The Sun. — London, England, 1819-11-11 00:00:00

AN ADDRESS TO ALL PARTIES. _ Y-- FELLOW COUNTRYMEN T .- Are you aware of what is going on in your beloved Country ? I be ye not, or we should see the virtuous, the loyal, and the brave assembling in greater numbers to protect their lives, their families, .and their pro perty ; to defend their beloved King, and to pre serve their venerable Estahli , hineuta in Church Who could have believed, that, in nuti State. this enlightened age, with the experience ►,f the history of our otvn country, and that more recent in of.the French Revolution, there should have been subjects of a British Monarch who could dare to avow such sentiments religions and poli tical, as we have seen openly vended in our Me- tropolis ? You are told, that the object of the discon tented and disaffected is not Revulutiori but Re form. Ler us examine this quegtion. Let us see AVliat parr of our Constitution their sweeping no tions of Reform would spare from utter de struction. Our actual-Sovereign the Prince Regent has been personally insulted by the most gross and auda cious language, and told, in so many words, that "he has forfeited - his title to the Crown !! !" • Is this Ref Orm or Revolution ? The Hoiise of Lords has been told that '' their hereditary privileges are replete with injustice t o the remainder of the Nation ;" and that 4. thry themselves collectively present nothoig to our view, hut elevation without digni . y, power with . - Out talent, grandeur without Munificence, 'and opulence without charity." Is this Reform or Revolution ? The house n' Commons !—Scarcelyneed "'name tlt s grand palladitinia liberties: In the dialect of Reform it is the recepf.tcle of all evil, the source and origin of all . corroption. The banner of re. 17th century was raised in the name of Parliament ; it is waved in proud defiance Of Parlia C , but especiallyrii the House of Com- Mons, the Nlembers of which never receive any better epithet th.,u Borou2limongers, anti the Bo ronelrllollgers are described as sworn enemies and opput•ssors of the peop!c. In fine, a formal Re solwi,in lig% been adopted not' to 'acknowledge th''t' Anthortry " from and after the Ist Jatinaly, 1820 '• Is this. Reform or Revolution ? Tbe Established Religion h as b een h e ld lip t o comernp•,,aiot or;ly by stating, that " the Church Gi:vi,rnment or National Religion, is equally er roneous with those principles of Popery which it supplanted," but 'bat " all Religion is a system of :in post tire 'and it and." Is ibis Reform or Revolution ? It would be surerfloons to rim over all other establ;sh , nents o, int( r e sts which rest on the-ex isting Laws and Cinisiitution, The Magistracy, the Commercial Interst, the Lauded Interest, the Fueds--all -. are cOndemned by the sweeping Senreuee of modern Reform, which is certainly Synonimous with old fashioned - RevOlution. ' Loot< at this picture, ye Whigs of 1688 It 'is no caricature. It - is not drawn by the hand of an enemy. T 1 ,e Retortners themselves hold the pen cil. What think ye of if, ye stedfast supporters of the llonse 0 , Brunswick, ye descendants of the great Whig Nobility, ye maintainers of ancient privileges and fraerhises, ye opulent, charitable, arid tel profetsors of the faith of your pious ancestors, ye wealthy and lordly contributors to the Manchester Fund ? And is this ? Are the Reformers a mere spe culative sect ! Oh no. They have their train it!es and drillings, they have their Delegates •and Missionaries. thi-y have their pikes, and they plainly. tell yon they will ere long liave their in surreoions. " Jr is not to be denied," says one of them, " that .we are on the ere of an eventful criss. We moat resolve to act instantaneously and imaitimously. Let nut a moment - be lost, but let every man make that preparation his means will admit of. We have the experience of his tory before us, which invariably points out to us cvhenever a banditti have the reins •f Go vernment, similar to those in the administration of Affairs in this Country, they must be violently driren front it." h this sedition ? Is this bringing the existing Covernment into contempt. Is this to be tole rated in a free country, iu a country, as free, at -least, to the good as to the had, to the Christian - as to the Deist, to Constitutionalist and loyal Sub ject, as to the Radical and Rebel ? • These, my fellow-countrymen, are some of the doctrines of the present day, extracted verbatini, - sold at 2d, a book, and disseminated as fast as the press can supply them, Were you aware of this, and are yon aware to what it leads ? Are High Treason, Blasphemy,. and Sedition really stalking iu open day throughout the Kingdom ? If they he, I call upon all good and virtuous men, upon the ince, his Ministers, and all that are in au thority; upon the high and the low, the rich and the poor; upon men of all parties, sects, and per . snasions, to join hand and heart, not by their wishes only, hut by active exertions at all times and places wherever the mischief is seen, or sus - peered, in shaming, repressing, and putting down these doctrines and these revolutionary attempts, • while there is yet time. No one can tell bow far ti,eir baneful influence has already gone, fr! 'we ail know whither they most inevitably least ; and I conjure the Whigs, the Burdettites, the Hunt " ites, and even the Watsonites, to pause and to consider, that they know not what they are about; that they cannot direct the storm ; that in its pas sag,. they, with all that is dear to tiler) in this - world, all that is valuable and good in society may be swept away ! - that England --tie arbitress of tetiot,s—the admiration of the world—the glory of her chiloren—trom its pinnacle of unexampled izte4tnes - s, ryin fell into an abyss, from which she • will neveJ - recover, and that, in her destiny, may be , cousigned to ruin trod destruction, countless • Jut Woos of human beings, whole countries now happy and pros'perons, and ages whose tate de teons on the virtue and energy of the present AMICUS PATRIAi. LAW INfELIAGENCE: COURT OF CHANCERY, Nov. 10. The LORD CHANCELLOR did not give judgment in the case of the Rochester Charity this morning, the ptpe►s having inadvertently been Lett. at his Lordship's house. Mr. HART, in reference to the case of Sir Gre gory Page Turner, said he did not think his .botd ship would be again troubled .with any farther arguments in it, as he had been infortned that an arrangement would be come to out of Court be tween the parties, if it net his Lordship's appro bation, and therefore he had to ask leave that the case might be allowed to stand over till Monday. His Lordship expressed himself perfectly agree able, and an order to—tote effect prayed was order ed to he drawn up.: in the case of the Petition of the Churchwar dens, Oversetrs, &c. of the Parish of Poplar, the Lord Chancellor having looked into the report of the Master, to whom it had been referred, con firmed the same, without entering into the facts. COURT OF KING'S BENCH, Nov. 10. The Coltrt was occupied the whole day in hearing motions for new trials in cases tried at Nisi Prius after last Term. The following only were worthy of public notice : BIRKETT V. WILLAN AND OTHERS. This was an action against the defendants as common carriers, for the ntis-delivery of a parcel of cochineal, addressed by the plaintiff to " J. Worthy, Exeter." It will be recollected that this cage has been tried twice, and that each time the particulars were fully detailed in this Paper. .On the first occasion, a verdict was found for the de fendants, and on the second and last for the plain tiff. which Mr. SCARCETT now moved to set aside, on the ground that the defendants had done all that the law had required of them to do. The COURT, after hearing the Learned Counsel at considerable length, affirmed the hit verdict, on the principle of a carrier's common law liabi lity for negligence,. and therefore—Refused the RHOr)ES V. LEECH. - 'Phis was an action against the defendant for an assault, the declaration alleging !hat the defendant caused the plaintiff to be floggedwith cat-o'• nine tails. The defendant pleaded; first, Not Guilty ; and second, as matter of justification, that he being Captain and- Commander of a China ship, called the Orwell, on board of which the plaintiff was acting as quarter-master, the latter had been guilty of a breach or duty, and had acted in a dis• orderly, insolent, and improper manner and that in order to punish him for such conduct, l'e (the defendant) had caused him to he chastiseti in the manner alleged, for the preservation of the dis cipline of the ship. The plaintiff, in his replica tion, simply negatived the special plea, and on this issue was joined. At the trial before the Lord Chief Justice, at the London Sittings after last Term, the Jury intim' their verdict for the plaintiff—Damages 5001. Mr. ‘IARRYAT now moved for a rule to sbew cause why this verdict should not be set aside, and a new trial granted, on the ground that the Jury had given excessive damages, the defendant hav ing only given the plaintiff a dozen and a half stripes, be being a young man, well educated and %tell connected, basing actually jumped over board to avoid the indignity-afterwards put upon him, for a trifling expression of ,discontent, in consequence of his being unable to execute the defendant's Orders upon an 'empty stomach, occa ,ioned by shortness of provisions on board the ship, • The particulars of this case have already been fully before the public. The Coua'r, after bearing the case fully and fairly stated by the Learned Counsel, were clearly of opinion, that the damages given were not only not excessive, but were extremely moderate under the circumstances proved before the Jury, and therefore refused the Rule. MILLAR AND OTHERS V. MARK. This was an action of assumpsit upon a pro missory note, for securing the payment of 201., which the defendant had given to the plaintiffs as surety for one -- North. At the trial before the Lord Chief Baron, at - the last Assizes for the County of Nottingham, a verdict was found for the plaintiffs. Mr. Serjeant VAUGHAN now moved for a new trial, on the ground that the note was given for usurious consideration between the plaintiffs and North. The case was this :—The plaintiffs were leading members of a Money•lending Society at Nottingham, of which North was a subordinate member. The plaintiffs, at one of their Meetings, put up to sale the loan of a sum of 201. Several members were bidders, and at last it was knocked down to North at the price of 271., which he agreed to pay by instalments, the whole aggregate sum to bear interest at five per cent, until ail the instalments were paid. It, order to bind the bargain, the defendant agreed to become North's security, and gave the plaintiffs the promissory note in question, upon which be was sued. The Learned Serjeant submitted, that under these cir cumstances the action would not lie. The COURT thought enough had been stated to warrant them in granting a rule to skew cause, which was granted accordingly. MR. HUNT AND THE MANCHESTER MAGISTRATES. At.tour,o'clock the Chief Justice and Mr. Jus tice Holroyd retired from the Court, leaving Mr. Justice Bayley and Mr. Justice Best to bear mo tions of course. Mr: Hunt at this moment enter ed, amid availing himself of the first opportunity, presented himself to the notice of Mr. Justice Bayley. Mr. Hunt—My Lord, will you allow me to make a short motion. Mr. Justice BAYLEY—I cannot attend to you now. You should have made your motion when the Court was full. Mr. Hunt—l understood that I would not he allowed to do so until the ifar was gone through; and I have been waiting in the Halt all day anti all vesteiday for that purpose. Mr. Justice BAY LEY conferred with Mr. Jus tice BIAiT, and it was agreed that Mr. Hunt should ptoceed to state what was the object of his 'no tion. Air. Hunt then stated, that his motion arose ont of the application which he had made the other day. He had adopted their Lordships' ad vice and recommendation, an►i Lad applied to the Attorney General for the purpose of proceeding against the Manchester Magistrates, and it was in consequence of the Attorney-General's answer to his application that he now proposed to make a motion. Mr. Justice BAYLEY—On whose behalf do you move ? Is it in a criminal or civil suit ? ,Mr. Hunt—l am told 1 cannot move in a cri minAl suit. 1 applied the other day for that purpose. ..Mr. Justice BAY LEY—Is the motion in a civil suit, and on whose behalf is it made ? Mr. Hunt—lt is on my own behalf. Mr. Justice BavLav—ln what suit ? Mr. Hunt—l rather think it will be against the Artorney-Geimeral. Mr._ Justice BAYLEY—A civil suit against the Attorney-General! Mr. Hunt—l suppose the Attorney-General is 'liable to an action. Mr. Justice BAYLEY—Have you instituted an action against him 1 Mr, Hunt—There is no action instituted against him, nor is there any prosecution. I was only telling your Lordships, with submission, what is the nature of my application. I submit, that in applying to your Lordships, I am in the same si tuation as it 1 were apptying to a Grand Jury, though I admit yout Lordships are a Grand Jury of the highest dignity amid importance in the coun try. In this point OF view, I trust you will allow me to read a very short affidavit, which states the grounds of my application to tilt Court, which is to direct the AttornLy-Getieral— Mr. Justice BAYLEY—Is your motion for a Mandamus to the Attorney-General ? Mr. Hunt—No my Lord; but Gat your Lord snips should direct the Attorney-General to pro ceed on this public cause. Mr. Justice BAYLEY—We have no power to give H y such directions. I stated .to you the other thy, and I stated as distinctly as I could, what were the reasons that induced the 111 the exercise of its duty to declare, that they could • not grant an a;,plication of this kind, unless it was made by a Gentleman at time Bar, whose pro fessional education enables Nita to judge what is fit and proper to lay before the Court for its in formatiyu. Mr. Hunt—You know that there cannot be a civil suit instituted against t h e Manchester Magis trates, except it 'be by an individual. Mr. Justice BAYLvv—But your present motion is for a criminal suit ? Mr. Hunt—lt is a motion for time commence multi of such a suit. Mr. Justice BAY LEY—Which any Gentleman at the Bar is at liberty to make ; and it you were to make out a case fit for the consideration of the Court, I venture to say you would find many Gen tlemen at the Bar who would gratuitously under take the case. If the foundation of your applica• :ion was, that you had applied to every Gentle man at the Bar, and that all of them had refused to undertake the cause, or that you are not in a condition to. employ Counsel, then the Court might, in the exercise of its discretion, assign Counsel to conduct the cause. Mr. Hunt—This is an application completely its point- I will shortly state the facts upon which I move, and which arise in consequence of • my appearing before the Attorney-General last night. I was aware that I could not come here without an affidavit, and therefore I have an Hai- davit of the facts lAm stating. I applied to the Attorney-General, and after laying the whole case before him, I called upon him to bring the case before the public. He refused, and 1 have his re fusal hi writing. I merely submit this fact as the foundation of my motion. 1 was told by your Lordships the other day, that the Law Officers of the Crown were the proper persons to undertake such a cause, and therefore I applied to the At -torney-General for that purpose. I am aware that for an individual wrong, my course would be strictly, to bring an action, as your Lordships ad vised me to do. Mr. Justice BEST—We did not give you any advice on the subject ; we merely told you, that if you had any individual particular wrong to com plain of, you might bring an action. You did not state to us the other day that you came to redress any private wrongs you' had suffered, but you stated that you came for vindictive justice (if I may use that expression), and to proceed on the part of the King for the supposed crimes ofThese persons. Mr. Hunt then proceeded to repeat, in a desul tory conversation with the Court, that he had ap plied to the Attorney-General, in consequence of what had passed the other day, and had called upon him to prosecute the Manchester Magis- trates, but that he had refused, assigning for red son that he did not usually practise in the Court of King's Bench, and never went there but on official business. The COURT said, it was true that the Attorney- General did not attend this Court, except upon official business for the Crown and Public Boards; and that it was competent for bins or any other Advocate to refuse to undertake a cause in a Court in which he did not usually practise. _ _ Mr. Hunt was again u r gent in pressing the Court to interfere in the manner requested. Mr. Justice BAYLEY--4 will ask you one quei don. I wish to know whether your affidavit states that you have applied to any Gentleman of the Bar for advice ? and to know whether, in his judg ment, it is a proper case for inquiry Mr. Hunt replied, that his affidavit stated that he had applied to the Attorney-General, and that he had laid the whole of bis case before that Officer. Mr. Justice BAYLEY said that this was no answer to his question. Mr. Hunt then urged the Court to hear the contents of his affidavit, and their Lordships at length suffered him to state what the prayer of his affidavit was, namely, " That your Lordships will permit this deponent to read these a ffi davits _ _ himself; and that you will direct the Law Officers of the Crown to perforrM that duty for which they are so amply paid by the public." Mr. Justice BAYLEY—Now,, win you tell me what power we have to give directions to . tlie Law - Officers of the Crown to institute any proseetz' tion ? Mr. Hunt--I think you are all powerful• found it so. The discussion proceeded a t mu ch gr eater length, bat the above being a specimen of its ge" . neral character, we forbear entering into any larg e/. detail. Mr. Hunt having exhausted his subject, Mr. Justice BAYLEY and Mr. Justice BEST d e. livered their opinions seriatim at considerable' length. In substance they stated, that this was an application which could not be entertained bY the Court—first, because the applicant had not :thew!) that he had applied to any GelltlelnEtn at the Bar for advice upon the subject of the moil"' which their Lordships were sure would be nil. cheerfully giveu by any G ent l eman o f t he properly sought, without any pecuniary consi: deration ; and, secondly, because the Court boa no power to order the Attorney-General, or any other Officer of the Court, to institute a protrecte tion, that being a power never exercised by it, • and was wholly without precedent. If such is power could be exercised, it would be attende d with the most mischievous consequences to tb public, because it would totally sub v ert time Pro . vince of a Judge, whose duty it, was to adminis' ter justice in cases impartially brought before lilt and not to assume to himself the office of 8 prosecutor. Before the J u d ges cou ld ma k e Bucw an order as that alluded to, they mast first hea r the accusation, and then with their minds pre" judiced by the case laid before them, decide titer' wards upon the case in whi c h t h e y h a d direct" the prosecution. Such a proceeding would be strange anomaly in a Court of Justice. 00 th e whole, their Lordships, atter repeating the ref' Sons wi!icti thty had before given, why a privat e h: !son could no: put in motion the criminal V I of the country, declared !heir distinct opinion' !hat th , -y had no power to direct the prosecution' as prayed by Mr. Hunt's motion. Mr. EH►tnt, in a parting reply upon ail Corr t ' tilloded to the evidence he i►ad in his p os st!ssio tt against the Manchester Magis►rates, but 'is l►C Iva, immediately checked by the Court, we f" r ' bear stating circumstances which appeared ;o b e couched by mere assertion only. He (Alen IJ C tl►e Court in apparent disappointment. ANOTHER FATAL INSTANCE OF HYDROPHOBIA' beards, of No. 3, Globe Terrace, Mi le End, was in the habit during last summer of feed' ing out of his hands a favourite dog, and on Ofi e of these occasions the animal quietly licked hts hand ; soon after a small sear was observed ° one of his fingers, which was sometimes pee''' . liarly painful, and which could not he removed hi the application of any plaster or lotion. WhC ri the scar was first observed it was cotemporaneol with an inflammation in the fa ce , ' an d a l t hotig` l the dog diA.in raging madness, it was never s°l -) ' posed that the crag or tdie iz;fllmmation WAS a" tributable to he animal. These synytoms we re . , painfully felt from tim e t o ti me , an d on Tf l ursdoT last the sufferer complained of sevefe indispo si ' lion ; on Friday he was seized with a violent miting, and on Saturday lie was obliged to !W I) Messrs. Charrington's Ale Brewery, where I % e worked as a cooper; on Sund a y b e seeme d n ot °;" _all improved in his health, - and it was remarke d for tbe first time., that on giving him water t_ l a wash his bands he turned away his head, 3 / 1 ' could not bear the sight of it. Same liquid 1 13 ‘,: dicine was offered t o hi m w hi c h h e too k wi E ri great difficulty; he felt, he s a id, a s if it vii o ° L ii strangle him. He then took a pill, 'after wbi c i. be appeared a littl e b etter , b u t a b out n i ne o 'et at night blood was seen to ooze from his tro° t " c ' and it continued so to do until a few minutes pa s 7 o'clock, the next morni ng (M on d a y), whef) be expired...--The poor man has left a w if e tv id t se" small children, to lament his Premature dcatb the eldest of the children not more than 12 Ye ar of age. • oil MURDER.—We lately anno un ced th a t the - faction called Ribbon-men, were extending (l'e ul ; selves in the direction of the w e st ern coun ties 0 ; Ireland. We regret to find that their progress 11 ; been milted by the blood of a v e ry respectabf, Gentleman, and has excit e d c on side ra bl e a larlo '— that quarter : " WATERFORD, Nov. 6.—On Sunday ep e e ing HENRY SAINT GEORGE, &q. b rot h e r of °I RICHARD ST. GEORGE, was most ilahniu my W i t; tiered and cut to pieces by a banditti, near own hou3e, within a few miles of Athlone. P had been lately active in putting down ribb °ll : men. His cousin, MANSRRGH ST. GEORGE, sv a " murdered in 1; 93."—(!Waterford Mirror.), " The Sheriffs of the counties of Limeric k ; Clare, and Roscommon, have convened di et respective counties, for purposes of police."'"' (Ibid.) ATTEMPTED SUICIDE.-011 Tuesday, a Gentle: man of respectability, in the . neighbourhood of Fulham, who has for some time shown sympw rii i i s of mental derangAment,. endeavou re d to pikt °r— end to his existence by throwing himself otf ney Bridge, and would inevitably have succeeded in his attempt had it not been for a stranger , " d ! c ; was passing over the bridge at the saute done, an ,happily caught him just as he was nearly 0 11 . 111 5 'balance on the top rail. The unfortunate - min conveyed home to his friends, who lye imP e • future will prevent his attempting so rash an BIRTH. -°'` On Tuesday last, Mrs. Wm. Haigh, Claphani•Cc on, ou n a daughter. MARRIED. On the 10th inst. at Marylebone New Church, Feli.X.Wll4; more, Esq. of Belvedere-house, Lambeth, to ftosaownd, 5- cued daughter of Major Tu!loch, of Porthfid-place• DI D. As ne ' At Brixton, on Tuesday, the 9th inst. aged -/ , ,,, z0 i 50 0• On Friday last, at her house, Balliani•hill, Miss D . " wife of Mr. Louis Dubuisson. . • LONDON: Printed by J. B. CARSTAIRS., of No. Ormond-street, Queen-square; and published by r yr SCRIPPS, of No. 7, South Melton-street, at T il ,t sde^`) Office, No. 112, Strand ; where Adirertisenicnts, Lettc;s ) iks, (post-paid) „gist b.:a/liras:As C ttz, Lizprj I ' 4ll ; Netting `tread 1 4111 1ral a • Cepi n Nrer, 111 . 1 . 1 1 e . tae. 11),: each;! '446 -311 46 i h hot to it/iir e . Toti owi , fikd „ 2;the C141(?)1. Al so Littl sat,,. the Au tyod R. .. 01 1„ „ /411 er s ' t r i ce 3 T~. ttl 6tt, it iqt F . beat k erns 1 '134b1 4t 'n ICItTa T trowt, 6i.., 0 ; 3. Ivith ' l .er ',if'. 1, 6, t 1 ( ,t 3 ii•ji c;t 7 k,