsiponed to Friday next. Mr. N. VA NI Si TT R T postponed the Motion re specting the African. Ports, to Thurslay nest. Mr. ARBUTHNOT brought in the King's Forest Exchange &it; hich was read a first time, and ordered for a second reading to-morrow. LEEWARD ISLAND DUTIES. Mr,: CREEVEY said he rthe, in consequence of a notice" he had given, to submit a motion to the House on that part of tire public revenue called the Barbad'oes Four and halt per Cent. or Leeward Island Duties. The present moment he conceived to be the most favourable for removing all doubts . connected with, this sourze of revenue, as new ar rangements were now ,about to take place in the Household. For his part, lie was always of opi nion that they should be applied to colonial pUrposes alone in Barbadoes and the Leeward Islands Wm selves. The next point he shotild maintain was, that it they must come into the public revenue here, they shouldhe applied to public purposes ; and the next, that such abuses had taken pl.ice in the ap plicaiiim of them as rendered some alteration neces siry. 111 tire beginning of the reign of Charles - the First, the island of Bar badoes w a s granted to the Earl of Carlisle, but it was then of very litire • im j4ortance, being extremely poor'and thinly inhabit ed.. In the reign, of Chinks, the Second it became triOre .. populous, when the second Earl of Carlisle succeeded to the possession, by whom it' was dis posed .of to\ he Earl of Kinnool. An application was again made us' the Crown to vest the sole pro perty of it - in the Earl of Carlisle, but a Petition *as for warded by the - Plamers to the Privy Council, stating the alietation which had taken, place to the island, and the consequences .which 7 would result from . a,,sign ing it Ater. This circuMstaned was alluded to by the Earl of ClorendOn, whO'was accused of tyranny with respect to that 'bland, in cooseqUence of the ad- . vice, as he supposed, which he tad given to Charles If. Lord Clarendon conceived, there was something like a 'promise of making it a Roy - al revenue, in case ' the claims were given up; the final adjustment ,vas however reserved till the Count it sat iii Barbadnes, and the first written documint to w'fileh the could appeal on the . stito , •M, was the act' of tt at Coun6d. f - lere he quoted a passage from the At, stating, that the sum of four and 'a half per cent. in .speck On .every five score should be - granted to his MAjeSty, in Consideration of the necessity of support 'Mg the dignity 'of POVelp/nent; acid of building a fort i and o her public works for the bene fi t of 'the colony. He then pursued the Hi s tory of this grant, through the succeeding reigns,' down to the present' tithes. From Charles it descended' to James, with out anything remarkable occurring, until' it' came down to \Viliiarn 111. During this reign, it 'was. mentioned)n certain Acts as forming apart of what were called' the ,sniall Heredi ary Revenue. .But any one who read the original Att must conceive this to be a mistake, and it was so considered fur sixty years afterwards. n was presented to the House by the AgeniS and Planters of Barba does, in the reign of Queen Anne, stating, that those duties were diverted from their original purpose, and praying that they might* be turned back to the colonial onjects for which they 'were gtanted. Ac cordingly when the HOusehold Bill of Queen Anne was Passed,' a 'specific exception was made in favour of those duties, and they ‘A ere restored to their ginal purposeS. 'ln the reign of George the First, on the Danger of tiie Hcreditsoy Revenues, the four and a halt p, r cent.' duties 'were again ex cepted, arid atso •ir, that of George the .Seeoud.On - the accession of his piesent I\i4j,-31y, a new arrange . - went was by which he surrendered up hi's Ihrnief revepues . ,.'and agreed to' accept in their place , 800,0001. It was said that this turd was not men tioned by name in the eiturneration on the 'JournalS ; but how could it be mentioned George the Se cond never had it, forit . Was excepted out of hi; ACt ; George the First never had it, lOr it wits ex cepted out of his AM Aid ; and Queen Anne never 'had the same reason.' How then could Geo. lf.Lave diSpoSed'ol But if that were not the case, - and that the ditties alldded to must come into this 'country, the King having given up the lesser hereditary' revenut s', they 'shotild be applied actord• Mg to the faith of that agteernent.' 'The next point was the abuse of the at plleal ion of this Rind. In, 1809, he (Mr. Creevey) had mUVed . (or fin ac count of the proJuee friint the tune of his Majes ty's coining to the Throne, and lie found by that return iliac it had producediit the above-mentioned pert,id 1.68 stun of 1,600,0001. Of t his sum Jour hundred thousand pounds were applied to the pay incnt t Governots Salaries, not 01 13arbadoes add t lie 'Leeward Islands, but of Jersey and Guernsey, and otloAs in no way connected with them. Three' hundred and twenty-,ix thousand pounds wete apa plied to special service, though we had a special fund of our own with ',toper checks. It possible not to entertain some suspicion on S: , v s this head, when they saw 414,0001. granted to one Secretary of the TicasOly, attd 70001. to anollnr.-7 AnotheFapPlication was a sum. of 170,0001, to the. Civil List; an abuse elich it was high time to rehtedv in the present arrangement. The next head Was that of peareons, to which a sum was applied from this fund amounting to 740,0001. In deft nee of the provisions of Mr. Burke's Bill, the Paymaster of the Forces derived from this source a pension I goo!. a year ; Lady Chatham and Lady Grenville had similangrants, and all thefashionable pensioners were indebted to it. If he wanted to shew the ab surdity of the condual of Government, he would, tekt~ it in .this was. The poor people of Barbadoes had had the honour of supporting the late Duke of Gloucester at the rate of 90001.. a-year for takierty }tars; it was afterwards thought neees , •ary to ob lige the people of this country by distinguishing them with his support** for twenty wears also ; but no sooner was the Deice provided for, in this way than his Majesty himself obtained from the 4 and a half per Ceete, different sums' in different years, amounting altogether to 170,0001. . After a few further - observations enforcing the importance of the subject and the necessity of inquiry, he Concluded with moving for a Select Committee to inquire into the nature and extent of the revenues arising from' the 4 and half per Cent. Leewaad Island Duties, and the appropriation of the same, distinguishing each year Irem his Majesty's accesaion to the throne, with their observations thereupon. Mr. LONG said, that the Hon. Gentleman had not r ontented himself with stating that the duties to which he alluded were granted for colonial purposes alone, but had gone on to assert that they weie abused in the hands of his present Majesty. Hte had professed great candour, but it was to be lameet ed that its all his admonitions he had admitted no 4 thing which could make against' himself, not evert those facts Which were necessary to a correct state ment of the case. He had given the history of that branch of the revenue, from the first gift of Barba , does to the Earl of Carlisle, arid endeavoured to prove that the Act of 1663 e as granted for local purposes. In the history, however,he was mistaken, for it would be found, that the Ministers of Charles I. were charg ed with an intention of drawing a iiublid revenue, from that country; and that Lord Willoughby had . been sent to B irbadoes to raise a revenue to pay bff different pensions.' He would admit that the Act cited ,by the Hon. Gentleman stated some local pur poses, such as building, &c. to be defrayed out of that fund ; but did it say that there was no grant 10 the King ? If they doubted it, the Act itselt would inform them, that it was granted to the King in consideration of . the lands. which they held under him, and they would find that the Act; as far as it . regarded i the other a islands, did not even contaiu an allusion . to other purposes. The very year after this Act was passed, ,five or six thousand pounds were paid into the Exchequer here, a circumstance which• strewed that though Barbadoes 'had annexed some . loCal purposes, the other'lslands had - given the cow plete and- tell disposal of the Fund to his Majesty, When thellon. Gentlemafi alluded to 'the Act of Queen Anne, he ought to have given a little of its history ; had. he done so, they would find that a Commission was sent out by' her Majesty to exa mine. the stare of the. fortifications at Barbadoes, which they reported to be in' a ruinous state; that in consequence of this an Address was presented, praying that the 5 and half per Cent. duties should be applied to one of the purposes 'for which they were ofiginally granted, which Address was: complied with. But was this saying that -.they were granted for that. purpose alone, or if it was, did her Al bind her successor? He enters , tained a high reaped for a Resolution of that House, but a Resolution was not an Aet of the Legislature, and his Majesty could not be divested 'of per of his hereditary, revenues but by an Aul of the Lagisia- Lure. It was excepted in lite Ads of Qeorge tee - First' and Second; and his present, Majesty hed given up certain enutnerated branches of the here ditary revenue, in lieu of the Civil List, among W inch, this was not mentioned. It bad been said, that this fund was out of sight ; but from the reign 'of George the First, accounts were repeatedly laid before Parliament. The Hon. Gentleman himeelf• had moved for Accounts in 1740, which he had now . omifted to mention, because he. knew that they would snake against him. There was not an AO, not a report of that House, which did not recognize' the four and it half per cents. as part of the heredie. tary revenue. He thought he might even appeal to the Speaker, whose Judgment must contribute so materia4 to strengthen his own opinion, whee ther it was not the case. When the Prince Regent agreechte.give up a . imrt of his Exchequer Revenue, it had ae heen decided by him (the Speaker), that the proper Officer should appear, for the purpose of sure rendering if as a part of the hereditary revenue.. In confirmation of that opinion, he had cited the case of 1766, in which the King's consent was held necessary to deliver up the Four and Half per Cent. Dtities of Scotland, for which ael his Majesty ree - caked a Vote of 1 hanks. With respect to the Duke of Gloucester, the fad was, that the Paid was not sufficient to pay him, and therefore other pro, i sion was made. It should also be remembered, that when Mr: Burke's Bill was brought in, the pen -sioua paid out of this Fund were in his knowledge, and left untouched by him. It was also stated by the Finance Committee in 179 T, of which thta Speaker was'Chairrnan, that the Crown had other hereditary rights with which it had not pa:ted, 'among which rights, those very Duties were euft 'berated. The accuracy of the Report or that'Conf in:tree was known. He thought this was 'enough to shew that the FiVe per Cent. Duties were a part of the hereditary'tevenues existing m the Crown, and Trot given up by any legal - enactments. • But it had been said that they were misapplic d. He (Mr. Long) could stateee hat from 'the beginning of the reign Of'George I. they were applied to stint: fir puepeses sv it h those objected to by tie Hon. Geu payment of the salaries of the Go . verntirs of .Berrneda, Jersey, and Guelney. Mil ( teneEe4e (to explanation' said, that he had not disputed those lams. p thatr .lV v l ai r icit:e l d 4 p o r e feo e s . re nat, said, cearip tt if ,t.ll ' irc t: a t t e pi oan fi s t was t man granted , he n t l e t e e d sam e not as trespasshal tong upon their attention. In the reign of G: care the Second, 120,0001. was granted from it to the special service. Early in the present reign, a pen sion faid r tieen granted out of it to the Earl of Chat hameeand 'Lords Hardwicke andeCamden ho were these Attorney and Solicitor-General) -had do doubt as melte right of the Crown to do so. It had been ealli'thafLord Thurlow opposed a, grant from