The Sun. — London, England, 1820-05-12 00:00:00

POW6Rs of 1 HE CROWN. ro JOHN llt LL, ESQ. oNrST JOHN--You bare commenced a Par ikonenTary Session, in which yoo and 1, two plan toneat fellows, sta.,d a chance of being a p , ..z2leti n 0 , ,, and then by all the ingenuity 'of Ail •the Talents; unless we etrleavour to extti- nor,dves frotm the net of sophistry, by a accurate investigation of the principles which fn s be:(l,-lit out tvio. a high hand, as the trump 'cards of kr.o4V ludge. What with finessing Kings, bragging itlleens, end 'iolding op Knaves, some folks in.ty expect to get the odd trick ; but you and 1, .IM-INNY,Ist jrari throngi, their trumps, force !heir honours, end repiqoe •lietn before they c 41% coont oNE ! In rlAin tenni, tre mils! ex,irnine their Hymned wilt- ; trherefore, dropping from time to time, our current correspondence on your RIGHTS And PRIVILEGES, 'se shall look into tut ers, en pas- sane, and, it we can't get «•ist r, most endeavour to he a li;rle merrier, which will pet !t ips answer our purpose just as well Now, JOHNNY, you know that Ministers, Or Government, tyive but three modes for governing• the nation—by Reason, Pre• ana Force—of course, those veho oppose Alit-nn can only do vo by one Of these modes. nen, as to the firlt, if Opposition had any chance upon that score, their exertions would be needless ; for the good people of England would themselves have toosed out Minister's long ago, instead of permitting the nation to he governed upon one set of principles, and nearly by the same men for upwards of (bitty years. As to the last of the three modes, rear ion in that line might lead to a w orse lie ; and Opoositioo might be finally sus pewted in their Inncti.ms, and tied op from fur ther exertions after their last kirk at Ministers— bot that is a k,ottv point, although a little in the Oidinary way—we shall, therefore, come to the sztitid:e mode, AI hiCh by a little juggling, can be sn.de to answer some purpose. For insranre, utiOre is neeessAry to chuse a pih- et—, he notice nf a motion, anti then to mAke a cprech, nhich, though ne , :ativeti within tlonr%, iv suite to Intike some impression ‘vithout ; since the generality of newspaper readers afrer wed. int; through three columns of an-opening speech, ttili scarcely take the trouble of readinz the an• saver, but content themselves with turning to the divi,inn, and then charge the whole of the Majo rity as time-servers, because they were not per so:4ded by bearing that speech which - those wise politicians have alone condescended to read. Rot the par iculir point to which I would now call your attention is on the principle of some int rot as regards the power of the Crown and the Rights of the People ; because it 114 s lately been arcned as if the prerogatives of the Crown absolutely originated in Parhantent, or rather in the [louse of Commons, a supposition in direct opposition to historical fact, because we know that the Crown possessed the now contested pre rogatives long b e fore there was a House of Com mons in exivence, and. of course, anterior to any 'hitt_ like a Parliament as now constituted. In fact, JOHNNY, 0,,r Parliament consists now of Three Es tatvs, the Et own, Nets, and the Representatives of the Commons of Britain; -each with their le spectiee powers and preroga:ives ; but to judge from some reasooing that h:s cone forth, it sterns, at first 5i , ,2111, as it some folks wished to take away the powers of th, Crown and give them to Parli ruPnt, an" then to give the power of the A 1101 e Pailiame , it to the floose of Commons, us WAS done in the days of OLIVER CRObIWELL and the long Parliament, when the ElOuse of L ds was voted useless, and the power of the Crown was seized by a gang of hypocritical De tnaL 0 , nes. Far he it front me to accuse any individual of really holding such an intention at preiient, but if principles are advanced, or objections urged that aught lead to tinch inferences, we may canvas the principle without inculpating the individual. Le' us. however, come to another point ; when on the que,tion of the power of the Crown in re gard to Gibraltar, the CHANCELLOR of the Ex- CiletitlEtt is stated to have said, ,and I copy from the' Times, " With respect to the right of the Crean to a revenue raised in Gibraltar, he appre- Iten.l , d that oti a clear principle of the Law of Nations, the rights which were before vested in the Crown of Spain, were, by conquest, trans ferred to the Sovereign of Great Britain."—To which a Learned Civilian is stated to have replied, that " the rights_of the inhabitants had not been treated with that regard and respect which, in justice, should have been extended to them"— " that he could oot agree in the Chancellor's in terpretation of the Law of Nations"—'' that he could not conceive any priuciple of the Law of Nations which- bore out the assertion that the poser vested in an absolute Prince became, in case .of conquest, equally vested in a King whose , power tint absolut e." —"'l'lle Law of Nations only related to the regulation of certain connexions bettveen different Nations, and could not decide what power should be. exercised by a State over any . territory it conquered." Such is the recorded tact—we leave it as matter of history, and presimie not to meddle farther with the privilege of Karliament, but although these new principles, or rather this denial of old (met:, 'looks vet y plausible, yet if they are not con fumed by daily practice, then the whole of the reasoilint4, of which they form the basis, must fall to rite grotto:!- Let us proceed, however, to see bow far the Chancellor is borne out by ab solute uskting political theory and practice. In the first place, then, I will maintain that the Law if Nalions dues extend - io the power which Ottot,t tat th s ,xeretse ovtr a continered terri tory.. All Capitulations -are dependent upon the La'ar of Nations solely. All Capitulations ate made in the name of the -King solely• It is not in 'he power of the Ki ng , muc h l ess of the Par liament, to break or alter any article of a Capi tulation, ratified by the capturing Officer, without the consent of the captured. The point is there fore proved ; and for the proof I ieter , to the Island of Trinidad being governed by the Spanish Law, by the express stipulation of the Capitula• mo n On its surrender, and the decisions of the King in Council being regulated by reference to that Law. Moreover, that the practice is, and has Hlways been, Fehr the Crown, or the Officers of the Crown, to levy ditties, and to impose taxes npon competed Colooits, without the Consent or knowledge of Parliament, cannot now be denied; and though it may be considered as at) unsettled point, whether Compered Colonies shall be regutated by the King in Council, or the King in Parliament ; yet that point has always been con• generally as- settled, the conquered them selves always carrying their complaints or remon strances to the King in Council, though (brie may indeed be some instances of a final appeal to Parliament: hut not to the" King in Parliament," for that in this particular point of view means no tbing.—The "King in Council,'' we may say with prrpriety ; because the King and the Council are two distinct things ; but the King is it part cf the Parliament, (King, Lords, and Commons, in Par liament assembled), and cannot be appealed to In Parliament, yet distinct front it, although lie may be addressed as Sovere*Ln in reference to the acts of the aggregate body, s.bich are acts of Patlia mew, not acts or the King in Patliament, like acts of the King in Cooncil. Further, m y old friend, I will just she u- that a King not absolute at borne, may hold absolute power in a comittered territory. For this I need only refer to the re peated tact of the Laws of the conquered territory bring preserved by Capitulation, tint) it thost• Law's ate absolute, then the King of England is su far absolute. The facts in regard to India are quite in point,* and you have not forgo , _ the clamour raised'against h e gallant PlCTotsf, Inc s-+nctinni►►g an act which British Law did not justify, but which he was bound to sanction on the application of the Catil da, or High Court of Jusiice, the Spanish Law expressly ordering him to s.inctiou it, when tl►us applied for. I must also remind you of the ill ind::ed attempt at Marginique, of Jean Kiwi. in 1800, to oig4nize an insurrection for the express pin pose of pug ttng down the French Law, gonran teed by Capitulation, and subslittiting the English Law it► its stead. That the fact was so I know ; fnr I conversed with Kina, at Ike head of his in s►trgents, on the mot ping of the rebellion break ing out, and repeatedly afterwards, when be was a of iioner "I hese facts then I hope, JOHNNY, set aside all al►stract principles, and fully support the Chan cellor's Position.—Sol wish you a good night. Your 01 - d friend, IGNOTUS. * It is true that the 'lndian Laws were changed for British Jurisprudence, in part; but then it was by an understood assert, and the change was hailed by the oatives with heart. felt satisfaction; one reason for which was, that they were thereby enabled more fully to gratify their litigious spirit. THEATRICA. IEGISTEIL Perform., ii Last 147Arht. THEATRE ROYAL, DRuRV-I...UNE.—King Lear: King Lear, Mr. Kean : Edgar, Mr. Rae; Guncril, Mrs. Glov er ; Rcgan, Mrs. Egerton; Cordelia, Mrs. W. Nest. After which, The Poor Soldier. THEATRE ROYAL, CoVENT-GARDEN.—Henri Qoatre : Henri, • Mr. Macready; Eugene, Mr. C. Keinble ; O'Donnel. Mr.. ; John Joinkshine ; Florence Saint Leon, Miss Stephens ' Clotilde de Biron, Miss Brunton; Lonison, Mi ss M. T ree . After which, Midas. * 4 ' The Proceedings i:i the House of Commons Last Night will he found in Our Fourth Page.—For Literary Review, see the First Page. PRICE OF !crocks TH.A AT ONE Ct.(ICK• Bank Stock 0 17 Bank Long . Ann..... 18 i _ iGt h 3 per Cent Red. 69h. 69 imp. 3 per Cent. Ann... 6714 (. ens • Cons. 'Pi India Bands •• • . 215.224. pr. 3f per Cent. ”i Exch. Bills, 2d. 3s .ss. as. pr. 4 per Cents 864 87 Ditto Commercial Is dis. 5 per Ct. Navy Ann. 106 104i4 Cons. for Account,. 7fl 69i 70 MAILS. ARRIVED-1 Dublin, I Waterford, t Guernsey and Jersey, 1 Holland, I Lisbon, I Franca, I llainburgh. Dui —i Waterford. HICH WATER AT LONDON BRIDGE TOMORROW. Morning, 45 minutes after 2. I Evening, 5 minutes attar 3. THE SUN. SOLEM QUIS DItERE FALSUM A.trDEAT? LONDON , FRIILIY, 111.1 Y 12, 1820. We received this morning the Paris Papers of Tuesday last. In the Chamber of Deputies on Monday, after receiving a report from the Com mittee of Petitions, and verifying the recent re turns of Deputies, the discussion was resumed on the Projet respecting the Customs, which was again adjourned till Tuesday.—The following are extracts :-- " PARIS, MAY 9.—The King transacted busi ness yesterday afternoon with the Brun Pas quier and the Duke de Richelieu. " A detachment of 100 men, consisting half of National Guards, and the other halt of troops of the Line, mount guard in liononr of the Duke d'An gouleme at the Archbishop's Palace, Lyons. The Dike was to leave Lyons yesterday, to proceed to Grenoble, and to return to Lyons, to set out the 12th for Bourg, and to proceed to Strasburg by the way of Loris le Saulnier, Besancon, and Col- 1131'• " The Journal de Metz of the 51h instant, in contradiction to sonic reports that ;Jaye 4ctrl cir- culated, states, that the public tranquillity at Lyons has not been for a moment disturbed. Yesterday afternoon, at four o'clock, Giavier was again conveyed' to the Plefectore of Police ; he bp.already undergone several interrogatories. It is b*lieved b will sown be trawsferred to La Force. lie has . rielinowiedged that be placed the Petard which recently explOded near the same spot. PIITE PER CP.NTS. Monday DP.VRIIEP.D STOCK. Of the 22d March, 1820 f 90 c. _" MADRID, APRIL 27.—One (if our Journals relates the followi,ig anecdote, of which it says, it can attest the authenticity : " Within these few days, the Duke de Laval, being at the Secretary of State's Office, the King sent for him, The Duke, "though in an undress, proceeded to atte n d his Majesty, who said to him, If any one in France doubts the sincerity of my accession to the Constitutional Regime, and pretends that the oath which I hare taken has been extorted from me by violence, I reri ,, st you to contradict such an acsertiun, and to write to your Court and your friends that my oath was spontaneous.'" (Extract of a Letter from Washington, dated Aprii ID) " Relative to the passing of • the New Tariff Bill, 1 a nt now enabled to say that I have found a change of opinions. In the early part of the session I thought them generally unfavourable. I have lately peteeived a'turn in many minds, and i t i s slow bdi r e e d tw i t the Bill will pass without much opposition, as it appears to have been at nintzeil by Committee in strict accordance with the views of tae Treasury." We have often recommended the resumption of a PROPERTY TAX, as one of the very best expedi ents, under due liMitations, for lightening the burthens of the Public. Such an impost would fall chiefly on the opulent classes, by whom it would hardly be felt, if felt at all. The state of the country requires that the more wealthy part of the community should contribute cheerfully to the utmost of their power to mitigate the distresses of the lower classes. We are therefore glad to find that Mr. MABERLEY, who has no occasion to court popularity on the one hand, or Ministerial fa- Your on the other, came forwarelast night and recommended the_ Pdoption of a Property Tax, that should not affect, what must naturally be casual, trade, and the income arising from professions.— We are still more glad to find that ti?ECHANCELLOR of the EXCHEQUER, in answering the Hon. Gentl eman, intimated no opposition to such a measure, and though properly delivering himself with re- I serve, yet, in reference to the Tax it) rpttstittn, ae cottntitig.'.or that reserve, as grounded upon duty to the House ',nil the Uontory, to avoid a prema ture development of ti)r fin,ttehl arrangem e nt s i n preparation. We were very s.rly to see the following para graph in a Morning l'Aper of yesterday, which h t ri ler ro been considered as what is styled a Ministerial I'Aper " The seneral participation of all classes of his Majesty's Catholic Sunjects throiiiiouto Great Britain in the senti ments coritaiaed ,in this highly proper, dignified, and loyal Address, cannot fail, we are sure, of making the deepest im pression on every Englishman who peruses it, and will in sure, we have no doubt, on the part of the Sovereign, that immediate attention which a Body, so eminently respectable as that of the Britisi Cathoiics, has so long merited." The preceding observations, we hardly need say, apply to the Petition from THE BRITISH ROMAN CATHOLICS, Which was prevented to HIS MA JESTY at the Levee ou IVednesday, and appeared in our Paper of yesterday. We regret that such observations should appear in such a place, as they tend to spew that the report of diskions among those who may be called upon to decide upOn the Claims of POPERY is not without foun dation. On the other hand, it may indeed he in ferred, that by manifesting such sentiments, the Paper in question does not possess the counte nance imputed to it. It is evident, by the following paragraph which appeared in The Dublin Evening Post of Tuesday, a Paper zealous in favour of Roman Catholic Claims, that POPERY is quite on the alert, and by the mariner in which the last word is printed, that it is confident of success : " CATHOLIC EMANCIPATION.--A report was in general circulation yesterday, and got into some of the Evening Papers, that a Letter had been received in town from Lord CASTLEREAGH to Mr. GRATTAN, and another from Lord FIN GAL', to Dr. TROY, bearing that Ministers intend to- make Emancipation a Cabinet Measure. On inquiry, we were not able to trace the report to any respectable source. We look upon it, therefore, at least as premature." It is strongly reported in the Political Circles, that a certain Leidet of the Oppo.itiou ranks has signified his intention to join the Ministerial Bands, and that for tear rat suffering in reptitatioo ny too suditet, a tetreat trouts his Parry, be is gra dually ',veva:ink; to work his way round, Tire intended desertion is of course imputed to in . terested motives, but as the person in questi °ll once suffered so much at a public Alreting by th e insolence of a radical mob in London, a ' lO . l not, it seems, approve of those whom he deem' Rudice Representatives, and why might beco.lle powerful competitors on the same side. Tl' e Gentleman, indeed, bas-hitherto found Opposition but a barren field, and thinks he sees a prospect of elevation to professional offices which do nor appear to be filled i n a manner adequate to tb e expectation which, on powerful recommet.dationv , had produced the appointinews. COUNT BERGAM I.—This person, who is gene' rally reported to have aced a great parr in di g Dranta which has long been tierfoiming abroad/ but the (Mnottement of which seenas to be rapidli approachine, is positively said to have once bea in the siination t,f V a let to Captain BRACE, of the lloyalNavy. In confirotation of this fact, it is said, that when sortie Officers of the British Na v y were invited by a great Lady nfpw abroad to a Dinner, they declined attending, beca ,, se they had Bewail,' seen the person in goestio , acting in that humble capacity, and understood that, he was to be one of the company. A Flanders Al ,i 1 arrived last nirrht with Papers from Brussels to the 8 h inst. The sentence 0 1 death pronounced on Sandt, tl , e murderer of Kul zsscro, has been confirmed by the Governmeng of Baden. It appears that preparations have beers making for the reception of some member o f the Royal Family at Brussels, and hence arose the erroneous report of the art ival of lrer Royal fligh'i ness the Duchess of KENT.—The following are extracts : FRANKFORT, MAY I.—The sentence of death passed upolt Sandi, by the Tribunal at Manheirn, has been confirmed bf the Government of Baden. The Plenipotentiaries o f the German Courts at Vienna held their twenty-fourth Cala ( ' euce on the 24th of April. It is singu•iar that there ate still people who continue to affirm, that the Congress bet broken up. BRUSSELS, MAY G.—Accounts from Ostend, dated the sth, say—" The suite of her Royal Highness the Duchess of Kent, as well as her equipage, composed of a great number of horses and carriages, arrirrd in this town yesterday, to be embarked on board of the Christiana transport, which 12 0 come from England on purpose." MAY s.—Later accounts relative to the passage of severs English equipages through this city assure us, that they arer in fact, those of the Duchess of Kent, but that they only prv" cede her Royal Highness, who will arrive in a few days.. MAY B.—M. Moetiar, Clergyman of St. Denis, near CortsaYs and M. Cousin, Clergyman of Hoogstades, near.Tornes, arc expected shortly in this city, to%be tried for the offence which has caused them to be arrested. They are accused, it is said, of having preached against the oath which is required by the laws of the States. VIENNA, APRIL 27.—1 t seems that the Plenipotentiaries the Giantan States are no longer stopped in their deliberw" tions by the discussions in the Committees; for on the 25th and 28th 'the!• had their twenty-fifth and twenty-sixth Con'. ferences. Thi , rapid succession seems to.. indicate that thei are approhchina, to the Luc itNE, APRIL 94.-I'he two SwISS Regiments ire 0 0 service of Spain, which are in the Island of Majorca, hav 6 acquainted the Confederation, that by the order of the they h,,ve taken the oath to the Constitution of 181 e. are informed, however, that no foreign troops will be retait 3 ' IA i❑ the service of Spain. It is said that the unstice-ssfill Candidate for Coventry is now enktyiiie otium cum dignitote, ag the rural retir , trie,tit in Si. George's Fields. cow' manly styled The College. The Coventry Paper says_'' T.. evince to the Ap o ,r it : e Cobbett, and his deluded adherents, that female patrio ism is not extinct in t h e Ci , yof Co' v e ntry, the Ladies of Spon-street, within the har few days, presented to the Freemen rit that Warct a fine fat sheep, as a testimony of their approbao tion of their manly conduct in resisting, during the late Election, the implident pretensions of the slanderous Deruagogiie, who dared to insult thif ancient and loyal city with his despicable pre? sence." We are happy to learn, that the Ditches. et Yoiitc. was yesterday mod) improved in health. Yesterday Viscount CA , TLEREAGH Was tso much recovered from his indisposition, that he left house, attended the KING, awl had a long au; dience of his Majesty. The Earl of CHATHAM l)$ also an audience yesterday, Prince LEOPOLD paid his respects to the Kola. yesterdny. The Duke of YORK visited the Princess Soptill' yesterday, at Cambridge /louse. Yesterday the Duchess of GLOUCESTER leg town for Frog - more, on a visit to the Prince . AUGUSTA. - We have already observed, that the crowd o f Nobility and Gentry at the KING's Levee 011 ' Wednesday, was altogether unprecedented an Of occasion of a similar description—such was IV general anxiety to pay due respect and homdg c to his most gracious and excellent MAJusl"" GRORGE IV. The exact number of Nobletne'' and Gentlemen present on the occasion, we or ° informed, was 1745. The following presentation at the Levee Wa s yesterday omitttd : Sir Robert limeys, High Sheriff for Monmouthshire. on t he si.iiting the Addr e ss it th a t C oun ty, accompan i e d by . t o of Worcester, Lord G. So m e r s e t, an d Sir Ciao' Morgan. Ills MAJESTY, at the Levee-on Wednesday , 1 " - quired of Dr. BAI (ID the health of Earl ST. V l5 ; cF,N T , acid ex p resse d t h e most li ve l y sat isfric l " ) at learning that the gatlaut Ad In ral was we! l : e , Mr. YOUNG, after a successf u l th ea trical 1 -0 R o t has returned to the. Metropolis. If au Actor tar such distinguished talents, a n d s o hi g h in poll og , avour, is suffered t o rema i n unem ployed, _Jo "I be thought of the jethtmcnt of our ark' it , ilurs, and their regard to public oPi , ii" l ' cor ps Miss 13.,,rn is going to loin the • heal her o detachrd from Corent-G3rden to Dublin , ' • o il the campaign is to be opened snorter ilot! *II Au tut ttip r 4a d 41411 A l4l L tve 1' 4;11 ib