The Sun. — London, England, 1819-10-08 00:00:00

0 Feilt TILE SUN. - TITZ CONSTITUTION.-(tErrn 'IR. EDITOR—I have undertaken to prove, chat 'my view of liN Etiglish Constituti“n, as stated in -rny former letter, is correct ; and that it is not 19111 orwerstood by those who dispute the contrary, find d, no, euriclusions unconnected with their pre. I 11, F. NA X writes like ;4 Gentle. Mtn on - the subject ; but he hovers about anti about it, coming to the end hepurstirs. 1 haye also said that be has 'kept t h a th ei m i tl eo liy to his point, and like a good chymist extracted a strong spirit horn his ingredients ; but be has blunted his point, by leaving the people to be iittle more thatifirces, or dross. In this I hope I nitstake his meaning, tit...ugh warranted in Itty inference from what he has written; bait, Sir, my fe:tr exceeds n'y hope, which it will do until solved by Itim , elf. I have not called hint a mathe lnatkian 50 plol . olllld as Euclidi, nor a chymist so able as G Aen ; but I give him credit for knowing soluetliing of boli these great man. If .his eon. ruction lie in a circle, it may be because, he tears to quit it, lest he be bocci! into all angle, out of -which he cannot escape. In this lie is wise, and way say with Horace, Ini3CS. Solve sencscentein mat ut e satins vqouly, tie Peccet ad extreinum videliditi et Ida ducat. Yet in a tone of authority be becomes his own ar biter, a n d directly Belies what his denial entitles.. me politely to affirm, lo my view of ottr Constitution, I have given au outline to which I ;Orr, and shall, for aught that at present appears, chide by it. Tice obvious mullet is this ;—after :he formation of civil so ciety by human convention, for tonal right and . the avoidance of wrong, a connected body ap peared, called tine people, disriuct from loose lovers, whose sense of just and unjust did not ex tend beyond selfish regards, and the strongest arm to gratify them ; whose sense of liberty rested in their will, and what they will'd was law. This compacted body entered originally into a social contract, and framed a Constitution, which pro closed, first, a Democracy, second, an Oligarchy, third, a Monarchy. In each of these it is easier to surmise, in general, a contract between the governots and governed, than to prove the ex istence of any in pat ticular ; unless, as Fontenelle says of the donation by Constantine, of Rome and Italy to Sylvester and 'his successors for ever, we refer to the deed, as recorded in the moon; but surmising a contract, as ably discussed by our hest writers, it is fair to say that a Constitution followed, first acted upon as republican in the petty stares of Greece, then as aristocratical iii parts of Fily, and then monarchical, as in Rome. All these failed in their end, kiwi! ip England o n :y they were amalgamated for the wel!are of the country, and the unceasing envy of surrounding nations. Here we see a Constitution as produced by the people, who before were headless. We now see King, Lords, and Commons, one to pro pose, the other improve, and the other to sanc tion. Consolidated, they ate supreme for legis lation but as laws, when made, could not exe cute themselves, a power necessarily devolved on the King to enforce them. In him we trace . true Su premacy, as the paramount head of Church and s taie , ( h e fountain of justice, honour, and mercy, civil, political, and ecclesiastical. To him is al legiance due, not to ParliaMent, which is the Sig. preme Court of the Constitution. This I have proved, or rather it proves itself. The State, of which the Church is a part, I have shewn has three powers, and I believe fully explained it. The first is certainly in the people, with whom it originated; the second is in the Constitution, as marked out by them ; and the third is the power of the law arising from that form of Government, as the effect of theConqiitution for the grim! of the go verned, and executed by the hand of Royal Power. The rules, meaning the spirit of the Constitution, are to Parliament, consisting of King, Lords, and Commons, what the law is to the Judges, who fits discere only promulgate them, but jus dare cannot make them. One is confined to the Con snit utiou,the other to the letter. This is not asser tion but a known fact, as it is that Parliament are the people's Trustees, and the Constitution or original contract the deed of trust, for a breach or vi-lation whereof they are answerable to those for whose benefit it was made. It is certainly not pleasant to reprove, and much less where the wantonness of reproof recoils on the reproved. To say that Parliament are not the Trustees of the People is to sport wiib truth, and calls forth a question—for whom arc they Trus tees ? Is it for themselves ? They would then be the people, and the people nothing. Both le gal and equitable, and all estates are in the pen ' le, and issue from them to Parliament, as King, Lords and Commons; not a third part, but the whole ; for out of the third germinate the other two. The comparisOn of Trustees in civil to Trustees in political affairs is flying from the Coq stitution in a tangent ; and he must be little ac quairited with the doctrine of trusts who says a cestuy qac.trust has no legal capacity. Is TENAX to he informed that trusts are executed in posses sion, which is joined to the use, and constitutes it legl estate It is only when trusts are execu tory or unexecuted, and require the - control of the King's Chancellor, that the estate of the cestuy que trust, meaniog the person for whose benefit the trust is raised, is only an equitable one ; but it is idle to assimilate this with the political trust premised, which, when executory and abused by non-execution, is contronlable by the resist 'slice of the people. This I consider to be sound svhiggisrn, and-a- rational picture of the English Constitution, as laid down by all the great men who planned and brought about our happy and peaceful Revolution in 1688, the Bill of Rights, and the Act of Settlement ; as well as by all our eminent writers thereof', but particularly on the trial of Doctor Sacheverell, and I shall conclude my mission upon it accordingly with the words of Lucretius, - Si tibi rera ridetnr, Dede mantis; si falsa est, accingere contra. PROPOSITI. N. B. As 1 hAve fully explftined myself on our Conssitwinn, . I will, send you my jwlginent on Suptemucy, in which I piesci ye A due regard for the rights of the people. POT: 1 111 E SIIIN'.. MR. 'EDITOrt—You have a very intelligent - and PA very extensive set of Correspondents Pray will you he kind imough to inquire ainnn,g them, whether the Mr. who is 'now so laud ablyeugaged in bullying the Coroner and con 110.11ding the .lury at Oldham, be the Person of that name who undertook ID assist in preparing and forwarding a Petition to the 'limit Secretary of S , at.e, in favour of the unfortunate Mr. St NT, now under sent.enee of death ?--And., if so, will you I►.ive the goodness to ask farther, what be .has done with the Twenty Pounds which the Mo. therof this poor man p►►id him in advance for his ass►stance, and which was the last Twenty Pounds she could command in the world ?-1-le has now got a far more profitable job, (that is supposing him, however, to be THa Mr. which l►e will perhaps take care, like every elever Ati or ney , not to end too soon. 14 the way, do you think you could convey a gentle hint to Mr. that it would not trdonnd much, to his discredit, now that he is on full , pay and. likely to eoUtinne so, if he would return the Twenty Pounds, which he pocketed just before he kft Londou, to Mrs. STRNT, who is old and infirm, and has .a -.husband laid up with a broken kg. Anil now I am in the mood of questioning, pray suffer me to ask, whether the Mr. --, who runs about the streets with a Petition in his pocket for a Radical Reform, be the same Mi. --- who unfortunately became a bankrup , some little time, ago ? Unfortunately for me mean ; for with respect to Mr. --- himself. I never beard of much harm that . it did him. If he be the Gentleman I speak of, I should be glad to inform him through the medium of your Paper that now be is grown rich and great, and a) - de to credit his friend Mr. COBBBTT to the amount of m.oy thoosand pounds, I should be glad, I say, to have him know that I never received but one paltry dividend of the little sum which he owed me ; and that I verily think be cannot begin. his Radical Reform better than by liquidating the rest of the debt—that he should even forbear to flattish paper for printing the execrable trash of the vagabond of Long bland. Cue question n►ore, and I have clone. Pray, Sir, is the impudent and bellowiug blockhead, whom the culpable lenity of the Loan MAYOR has suffered, from day to day, to calumniate every thin 4, that is great and good among us, from the ltust►ngs, is he, I ask, tl►e identical Mr) who was employed .hy PERKINS and bis friends to lay , out their 'money in Amerielt, and who was kicked out of every re spectable society there. for his rancorous and deep-rooted malignity to this country ? If this be the fellow I mean, he is a decided Republican ; arid whehever and wherever he talks of Reform, I am convinced that he means Revolution, and nothing else. This most worthless Demagogue, who has about as much brains as you might cram into a nutslitli, wrote a book on his return from Ame rica, in one part of which, while his b—k—e was probably yet sore with the discipline he had un dergone, be complains, with te►►rs in his eyes' that though the Americans might not like En glishmen in general, yet '' it was very hard,• and very ungrateful in them, to ill-use a person like himself, ►rho strove to gain their favour by preach ing up Republicanism, and abusing his own Go vernment wherever he went." I may perhaps trouble you again, for I am re■ ther inquisitive, but this must serve for the pre -1 am, Sir, yours, &c. T. L. FOR THE SUN.. MR. EDITOR—Never did I wish to be a Coroner until flow. The Gentleman exercising that func tion at Oldham either does not understand his rights and duties, or chases not to exercise them. " Rights and Duties," I say—because whatever right a Judge possesses in his Court, becomes his duty to enforce, when strangers intrude and in sult hint. I read the proceedings in Mr. FEaKAND • s Court, and 1 lay down the report in astonishment, to ask myself, Am I in England ?--Am I living under any legitimate Government ?-or, have Rebel lion and Revolution carried every thing their own way ? Sir, were I in Mr. FERRAND'S place, I would have turned th►it meddling Attorney, HARMER, OW of my Court the first moment he disturbed it. And, if he would not be turned-out in the regular manner, I would have ogled him in the quickest mode that occured—to my door.keeper's foot - . Oct. 7. FLINT. Mr.,Waoa, the Editor of the Manchester Ob surer, has, after a long search, been apprehend ed, and compelled to give bail On, numerous charges of libel, The Paris Papers of Tuesday last, which were due this morning, have not arrived, FUNERAL OF THE DUKE OF RICHMOND. Quebec Popers arrived this morning to the 7th of September. (From the Paper of the 6th September.) On 'Monday evening, the 30th of AugnSt, Major BOW . LES, Military Secretary to his Grace the Duke of IlictimoND, Governor-its-Chief, arrived at Montreal, bringing the melancholy intelligence of the Duke" decease, on the morning of Saturday, the 28th of August, at the New Military ,Settle ment of Richmond, after a short but severe illness; and that his Grace's remains, attended by Lieut.- Col. CoctusuaN and himself, bad arrived at La Chine. Arrangements were immediately made for the removal of his Grace's remains to the .Govern merit House at Montreal, were they arrived, es corted by the Captain's Guard of the 37th Regi ment, having been met some miles from town by the Officers of his Grace's personal and of th e General Staff. At day-break, on Tuesday morning the 31st, having lain in state privately during part of the day, and having been placed in a strong leaden coffin with an outer one of mahogany, and all necessary arrangements being comtleted for his removal to QUebec, the Corpse was conveyed from the Government House to the Malshani Steam-boat, passing through a considerable part of the City of Montreal, attended by the Of ficers of his Grace and Staff, and by the Clergy and principal inhabitants of Montreal, in processioh. A Guard of Grenadiers of the 37th Regiment was embarked with the Corpse, and several Officers attended his remains to Quebec. At ten o'clock, the 2d •September, his Grace's remains were removed from the steam boat, and placed upon a hearse upon the King'a Wharf at Quebec, from whence it was conveyed to the Chateau of St. Louis, attended by the Hon. Members •. of the Legislature and, Executive Council, the Chief Justice, the Bishop of Quebec,. and Clergy, and the whole of the Officers of the Staff, escorted by six field-pieces., a Guard. of Ho nour of the 66th Regiment, with the band of that corps playing a dead march ; the flags of the gar rison and of the shipping being hoisted half-mast, and minute guns being fired during the procession. His Grace's remains were placed in a lower room in the Chateau, where they lay in state until four o'clock on Saturday, the 4th Sept., when they were removed to the place of interment, in the Cathedral Church_ ai Qaebec in the ing, order : The whole of the Troops composing the Gar rison of Quebec, consisting of a large detach ment of Royal Artillery, with 15'field.pieccs, with lighted matches; the whole of the Rifle Battalion, '66 lb an►i 7Gth neginunts, comro.Fcd the funeral and firing party, and formed a live, extending from the door of the chateau, passing the French Church, through the Market-place, up Gardena street, to the great west entrance of the Carbehat. On the corpse being bi:pught out, tha collar and insignia of the Order of the Garter, with big Grace's military appointments, being placed on. the coffin, the whole of the troops presented arms. On its being placed on the hearse, the troops rested on their arms, reversed.—The Pro. cession then moved in the to!lowing order : Persons of the Public Military Departments under the rank of Deputy Assistants. Oliicers of the Stair and Departments, Militia, and unattached Officers, according to their respective ranks, the Juniors of ,each rank preceding. This part of the procession , was closed by the [leads of the several Departments and the Adjutant-General of Militia ) the whole waiting two and two. Then followed the Civil Procession, consisting of the Last and other Principal Officers of Crown Courts and Public Offices. The Honourable the Judge. The Honourable the Members of the Legislative and Extcutivt Councils. The Honourable Mr. Chief Justice. A Military Band, playing a Dead March. THE BODY, On a Hearse, drawn by Pour Horses, the Horses covered with Crape, attended by The Hon. Duckernay, Licht-Colonel Harvey, of the Fortes. Hun. H. Perceral, Lieut.-Colonel Cociiburn, Colonel Wilson, Commandant Hon. Jastice Penult, of the Harrison, , As Pall Bearers. Major Nl'Leotl, his Grace's Relative, Sir Charles Saxton, Lieutenant-Colonel Ready, Private Secretary,. Major Bowles, Military Secretary, • As Mourners. The Officers of the Private and Military Secretaries. Officers of his Grace's Honsehold, followed by His Grace's Led Florsos, Grooms and Set rants, and by _ A Company of the 7tti, /trgiment, with their arms reveried and pikes trailed, which closed the Procession. The drums of the different Corps, covered with crape rolled as the corpse pased. The Military Baud fit( d off at the door of the Cathedral Church. , . yard, and conducted it up to the center isle, where it was placed on a platform. The nouruers re ntaining near the body, a signal was given, when 15 pieces were fired. The Morning Chronicle this dip! says, " it is highly gratifying; to see the union which prevails among all ranks and classes of men in this Conn.. try on the subject of the Manchester Outrages:* We ha . ve no doubt that The Morning Chronicle will always he highly gratified with every thing i that may in any resp ec t •te-n,l to raise a pm ,e j u di ct i against Government. We, on the contrary, are highly gratified in seeing a union among the reailf respectable people of all '' ranks and classes''- throughout the Cu:fluty, to discountenance the infamous attempts of those who are every day laa bouring to prejudge the question, and to throw odium--on those who, we sincerely believe, were obliged, in self-defence, to resist time assaults of an infuriated Rabble, nho attacked them with birick-bats, stones, &c. and who would pro.. bably have proceeded to the most fatal ex.! cesses, if the Yeomanry Cavalry had tatnelf suffered their daring hostility. This union of ,loyal and impartial men, who are disposed t 0 wait till due inquiry shall be made, must there• fore, be highly gratifying to the People at large,- inasmuch as it tends to rescue the National Cha. ratter from the stain of unjust prejudicatioo. Now we are on the subject of the Manchester disasters, we must advert to the Coroner's Inquest at Oldham. We are of opinion that the Coronet ought to have turned our of his Court the Re' porter of The Morning Chronicle, as well , as of The Times, for it is evident that he does nat content' . himself with an accurate statement of proceedings, hilt presumes to in►roduce his on'a comments. We do not wonder that he should . transmit such comments, but we are really sta.' prized, Radical as The Chronicle as well as MI Times has become, that it should not endeavour to conceal the cloven-fool as long as it can, lest Oa chareeter . of the Paper should become as despicablo 'as that of The Times. In the Keport of The Morn" ing Chronicle yesteidoy ut this inquest, in speaking of what Mr. AsttwoaTn said, the Reporter say* bespoke angrily." What right had the Reporter thus Co describe Mr. Asti wonTn's feelings ? The Reporter says of the Coroner, " he expressed h' suspicions of the witness (James Wheriell) in what appeared to me, a very ungenerous manner' ASHWORTH echoed the Coroner's sentiment•' . Is. this Reporter to blend his own opinion with the proceedings of the Court ? it is intoler° able effrontery. The Reporter next observe.' referring to an aitercal ion between Messrs. I NI RV and A.SHWoRTH, that Mr. Asnwool . " attempted to give a legal defini , ion of the tert o. special." Is it to be supposed that the Report er is competent to decide upon the definitions gi"" by a respectable Barrister, to say nothing of 'Ws Znallrti Th e E . , si . s ti ,.. *Titer tallin, til e d c luffici to bri that to th ( Ince its cl► ble co aF tl, llnt 51 ill iVorw *ell 2 forth *itie Ituom it . thr fury titat fOrgc ret of its lion 1 indi g fior e ti,e vena l the ti The i t o bii rime ; % if n th an bt A tecla tratil Li g s ti- d j 1 PA Corn kit il liar g , Lind, Gene 'ernPlJ v ftii to tll itow Able, Pen t , tiler tven i 'Cori ! th e e them "lid ‘ thi s 1 1 4atie Ilili lt - Of t i fier Ine n , Lit te tiled Pear l Whe t to a t ►het dive *bad e Gray ks Ui kr o4ll I, ft( t "I“ Il r It t (I ~~~l{~~. ICIIt. LOYAL MErrixo AT DtYI)LEY. • . A,Ntectln of !he loh4hi:ants of Dudley has been held its th'e Town Hall; I 4 'ltANcts Dootittio, Esti . 11'1 avor, in ike 'chair. The regniSition for railing the Nleeting was signed by nearly three hundred petseosss; when-the following -loyal-Ad dress wa - s agree'd to unanimously To his Royal Highness George, Prince of Wale's, Regent, of the United Kingthim of Great Britain anti Ireland. - We, the principal Inhabitants 'of the town and neighbour hood of Dudley, treg leave, at this mornentons crisis, respect filth' to approach your Royal Highness, with the most un 'qoalified sentiments of veneration for the Laws and Institu tions of our Vonotry, and of loyalty and attachment to your Royal Highness's Person and Government. Sensible of the aby blessings %Inch we 'enjoy Under our ekcelleht Constitu tion, We cannot but behold with indignation and abhorrence, the daring attempts of designing and turbulent men, who, under the pretext of Parliamentary Reform, are endeavour ing to stthVert this glorious fahrid, and, in its stead, to in trodnee a Wild and visionary system, nnsnited to the genius and habits of the people, and destructive of all social order and delegated authority. We hart; seen with feelings of horror the dissemination of seditious and blasphemous publications, designed to extir pate every religious and moral principle; that these whole some restraints being rewaved, the minds of his Majesty's subjects may be more easily led to the perpetration of crime, and prepared for revolotion and anarchy, with thoir unavoid able coosetioenres, rapine, devastation, and bloodshed. Con vinced that it is on imperious duty to crush inch unconstitu tional and pernicious attempts, we pledge ourselves, collec tively and individually, to use our inmost exertions, under the direction of the Niagistrates, to discover and bring to jus tice the authors, instigators, anti promoters of them, an d to afford a prompt and vigorous support to the Executive Go vernment. THEATRICAL REGISTER. Performed Last Night. TrtrATAr. ROYAL, flu LANE.—Goy Mannering: Henry liertratn, Mr. Braliarn ; Lucy . licrtrarn, Miss Carew; Meg Merri:ies, Airs. Egerton. After which, The Prisoner at Large. TIJEATRR ROYAL, COVENT-CMWEN.—The Stewlrd: Princi pal Character; by ikir. Macready. Mr. J9tirm, Mr. W. Fil rel), Mus Davison, and Mrs. Gibbs, fitter The Gnunie-King. *** Fur the LITERARY P.EvIEw, see the First Page. -~-- PRICE OF STOCKS rHis PA V AT rWhI,VE ek'ci,ex„ S per Cent. Cons "fli 691 i India 110nd5,.....185, 15q. pr. s oer Ct. Navy Ann. 1(4,43i Exch. Bilk, 'id. ... 34. Iv. ,fil. Imp. 3 per Cent. Ann.... Oili Cons. for Account, 704 69170 MAIL. ARRIVED... 4 Dublin, 1 Watf•rt.id, I Guernsey and Jersey, I 11a00.,,,g1,. DuE—l Holland, I tiottenburgli, 1 Flanders. 1-11Cti WATER AT LONDON BRUNIE TO.MORROW. minutes aavr G. I Evetling, 27 minuses alivr 6. TI I E SUN. soi,Em Q tTis oicEnt FALSUM AUDEAT ? LONDON, FRIDAY, OCTOBER 8, ISI9.