The Sun. — London, England, 1811-01-24 00:00:00

REPOPT. couvr of CUANCERV, TAN. 2j. • This being the first day of Term, the Courts did )t sit' till a line hour in the' da y . In this Cou r t eir Lordshi ps h eard 'the Repot. respea °mins; and jtistifications of bail, till nearly ing foutht.e clock. tent the a BIANDAuus. pplication of Ai r . G ARROW, the argu, lt respeai ng the Mandamus le the of' ondon,respetAing the nomination to a Lectureihip nne of the parishes in the City of London, was (mimed to the gill of F no tions of ebrua r y next. Several course were allowed, and the Court Use tit four o'clock. 11. ........ coutur OF COMMON PLEAS. The Judgcs of thil. Court, took their soma with hp usual formality, Af ter heating b,iil justify, the his , .. , ourt rote. S ince idst Term, a b ook case has been made in Curt, tinder , he feet of the Judges. t con :ainS I nany nvw voluineS o f the Staiutei, &e. I of ge -441 nit) In Tract ice. 1.01.•••••• ••M•1110...• ••• hUBLIN,..boI. 19. ~mow.` 1 0 the Cnntinon Council y,sterday, an Addr,t;ss DI eondolctiee B cto his Royal Highness the Prince, of VistAts was proposed by Mr. CRAVEN, 011 the pretrit einnlrrAssing slate of affrirs, thanking the Ptioe t , tor has.ing accepted the Ilciii-ocy, crippled as it wt i '' b y toe unconstitutional restrictions imposrd by Pailimei. Thr motion was supported by tfr. WILLis. Mr. SINNOT and Mr I)itysso oppo•ed it as prematute.—Pro uounctd ,io ealogittio oil the virtue s a our Sovi'tiign, awl contetided that .the Council would . gracious act ilidtClitlY ill 1)1E14.111 art ,Address at this tin)e : • g he suid that I ' M . an its,. ajesty Would rise again like the um, to set in glory, . Atter a sew words from 'other gentlemen who seem e d to think the address premature, Mr. HUTTON rose and anti bestowing a high and merited p4ne"' gyric ou the , bestowing wh o e s a shat and son was a It,lodel, concluded by agiering that the time for ad. arelasiug was not hie tirest:nt. alts ri aths seotiorent Ali. Harty concurrol, when, . r I"W "hhetvations . Mr . Cra ven consented to withdraw his (notion. ' ' ...................--,....„--- LI:ilk:ES, JAN, 21. ?'ht* atrocious disposition which had itself stu n° l ime cgo in the northern part of the Pa' manifested tit!) of Maresheld, on the bord,rs of Ashown Forest, by threaknine letters, and the burning of buildingl: and stacks, has but about one at OuC afresh with double' vio lence, and on Thursday morniog last, • Welot:k, the Parsonage addioini„,,, mare,field Church- )131 'where tile Coate, the Rev. Mr, Bingham I*.. Sided,. Wob built' down. Last year Air. I.inghtubis stables were destroyed in like nea r and, al suppose'because he hat! endearoered to check the disorderly ctrd,ua°, "ae of his to but, noi'withsle"dmg. t he la%ve ineattre4 of Lord's heffield, °fitted, no diacovery has yet taken place. En' and the rewar ds. ,vrtmcliments on that part of Ashdown Forest, in the unite of. Dorset's manor, have been'.continued in an• 411'iaion% maener, supported by. the z'rgeetas threats, each 34 those held out' in the threat, most out enieg letter, for theAliseovery of the author or au l!evethatl of which .200 .guineas reward were ()WM(' I:l!rtheless, 'lie laying them open, and the level , °t : Lille fences, were effeeted about a' ago, resistant or disorder, through the pre fort night „Pbtins ' t aken by Lord Sheffield, whoa PP°int" ~le ~r . I aleiPal people, in the neighbouring Patiallet peace fli t • ,- 0 cers ; but it can hardly be Supposed dies % t at W 44 done on that' occasion the gave rise to malice that has beet) &hewn towards Mr. Bingham' who had taken no aoive part ill that business. If air. Lingham had (lot been awake, in consequence ef 't)dikosition, he at d his wif e and nine children 14°"14 undeuhtedly his%e been smothered, or burnt jl4 their beds. lie having heard a noise, got up, /2)Un,„e,,,n,,,_"`;*1) g all's, and ..aw a man going from the --ge; ne attempted to co it door, 'Which he d by by .I)art of the furnittfre raised t d it ; lie then went round to an otitwilrd door, IYiiieli 6 liad bolted withi n •,b' t l went to just a ore le bed 0 , and found it broken open Znd softie furze fag °°tl barning, which had been brought into the , ra oin, and the furoiture been round them The 4100 Was to raNd, the house belt ) the of wood' 9 4 the intink.e so ittatantarieously great, that' it was Ivph difficulty any lives Were preserved ; two of ihe teildrell %ere obliged to be tbroWn out of the win_ 'tire and two were nearly suffocated before they 'NM . be Aticated ; but no wearin apparel, furni. or other property could be g saved. The ex -4441 of h e of . Mr. bingliam's flintily ire, for the Itteclent, itt some degree telieved by the kind recep -13 of !hem into diiltrent houses in tfie neighbour 1100d. Lord st,,,ir I, . Art L •:* ' , eiol ROOll visited the spot, and there t .--- ue no aot,ht th i t the same pehlie‘apirit aod ac• llvity which f,ave been 'niiinifehted on like occa lift% h ' ' I t h at Noble Lord will be exerted on (lie Present, . . i .......„:„.............„... :A, most horrid murder was cominittwl on the /rl,!Aht of • Tuesday se'nnight, near Causheen, CounlY lia r horn on James O'Brien i the deceased; in companY 'with 1. i(PtBb 'lll sun returning towards home, was fired iit 1)()5t1"111411°w" a's3ab4in, whn lay in concealment ~ ini, near his own di,vellitig when the untortu -.Ate ' 0 m+ Her r teeeiVed the conients of a loaded musket, P,llntlartlly fell; net the mitrderers not bein,. satis lid that lie was dispatched, and having heard him, Itill.ler tootle senteneeN, they immeditely, approached kiltv41,„(111,e8°11 blAulti departed for aisicaneeb and with v —O, unnillity, I),4itne they retired, h;zd nearlY Be. el.ed the hehi from the On Thursday an to ad , , , , body,' ~._ ~,,r- ' via' new (.1. the b by itiONIAS 'EVERS. 'l' Coroner tor that C i rt • who returned a Ver- Net of I , , , 4 U I) , 'same , ere rtiiiii Ithadvr' against puraon or p tiaknown. IMP KRIM, PARLIAMENI. ROUSE OF PEERS. WEDNESDAY, JANUARY 23: ' COMMON HALL PETITION'. Lord EINKINE presented a petition from the Lord Mayor, Aldermen', and Livery of the Ciiy 01 Lon. don„ in Common-hall assembled, in favour of an Utirestritied- Regency. The Petition being read by the Clerk, his Lordship moved that italiould lie on the table. This : proposition gave rise to a conversation, in some respetta of an irregular naltire. Some of the Noble Speakers having been' a number of 'times on their legs. It was principally between the Lord Chancellor, Lord Erskine, and the Earls of Lauder dale and„Liverpool. It Was contended- by the Noble and Learned Lord, and by his Noble Friend the Secretary of State, that agreeably to the orders and u.ages of their Lord ships House, the Petition purporting to be What it did, viz. from the Corporation of the City Of ,Lon- don, and signed as it actually was by certain viduals, with Out the Corporate Seal of the City thereunto annexed, could not be regdarly received. All petitions purporting to be from Corporate bodies should have the seals of those bodies attached. It may be received as the p'oition of the individuals signing, but no more. Ort the other side it was contended, by Lord 'ER.. sKINE, particularly, that the Petiti9n was so signed at the desire of the very num,rous body who voted it. So the Sheriffs stated, who regnes•ed he would present t h e petition to, their Lordships, viz. by the Lotd Mayor, lout Aldermen; and a number of the Livery brlonging do the different Wards. It was for themselveS and the rest of the Livery. He be- leered their Lott ships would Inve . hardly patience to hear the list read, did the 'wit , le of that great as srmhly subscribe their names. For his part, he was most anxious that the motion should .pass; star, if it did not, another meeting would take place and the Obstacle which now presented itself Would he done away; therefore, when this was con sidered, he did not think there would be any cavil about the wording of the Petition, The LORD CHANCELLOR, with some warmth oh-:' served, that no Noble, Lord should style the objec tion he had made to the receiving any instrument, when not warranted by the rules and usages of their Lordships' House, " a cavil," without his contra diaing him. Did, he not make the objeaiiin which he ha,l done, as Speaker, :he should deem it a deri liction froth his dutf, and so far Criminal in himself. He then repeated what - the Orders of the House prescribed in such CaSei. • The Earl of LAIMBRCIALE did not think the.ob leztion'of the Noble Lord on the Wool4iick so vn- tirely well founded as he seemed to imagine. Was it not frequently the: practice of their Lordships to receive petitions from persons confined for debt, on behalf of themselves and the other &btors confined in the same prison I He Jemembered a striking in stance, namely, et a petition front all the Debtors in Scotland, when it appeared that th e petition was signed only by such es were then conked in Holy rood House. The Earl of Ltvetirooe was 'clearly of opinion that the Petiiimi, purporting to ,be what ,it could `nor he received. The' petitioneis, r,s desig noted in the Petition, had no Vorporate, opacity. The Corporation of the City of London consisted of the Lord -Mayor, 'Wenner), and Commons, 'in Common Council asseinbled. The LORD CHANCELLOR-Raid, he filould feet so strongly as to'the propriety of adhering to the Qt.,. dent of the House in such a case, that "he should call upon the Noble Lord who had preced Jilin on ,• on the woolsack to interfere and 'enforce their Lord ships' Orders.—Petitionefram individualS,.he obser ved, could be received only as from those who ace tually signed. ,Some mutual explanations took place between the Noble and Learned Lord and his Noble, Friend' Lord Erskine., The Earl of RADNoR desired to know how the Entry would stand, were the Petition, as it thee stood, received and ordered to lie on the tabl e . , The Noble Earl wits informed, it would be en tered, " the Petition presented." His Lordship then said he must object to receiv ing the Petition, unless framed conformably to the Orders of the House, A similar sentiment, after some further discussion, seetnitig to be generally entertained among their Lordships, Lord Lemma agreed to withdraw his motion, that the Petition do lie on the table ; and it was ordered to be withdrawn accordingly. The Archbishop of CANTERBURY inoVecl, that the Lord Bishop of ROCHER TER b e 'requested to preach-before the House on Wednesday, the 30th instant, at the Collegiate Chur c h o f St. Peter, West minster ; which was ordered accordingly. QUESTION OF vitoXIF,S. T4e, Order of the Day, upon which their Lor& ships were summoned, for the discussion of this subj , 36l, being rcad--- The Latta CHANCELLOR moved, that the Report of the Committee npotnted to search 'for Prece dents respeeting Proxies, and a copy of the Circular Letter of the Chancellor, written to desire the at tendance of the Lords, by command of the House, be read--"which being dune, His Lordship rdse for' the purpose of bringing for ward to the consideration and for the' adoption of the Hoese, the propositions touching the subjeet of Proxies, of which'he had given eotice on a former evening. Before= he entered rapini . the discussion of the immediate geestion regularly before the Hoese, he made some remarks upon the cases and piece, dents adverted to 'in the Report. He was of opi: nion, that the proceedings and decisions of the House as it• then stood, could riot regularly in any degree influence the decision which their Lordship ' should make, constituted as now, Neel the general sublet 'being brought fully before them. The 111ohIe Lord then adverted to the proceedings which had taken place on a former night, when some diRCHi. sion of the sobjett 'took place while the doors. were closed ; and observed, that he could assure their Lordships he did not know what th e th en state of the Proxtes was, or hew they might preponderate .• on either side; but w hat palled on that tablet COD vinced him that it became this duty to takian early-. and regular opportunity tea call their Lordships' at- - tention :particularly to the subieel. .It admitted of various points of views; but - whatever may be the opiiiiens entertained upon it, he thought it of great • imp o rtance that the general question ehoeld be agitated, and regularly decided on by the House. • What had passed ott the. occasion 'he alluded te,' convinced. him the. more firmly of this, for he 'held it next to itnposeible that any reason could be given, why what had then passed should not be regarded as a precedent. ,There was another rea son which rendered a deeiSion necessary : it ap peared to him that the Peerages ,of England:were, , in those poiuts of view, divided into two claws, viz. those Lords of Parliament who were present, and those who were not e . The whole as Peers Of the realm were vested with equal rights; he theree fore knew of no principle that could possibly be stated,' that the Lords present should alone vole, while their right was withheld ,from those who, happened to be absent. Not a little stress seethed to be laid 'by those Noble Lords who ertertained a contrary opinion that , the assembling of the Houses was as a Convention, and not regu larly as the two Houses of Parliament This ?.p -reared to be agreeably to the fashion of modern refinements, as was the idea that there was, of right, no such thing as voting by Proxy. It ap peared also as popular with some to object to doing away subsequently in a House, what was pre viously voted by a Committee. - But, these notions . or allusions had no weight with him. 'rite history and records of Parliament had long established the righs' of Peers voting by their Proxies. Whether re garded as a privilege or a duty, the right was in-. controvertible. The consideration of the Peers being absent froin the discussions could not be ef feetually urged, when it was considered how very ofteti it happened, that when debates began at five o'elock in the:evening, Peers who contributed twthe decisioe by their votes, did not think proper. to attend in their, places before two or three o'cloCk in the morning ; yet none ever thought this absence from the discussion a ground for. depriving them of their ParliaMentary rights. Even with respect :to the judicial business of the House, it was never held otherwise than that Peers lied the right - of voting, though they never heard a word of the arguments or the facts of the cases.' It was true that such a privilege May be abused, but still the right exists ; but, he repeated, whether it Was either a privilege or " a right, nothing should be done to invalidate it, wel h out the most serious and deliaerate eonsideretion.— That this was the law of their Lordships' House, he colleed from the usage of many, many years spast. He was aware that, Um very remote periods, such as, • the reign of Henry some weit; of summons were issued, which prechid:A the use of, Proxies ;" but hey µ ere not now.tmetubled under any ;such writs,: t hey nue under a regular- prorogation he the' will of his Majesty ; the, 'exercise of voting by proxy W 34 4110Wtd ill all cases, even as he had observed with respect to the judicial business of the House—bat the particular exercise of tint right was a different qw.,- ~ non. The House had in :some instances decided that Proxies shouid not be timed, hitt thishad . also been done by a special teservAtiop of the right—!aut uo &Chien had ever b eu made without a prelimi nary. 'discussion ar previous deternnuation having ' taken place reapeBing the particular cases: 'The occasional practice of the King's license With respeet to this pr ivilege hart long been discu'sscd, and no Mentionwas tinde of it in ,writs for many ) eors past. Upon these general grounds, it was that he had, framed the proposition tie meant to subaiit to their Lordships ; recurring again to what hid been said that the Houses had not been regularly' assembled in Parliament. Against this fallacious idea he Must contend, that, the meeting which took place on the St of November, was in consequeece of his Ma jesty's regular prorogation; that they were the Houses of Lords and Cominons in Parliament essembled— they were assembled by his Majesty's Royal Ant hos. rity, because regularly prorogued to that day. What ought to have been done in this Partiament was a Very different question irom what the Manses were duly authorised to do—but it was important it should be known what they were, viz, the Lords and Commons. in Parliament assembled under his Majesty's Reyal ,Authority. These was no possible plea for calling such assembling a conventionall their rights sing privileges adhered to them; of course, among the rest, that of voting by Proxy. Were it held otherwise, no wilts could be issued tor the elettion of Members ; i hey could not sit. in Committees, or exercise t oeirer dinar,: functions. What he said this for, was to shew that 'the same authority which gave the Lords presenta right to vote upon question's before them, also gave to the Lords absent a right to vote by their proxies; he spoke of' the right—the propriety was another question. In this view, he argued against the justice of finally deciding in any partieular cases, without some antecedent proceeding had taken place against the privilege of voting by proxy ; and after again referring to evilat had taken place on , thee6C casion, when the question was originally agitated, he proceeded to move his proposition, as the suh jels which were 'couched in four Resolutions of some length, the .substance of which appeared to be as foliow4 :—Ttrit upon any question pet by the Speaker of the House, Proxies may he,c illed and counted on, unless in cases where a Standing Older ache House determined 'otherwise.; that upon, any motion being, made - , that ProXieestiall not be re ceived previoris to any question being piat, it should be competent to any Lord to , move the previoes qtsestion upon such motion; 'and that upon taking such decision upon such previous question, th e absent Lords shall be entitled to tote by th e ir Proxies, their being no standing larder to rite con trary, The qucs:ion being put on the first Resoln tion, Time Eatl.of Mot - as rose, and in warm and-ani mated language expressed his hostility to the adop tiort,of the Resolutions proposed by the Noble and Learned. Lord, He said, ,that although it seemed to be regarded as merely a question ()folder, the ques tion involved was of great , magnitede and import • once; at best, the agitation of such a question was siyertitions—there was no necessity for such a die cession, as, in his (Mod, no Lord Whatever called the right ads cried to in question, Ile was opposed to IhFicletrthif*the i4ottse should preelette it- ie jf, as now called upon, from the,means of . adapting Modes of deliberationtO the exipncies of the parti. cular cases. A controul over its own powers con. .stituted one of the'leading excellencies of such as. sembiies as that House; powers, which tuey 'exercised for the interest of the public. Pliny could find no record upon the. loimals of the HouSe, on which such a proceeding as that ; in question: could be urged. It ;Went circum scribe their deliberative'. powers. It was objec. tionable in other points of view NorWithstend. ins the declarations of the - Noble and Learned , Lord, respecting his imputing no blathe to any Lord •for the proceedings of a former night, those very propositions were framed so as to cast a sneer upon those proceedings by a side wind, He wanted to controvert that preceediog, which he - hesitated to do direaly in point ;, such conduct " cl.ampion'd them to the utterance." What gave rise to that proceeding, but the wish of Noble Lords at his sioe, to protect the dearest righti of the people and the country from the blow aimed 'at them by the Noble Lords opposite ? It was unwise in' the extreme to bring f e rward 'such questions ,at this time, a period in which, in his miiid„ jealousies seemed to be entertained.-- (Order, order, from the Ministerial tenches), he vt:_as going to add, that such jealousies were unfoorickci. It was highly impolitic toagitate such questions at this . time. Nothing could be More disadvantageous i the Noble Lord came forward on the oceaeon, " iii rusty and marvellous ill-filvoured armours." That NOble Lord did not seem to b awire of the miss 'chievous tendency of such a dicussion at presenti, he gave. him credit' that he was:not, ,He'maY lasso • a particular object in view, and riot see the extent of evil st hick may lie .beyondthat---the adep , ion of such Resolutions would lead 'their Lordships to a pledge, the extent of which they noty not be aware of. The' Noble Lord seemed to keep back the real state of the questioo on the occasion more that once alluded to—that consideration would decide the question between them. The 'whole teunda (ion of these proceedings was the question i.eheihrr or not Proxies should be given in the then siate,ot the House ? No previous determination'had liters been made, because it could not enivr into .the mind of man'that so gross a proposal tould have been offered ; there were Occastons of such peculiar portence, that much benefit would result from open and public decisions: If this point wits carded, much danger may arise to the best interests of the country ; it., would lead to a traits of injurious consequences that it was impossible to 'say w hero it would step. God,'forbid he should say that his' Noble Friend was . coisscions of the extent of Cite evil i t which may ensue! As to what was said of this he. 'ing a Parliament regularly assembled, he would only ohierve, that Noble Lords opposite seemed to cop. cider it as such, or the contrary, just as it suited the ohjetits' they.'had,•in view. In colici.Aing, be 'lnsisted that the qUeStion now before then' Lord. , 'ships •*al i not, only unnecessary; but in,schleyous, and that in no 'possible view Could it be beneficial. He should therefore move thtt question of . adjuurn. mutt upoi it , in order to give the House the means of seceding those evils, .U,/hich . the adoption of such Resolutiops would lead to, and the injutiOus con clusions that would be drawn 'Own such conduct Oa the part of t heir Ldrdships. He concluded by mov ing, " That this House . do now adjourn." k REGENCY BILL. The Messengers who were sent up by the House of Commons with the Regency Bill from that House e being for some time it) waiting, The tad of LavaaPool, proposed an adjourn.. ment of 'the debate for a few Minutes, in ()Ater that the Bill in question , should be received, and farther' inconvenience to the Members of the , House of Commons avoided. Which being agreed to— The CHANCELLOR of the EXCHEQUER, attended by a great - number of Members twin the Commons, presented the Regency. Bill, desiring the concurrence of their Lordships thereto. The Earl of Ltvattroot. hoped, their Lordships would so far admit of an interruption in their pre sent proceedings as to allow the Bill to be read a first time, which being assented to, the Bill was read ax first time accordingly, when The Earl of ;..aIyERPOOL moved, that it be printed, and read a second time to-morrow. Lord Mo again rose, and repeated his motion " that the House do now ailjJern. Lord Ross argued 'at some length against the rea toninzo ot ,LoO, Moira. He reminded their Lardr' ships that their privileges as Peers were deeply in volved in the present question. They were now sit. ting, and had been sitting since their first meeting, as Peers of Parliament; and they had been sitting. as such in virtue of the last prorogation, as such he conceived their right to vote by Proxy as a right , herent in there as Peers. Tf they had not hen tilt ring 'as Peers of Parliarnent, lig what right or nth°, titority would they have adjourned -from time to come ? By what right did they frank letters ? regretted much the discussion that had taken ,p1.4c4 on a tomer evening respecting this right. That discussiOn turned on points very intricate and per. plexed ; indeed, he was sorry to add, it was hurried into something bordering on con f us i on. If they had been wrong on that I Jecniion, it was thignntioions nod wise to acknowl e d ge and correct their ptror ; if they were right, there was no necessity for the pre. sent discussion. He must warn then), how, v ,.r. strenuously to assert and defend their right of voting by proxy, as one of their mostancient aod privilegcs ; for if they neglected asserting and tecting, on the present occasion, they tiO!.llike.Oit blisn a precedent, of which advantage thi' z ;ht taken snore generally, to attack and invade thoar some foture occasion. Earl MANSEIELD maintained that the - right eat' voting by proxy had been acknowledged and esta• blisued as a privilege of Peers of Parliament alano , t from time immemorial, It was a right which iltd . r Lordships 'possessed in disrinttion from the, Home of Commons, and by the express permission of lib: Sovereign who commanded the advice of the Prey: of the t niter in person, or as signified trough whirl Natl., Of 11,4, the Woitory of the countri. atforded abundant proofs, partieularly in the reigns ofiienry James Vlll. Charles H. and James IL It ~~ I, ,1 ,