The Sun. — London, England, 1832-01-26 00:00:00

the King an 4 the prisoner ? What is it, but to invite the strict attention of the service at large to every step I rake in this trial ? What is it, but to bring to the severest test the sincerity and truth -of my own professions, when I declare, that my duty to my Sovereign is paramount to all in terests and feelings ? I have said that the honour of this corps is dear and valuable to me ! But in saying this, do I not bind myself in the most solemn form to preserve that honour unsuspected and un sullied, and to bring down the weighty arm of jus tice on all whose conduct may have fixed a stain upon it ? And, in adverting to the high and honour able post to which the gracious favour of my King has raised me, what have I done but proclaim the exceeding weight of my own responsibility ? I should he a traitor to the noble service thus entrusted to my superintendence, if every feeling and every fa culty of mine were not ardently engaged in the pre servation of its welfare and efficiency—and of its welfare and efficiency its honour is the very life and soul. In committing to my charge the interior eco nomy and discipline of the British cavalry, his Ma jesty has, in a most especial manner, constituted me one of the guardians of its reputation ; in which (far more eminently than in its numbers or its sub ordinate details) lies the real secret of its glory and its force. In conformity with these views of my duty, I feel myself compelled to declare, that (whatever may he my personal prepossessions in favour of the prisoner), I shall have to press him home with evidence, which, if not most ef fectually repelled, must bring down punishment and dishonour on his head. I must not shrink from proclaiming, that unless the materials in my possession turn out deceitful indeed, his conduct during the recent calamitous disorders must be pronounced utterly indetensible. What the re sources are on which the prisoner may rely for his vindication, I have no means whatever to anticipate. I can, therefore, only declare that I shall deeply rejoice if my apprehensions on his behalf should, upon investigation, appear to be unfounded. It will be no mean relief to my mind, if he should succeed in bringing forward facts or circumstances that can materially extenuate the accusation which has been preferred against him, and my gratification will he great indeed, should he be able to turn the accusation altogether aside, and to come forth from this conflict with an honourable and a complete ac quittal. I have now only to submit for th e appro val of th e C ourt , no less for the sake of expedition than of perspicuity, that each charge shall he dealt with separately, and in rotation as preferred against the prisoner. I purpose, therefore, to complete the evidence in support of one charge before another charge shall he brought under consideration, and to announce to the Court when the evidence in sup port of each named charge shall have closed. Should this mode of arranging the evidence, on the part of the prosecution, accord with the views of the Court I will proceed to call evidence in support of the first charge. The PRESIDENT signified the acquiescence of the Court to the mode of proceeding suggested by the prosecutor. The following witnesses were then called and examined : Sergeant-Major Martin, 3d Dragoon Guards, examined on the first charge. Were you on duty with Captain Warrington's troop in Bristol on the 30th and 31st of October last ?—I was. What officers were then present with the troop, and who commanded it ?—Captain Warrington and Cornet Kelson were with the troop ; the former commanded it. What number of non-comrsissioned officers and men were mounted and effective with the troop in Bristol ? Thirty-three men and horses. Where were the quarters of the troop, and where the quarters of the officers. during those two days, and were the latter contiguous to those of the troops ?—The quar ters of the troop were at Leigh's Bazaar, and the officers' quarters were at Reeve's Hotel; they were contiguous to each other. Were there outrageous and alarming riots in Bristol during Sunday, the 30th, and up to five o'clock on Mon day morning, 31st Oct. ?—There were. Was Captain Warrington's troop or detachment of that troop called out repeatedly in the course of Sunday, Oct. 30, to quell the riots?—Yes. Were several of the public buildings in flames at about ten or eleven o'clock on Sunday night, the 30th October ? —Ye'. At a hat hour did the detachment of the troop that had been on duty that night at the Bishop's Palace and at the Mansion-house return to its quarters ?—I cannot speak precisely as to the time, but to the beat of my knowledge it was about nine o'clock. At what Lur did the troop next turn out mounted, where did it first form on parade, and by whom com manded ?—The troop next turned out about twelve o'clock the same night, it formed on the road leading to Leigh's Bazaar, and was commanded by Captain Warrington. Did the whole troop then turn out, what duty did it perform, and when did it return to its quarters ?—The whole of that part of the troop then in quarters turned out, it march down to the front of Reeve's Hotel, halted a few moments, and then returned to its quarters. Without adverting or reference to a patrol of four men sent to the Guildhall, upon what occasion did the troop, or part of it, next turn out mounted for duty?—About two-thirds of the troop turned out about four o'clock on the morning of Monday. For what duty did it turn out?—To quell the riot then existing in Queen-square. Was any non-commissioned officer, or man, sent by Captain Warrington or by Cornet Kelson to your know ledge, to look for the officer commanding the troops, be. tween the hours of half-past ten in the evening of the 30th of October and half--past four is the morning of the 31st ?—No. Cornet Charles Kelson, 3d Dragoon Guards, examined on the first charge—Were you in command of the detach ment of Captain Warrington's troop between the hours of eight and ten on Sunday night, October 30 ?—I was. State as nearly its you can at what hour that detach ment returned to its quarters at the Horse Bazaar ?—About bait-past nine, or a quarter before ten. At about what hour did the troop next turn out mounted—where did it form on parade—ardi who com manded it ?—The troop next turned out about a quarter before eleven—it formed in front of Reeve's Hotel—and Captain Warrimlton commanded it. Did it tall off or halt to collect on the slope of the bill outside of Leigh's Baz tar, before it proceeded to Reeve's Hotel do not recollect that it did. What duty did it perform, and when did it return to its quarters ?—lt remained in front of Reeve's Hotel a few usinutes, and then filed into its stables. Upon what occasion did the troop, or any part of it, next turn out mounted for duty; not adverting to a cor pora; end four men who were sent to the Guildhall ? Part of the troop turned out, mounted for duty, at about four o'clock on Monday morning, and proceeded to Queen square. Are you certain it was no liter than four o'clock when the troop so turtv-d out and proceeded to Que-n-square?—. To the best of icy knowledge that Wall about the time. By Captain WArrington—W ere you not ordered first to go into College.green, where you would meet a Magistrate to ar.:ompiny you was. Did any 111azistrate meet or accompany you when you got th,re?—N,ne. By whose orders did you go from College-green to Queen-square ?—I went from College-green to Queen square under the personal command of Col. Brereton. By the COURT— You say you went from College green to Queen-square under the personal command of Colonel Brereton ; by whose order did you go from Leigh's Bazaar to College-green?—By the order of Captain Warrington. What was the hour at which you were commanded to go to College-green to meet the Magistrate?—Shortly after four o'clock in the morning. Thomas Kington, Esq., merchant, of Bristol, ex amined—Were there outrages and alarming riots in the c ity of Bristol, on the 30th Oct. last?—There were. Were the gaols, the Bishop's Palace, and other buildings fired by the rioters in the course of that day and night ?-- They were. Did you, in the course of that night, apply to any mi litary person for the assistance of the troops ; if so, b e P • leased to state the occasion, and to whom and where th e application was ma d e applied to Captain W arr i ngton , athe Horse Bazaar, fur the assistance of his troop of th -3d Dragoon Guards, between ten and half-past ten on Sun day night, as I have reason to suppose from information I have since obtained. I represented to the Captain the state of Queen-square, and earnestly requested him to bring his troop down there, for the purpose of saving the Custom-house from the flames. I found Captain War rington mounted, with the greater part, if not the whole 0 1 his troop. His reply to my application was, " I should be most happy and willing to go, but I cannot march my troop w i t h out t h e order of Colonel Brereton ;" an d I h ave me indistinct recollection of Captain Warrington's 9e yin¢ something about a Ma g i s t ra t e . I th e n a s k e d hi m wh e th er I the particular circumstances of the case would not justify a depat'ure from the general rule, and if he would not ac cede to my request? his reply was, " I cannot move with out the orders of Colonel Brereton." My next question was, " Where is Colonel Brereton to be found?" the reply was, " I cannot tell you," or words to that effect. Was your calculation as to the time you have specified made shortly after the period of the Bristol riots, or only within the last few days ?—Only within the last few days. Did Captain Warrington, in consequence of your ap plication, send any soldier with you, to endeavour to find the officer commanding in Bristol ?—He did not. At what hour did you return to Queen-square ?—I think it must have been shortly before eleven. Was the Custom-house set on fire and entirely de stroyed after )ou had applied to Captain Warrington for the assistance of the troops ?.—lt was. By Captain Warrington—Are you satisfied, from the information you have received within the last few days as to the time on which you called on Captain Warrington for assistance on Sunday evening. 30th October, and the circumstances brought to your mind, that it is correct ? The information is the tesult of minute inquiry, and 1 believe it to be correct. Do you recollect whether Captain Warrington asked you if you were a Magistrate ?—I think he did. What answer did you give?—My recollection, as I have said before, is very indistinct with regard to this part of the business. No doubt but I answered his ques tion, and my reply must have been that I was not a sitting Magistrate. Did not Captain Warrington appear most anxious for orders to turn out ?-1 think he did. Did Captain Warrington evince a willingness to act if he had orders?—Undoubtedly he did. By the COURT—Had you any official authority con nected with your application for military aid, or did you apply as an individual ?—I applied as an individual. By the PRESIDENT—Did Captain Warrington refuse distinctly to move with his troop, or did be merely excuse himself on the plea of waiting for orders from Colonel Brereton?—H e said the troops should not move without the express orders of Colonel Brereton, or words to that effect. Can you remember if Captain Warrington said could not or should not ?—I think I should be correct in stating Captain Warrington said " could not." Richard Stephens sworn—Did you meet Mr. Thomas Kington on Sunday night, 30th October, during the note at Bristol? If so, say at what hour.—l did meet him, about half.past ten. Did you accompany him anywhere to look for the troops ? If so, state to what place.--I did, to College green, the Bishop's Palace, and the Boar's Head-yard. W 55 the troop of the 3 , 1 Dragoon Guards mounted, and where was it formed when you reached the Boar's Head yard ?—They were mounted, and formed on the steep in (runt ti the yard. Relate the conversation that passed, within your hear ing, between Mr. Thomas Kington and the officer woo com manded that troop ?—Mr. Kington informed the Captain of the situation of Queen-square, and also that the rioters were then near his Majesty's Custom-house, and the ser vices of his troop were required ; the Captain said he could not go without orders from Colonel Brereton or a Magistrate. Di f Captain Warrington send any soldiers with Mr. Kington or you, to endeavour to find the officer command ing in Bristol ?—Nos. Lieutenant and Adjutant George Francis, of the Recruit. ing Staff, examined. Did you, between the hours of ten o'clock on Sunday ❑ight, 30th October, and half-past four on Monday morn ing, 31st of October, receive, either at the recruiting tffice, or at your quarters in Unity-street, any despatch, or letter, or message, from any officer or other person of the 3d Dragoon Guards, for the officer commending in Bristol ?—I diil nut. Was the troop of the 34 Dragoon Guards, or parts of it, called out repeatedly on Sunday, 30th October, to quell the riots ?—They were; and I went myself, about eight o'clock at night, to cal for the troop to protect the Palace. By Captain Warrington—Where were you at ten o'clock on the night of Sunday, 30th October ?—I was at the office, or out reconnoitering. Could Colonel Brereton have received any dispatch be tween the hours of ten on Sunday night, and hall-past four on Monday morning without your knowledge ?—He might. Was not the office in College-green considered to be the public office for receiving all communications for Col. Brereton, and was it not kept open for the purpose the whole of Sunday night and Monday morning ?—lt was. Were not the Magistrates aware of this circumstance ? —I should consider they were, but I do not know. Were not the Magistrates in the habit of sending mes sage+ to the district office during the riots ?—They were. When you say you were sent about eight o'clock on Sunday night for some of the 3d Dragoon Guards, was the order for the whole troop, or a detachment, and was the order in writing ?—lt was a verbal order for the troop of the 3d Dragoon Guards to come to the protection of the Palace. Did you not generally receive verbal orders from Colonel Brereton during the time of the Bristol riots ?—I did. By the COURT—Did you convey any orders from the late Commanding Officer of Bristol to Captain Warring ton, not to move from his quarters without orders ? or are you aware of any such orders having been sent or given to Captain Warrington ?—I do not recollect taking such or ders to Captain Warrington, nor am I aware that any such were given. Did you see Captain Warrington at the head of his troop any time during the evening or night of Sunday, 30th October ?—I do not recollect so seeing him. Did you ee the troop either on parade or in action during that night ?—I saw them under the command of Cornet Kelson almost immediately alter they had received orders to march to the protection of the Bishop's Palace. Was Colonel Brereton with the party on that occasion ? —He was. Did you see Captain Warrington on Sunday evening, between seven and eight o'clock, call at Colonel Brereton's quarters to ask for orders ? - Sir Charles d'Albiac objected to this question being an swered, as being irrelevant to the first charge then under consideration ; and the President coinciding with him on the subject, it was accordingly withdrawn. Sergeant-Major William Macleod, of the Recruiting Staff; examined—Were you in attendance at the recruiting office any part of the night, between ten o'clock on Sunday night, 30th October, and Monday morning, at half-past four—if so, state with whom and at what time ?—I was in attendance from eleven on Sunday night until about half-past two the following morning. Sergeants Den nage and Platts were with me, except for a short period, when they stepped over to Colonel Brereton's quarters about billets and letters. While you and Sergeant Platte were in attendance at the recruiting offices did any despatch, or letter, or message come from any Officer or other person of the 3d Dragoon Guards for the Officer commanding in Bristol?—None to my knowledge. What sergeant did you find in attendance at the recruit ing office when you arrived there at eleven o'clock ?—Ser geant Dennage. When you left the office at half-past two in the morn ing, who accompanied you, and what Sergeant did you leave at the recruiting office P—Sergeant Platte accom panied me, and Dennage remained at the office. - Were you at 6i - office when the Doddington troop of Yeomanry Cavalry reported its arrival to the Officer com manding in Bristol, on the night of Sunday, 30th October ? —I wa-. At what time was the arrival of the Doddington troop so reported ?—At about eleven o'clock. The troop ar rived and formed in front of the office. The Court was now (half-past three) cleared, in order that they might t,ke into consideration the propriety of admitting certain evidence. EXTRAORDINARY SUlClDE.—Yesterday an inquest was held at the Duke of Wellington public-house, Pear Tree-court, Wapping, on the body of ELIZABETH STIBBE, aged 44, the wife of a watchman, in the employ of the London D)ck Company, and stationed on the Pier Head, at Wapping. It appeared that the deceased, who was a very disorderly character, addicted to thinking and various other vices, was allowed a weekly sum by her husband, but not sufficient to gratify her passion for ardent spirits. She hail been lately liberated from pris,m, and since then annoyed the husband very much for money, and not succeeding in draining the poor man of every penny, she attempted to destroy herself by taking laudanum, and ultimately, by way of rendering him comfortless, and `Ting revenged of him for his firmness in resisting her sit mands, she avowed her determination to drown herself in his presence. For this purpose she went on :Monday night, while in liquor, to his watch-box on the quay : there having abused him, she deliberately pulled off her shawl and bonnet, and having exclaimed " You barbarous wretch, my spirit shall haunt you," she plunged into tl.e lock. The poor man gave an alarm, but before proper assistance could be obtained to rescue her, st.e was drowned. The Jury returned a verdict —That the deceased com mitted suicide while in a state of derangement brought on by excessive drinking. PUBLIC INCOME AND EXCHEQUER BILLS. An ACCOUNT of the NET PUBLIC INCOME of ' ended the sth Jan. 1832, after abating the Expenditu . Issues or Payments within the same Period; exclusii Debt, and of the Advances and Repayments for Loc the United Kingdom of GREAT BRITAIN and IRELAND, in the Feat re thereout defrayed by the several Revenue Departments, and of the Actual 'e of the Sums applied to the Redemption of }untied, or paying off Unfunded al Works, Applicable Applicable INCOME OR to the to the TotaL EXPENDITURE REVENUE. Consolidated Public Fund. Service. ------- ...—______ --,--- ORDINARY REYE FUNDED DEBT. ! X. S. Ili X. S. d. NUES AND necEirrs. X. s. 8. X. s. d. £ s. d. Interest and Manage-; I Customs 13,319,5 M 15 21 3,166,720 10 11 16,516,271 5 4.1 ment ofthePerma- . 1 Excise 16,303,025 7 4-I 16,303,025 7 4i. nest Debt 24,372,894 0 611 Stamps 6,1)47,829 8 3 6,947,829 8 3 Terminable Annul- ! Taxes 4,8c4,343 051 4,864,343 054 ties Post-Office 1,537,205 19 . 3 1,530,205 12 3 , One Shilling and T Sixpence and Four To a u l n d C e h d a r n ge th o t , f ex the - Shillings on Pen elusive of 5,4921. sions and Salaries 38,888 941 ...... ...... 38,::: 94/ 4s. 4d. the Interest! Hackney Coaches, on Donations and': and Hawkers and Bequests Pedlars 46,56.5 3 0 46,565 3 0 ‘2.7,691,582 14 11 Small Branches of UNFUNDED DEBT. the King's Here- Interest on Exche ditary Revenues 4,785 7 6 4,785 7 6 quer Bills 649,833 8 2 Surplus Fees of Re -3 1 gulated Public Of- Civil List Charge, Poun da fices 3 ge Fees, 37,026 11 9-1 ....... ....• 37,926 11 9; f rom 26 t h June, Pella Fees, &c. 1830, to 31st Dec in 1831 Ireland 4,539 13 7; 4,539 13 7} Civil List chargeable -- on the Hereditary 43,127,660 0 101 3,166,72.3 10 11 46,294 ----- ,380 10 111 Rev nu Heredit e of the ' Crown ' ICO,I 12 91 870,836 0 81 Deduct, 1,...•••••••• Repayments for Ad vances for the same, made out of Parliamentary Grants and other Funds, per Act OTHER PECEIPTS. 1 Will. IV. c. 25 .., 359,522 0 '7l Imprest and other 511,314 0 1; Monies 27,546 11 101 1,087 611 28,633 17 11: Pensions Money received Salaries and Allow from the East In- antes 86,334 15 111. dia Company ' 60,000 0 0 60,000 0 0 Courts of Justice 276,924 17 71 , Money received Miscellaneous 1 from the Bank of Charges on the England on ac- Consolidated Fund 217,324 5 9 count of Unclaim. Mint Establishment 16,349 13 4 ed Dividends—. I 41,426 9 0 41,426 9 0 Bounties granted for • t he Managementof 43,155,296 12 81:3,269,234 5 2.; 46,424,440 17 111 Hemp and Flax in ----- 27 Geo. 111. c. 13.1 s. 65. 1,548,772 16 51 1 1 29,890,188 19 61 Army 7,216,292 18 11 1 Navy Ordnance 1,472,944 0 0 Miscellaneous— Excessj of Expenditure over Income defrayed out of i the Annual Grants the Balances in the Exchequer at the commence. ! of Parli a m en t 2,854,013 8 10; ment of the year 698,854 5 111 : 47,123,298 311 i 47,123,298 3 11 An ACCOUNT of the BALANCES of PUBLIC MONEY remaining in the Exchequer on the sth Jan. 1831 ; the Amount of Money raised by the Additions to the Funded or Unfunded Debt in the Year ended sth Jan. 1832 ; the Money applied towards the Redemption of the Funded, or paying off Unfunded Debt; the Total Amount of Advances and Repayments on account of Local Works, &c. with the Difference accruing thereon ; and the Balances in the Exchequer on the sth Jan. 1832. Issu to the Commissioners for the Reduction of Balances in the Exche quer on sth J an. 1831 5,993,940 010 the ed National Debt, to be applied in the Redemp- Money raised in the Year end e d s t h J an. tion of Funded Debt : X 1832, by the creation of Unf un d e d D e f t: X s, d, s, d. By Issues per Aet 10 Geo. IV. c. 27 2,668,365 15 2f Exchequer Bills per Act X. Interest onDonations and Bequests 5,492 4 4 l 1. Will. IV. c. 62. sem 1.1 1,953,300 0 0 2,613,857 19 6.; Do., 1 Wm. IV. c.ll. s. 2.112,000,000 0 0 Deduct the sum which has notbeen ; Do., c. 14. s. 2. 111,213,000 0 0 applied in the Redemption of Do., 1 and 2 Wm IV Funded Debt, but in the Re-' c. 28 Do., I Wm. IV. c. 50. s. 1 Deficiency Bills, per the 6 and; charged on Sugar Duty 415 , 000 0 0 7 Sections of the above Act l ' 1,450,000 0 0 Do., 1 Wm. IV. c. 23. s. I 12 6 1,223,857 ; 2. charged on do 3,00 0 ,000 0 0 By the Bank of England, to pay offi For Building Churches 4/. per cent. Dissentients, per; per Act 5 Geo. IV. c. Act 11 Geo. IV 1 260,000 0 0 103 102,600 0 0 Paymasters of Exchequer Bills, ford ... ... For Public Works, &c. the payment of Unfunded Debt, ... ... 29,872,800 0 0 per Act 3 Geo. IV. c. 86 12,600 0 0 The Total Amount of Advancesi Do., 1 and 2Wm. IV. c. 24 165,000 0 0 for the Employment of the Poor, ----- 29,814,500 0 0 And for Local Works within the; Year I 609,355 13 10j Exchequer Bills per Act 11 Geo. IV. to pay Ditto, Repayments for ditto, ditto 430,120 15 4 06'4/. per cent. Dissentients Excess of Expenditure over Income, defrayed out of the Balances in the Exchequer at the commence ----.-..- ment of the Year 698,157 5 111 By Balances in the Exchequer on the sth Jan. 1832 3,83.3,689 16 9i X 36,068,4400 10 An ACCOUNT of all EXCHEQUER BILLS issued, or au-i thorised for. to be issued, charged on th e Supplies 18:32;—Unpro.1 vided lAN ACCOUNT, showing EXCHEQUER, and remi maary, 183.2, to complete ti j the Service of the Year the amount of MONEYS in the lining to be received, on the sth Ja he Aids granted by Parliament for Twenty.five Millions Six Hundred and Sixteen Thousand Four' Hundred Pounds--(X25,616,400.) In the Exchequer. To be raised. East India Company, per Act 11 Geo. IV. c. 4 Money paid by Thomas Rip rn,,l.scLineoonarcs forcount of the o.mithe issue of Exchequer Bills for Public Works, per Act I Will. IV. c. 10 To be brought per Act I I from the Con- an d 2 Will . solidated Fund IV., c. 28 Ditto ditto ditto c. M Ditto ditto 1 Will. IV, c. X. s. d. 15,0,0 0 0 11,793 12 6: 11,793 12 2,935,006 1 S 1,800,000 0 0 2,712 0 Of 4,752,808 1 61 11,793 12 0 An ACCOUNT of all EXCHEQUER BILLS issued, between' sth Jan. 1831 and sth Jan. 1832, under the Acts 3 Geo. IV.' ' c. 86 ; 5 Geo. IV. c. 103, an d 1 an d 2 Willi am IV. C. 24 ;—Un.' provided for. Z . s. d. The Amount of Exchequer Bills issued for carrying on Public Works and Fisheries, in the year ended • sth Jan. 18:32 177,600 0 0 The Amount of Exchequer Bills issued for build ing additional Churches, in the year ended sth Jan. 1832 102,600 0 Oi £280,200 0 01, Whitehall Treasury Chambers, 18th Jan. 1832: SIR AUGUSTUS D'ESTE'S CLAIMS. (From a Correspondent of the Morning Chronicle.) The public have already ben in possession of some of the facts relative to the claims which Sir Augustus D'Este has made in regard to the marriage of his mother, Lady Augusta Murray, with his Royal Highness the Duke of Sussex. In support of that claim, a pamphlet in the shape of a l e t ter h as b een c i rcu l ate d amongst t h e no bility, and which has created no ordinary sensation amongst the circle fur whom it was intended. The letter commences by stating, that the proceeding recently adopted by Sir A. D'Este, in the Court of Chancery, is simply a bill filed to perpetuate testimony, with a view to preserve the legal i proof here a f ter o f a f act which, in the present day, s a matter of public notoriety—namely. the marriage of his Royal Highness the Duke of Sussex, at Rome, in 1793, with the late Right Hen. Augusta Murray, of which union Sir A. D'Este and his sister are the offspring. It has re sulted from an opinion that the 12th Geo. 111., a British Statute (the Note is marked No. 1.), usually called the Royal Marriage Act, does not extend to marriages con tracted by any descendant, whether male or finale, from Geo. IL, bo,ia fide, and beyond the sea—consequently that Sir Augustus D'Este is, even according to the law of the British empire ; the legitimate son of his Royal Father throughout the British empire. A formal opinion, to the above effect, has recently been ‘igned by a learned civilian, who is even him,elf consti tuted one of those Judges in this country whose peculiar province it is to decide on matrimonial causes, and it has proceeded not from any hasty and momentary impression, but it is declared on the face of it to be the result of " great consideration." The following explanation here follows, upon a tract written 20 years ago, entitled " the Royal Marriage Act," which produced a considerable effect in keeping back any premature discussion, as also producing some influence on the conduct of Sir Augustus D'Este upon such a delicate subject. At the clove of the year 1811, the Hanoverian dynasty was placed in a very peculiar predicament ; many of those whom we now find holding some of the most permanent posts in the conduct of public affairs had not then corn nenced even their elementary studies. It may, therefore, be as well to describe it. The state of the Royal Family at that time was such as mafteultr,eadnedatlwt whose memory enslaved under to induce serious apprehension that the male line of and House of Brunswick Lunenburgh might wholly the Crown of these realms again descend to a race of interestingpS iii our i y , y e i r n e i s i n g t i n thu s o tap r i , noe n s: c i: e l.as m moo i , etT r f hnoehetneerfondly RI strangersexpectation o p r e e i entertained, Ittceaeirnts it t sfoa o anci nn o hte u nado r fr:: e i successionit , h i tu l a , ato o l u tp hrr:,rnlWales habits, iifnie. ewoa, foal a utin n iidd d ee of Sovereigns, British born, depended at that time princi long have been preserved to us—hopes transferred in the present days to an c d a a l u a g m h i t t e y r , o u f n a i v P er r s i . a n l e l e y awhosend deeplyPre will long be the ished by the British public. The state of the Continent, on the other hand, from which we were absolutely excluded, was such, under Bonaparte, as toafford no opportun i ty of any ad v intageous connection in the confined circle of foreign Principalities, with which alone those in succession to the Crown are by our laws at liberty, wi t h out forfeiture of i their future rights, to ntermarry (No. 2). E ven those principalities were in a manner annihilated. His present Majesty seemed to have been deeply im pressed with the predicament of the Roy a l F am i ly at that period, and to have thought it incumbent on him to set to the younger Princes a laudable example —to discharge so far as depended on him a duty towards the country, by seeking in the fair bosom of England herself the mea ns o f securing the British empire from the danger with w hi c h it was at that time so imminently threatened. Th e dan ger was not light ; it exposed England to the nec ess i ty, the termination of the exiting generatio n i n the Family, of passing Royal under the yoke of a f oreign do arciiuoinreodfnhotsriing w iy o a n ny la c w o s nl in ue p s e t i ace n , war, more espe cially of the syst e m under whicu, during the r e i gn of , but by th e merein' do minion, l o operation George 111., those laws had been allowed to operate —a I. d. •r. 3] 4,764,601 14 Ot 'RING RICE. - singular but necessary consequence, not so much of the principle which first imposed on Great Britain the neces sity of looking to a race of foreign Sovereigns for its . Kings (a pri nc ipl e w hi c h t h e necess i ty o f c i rcumstances Justified at the time), as of a new principle established under that Sovereign, whose boast it was, on his own ac cession to the throne, that " born" and " educated" in this country, he gloried in the name of a " Briton." Yet one of the early laws passed under the same Sove reign —a law strongly opposed by the most eminent per sops of the age at the time when it was proposed, and without precedent in the annals of British legislation had apparently for its object only to bring back the country to that state of things from which it had been congratu lated by the Sovereign himself on having so recently escaped. This important document here proceeds in tracing the effect of the Royal Marriage Act, and the high hand of power by which it was alone procured—the reprobation with which it stands branded on the Journals of the House of Lords (No. 3)—its repugnance to British feelings and British precedent—thus contribute to dispel a prejudice so new in the history of Great Britain, that no British female, however noble her descent, elegant her person, and accomplished her attainments, could at any time he worthy to grace the nuptial bed even of a junior Prince of the House of Brunswick, if descending from his Majesty King George the Second (No. 4). The prospect of a marriage between a Prince, standing almost first upon the list of British Princes, and with a British Lady, although circumstances placed her high in the consideration of private and domestic society, could not stand in comparison, in point of descent, with the lustre which appertained to the Lady whom his Royal Highness the Duke of Sussex had espoused at Rome, was calculated to bring forcibly into view the position of two infant and also Royal children—Royal in descent even from their maternal ancestors—and deriving through them the blood of the most ancient Sovereigns, not only of Great Britain, but of Europe, the same blood through which the House of Brunswick was called to fill the Bri• fish throne. The position of these infants was the more interesting as it was distressing. Having no means of sup port in life but what depended on the then precarious health of their Royal parent, in a moment they might be left destitute—having no claim to any peculiar considera tion on the part of the State but what might be founded on a claim to the rights of children begotten and born of a Prince of the Blood Royal of England, not only in holy matrimony, but in lawful wedlock. That such was in law the true and real status, and which has b-en found to be the conviction of others hold ing the highest rank in the profession at the present day. Having (Sir A. D'Este) had occasion to go through the melancholy duty (upon his mother's death), that of examining her papers, he found amo ng them many documents throwing light on the cir cumstances under which her marriage had been contracted with his Royal Highness at Rotate, in 1793, and other matters which occurred during his infancy. . Uri , t hi s discovery Sir Augustus took the resolution of consulting the first authority at the bar on points of this natur forensicie,v ekg distinguished ,uence, D as r. m zu c s h hin b g y t j o u n r ; id a ic n a d l a a t s t i i h in e m c e a n se ts s i in volved points connected with the foams of the Court of Chancery, and the rules of evidence as prevailing in Courts of temporal jurisdiction, Mr. Richards, a gentleman at the bar of the Court of Chancery, was called in on consul tation. The result was a joint opinion on a variety of points, but principally on the operation of the 12th Geo. c. 11, as fleeting a marriage bona fide abroad, beyond the jurisdiction of any British Act of Parliament, and the British territory altogether. Ra l % their e opinion wa s expresse d i n t h e fol lowing words of opini on , a ft er great consi deration,r I As tothat point, Marriage A c t d oes riot extend to any marriages by any descendants of George 11. contracted that : the _ t. an d solemnized bong fide out of Great Britain and beyond the limits of British jurisdiction; and we think that the marriage of his Royal Highness at Rome was not a mar riage impeachable under that statute." On receiving this opinion, Sir Augustus DEste deter mined, as nobly as prudently, on not departing from that course of conduct which he bad pursued since his first en- trance into life—on not seeking to agitate any question of rank, title, or precedence at the moment—on keeping back rather than advancing the pi esentment of any claim dur ing the life of the Royal father ; contenting himself with merely reserving a right to bring forward the subject at a fit and proper opportunity, when it might be taken into consideration without inconvenience to the public service, or exciting feelings or discussion which in any quarter might be unpleasant. The documents found by Sir Augustus had never been brought forward during the proceedings against his de ceased parent in 1794, nor had the clergyman by whom the marriage ceremony was performed been examined in her behalf. He probably was at that time still on the con tinent; and it is very clear much important testimony was, in fact, kept back, for reasons which appertain alto gether to another view of the circumstances, wholly dis tinct from the subject of this letter. The clergyman is, however, found to be still living, and in England, but of a very advanced age. Thirty-eight years have already elapsed since the mar riage at Rome took effect ; and although the evidence of the marriage would be in the present day sufficient, inde pendent of the testimony of the clergyman himself, to sus tain the legal proof of that fact, yet it obviously became prudent, in a case like the present, to omit no measures calculated to secure all the evidence, and in the fullest ex tent, which the case was capable of affording. It became the more necessary for Sir Augustus to secure such evidence, in consequence of his having determined to postpone, possibly for a long period, all claim, and to guard against all those accidents to which documents not cure gistered and recorded are so constantly exposed. An idea also has been entertained in his family that the certificate or other written statement of the Minieter by whom the marriage ceremony was performed would be re ceivable as evidence, especially after the death of the clergyman. In this he was undeceived by the following opinion, pro ceeding also from his Counsel, and expressed in the words following : " We are of opinion, that the certificate, or declaration, or statements of the Protestant Minister by whom the mar riage was solemnized at Rome, would not be serviceable as evidence in the Courts of law or equity in England ; and we are of opinion, that it would be expedient to file a bill in Chancery, against all proper parties, for the purpose of obtaining and perpetuating the clergyman's testimony on oath, as well as of other persons whose evidence may be material. We think, considering the great age of the clergyman, a bill should be filed immediately, for the pur poses above mentioned." The filing of such a hill was not only thought advisable, but pressed on Sir A. D'Este ; and also, with this view, the nature of a bill to perpetuate testimony in the Court of Chancery. A considerable portion of this extraordinary pamphlet is here devoted to the law upon cases in which bills are filed, and upon Appeals before the House of Lords. It then proceeds: " In the present case, the Bill of Sir A. D'Este is to the following effect :—After stating the fact of the marriage at Rome, and certain circumstances respecting the landed I property of which his mother was seized in her life-time, and the creation of his Royal Father as Duke of Sussex, Earl of Inverness, and Baron Arklow, with remainder to the heirs male of his body lawfully begotten—and that the Clergyman by whom the marriage ceremony was per formed at Rome is now upwards of eighty years of age— it merely submits that Sir Augustus D'Este is entitled to examine witnesses to prove the said marriage, and that it was good and valid, and to perpetuate testimony of such witnesses, both as to the said marriage and the other matters and things aforesaid, in order that he may have the benefit of such testimony, as occasion may require." To this bill the Attorney-General, disclaiming interest in the land, has demurred. If the opinion of Dr. Lushington and of others be correct, Sir A. D'Este, on the death of his father, will be entitled to claim the Dukedom of Sussex. This in heritance depends not entirely on the favour, and certainly not on the caprice, of whoever may at that time be the reigning Sovereign of this country. It is the settled prac tice in modern times to refer all doubtful questions on private claims to the House of Peers, where, in the pre ' sent days, they are tried with strict regard to justice ; but also where rules more strict are adopted in regard to evi dence than prevail in the Courts of Westminster Hall. After adverting to the law of evidence, the pamphlet proceeds. The claim, however, of Sir Augustus D'Este is not a mere claim to an ordinary Peerag , —it involves, by pretibility, a claim to the Crown of England itself, should any accident, by any calamity, arise to the Princess Victoria or Prince George of Cumberland, or their line should here after GAL The remainder of this document occupies eleven pages, which are entirely devoted to the law upon the subject, at the same time it recapitulates a very considerable portion of the case of " Belfast v. Chichester," this being the only case which has ever occut tad in a British Court of Equity, that in any degree approximates to the mite now be fore the public. In the course of these observations, it is stated, that in consequence of the most mature delibera tion and advice, the opinions of Sir A. D'Este's Counsel have been laid before his Majesty's Ministers, with a note to Earl Grey ; the note, however, miscarried. Amongst those whom the letter has been sent to, we understand the major part of the Nobi ity are decidedly in favour of the claims, at well as the King and the male branches of the Royal Family. Note I. This Statute has never been extended to, nor been of force in Ireland before or since the Union. Ire land in 1772 was an independent kingdom, having its own separate Great Seal, its own separate Privy Council, the accession o f t h e H ouse its own separate Parliament, and declared both pros pectivelyindependent of all British en as enactment. wellment. as Since retrospectively, of Hanover by the British Parliament it se lf G eorge 1 11. a was King of Ireland as well as of Great Britain. Its Princes could be affected by no personal incapacity out of Britain. Were the Legislative Union dissolved to-mor row, the sons of George 111. would still remain Princes of the Blood of Ireland ; as the Prince of Orange would have remained a Prince of the Blood of Belgium, had the Nassau family been fortunate enough to have retained the sovereignty of that country in the lave separation. Note 2. Allusion is made to the law excluding from the Throne all who marry those called Papists, and which has no connection with the Royal Marriage Act. Note. 3. Mr Burke, it is believed, was the writer of these protests, which were signed by the Marquis of Rockingham, the heads of the Whig party, and among them by the venei able Earl Fitzwilliatn ; of this, indeed, the superior attainments they display in metaphysics and in the science de la hauteJurisprudence afford intrinsic proof. Note 4. George II is made, in the 12 George 111. cap. 11, the propositus of this new exclusive system, yet the mother of that King was the daughter of merely a private French gentlewoman. The circumstance is alluded to, to illustrate another argument, and to show by an in stance in the House of Guelph itself, that the marriage of the Duke of Sussex with a lady of such high rank and illustrious descent as Lady Augusta Murray was not one of those unions which in the law of Germany are considered disparaging to the extent of depriving the issue of (cede inheritance. The question, however, as to Germany, depends not on any Judicature of this country, but on that composed of the Diet of the German Princes, constituting the German Confederation, and having for its protector and head the Emperor of Austria. The Statesman, the Diplomatist, and, perchance, even the Courtier, will conceive the question, as a whole, to be, in the possibility of events, pregnant with consequences much more important than those which may ensue from the success or failure of a mere Bill to perpetuate testi mony in the British Court of Chancery, or the maintenance or overruling a demurrer to such a bill. DRURY-LANE THEATRE.--A new and de. servedly successful drama, called The Rent-day, was played here for the first time last evening. The dialogue is spirited and lively, and far superior to the usual style of pieces of this kind. There were no puns as we recollect,_. no straining at sentiment,—some characters very plea santly sketched, and the story well made out. In short, we cannot help at once congratulating the author on his merits, and the play-going public that, among the very limited number of dramatic writers, there is one who, without borrowing from the French stage, or stealing from the contents of our native circulating libraries, can present to them a drama worthy of their encouragement. The subject of the play turns upon the distresses of a farmer (Mr. WALLACK), who has a fair wife (Miss PHILLIPS) and five children, and no money to pay his rent with. A griping steward (Mr. YOUNGE), a country appraiser (Mr HARLEY), with just as much brains and feeling as his calling requires, are the instruments by which the farmer's sorrows are aggravated. In the first scene was presented in action IVILKIE's well-known picture of the " Rent day," and the first act closed with a similar copy of his " Distraining for Rent." The play, which we understand to lie writte n by Mr. JERROLD, the author of " The Bride of L udgate, " lately produced here, was received throughout with universal applause, and the house was uncommonly well filled, SCOTCH LITERARY FESTIVAL. Yesterday, at Freemasons' Hall, there was a pub lic dine r "to celebrate the birth-day of Robert Burns." The circumstance of the Ettrick Shepherds whose birth-day falls also on the 25th of January, being now for the first time in town, suggested the propriety of holding this festival upon a larger scale than usual—Liest.- General Sir John Malcolm, G.C.B. in the chair." The gallery was filled with ladies. The dinner commenced badly enough. Provender had been ordered for 200 persons only, while there were nearer 500 present. The euests at the middle table were for a tim.. left wholly without dinner; and when, by dint of loLd and long complainings (which it was vainly attempted to drown by the not much more harmonious sound of the bag-pipes), their empty plates were at length filled, still it was not in a manner which men who knew the value of 255. (and who know that better than our excellent fellow countrymen from the North ?) could be expected to say was satisfactory. We need hardly observe that this was the fault of the stewards, and nat of " mine host," who, if he have no other sins to answer for but that of giving short commons, or bad commons, deserves to be canonized at least. The vocalists were—Messrs. G. Stansbury, Jolly, Hobbs, Wilson, Templeton, Cellyer, Chapman, Broad hurst, and Master Lewis. On the right of the Chairman were Mr. Hogg, on the left Mr. Burns, the eldest son' of the poet ; and neat to him Captain Burns, the second son. Amongst those at the upper table were—Lord Porchester, Lord Mahon, Sir George Murray, Sir Peter Laurie, Sir Pulteney Mal colm, Messrs. Galt, Sotheby, Wrangham, &c. &c., and its other parts of the room were Mr. Lockhart, Mr. 0. Cave, Capt. Basil Hall, Mr. A. Cunningham, Ice. The situation allotted for the reporters was not much more remote than is customary at public dinners, yet, owing to the crowd and the tone of voice in which most of the speakers addressed the company, it became fre quently difficult to catch the purport of what was said. The first toast was, of course, " The King ;" but it was not received by the Chairman's coterie with that ap plause with which 99 out of every 100 of his Majesty's subjects are accustomed to hail the mention of their So vereign's name. The health of the Queen, which fol lowed, was drank with decorous, but not with very marked applau.e, by the company generally. The Chairman aid his friends, however, now found their tongues, and shouted with vociferous enthusiasm to this toast. After " The Royal Family," " The Army," and " The Navy," The CHAIRMAN gave, " The hero of hie country—the Duke of Wellington." Here again it was observable that there was a portion of the company whose political opinions were strongly at variance with those of the majority present. These gentle men shouted unmercifully to the toast, while from the rest of the room their applause, or the feast itself, or both, elicited the most marked expressions of disapprobation ; and several gentlemen who now appeared to bave pene trated a design which, from the very outset, had been palpable enough, exclaimed, " Sink politics ; we are not met here as politicians." These symptoms were rather too decisive to be misunderstood or disregarded ; and no further attempt teas made to disturb the conviviality of the evening by ebullitions of political feeling. The trick was a very cluiney one, and it was attended, like most of the other Anti-Reform devices, with signal failure. The CHAIRMAN then displayed to the company the swell-known bowl of Robert Burns, formed of Inverary marble, and set in silver, out of which he should shortly have to propose to them to toast the memory of the im mortal Bard. The usual loyal and patriotic toasts having been gone through, and " Rule Britannia" and " God save the King" having been sung, The CHAIRMAN got up to begin the business of the evening. When he was invited to take the Chair on the present interesting occasion, he felt as deeply as it was possible for any man to feel, that nothing short of eloquence of the highest order could do justice to those theme' on which he should that night be called on to descant; but at least he was not wanting in one of the first qualifica tions required in one who took a prominent part in the commemoration of such an event as the anniversary of the birth of a man like Robin Burns—yes, he was not want ing in that enthusiasm which constituted one of the first qualifications in men assembled for such a purpose as on that day brought them together. The company whom he had the honour to address were, no doubt, chiefly Scottish, but the English and the Irish who had that day joined them, would, he did not question, unite as cordially e mota a ,., ihni s ,,vie,d,rnrr m ui th e , da n ,uovntnpi i c to, lu i nh u , riatag l ti d dieitteiore i tb n ultehteheoe d i i i,o,,l n g ry :aofegeytrtfenajnoioulcuffstissestanirsicooadueft,oc;hfttntreh, nature, the er:am lnv di mind an o sd r H y td he osa disclose oo t : h e eR wouldidead, bnheorihis Burns. He would rather desire that the immortal man n e s n tsßheoobpveunr purpose p genius . B os u e r on f If was e t e at magnify ing his distinguished powers, that he was a man without education—it might be that he was a man without edu cation in the ordinary sense of the word, but so far from being without education in the true sense of the term, he was a man who bad received the best possible education —he was a man v. Ito not only educated himself, but de rived that education from the purest sources.• The genius of his country found him, as the prophetic bard found Elislia—at the plough, and if ever a human being received a Divine inspiration, that man was Robin Burns. No man who looked at the difficulties with which he had to contend, and with which lie had successfully contended, would doubt, that If inspiration were denied him, it could not be conceded to any other mortal. Let us look to the account be gives of himself:— " There, lanely, by the ingle-cheek, I sat and ey'd the spewing reek, That fili'd hoast-provoking smock The auld clay biggin ; An' heard the restless rattons squeak About the riggin. All in this mottie, misty clime. I backward mus'd on wasted time How I had spent my youthfu' prime, An' done naething, But stringin blethers up in rhyme, For fools to sing. Had Ito guid advice but harkit, I might, by this, hae led a market, Or strutted in a:bank and clarkit My cash-account: While here, half-mad, half-fed, half-sarkit, Is a' th' amount." The ideal being whom he then saw said to him Then never murmur nor repine, Strive in thy humble sphere to shine ; And trust me, not Potosi's mine, Nor King's regard, Can give a bliss o'ermatehing thine A rustic Bard ! To give my counsels all in one, Thy tuneful flame still careful fan ; Preserve the dignity of man, With soul erect ; And trust, the Universal Plan Will all protect. And wear thou this'—she solemn said, And bound the holly round my head. The polish'd leaves, and berries red, Did rustling play; And, like a passing thought, she fled In light away." Was it, then, a matter of surprise that he should have elven way to such impressions —and was it not to them and to the whole human race a matter of proud congratula tion, that he had so yielded to the suggestions of the Muse when, in the language of an immortal Englishman, " he walked in glory and in joy upon the hill side ?" It w as th e fortune of Burns to become early the admiration of all his literary contemporaries; a memorable example of that was to be found in a periodical publication very popular in its day, called " The Lounger," in which Mackenzie, best known to the world as the "Man of Feeling," spoke of Burns as a man of first-rate genius —as a man, who had by one step ascended the highest pinnacle of poetical fame. If ever there was a man who could present to the imagination pictures vivid in their colouring, and accurately defined throughout —that man was Burns. Alike to childhood and to mature age, to the least practised and the most ignorant of men, as well as to the painter and the poet, could he present images, the fide lity and spirit of which all men were ready to acknow ledge, and indeed to which the universal feeling of man kind bore testimony. Had these lines been ever surpassed: " That merry day the year begins, They bar the door on frosty winds; The nappy reeks wi' mantling ream, An' sheds a heart-inspiring steam : The luntin pipe an' sneeshin mill Are handed round, wi' right guid will; The cantle auld folks crackin crouse— The young apes rantin thro' the house; My heart has been sae fain to see them, That 1 for joy has barkit wi' them." Burns and Sir Walter Scott, and other writers of me_ Bern times had accomplished the great object of prevent ing their national tongue from being lost and merged in the language of the wealthier nation with which Scotland had been united, and that, it no oth, r, consideration must be acknowledged to constitute a large chin), on the part of the man they were met to commemorate, to that distinc tion which he meant to conclude by proposing they should confer. A distinguished poet, lately dead, whom he met at the hospitable board of a friend whom he then saw near •tiro—Mr. Murray, of Albemarle-street—called on hi m to explain a passage from Sir William Julies, which he, from his long connection with the East, might be supposed com petent to explain.--[The passage to which the Gallant Officer referred, it was impossible, from the confusion which prevailed, to catch.) He observed, that he was