The Sun. — London, England, 1825-11-28 00:00:00

FOR THE SUN. MR. EDITOR—A paragraph having appeared - in most of the respectable Journals, purporting that a Mr. -GREEN, Professor of Anatomy to the Royal Academy, had, on his very first admission, and in his auguration discourse to -the Society, speaking of ideal Beauty, stated, that " the Pro -44 fessor opposed to this mistake of considering individuality 44 alone as beauty, the contrary one of foemtag an abstract idea -" of beauty, without any reference to nature, the vapid insipi.:" 4 , dity which necessarily results from this practice is expe " rienced in the prints from Cipriani."—Now, Sir, this Mr. Green, or Mr. Brown, or whatever his name may be, who has -been permitted tosircceed such men as Hunter, Sheldon, and Carlisle, should not follow the example of his illustrious pre. f .-alecessors is-not a. matter of surprise, but, •as it seems that in stead, of lecturing on the exterior appearances of the bones and muscles, for which he is solely retained by the Royal Aca , demy, he should unblushingly and uncalled for, sport his opi - !lions on matters of taste, is rather too much ; and before whom ?—not a set of - common men, but all of them Professors of the Fine Arts, and most assuredly not according with their Feelings. Doubtless some were surprised, but more, perhaps, displeased, that their new lecturer,-at his very first entre to the ,Society, should attempt to snatch the well-earned laurel from the tomb of one of its most distinguishid members, if the opinion -of every man of true taste, and the unanimous encomiums of his brother . artists, go for anything, shewed somewhat more of hardihood than modesty. Let us hear what the late Fuseli says on this subject, a man that will not he accused of syco phancy either So the living or the dead. In his Life of Ci •-• priani be says—" The fertility of his invention, the graces of his composition, and the seductive elegance of his forms, •-•‘• were only surpassed by the probity of his character," &c. &c. paying a compliment to his private worth. This is the recent . opinion of a great artist and an elegant scholar, and it will he all Owed on all hands that no one was better qualified to appre ciate the abilities of his deceased contemporary. • Again, in a -Life of Cipriani, by the late Professor of Perspective to the Royal Academy, he states, that " in the knowledge of the hu -4 man figure he was pre-eminent, and his .example was of -" great use in correcting the taste of the students," he. • &c. Such are • the ideas of distinguished individuals. Now for the opinion of the whole Society. The late President and unanimously voted a Silver Vase, designed by one of ' , their body, the late Sir Wm-Ill:anima, to Cipriani, bearing the following inscription :—" This Cup is presented to J. B. " Cipriani, by the President and. council, of the Royal Aca - "demy, as an acknowledgment forthe assistance the Academy " has received from his great abilities in his profeSsion."—A more flattering testimony could not be offered toan individual ; in order to shew, the respect.. that the Society to which he .be. longed entertained of his Professional excellence, especially when it is considered by•whom this token - of respect was given, viz. by a Reynolds, a Dance, a- Barry, a West, &c. men whose memory has been fondly cherished and looked up to with ad miration and respect by every - lover of the Fine Arts. To save suds names from such a critic, and to prevent, if pos sible, this Hero of the Scalpel from running-a-muck' among so touch departed merit, and to confine him to his proper sphere, • the Dissecting. Room, is the purpose of this address; doubtless, in his wrath, poor Fuseli (still festering in his shroud) will not escape, for daring to promulgate and to record an opinion so - - totally opposite to the tasteful ideas of the learned Ecorcheur. Pall Nov. 25. VINDEX. . THE LATE MR. BELZONI. • A Meeting was• held on Saturday, at Leicester -, square, of the friends and subscribers for the relief of Mrs. — BELzoNr, to take into consideration the most adviseable plan for the arrangement of her and her late husband's affairs, and to see how far they were connected with each other, and as to the expediency of satisfying the creditors of therespective partils, and farther for the more effectual mode of raising a fund for 'the future support of the widow of the late enterprising BEL. . zoNT, at half-past two o'clock.—Major DENftax was called to the Chair. • Mr. HawicE, acting as Secretary, having read the requisition . and briefly stated the objects of the Meeting. Mr. Ton itiExo begged leave to make an observation on a paragraph which appeared in the Times Newspaper some time ago, which stated that, " Mr. Belzoni, through whose instru mentality the sarcophagus was brought to this Country. It was rather strange he should have no interest in it." Now such an - observation as calculated to defeat the objects of the Meeting, as the public would not be inclined to - contribute if such was their impression. Ile also said he tt.tukerstood there were 3,000/. offered - for it by the British Museum, and he was of opinion that inquiry should be. made by what title' the present proprietor, Mr., Salt, held it. Mr. STERLING- fully concurred. with Mr. Torrictio that an investitation of the matter Ought to be inatituted: . Mr. BRIGGS (of the house of Briggs,'Brotkr, and Co.) said he could, he thought, satisfy the meeting on - tharsubject. The present preprietor of the sarcophagus, Mr. - Salt,liad advanced a sum of 2,0001. to IVIr. Belzoni, and it was stipulated by written articles then entered into, that should the Sareopliagus produce any thing over the 2,000/. adiaheed by Mr. Salt - , - It was then to be divided between Mr. Belzoni and Mr. Salt. lionever heard that the British Museum offered 3,0001., but he - `certainly did hear there was 2,500/. offered ; 'but it , iraa after Mi. Belzoni had left the country,' and Mr. Salt was on the continent, and there being no agent here to act, the opportunity was lost, it being locked up at a banker's ; and even bad it been sold for _ _ . the ti . ,5001. Mr. Belzoni would be only entitled to 2301. Mr. STERLING inquired whether the present subscriptions were to be applied to the liquidation of the debts of Mrs. Bel zoni, or was the money to be appropriated for her sole use.— He said from what appeared, there were many ladies of dis. tinction who took the liveliest interest in the affairs of Mrs. Belzoni, and he was proud to be able to mention the names of the Duchess of Hamilton and Duchess of Leeds among the first. lie at the same time could not help regretting that the present season was not propitious to the interests of Mrs. Belzoni, as - many f.adies, distinguished for their humanity and benevo. lence, were out of town, but he had no doubt on their arrival *they would cheerfully come forward for the relief of such alne ritorioui individual as Mrs. Belzoni, who devoted so much of her time to assuage the grief of the aged mother of her lamented husband; and he submitted the necessity of . paSsing a resolu tioo declaratory of the expediency of the Ladies forming them. selves into a Committee for the furtherance of the objects of this meeting; which was accordingly passed. Ile begged leave .further to state, that the Freemasons intended proposin g a su b. scription, at their next meeting, Mr. Belzoni being a member of the body. Which statement was confirmed by the Chairman, who had had a conversation with Sir James Graham to that eftbct. Mr. To HAIEN° then submitted to the meeting the propriety of arranging the affairs of Mr. and Mrs. Belzoni jointly, by the ' Committee taking into their possession the antiquities, and having them dispos e d of. Th e res id ue , s h ou ld t h ere be any after the creditors of Mr. Belzoni were satisfied, to be applied 'in aid of-the fund created for the future support of Mrs. Bel _zoni. 'He conceived the antiquities of considerable value, and fully adequate, to discharge all the demands of Mr. Belzoni's creditors, and he thought they would leave a surplus for the benefit of his widow. Mr. BLADES objected to this, and was of opinion that the iuhscription raised for Mrs. Belzoni ought not to be applied to any other purpose than that for which it was intended ; and as he conceived the antiquities to belong to Mr. Belzoni's credi tors, they ought to be left solely under their controul. Gentleman inquired, could there be any idea formed of the value of those antiquities ? Mr. BRIGGS replied, it is quite impossible, as the value of them was so much governed by fancy; which was proved upon a recent occasion, when a Mr. Hope gave 3001. for one figure, and a broker the other day valued a similar one at only 121., • Another Gentleman said he trusted that all Hope: were not gone.--(A laugh.) Mr. HAWKE thought that Mrs. Belzoni's debts ought to be paid, a list of which he read, and which amounted to upwards of 600/. The CHAIRMAN inquired the amount of Mr. Belzoni's debts ? Mr. BRIGGS said about 1,5001. He was by far the largest' creditor, as there was a balance of 5901. 9s. 7d. due to him ; and what left such a large balance was for money recently ad vanced to Mrs. Belzoni for the redemption of the antiquities from legal distress. He begged the meeting not at all to be in. fiuenced by his presence *rim claim, but to do that which was worthy of the committee and the meeting, and that which was for the interest of Mrs. Belzoni. [This Gentleman was so overpowered by his feelings in speaking of his late friend Mr. Belzoni, that it was with the utmost difficulty he could con .dude his observations.] A resolution was then passed to the effect of having the cre ditors of Mrs. Belzoni first settled with, and a subscription set on foot to create .s. fund to purchase an annuity for her. Mr. BRIGGS then read a letter from Mr. Banks, M.P., in closing a subscription of 201., and expressing his intention of Tiring his strenuous co-operation to the effectuation of the ob . pets ofthe Meeting. A resolution was then passed, announcing the intention of the Committed() call a public meting in February, in further since of the objects of the present one.—The Meeting then Woke in. THE ARMY. 'LFrom SATURDAY'S GAZE T TE• 1 War-Office, Nov. 25, 1825. Ist or Grenadier Regiment of Foot Guards—Brevet Colonel Alexander Lord Saltoututo be Major, by purchase, vice Jones who retires; Lieutenant and Captain Philip Clarke to be Cap tain and Lieutenant-Colonel, by purcliase, vice Lord Saltoun ; Ensign and Lieutenant George Johnstone to be Lieutemuit and Captain, by purchase, vice Clarke ; Ensign John Wm. Jodrell, from the 62d Foot, to be Ensign and Lieutenant, by purchase, vice Johnstone; Captain Erancis Venables Vernon, to be Ad jutant, vice Clarke, promoted. 6th Regiment of Foot—To be Lieutenants— Lieut Charles Davers Allen, from half-pay 96th Foot, vice Peter Donald Hohne, who exchanges; Lieutenant Wm. Dunne, from halt pay 25th Foot, vice Wm. Scott, who exchanges. 15th Ditto—Lieutenant Henry Clinton,„ from_half-pay 17th Foot, to be Lieutenant, vice Frederick Dundas Ratiford,.who exchanges. 19th Ditto—Wm. Barnard Gent. to be Ensign; without pur chase, vice Robinson, promoted. - 21st Ditto—Captain Colin Cari Well to tie - '3sajor, 'by pur chase, vice Thomas, promoted ; Lieutenant John 4 Crofton Ped die, to be Captain, by purchase, vice Campbell ; Second Lieu. tenant John Goodday Beet, to be First Lieutenant, by piir chase, vice Peddie ; Gentleman Cadet Arthur Webber, from the Royal Military College, to be Second Lieutenant, by pur chase, vice Beet. 22t Ditto—David Rea Smith, Gent. to be Ensign, by pur chase, vice Gotigh, .promoted. 23d Ditto—Captain Wm. Fenwick, from the half-pay, to be. Captain, vice Wm. Rentoul, who exchanges, receiving the difference. 24th Ditto—Hon. Charles Preston, to be Ensign, by purchase, vice Robinson, promoted. 30th Ditto, Wright,. Gent. to be Ensign, vice Battler, deceased. 311 Ditto—Lieut. Alexander Robertson, • from the Ceylon Regiment, to be. Lieutenant, vice Whannell, promoted. 42d Ditto—Ensign Charles Kerr Macdonald to be Lieute nant, by purchase, vice Hogan!), promoted; Archibald Camp bell, Gent. to be. Ensign; by purchase, vice Macdonald. 46th Ditto—Ensign Peter Legh, from half-pay 61st Foot, to be Ensign, vice Francis Wykeham Martin, who exchanges. • 53d Ditto—Ensign kidevard Berkeley Phillips to be Lieute nant, by purchase, vice Carpenter, .promoted ; James St. Clair Doyle, Gent, to be Ensign, by purchase; vice Phillips. 55th Ditto—Ensign Bentinck EL Cumberland to be Lieute nant, by purchase, vice Mackay, who retires; Geo. Bowles,. Gent. to be Ensign, by purchase, vice Cumberland 58th Ditto—Ensign John Blaquiere Mann to be Lieutenant, by purchase, vice Stevenson, promoted. 62d Ditto—Franklin Lecky, Gent. to be Ensign, by pur cliese, vice Jodrell, . appointed to the Ist, or Grenadier Foot Guards. 64th Ditto—Charles Stuart Barker, Gent. to be Ensign, by .purchase vice Draper, promotes!. 73d Ditto—Ensign Adolphus Latimer Tinling Widdrington to be Lieutenant, by purchase, vice Nrigley, promoted. 77th Ditto—Ensign Anthony Dillon, from 93d Foot, to be Lieutenant, without purchase, vice Corfield, promoted. 81st Ditto—Henry Shawe Jones, Gent. to be Ensign, by pur chase, vice Ilope, promoted. 87th.Ditto—R. Dudley, Gent. to be Ensign, by purchase, F . vice Doyle, promoted. 91st Ditto,-Ensign Donald Williamson to• be Lieutenant, without purchase, vice Buchan, .prothoted in the 77th Foot ; Nathaniel Kane, Gent. to be Ensign, vice Williamson. 93d Ditto—John Hankey smith, Gent. to be Ensign, vice Dillon, promoted in 77th Foot. 98th Ditto—Lieut. Edward Hunter; from half-pay 110th Foot, to be Lieutenant by purchaie. 99th Ditto--Brevet Major James Johnston to be Major, by purchase, vice Dogin, who retires ; I.ieut. Philip Mair, from 64th Foot, to be Captain, by purchase, rice Johnston. Rifle Brigade—Capt. Robert Ferguson, from the half-pay, to be Captain, paying the difference to the Ilalf-pay Fund, vice Edward Coxon, who exchanges. 2d West India Regiment—Lieut. Wm. Morgan, from half pay 87th Foot, to be Lieutenant, rice 'John bianby, who exchanges. Cape Corps (Cavalry)—Ensign George Schindler Brown, from the 74th Foot, to be Cornet, by purchase, vice Sheppard, promoted in the 6th Dragoons. UmATTAcit ED—Brevet Lieutenant-Colonel Henry Thomas, from the 21st Foot, to be Lieutenant-Colonel of Infantry, by purchase. To be Lieutenants of Infantry, by purchase—Ensign Edw. Newton, from the Bth Foot ; Cornet James Edward Alexander, from the 13th Light Dragoons. • To be Ensign, by purchase—George W. Tireman, Gent. BREVET—To be Majors in the Army—Capt. - Hon: Francis Charles Stanhope, of the 79th Foot ; Captain William Kingdom Rains, of the 51st Foot. ' CHAPLAIN—Rev. Joseph Hudson, A-35., to be Chaplain to the Forces. The undermentioned Officers have been allowed to - dispose of their half-pay Lieutenant James Wemyss Disney, half-pay 2d Garrison • Battalian ; Lieutenant John George Green, half-pay 2d Dra goon Guards; Ensign Henry Hickman, half-pay 63d Foot; Lieutenant-Colonel Neil Cockburn, Retired List 4th Royal Veteran Battalion. Commissions signed by the Lord Lieutenant of the County of Middlesex. John Scott Lilly, Bart. to be Dc:puty Lieutenant ; William Robinson, Esq. to be ditto. Commisssons signed by the Lord Lieutenant of the County of • Herts. Astley Parton Cooper, Esq. to be Deputy Lieutenant ; John Rayley, Esq. to be ditto; Robert Chitterbuck, Esq. to be ditto : Charles Roes, Esq. to be ditto ; Charles Pbelips, Esq. to be ditto ; 'William Henry Shiretl, Esq. to be ditto ; James Smith, Esq. to be ditto; Sir George Duckett, Ban. to be ditto; Henry Crabb, Esq. to 'be ditto ; Ebenezer John Collett, Esq. to be ditto ; Francis Sapte, Esq. to be ditto ; Robert Sutton, Esq. to be ditto • John Finch Mason, Esq. to be ditto ; Sir Ch a rle s Fl ower , lien. to be ditto; Juhn Murray, Esq. to be ditto. THE ROYAL NAVY. PORTSMOUTH, Nov. 26.—Yesterday arrived the Cato transport, Lieutenant Cooley, in •thirty days from Quebec, with the headquarters of the 37th Regiment on board, under Major Bruce. The remainder of the regiment will return home in the Romney, 50, Captain N. Lockyer,C.B. which ship would leave Quebec in a few days after the Cato.—The 79th Regiment, from Cork, relieved the 37th Regiment, in ser. vice at Canada. Letters have been received here from the Maidstone frigate, Commodore Charles BUllen, C. 8., dated the 10th September, at Prince's Island, at which time the squadron was unusually healthy. The Maidstone'had recently captured a Dutch slave ship, with two sets of papers on board. The Dutch Captain mistook the Maidstone for a French frigate, and unwittingly produced a set of documents, which will fully condemn him.— The letter says—" The Dutchman was wonderfully enraged when he came upon the qaurter-deck, and found that the Maidstone was an English frigate." The slaves were all in the most horrible state of confinement. The Samarang relieved the Ariadne at the Mauritius, on the 22d of August. The Redwing arrived at Sierra Leone on the 11th August, from England. The Albion arrived at Gibraltar on the 29th October, from Cork. The Liffey and Tees arrived at Madras on the 15th July; the Sophie at Calcutta. from Ran goon, leaky, the 27th of June. • The Tweed sailed froth Fayal for Halifax, 23d October. The Rainbow, 28, the• Hon. Captain Rous, for the Cape of Good Hope, and the Dispatch, 18, Captain Parsons, for the coast of Africa; the Ganges for Madras and Calcutta; and about thirty sail of other outward-bound merchant ships are detained here by contrary winds. The Brazilian frigate Pi ranga, Captain Shepherd, will sail for Rio Janeiro in the course of next week, should the wind prove fair. The Dotterel, 18, Captain Henry Edwards, is ordered here, from Woolwich, to take dispatches to Halifax, and join the North American squadron. The crew and passengers who arrived from the West Coast of Africa in the Surrey transport, being perfectly restored to health, it is expected that this ship will no w b e , re l ease d f rom the restraint of quarantine. Captain Pulkinghorne is appointed to the Sparrowhawk, 18, at this port. Captain Newcombe, who paid off the Pyramus, at this port, a short time tince, presented Captain Luckraft, his late First Lieutenant of that ship, with a handsome and highly chased silver cup and salv er . W instance of believe this to be a solit a ry of so great a mark of esteem, and it`must prove high and gra tifying compliment to the merits of this officer. PLYMOUTH, NOV. 24.—Arrived the Camelion ' 10, Cap tain M. Seymour, fr om Li s b on , l ast f rom F a l mouth. She left the Tagus on the sth instant. The Spartiate, 74, was daily expected there. She was spoke on the 28th September, oft the Cape de Verds, h av i ng on b oar d t h e Portuguese Diplomatic Authorities, who went to Rio Janeiro with Sir Charles Stuart, to negociate the terms of independence for the Brazilian States. Arrived the Nightingale, from a cruise. The Druid, 46, Cap. fain Chambers, and Harlequin, 13, Captairi . James Scott, bound to the East India station, are previously to proceed to Spithead. Sailed the Nigtingale, of a cruise; Falcon, for Li. verpool. Arrived th e Pike, from Cork. Remain—Britannia, Genoa, 'Windsor Castle, Druid, Sh amroc k, T a lb o t, P an d ora, Nimrod, Harlequin, Victor, Camelion, Dove, Swallow, Pike, Hound. TAW INTELLIGENCE. COURT OF CHANCERY, Nov. ?6. The proceedings of this day were so extremely uninteresting that we cannot select a *ingle case worthy of being presented to the public.' COURT OF KING'S BENCH,-Nov. 26, , THE KING ABLAPID. The Loup CIIIEF:jusTIct, as soon as he had taken his seat, proceeded to d e liv er , f rom a wr itt en p a p er , a ver y elabo:: ratejudgment in this case. The question simply was, whether the defendant, who occupies premises in the parish of St. Bartholomew the Great, where he carries on the business of printing, but neither himself nor any of his servants sleep in them, be liable to serve the office of constable. The Court, from a view of the circumstances under which these premises were held, and the mode of electing the constable in ancient times, held that the occupancy of_ the premises in question did not entail a personal service, bat only pecuniary liabilities to •the rates of the parish in which they are situated.. Mr. Adlard, therefore, Is not liable to serve the office of constable. CRIMINAL INFORMATION. I - DUNN versus COMMON 3EN'SE (NEWSPAPER.) Mr. J, WlLLiaars appeared for the defenda a nts in this case, to show cause why a criminal information should not be grant ed against them at the suit of the plaintiff. The grounds upon which he was prepared to resist the rule were grounds of recri mination against the plaintiff. He was aware that as a lawyer he could not ask the Court to set of One libel against another, when an application of this nature was made for their inter -ferenct• but when it was sought to do that by the strong hand of the Court, which could be done by another process of law, he thought the Court would be disposed to require that the party applying should come before them with clean hands. Now he was prepared with an affidavit to prove that Mr. Bunn was himself a libeller, and had in fact, by his unwarrantable attacks, provoked tit resentment of Common Sense in the manner in which he low complained to the Court. This affi davit stated that the plaintiff, Mr. - Bunn, was proprietor, or conductor, of a Sunday Paper called the Age. OC this paper he (Mr. Williams) professed to .know nothing, never having read one line of it s or even so much as heard of it before the present application ; but he understood it was established upon very singular principles. He was -informed that this print was set up as a sort of recompence to the reading public of the Iletropolix, during Church hours upon the Sabbath day, for the filling off and tameness ofJohn Bull.—(A laugh.) John Bull was considered as having greatly degenerand from his former bildness and violence ; and whether it was true or not that thee was any remarkable difference between John Bull " as he was" and John Bull" as lie is," of this there could be no doubt. that he was very far behind The Age in the spirit of virulenceand invective. Indeed, the extreme heat of John. Bull was nu more than the temperate medium of this new Journal. John Bull having lost all his fire, and being now, in a manne., completely burnt out, The Age, as a new light, had burst forth from his almost expiring embers, and was des tined sutireiy to eclipse him. The affidavit-he possessed went on to recite certain passages from Tire Age,chiefly in notices to Correspondents of a most offensive and libellous character.— These could be submitted to' the Court, if their Lordships thought necessary. This affidavit also stated that Mr. Bunn descried himself as the respectable Stage Manager of Drury lane 'Theatre, whereas there was good ground for believing that hs was no more than the manager of a band of strolling players appearing upon dm boards of a country playhouse. So far his affidavit went ; and 'upon this he was prepared to shew cause why the rule should not be made absolute against his client.— He did think their Lordships might leave the plaintiff to his remedy by the ordinary course of law, viz.—a bill of indictment before* Grand Jury, seeing that he was himself a libeller. The LORD CHIEF JUSTICE said, that the affidavit of the Learnet Counsel did not go further than to stateahe knowledge and belief of the deponent, that the plaintiff was connected with the Age newspaper. No direct evidence of the fact was pro duced, and it was impossible the Court could act upon any thing sc vague its a case of this kind. Neither was he prepared to say that if direct evidence were tendered it would be tie , cepted. In obtaining the rule to phew cause Mr. Bunn had distinctly negatived the - truth of the libels; and if it were per mitted to oppose that rule by a new statement of thi s descrip tion, the judgment of the Court must be further postponed until .31r. Bunn had time to answer that statement, and so on ad in finitum, new matter being upon each occasion introduced. Ile knew of no precedent for such a course, and he had no hesita tion in saying it would be a very dangerous one to establish. The other Judges concurring, it was then ordered that the rule be made absolute. IN THE *ATTER, OF T. JONATHAN WOOLLEE. The LORD CHIEF JUSTICE addressed the Bar, and said, that as Mr. Wader had been waiting several days for an op portunity of being heard .upon a motion of some importance, if the Bar bad .ncrobjection, the Court would now hear him. No objection being offered, Mr. Wooller came from the Jury Box, where he had been sitting, to the floor, for the purpose of 'making his motion, Mr. Woolle r s t a t e d, t h at t h e application hehad to make was for a rule to shew cause why a Writ of Mandamus should not issue, directed to the Treasurer and Masters of the Bench of the Hon. Society of Lincoln's Inn, commanding then: to admit - the individual who had the honour of addressing the Court, as a member of their Society, for the purpose of qualifying himself to be called to the degree_ofa Barrister-at-law. This applica tion arose out of circumstances, which being verified by atildae vit, he would state to the Court.. He then stated the follow ing facts, from the affidavits which he held in his hand: In Michaelmas Term, 1824, he made application at the Steward's office of the Society, to have his name enrolled as a member of the` Society, and he left a paper containing his name, &e., con formably to the regulations of the Society. He was told to call in a few days, when he would be informed of the result. When he called again, lie was told at the office that the Benchers had postponed the consideration of his application till the last day of the Term. In a few days after the end of Term he called again, and was informed that the subject was further postponed until the first council day in the then ensuing and now last Hilary Term, for the purpose of inquiring into the particulars of a similar application which had been made. at Gray's Inn. On the second day of Hilary Term he called again, and was then informed by the Steward that his application had been rejected, but he, the Steward, was ig norant of the reasons for such rejection. On the 27th January, however, he received an official letter from Mr. Lane, the Steward, informing him that he, the Steward, had been rected by the Treasurer and Masters of the Bench of the Society to transmit him the Copy of Order, which was as follows :—" Lincoln's Inn. At a Council held on the 24th January, 1824, upon a further consideration of the applica tion of Mr. Thomas Jonathan Wooller, to be admitted a member of this Society, it is ordered that a letter be written by the Steward, to the said Mr. Wooller, informing bin: that his application to the Society is rejected by the Treasurer, Mas ters, and Benchers." No reason being assigned for this rejec tion, and not being aware of any sufficient reason, and he (Mr. Wooller) being anxious to afford every information to the Benchers respecting his character and conduct, as well as to re move any imputation upon his character which such refusal was calculated to cast upon it, on the 27th . January,. presented a petition to the Society, praying to be heard upon the subject on his own behalf. In consequence of being unable to procure Ay answer to his petition, although he was informed by the Steward that it had been duly presented, and deponent despairing of a hearing on the part of the Benchers, he, on the 9th 'April, 'ad dressed a petition to th e L or d Chi e f ustice of the King's Bench, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron of the Court of Exchequer, and the remainder of the 12 Judges, setting forth the circumstances of his case, and praying their Lordships, as visitor* of the said Inn of Court; to afford him such redress in the premises, as to their wisdom should seem meet. On the 20th of April last, he received a letter signed "J. Waters," to the following effect :—" The Lord Chief - Justice of the Binch .has desired me to inform you, that the Judges have no power to interfere on the pre sent occasion." It appearing from this note that the twelve Judges had no power to interfere in his case, he, on the 17th May, addressed another petition to the Benchers collectively, and 'addressed a copy of it to each, individually, praying an opportunity of being heard upon the matter of his former application,: so, that the Society would assign their reasons for the refusal to admit him a member. He was subsequently in- , formed, verbally, by the steward, that his second petition bad been rejected by the Council, without any reason for such ob jection being assigned. Under these circumstances, deponent having sustained serious injury, and likely to suffer still more grievously in his future prospects in life, from the rejection of his application in the manner stated, he felt that the only legal • mode of redress left him was to apply to this Hon. Court for a mandamus. Mr. WOo ller having thus stated the facts of his case, observed, that in consequence of the intimation of some doubts suggested on a former day, whether this Court had jurisdiction to interfere in the matter, lie had applied his mind to that point, and was now prepared, lie trusted, to satisfy the Court that they had jurisdic. tion. He admitted that he had not been able to find any prece dent precisely in point, but the authorities he had to produce were extremely analogous to his case, and went to establish the general proposition that the writ of mandamus was now the only mode of redress applicable to his case. The writ of mandamus being a prerogative writ, was calculated to afford a remedy for injuries where there was no other prescribed mode of redress pointed out by law. The case of the King a. the Benchers of Gray's Inn, on the prosecution of William Hart, in Douglas' Reports, 339, established that this Court had jurisdiction to in terfere where au Inn of Court refused-to admit a gentleman to the . . degree of a Bar r i s ter a f ter h e h a d c onf or m e d to the reguiattOng of the Society. That case went to impugn a contrary doctrine previously laid down in a case reported in March's Reports.— Lord Mansfield, in delivering the opinion of the Court, said he had consulted with all the other Judges upon the origin and constitution of the Inns of Court, and found that they were " voluntry Societies submitting to Government," but that all their powers were delegated to them by the Judges, to whose controul they were subjected as visitors. In the case cited, how ever, though the mandamus was refused, yet it was not on the ground of want of jurisdiction, but because the Judges, as a do -14 mestie forum, w • lsthe prop t r ib una l f o ir e d ress , by way o f ap peal from the decNon of t i cliches. If, however, a s h e h4d been informed by th6 n ot e wri en:by the Lord Chief Justice i s - ' order, the Judges had no jurisdiction in his case, the situation of a large portion o f hi s M a j esty ' s su bj ects would be extremely grievous. The Benchers might arbitrarily refuse that which appeared to be the right of every subject of the Crown, to whom no personal disability could be objected, without any ap peal. Such a right was contrary to every analogy. It would be even at variance with the proceedings of the Inquisition, which, though an institution founded upon principles the most abhorrent and odious to the first principles of natural justice, yet gave its victims the opportunity of being heard, and went through the forms at least of judicial inquiry. 'Here, however, he had to complain not merely of a refusal to grant that which appeared to be his right as a British subject, but that the Benchers declined giving any reason whatever for the refusal. Such conduct implied some objection, which, if well founded, as applied to him personally, at least ought to be stated, in order that he might be heard in vindication of his character which was thus hnpliedly impeached. As, therefore, the 12 Judges bad no power to interfere as visitors, then his only remedy was the pre rogative writ of mandamus, to which he submitted he was esti tled. He referred to the King v. the University of Cambridge. Strange Pm, a. c. 1 Lord Raymond 1334, and Rex v. St. John's College, Cambridge, 4 Mod. 233, as authorities analogous in principle to his case. Before he had applied to the Society for admission, he had conformed to the regula tions prescribed in a work called The Student': Guide, published by Mr. Lane, the Steward, under the sanction of the Benchers. No disability bad been pointed out as affectinc , him personally, an d t h ere f ore, un l ess some was suggested, ' he contended, that as a British subject, he had a right to be ad mitted. Porsibly the Benchers might have very good reasons for rejecting his application, but until those reasons were as signed, he apprehended that he was entitled to admission.— Under these circumstances he submitted his case to this lion. Court, being quite convinced that they would afford him that redress which law and justice demanded. As soon as Mr..Wooler had concluded, the Lord Chief Jus tice told him, that he had addressed the Court with great pro priety, and in a manner which was highly creditable to him. - - . - - After remaining in deliberation for a few minutes, the Judfes delivered their opinions seriatim, that they had no jurisdiction to grant a Mandamus. As the reasons given by all the Judges were the same, it is unnecessary to give them in detail. The Judges were all of opinion, that the Society being, in the lan gua,ee of Lord Mansfield, " a voluntary Society," this Court had no jurisdiction to compel them to admit members against their own inclination, even supposing their refusal should be perverse. The very character of 4 voluntary," implied a negation of the right of this tribunal to interfere in the proceedings of such a Society. It was true that the twelve Judges were the visitors of the Inns of Court, but that was only in matters relating to actually admitted members. The words " submission to government," as used by Lord Mansfield, meant .submission to such rules and regulations as were or dained for the internal government of the Society; but did not mean a submission to any ordinances of a foreign jurisdiction. If, indeed, a person had an incohate right to be admitted a member, that might be perfected by twelve Judges as visitors. But Mr. Wooler had no inchoate abstract right to be ad mitted a member of a voluntary association, and therefore, he had no loot' standi to insist upon being admitted. The same rule applied to corporations. A stranger, wishing to be come a member of a corporation, had no inchoate right to be admitted to trade, or lor any other parposes. The cases cited had no tmalogy to the present, for in all of them the persons applying to the Court were actually members of the Society, and sought something to which, as members, they were en titled. But it was never heard of, that a mere stranger had a right, abstractedly, to be admitted a member of an Inn of Court, of an University, or of a Corporation. If, indeed, the applicant had been admitted a member of the Society for a par ticular purpose, and had conformed to its government, then he would have an inch oa t e r i g h t , w hi c h, in the absence of any sa tisfactory reason to the contrary, might be perfected; but here no ground of that kind had been laid before the Court, and therefore a Mandamus would not lie.—Rule refused. THE MARQUIS OF HERTFORD AND HON. AUG, STANHOPE. At half-past five o'clock Mr. Brougham rose in the matter of the Hon. Augustus Stanhope. The LORD CHIEF JUSTICE—The Gentleman is, I suppose, . Mr. Brougham, in attendance to give sureties ? Mr. BRUIT GHAM.--fie is in attendance, my Lord, but I am instructed to apply for his discharge from the articles. The LORD CHIEF JUSTICE—Upon what grounds? We are not here to hear the case over again. Mr. BROUGHAM—There is an ambiguity in , the articles as well as omissions in the statement of the facts ; and these we mean to supply from Mr. Stanhope's own affidavit. The, Loan CHIEF JUSTICE--I never knew anything of such a nature, in articles of the peace, to be supplied by the affidavit of the adverse party. 31r. BRouGnAm—l mean to show the omissions on the face of the articles themselves. • The Lottn CHIEF JUSTICE—But what objection have you to give sureties ? Mr. BRouGHAar—I have mach to say, both as to their time and amount ? The LORD CHIEF JusTlCE.—Yes, but how object, before both are named ? Mr. BROUGHAM begged to be allowed to proceed. He said that, in the first place, he was quite aware he could negative at this time, what was sworn on the f r ont o f th e art i c l es; b ut h e had a go od deal to say in mitigation of the course pursued by Mr. Stanhope. The LORD CHIEF JUSTICE—But it cannot be done, we tell you. Mr. lluouGHAm—Suppose, my Lords, that Lord Hertford had, since the occurrences had taken place which led to these articles, given what amounted to a pardon, for previously alle ged transgressions ? The LORD CHIEF JUSTICE—What reason have we to sup.. pose any such thing, in direct contradiction to the Noble Lord's affidavit before us. Alr. BROUGHAM—Then I won't suppose, but must directly state that he has entered into negociation with Mr. Stanhope since the affair. Mr. Justice I3AYLEY—What, since this application ! Mr. BaotionAm—Not since the application to this Court, but subsequent to the occurrence. The COURT said they could not listen to such a statement. Mr. BnouG HAM said he was only anxious to explain, that all the propositions for money, interest, &c. alleged to have been made by Mr. St a nh o p e , were so far from having been made by him, actually made to him, in his conversations to Sir Richard Birnie, as well as by letters to the latter. There were five letters and six interviews to establish that fact, since the 24th of last August. The ATTORNEY-GENERAL, for Lord Hertford, unqua-' lifiedly disclaimed that he had been a party to any such nego ciation. The LORD CHIEF JUSTICE inquired, how it could be shewn that Lord Hertford was privy to any such negociation ? Mr. BROUGHAM—By Sir Richard Birnie's constant use of Lord Hertford's name, in his interviews with Mr. Stanhope, and goieg backwards and forwards, professing to take and re turn statements. The COURT decided that Mr. Stanhope's affidavit could not be received, to convey mere hearsay impressions. The Lotto CHIEF JUSTICE—But why all this objection to give sureties ? If Mr. Stanhope really means to keep the peace, why hesitate to give them ? They can do him no harm. If he does not intend to keep the peace, it is right he should give them—even for his own good. Mr. BuOAIGHAM—AIany irrelevant things were displayed in the statement in the articles. These have gone forth to the public, and created an unfavourable influence against Mr. Stanhope. The LORD CHIEF JUsTicE—What have we to do with that ?—we cannot be influenced by these statements. Mr. BROUGHAM said it was hard that Mr. Stanhope should not have the power of repelling these unjust imputations.— Then, as to the time of the application to the Court, Lord Hertford had allowed two Sessions of the Peace to elapse since last August. The LORD CHIEF JUSTICE—But be has come here at the first Term which was open to him, and that is sutEcient. Mr. BnouGHAst said, that he had not come until ten days after the Term had commenced. The Learned Counsel then called the attention of the Court to the facts on the faCe of the articles ; and insisted that up to this hour Lord Hertford had not sworn that he was in such bodily fear as entitled him, ac cording to all previous precedents, to the interference of the Court in the form prayed for. He quoted Hawkins and other law authorities to shew that the exhibitant of such articles was not only bound to swear that he was in actual bodily fear, but also set forth just and probable reasons for a rational and not a far-fetched apprehension. Now, Lord Hertford had not only avoided making such an affidavit, but he had since the 24th of August, the day of 'the last occurrence between him and Mr. Stanhope, employed Sir R. Birnie to negociate with him. The ATTORNEY GENERAL again disclaimed on the p a r t of Lord Hertford, th a t h e. h a d employed Sir Richard Birnie for any such Purpose; he had merely to terial capacity. Mr. Bnouounx reiterated his remark, and t ttc General his disclaimer, when th The COURT interfered, and said that on the fare°flt tides, no such term as " employed " had been 10 0 0 as the Attorney General had said, an application to,Ellief.e; to act in his magisterial capacity. The Lord tic nee e Ati st: B bl i i t s o h me th i a i t :tu : a ct d b n y i ft : e li d e again interdicted Mr. prougham from imputing any tion upon the business to Lord Hertford, unless ar'd 111 to whose name he used, as !kering been party to theN o fa 'Tian Mr. StaiNsope's affidavit of his conversatioes, with, en applied to hit: his letters from Sir Richard Birnie. He then proceedenethst his former position, that Lord Hertford had not give l u lic h rive deposition of his having bodily apprehensio n ° c m, bound to do according to the imperative course of xac e apprehension must, he contended, he received 1 1 r ed !'ele positive averment, and not caught up by inference. e atli d tion. The Learned Counsel recited the words of t n e lie which he insisted were insufficient to maintain tnissa The Court interfered and said,'that Lord Bertf ar i a ge viva awe oath before them, deposed to his pv l°6 l lo lo l sion, which, coupled with the character of Mr. Sta n t yr. as set forth in the articles of the peace was suifii fi e n e ;iferd of tire Bayley had the oath taken in Court by Lord P' in which there was a positive ahffia a t v dl e a' r ev n i it averment of S o ci f rar a rl: P 'i i" crtl'e3e7'tebill bodily harm." rid stir contended, 3lr.lt° t D h that i t l c ': foundation of applications like this must unequir° cB „. real all that has occurred convinced the exhibitant lie to' Mr. Justice BAYLEY—So the Noble ci actual fear or danger. swe ll p fo r l e l c o e w d e e t h l ts on w t e h re e same side, A d il l viva voce. t o t clei , Mr. BRODERICIE-4t is not on the face of • the nothing.can, viva voce, be superadded. aern ifli Mr. Justice BAYLEY—Yes, tbere can here, by. _ ja t ing the usual form of viva voce oath, which cont.:llP the expression of his apprehension. e „ n Mr. BRODERICK insisted that the apprei,e,asio the] expressed on the face of, the articles; according' W I 3 , heal tice of ancient times, the exhibit:lnt must swear tie bends this danger. The COURT said that he had expressly Wan 1 0 . ta b" Mr. BRODERICK—But these articles must JO upon their own insufficiency, and not by any Coll an t ' ence. This case must stand or fall like all others.; ! ea u)/ dealt with as the commonest case, when'the glare el Brea are got rid of- to (1 ?e, ' The LORD CHIEF JUSTICE We have no. 1 0,1 0 1" with the glare of great names ; we have only t° . - law and the fact. 41 1 e to s jl 11Ir. BRODERICE still persisted in his objectio n ost ciency of these articles, and repeated his argument,. so Of tii,oiterduililia.fsorolily be, precedents rendered it imperative for the exhibitalli dyDR terms to swear, in the articles, that he was in b r i eeell nay more—that he has good and just grounds I °,, r rt fo , self in apprehension of danger. Here Lord Pe, not swears that on the 22d of July, he was insulted . 0 0 es, how) by a gentleman, who afterwards turned oUat.neilo Stanhope.. ` He never pretends to say he was thre . ` t i o ili! s saulted—and in August again,_ all he states is, 1 2°I' vo s struck, not that he assaulted, but that a stick a cco,v, against his carriage window, and that Mr. Stanh o p e ' ifl ots Y. to Sir soH R e . irt ß t r ru n ds i slt e bl e s a ta ftt t ae e kr m etn e h n ,e t merely, edveeanti teh of his n s h, a id he Ol d - IV ' t Lo on r ; d assault ton should be heaped upon a gentleman in Court, lc' denied the privilege of answering. This would , ee_ x111 0! der it incumbent upon that Court to compel the e :adel;, adhere The tcootuhenprrehseclrdibtethal that the a i p n p t r h e e he fo h rm sio a n ti w on s f o liciel lt4 pressed, and overruled the objections. r plf, t t I The ATTORNEY-GENERAL contended, u• ye pressed, articles were on - the tgce of them amplY ' ll i o us Hertford had, indeed, shown the most scrull egn n, throughout the whole of these proceedings. I le host il iti o' articles, by spewing the cause of Mr. Stanhope' s far ed t , trial, and dismissal the army. er e a lso re d e j e ce l averment in the articles, which he said fully' an o, prey sustained this application. , Here was a gent le Vetes t rt by his own admission, too all lengths, short a ger tfo k , during his father's lifetime, merely because 1 4 r d, eitd, ts Q his capaCity as parent and guardian of his cl a e l •is r 'es . particular course, in consequence of the c onduet ie D oter t hope. It was quite cl ear , w h en t h e p a ssion his (Ili far committed him, that he could not answer wi n via per (whatever his intentions might be) in his f utu e i n tcrE Surely this was exactly the case which required lion of the Court. A ia' 'd 113 A! r en' The LORD CHIEF JUSTICE interposed, a n- e in Peie Court had determin e d t o bi n d-11 Ir.• Stanhop e elYe iptD keep the pea Ce. It was quite Clear; without geqreere' t „, ticulars of the transactions between these e -li f thee . ; a( state of irritation prevailed in the mind of one° u n likely from from a knowledge of hiiinen nature, it was very " s atfs ie r e be confined within legal limits. The facts vier t he Co% y forth, and as guardiansorthe peace of Society, ' fer bind Mr. Stanhope in sureties to keep the Pelic t eiee I Poe towards Igird Hertford, himself' in a bond o' d Fifty Pounds, and two sureties of Two Hunt* a ll each. . , 0 bf These sureties were immediately entered fo re 10(), hope, and the Cou r t r ose a t h a lf-p as t six o'cl?c ;,,ed,' t , 0 14 1 The COURT, in the tottrse'of the day nu,,s, e n ' r iel t was unlikely the busin ess w hi c h stood let et t ° finished on that •day,-.'three of the Judges rin e : h ease ° adjoining room on Tuesday, to dispose of su parties consented to refer to them. OF REPRESENTAVICiSibttiIE-COUN.: • .. • I (From the Leede Mercury. ) e ispeC I JI On Friday a numerous and high •dingr p oi meeting of theprincipal Freeholders of the East i n is lO County of Yor p k took place at' the Tiger lan , ofd RALPH CREYEE, Esq. in the chair, f or the P 1 ,93 5 01:40:. into consideration the propriety of inviting I ' l t berlijr l Esq., of Rise, to offer himself as a candidate for the of ; o r tation of this county at the approaching dissal? t „ s s 14,0, ment. The Chairm a n h av i ng o pened the ba sl %a con A b propriate speech, Willi am B ever l e y, Esq. tyse ;,:luti ° ' an eloquent speech by mov i ng the following re of f' was seconded by the Rev. Charles Constable :—". hi tjor.`Mco Resolved—That as it is now certain that a Constable: -" liament will take place at no very distant pert i s tios, P of Richard Bethel, Esq., of Rise, justly aPP,i e nee "hie' character, his inflexible integrity, his i ndefell_.„o,, fl o c? , and fortune, and his talents and habits of "%lOW i 0 eminently qualify him to uphold the credit an 4 °s t this county, as well in the scale of public o pt% t, t lia o to t great Council of the Nation, do earnestly req?,` e a oeoir . , the time arrives at which the County will be cat, ill sV o t turn two additional Members to Parliament, he " t ee self to be put in nomination as a candidate t° Aj O. County of York. e Cha r 'lcS• (Signed) RALPH CREYJCr' DeVer 11 • don Charles Constable e P , 0 1 2 0 e, John Bell, cbris• John Lockwood, govt. , e , vavasour, e!' O' W. OshaldeSton, T bos. Philip Saltmarshe, , jl. , 00+ Charles Frost, ' Ar • p at itt PS' Li - CO' el John Courtney, b i t nse2, j ot', (And about twenty other equally respect a , on e 00-. 0 This resolution having been carried with owl_ opl 7 lA voice ( the Rev. William Hilciyard), a dcputatio".l, of 0 0 0 wait on Mr. Bethel, who was in town, with B,l l l ' o/ jog , dress, to which that gentleman returned the I ° 11 1 before the Meeting broke , TO THE CHAIRMAN OF THE MEETING . 4-55 DAY AT BEVERLE Y• o f te 3 p, b G Sir—l have received, with the depest feelings _ g e y le o time arrives at which this county resolution adopted at a meeting held this daY E t } r ea l ! , numerous body of freeholders, requesting 11 up on 1 u / f to two additional . embers to Parliament, to all° . the co will be calk upon-elf pyr ut in nomination as a candidate to represent ,A „er - c0 pions,i to complianceofi,er myselfwith your as a York. o ar ee ref ,ion of i to So honourable and flattering a testimony ofl_,, confidence demands from me a declaration of 'Pi t o' 3v_ 01r in e county at the ensuing election, if, at the diss l " d t woo..sosi ll sent Parliament, when the county will be calie ra cog two additional representatives, the same WO tha s ro b should be evinced toward me. been .he ~o The circumstances under which I hav e A nd ""Ase upon by those to whom I must be best known!, beep a4111(101 city which I have reason .to believe has alresal.dorsaifo,., to re" : foo l et o my opinions and principles, may aPPe ar feel 4 ,, i firlt„vallJ distinct avowal of them unnecessary ; Ye t 1 the Theo' upon me to declare, that 1 could only snlic t tw o, , ,0 the freeholders as an independent country gen ts. cilio c , to i no promises, pledges, or previous engag,ell in th i° ,,dai t ; i a s n h d e i s tia a t Tl fo i r n ti d ic eferen _ ce so tatio : ,, i , If I should be so fortunate as to be Place` the - tr eP to rl in the high and respectable situation of I I trc A e :oo 6 tio o l representatives of this great county, itshl"t assuseieabcll deavour to express my gr a titude by a Pa tle a - n 'd I to Ja d e thl impartial attention.t o a ll it s l o cal interests, g el ce support of those public measures which TO a pd P e " dif calculated to promote the welfare, seel l "l' British empire and its extensive d epe ndenci el 'p psi Beverley, Nov. P. AIWA