The Sun. — London, England, 1822-11-16 00:00:00

TIIE LONDON JOURNALS. I,XTRACTS FROM THE - DAILY MORNING PAPERS; November 16, 1822. [THE TIMES.] ‘ l l%e recommend to the attention of our readers a curious article contained in the Journal des Debuts of Wednesday last.—(Sce TILE SUN of this day.)—The article possesses an official cha racter, and is cautiously drawn up, The first sense ice in it will strike every one : it is this— " The grand question of war with Spain still " remains undecided," (reste toujours indecise). We presume these few words will be found to justify all that we have said recently on the pro bable approach of a rupture. No one can now deny that war was intended. The question of peace or war still remains undecided ! " No declaration," it is added, " no Ultimatum," (an Ultimatum to what discussioirs F . ) " has been sent from " Verona to Madrid !" Has Spain, then, we ask, acknowledged the right of the assembled Congress to administer her private affairs? Has she even an Ambassador there ? But more of this here after. Stilli tis acknowleged in the document be 'fore us, if such we may term it, that though the question of war is undecided, its commence ment is delayed ; and for these reasons (upon which we shall afterwards have occasion to re , mark), that the Royal Family of Spain is found - to' be in a less alarming state of dures.ye than had hitherto been imagined, and that the zeal with which the prosecution of the, offenders of the 7th July had been undertaken by the Fiscal, had been mitigated by higher authority. These al leged symptoms of moderation in the predomi nant party of Spain, have, it appears, had such an effect on the counsels of France, that they may be said to have kept the uplifted arm sus pended, without suffering it to fall. [NEW TIMES.] Every friend to - the real respectability of the Press must have pursued with regret an article in The Mornina Chronicle of yesterday, on the case of SusannaCWright. This wretched and shame less woman, who is a relation and confederate with the notorious Carlile, had been found guilty of publishing a blasphemous Libel ; and she was brought up for judgment, " attended," says The Morning Chronicle," by several females!" Are not these circumstances quite enough to shock every reflecting mind ?—Has any thing like them ever been knaWn before the present times ?. Blasphemy, from any lips is shocking ; but from those of a female it is beyond expression horrible. And yet here is not only one abandoned creature, who has cast off all the distinctive shame, and fear, and decency, of her sex ; but her horrid example has depraved the minds of others, who are perhaps already mothers of families, or to whom the temporal and eternal happiness of a future offspring may be committed ; and these monsters in female form stand forward, with hardened visages, in the face of. day, to give their public countenance and support—for the first time in the history of the Christian world—to. gross, vulgar, horrid bias-. pltemy ! We repeat, this is the first time in the history of the Christian world, that a body of women has defied all shame, and trampled upon ail decency, in so - profligate and daring a manner—in a manner at which the lowest prostitutes would shudder ! It is manifest that these female brutes came prepared, not only to applaud chat the She-Champion of Impiety had already done ; but to hear her load with fresh iusults the law of her country and the law of her God. She had been furnished by some lurking assassin of the faith, and hope, and happiness of his fellow-creatures, with a volume of new atro cities ; and it is because she was not suffered to read the whole of it through—because her as- Sbciates were deprived of some portion of the demoniac pleasure they expected—because the ears of her Christian auditors were partly spared the torture which she wished to inflict on them— therefore it is that The Morning Chronicle com plains ! [MORNING r0.r.11 French Papers to the 14th inst., confirm the expectations which we had formed and expressed, that the union between the French Ministers and the Ultras would not be of long duration, and that the idea of invading Spain would be conse quently abandoned. The secession has already taken place. Whilst the Quotidienae continues to breathe forth the most ardent wishes for war, and to speak of its immediate commencement as of a settled point on which all doubt has ceased to exist, the Journal des Dads, the avoyed organ of the Ministers, returns to its former senti ments, and declares that, with the exception of The case in which the lives of Ferdinand and his brothers should be threatened (which, it adds, they are not), " France must do every thing to avoid and to prevent a war with Spain." It then justly argues " that between two independent mations, the right of armed interference cannot be founded on the fact of one of them having adopted a bad Constitution, so long as it does not seek to impose it on others ; " and that the danger resulting to France from the Constitution of the Cortes " is nothing in comparison to that which would afise from investigating any Con gress whatsoever with the right of supreme re vision over existing Constitutions which have been mcognized in a legal and diplomatic manner." [BRITISH PRESS.] The Paris Papers up to Thursday have arrived. The renles left off on Wednesday at 881. 90c.; they had been done previously - so high as 891. .51k. In the absence of actual intelligence no adverse conclusion is to be drawn from this de cline. It is nothing more than the reaction that may IA expected to follow the impulse given to public, confidence by the refutation of the late warlike rumours, extensive speculation, and a violently agitated market. The . waves do not entirely subside immediately after the storm has ceased. The Jourmal des 'Mats, to a late political article in which is attributed a great portion of the late alarm, has put forth another, but of a very different quality. That Ministerial Print we find can blow hot and cold. The former article was warlike, intimated a design on the lives of the Spanish Princes, and threatened the march of a French army into Spain. In the present article all its fears and threats are forgotten. The personal danger of the Princes is regarded as a very remote contin gancy, and it is declared that an hostile interfe rence in the internal state of Spain, is neither the intention of France nor consistent with her inte rest. [MORNING HERALD.] The most accredited of those French Jour nals, which recently tended to spread the alarm of a war between France and Spain, seem now studiously retreating from their own statements and speculations. The invasion' of Spain is treated as a barely possible, but improbable con tingency ; and the Congress:, so late as the sth inst, had yet agreed upon no Declaration—no" Ultima tum," to be offered to the Spanish Government or Cortes. Ultimatum! the very word is ominous of de lay. how long was the Russian Ultimatum banded between Constantinople, Vienna, and Peters burgh ?—These Ultimata even seem like last wills and testaments, to have the privilege of succeeding and superseding each other, not withstanding the soleciSm in language. In the course of the late negociations in the East, at least three Ultimata were said to have been administered by the Emperor of Russia to the Divan. W e need not observe how long that negociation was protracted, and that the matter of it is still undecided. It is not at all probable that the Sittings at Verona will be equally protracted ; but we think the invasion of Spain, like the invasion of Turkey, may for some time yet remain a matter of doubt and sice culation ; perhaps neither one nor the other will for the present take place. [MORNING CHRONICLE.] Confidence revives gradually in the City, as the late stock-jobbing scheme becomes better un derstood ; but it will take some days before the public can recover perfectly from the shock they have received. The more, Irowever, the subject is discussed, the sooner are the real causes likely to be understood. That the French Ultras have all along looked at the changes in Spain with a jealous and malignant eye, will readily be allowed by those who have watched their politics and seen the great sacrifices they have been making to counteract them. They had, in fact, worked themselves up to the actual con viction that their own political existence was in the most imminent danger, as long as free principles prevailed in the Peninsula, and they determined to root them out by every means in their power. Still they wanted both a sanction and an opportunity for the aggression they medi tated. For the first their Representatives were instructed to apply to the Congress of Verona ; their application has, however, hitherto been vain. The second they considered they had securely before them, when the advices reached Paris that the Infantes of Spain were to undergo a judicial examination, which was exaggerated and instantly interpreted into personal danger to the Members of the Bourbon family, and for the moment the terrified inmates of the Pavilion Marsan had no thing before their eyes but the bleeding figures of Louis 16th, and the Duke d'Enghien. Let us rescue their sacred persons from the hands of their ruffian enemies, was the general cry at the Thuilleries—no more blood of the race of Saints shall be spilt. In short, in the high councils of the Pavillon Marsan an instantaneous war was resolved upon—the fact got wind, and yet the elements with which it was to be waged, or the consequences with which it would be followed, in the hurry and anxiety of the moment, were almost entirely overlooked. As soon as calm and deliberate reflection was a little restored, and as soon also as certain Members of the French Cabinet were made acquainted with the scheme, difficulties arose which before had not been thought of. They were, in fact, of t! e most imperious, kind, and the whole project has ended in a complete and sudden change in French policy. CAMBRIDGE Ex,EcnoN.—The sensation which has been excited by the diversity of pretensions on which the several Candidates of this Univer sity rest their claims, has by no means subsided; and we are of opinion that. it has in some degree increased, by the decided manner in which Mr. Bankes has avowed his principles on a subject of such vital interest as that of Catholid Emancipation. Indeed the sense of the Universty having been so frequently expressed on this important ques tion, it may be fairly presumed, that a majority of the resident members of the senate - will sup port Mr. Bankes at the approaching contest. In. a former paper we stated our perfect convinction of the Speaker's return, had that Right Hon. Gentleman persevered in his canvass ; and we are informed that a considerable number of the votes which had been pledged to the Speaker, have been promised to Mr. Bankes. The other can didates having so long been engaged in the can vass, it might he expected that their relative strength would ere this have been generally ru moured; but from what we have been able to learn, we are not aware that either of them expresses any certainty as.to the result of the election. We must not, however, forget to notice, that the Whigs, with their usual confidence, triumphantly pre dict a majority in favour of Mr. Scarlett. The only possible ground on which that party can Venture to assume such a tone, must rest on the number and variety of the competitors ; for it is well known that the prevalence of Whig principles is comparatively small in the Univer sity. Lord Hervey and Mr. It. Grant continue their exertions for the distinguished honour now in view ; and notwithstanding the diligence and perseverance with which their respective friends second their claims, the voice of public fame scarcely anticipates the final success of either of those gentlemen. We must, however, observe, that although we have, thus endeavoured to col lect the rumours of the day, it is but fair to state, that from the circumstance of the great majority of the voters being non-resident, it is scarcely possible to form a correct idea of the issue of the contest, as it regards the present caudidates.— (cambridce Chronicle, Nov. 15.) LAW INTELLIGENCE. COURT OF CHANCERY, NOVEMBER 15. CONTEMPT OF COURT.-LEES V. AINSWORTH. Mr. WINGFIELD said he understood Mr. Ainsworth was now in Court, and attended according to his Lordship's order. There was an affidavit which stated that Mr. AinsWorth's father was worth 40,0001., but it did not state that any portion of this sum was settled upon the defendant, or pl ced at his disposal. Mr. HEALD appeared for Mr. Ainsworth. His Lordship must perceive that there was no contempt at all here. The LORDCHANCELL on—So far from that, I am of opinion that it is a very gross contempt. The case is neither more nor less than this—The defendant was guilty of clandestinely mar rying, that is, going to Scotland to marry a ward of this Court, He did not know that she was a ward, but the purpose of his going to Scotland was to marry her before she could be made a ward, learning that she_was about to be made one. What sig nifies his offer to make a settlement upon her, unless he tell me what he has to settle upon her ? It turns out now that he has nothing, and I thought it would so turn out. I must inform your client, Mr. Heald, that 1 will not be so treated. Mt. Wakefield stated his case formerly, and here he appears by another Counsel to argue it over again. Mr. PEPYS.—Mr. Wakefield stated the whole case on a former day. Mr. WTAKEFIELD said, he had not read the whole of his affidavits. The LO RD CHAN CE L 1:0 It-Mr. Wingfield read affidavits to me which were not contradicted. I think it was an imperti nent observation to make, to say that he was ready to make a settlement. I asked whether he had any property to make a settlement, and neither his Counsel nor I could obtain any answer. Mr. HEALD wished to explain that he had been engaged to be Counsel in this case, but had not been able to read his brief till last night. The LORD CDAxcELLott—I now understand that he has no property, and had no authority from his father to settle any thing upon his wife. Mr. HEALD said it was not for him to open the case now. He allowed that in one sense there was contempt, as his Lord ship stated, but Mr. Ainsworth did not know that she was a ward. The LORD CHANCELLOR—He went to Scotland to marry her, because he understood she was about to be made a ward. 11Ir. WAKErtELD.—It was not exactly so. The bans had been proclaimed, and they were married only on the Wednes day before the Monday when the proclamation of bans would have been completed. The Loup CuAticEr.r.ort.—l am glad you have mentioned that circumstance. I wish to see the affidavits required to be made by the late act. Mr. HEALD said they would be handed to his Lordship ; but hoped they would not be accused of not understanding that act. The LOUD CHANCELLOR.—This girl had 8001. a year in land, and a very considerable money property. Mr. ITEALD.--Mr. Ainsworth was long acquainted with the family. Her brother was married to his sister. The Lo ILD CHANCELLOR.—I should be happy to hear you, Mr. Heald, but the case is very plain. It is a contempt ; but I don't say that it ought to be visited with severity. But the one party had very considerable property, and the other no thing. The Court will, therefore, take care how her fortune is secured. I remember a case in Lancaster, when the Judge found great fault with me. I was enaged as counsel in an ac tion of damages. I was told on the over night, that if the jury would give large damages, the defendant's father would come down with a large fortune rather than see his son sent to gaol. The jury gave large damages, and the father gave a consider able fortune. The parties were married in consequence. I have no objection to let the case stand over till this day week. But if the whole fortune be on her part, I shall take care that he shall not touch one farthing of it. If the 40,0001. gentle man come forward, it may enable me to make a settlement that will be more for their happiness than I can otherwise make. Mr. HEALD said he heard Mr. Ainsworth say he would settle every single shilling on her. The LORD CHANCELLOR.—He must do more than that, or I shall take care that if she should die, he shall not touch one farthing. . Mr. HEALD.—IIis father had eight children, and this was one of the youngest. He could not, therefore, settle much upon this son. The LORD CHANCELLOR.—That is not a reason for making this girl excuse him from doing any thing. Let it stand over till this day week. THE POTSMOUTTI CAUSE. Mr. HART begged his Lordship's indulgence while he men tioned that there was a difficulty in paying the fees of medical men. He was instructed by the Gentleman who had the care of Lord Portsmouth's property, that there was no objection on his part to the payment of any fees that might be ordered. The LORD CHANCELLOR.-1 can make no order : I have no jurisdiction. In a question of lunacy, though the commis sion should be issued, and a verdict of lunacy returned, the case might be traversed, .and he could not in the mean time make any order respecting the property. Mr. HORNE said, the great difficulty was the payment of fees to medical men who attended on Lady Portsmouth's side. On the other side there was no difficulty. The LORD CHANCELLOR.—If any mode of arittnging mat ters can be found, I have no objection, but 1 have no power in the matter. Mr. WETHERELL said, the medical gentlemen who at tended Lord Portsmouth were not paid out of his Lordship's property. Mr. SICIRROW begged to be allowed to mention, that a no tice had been served upon Lord Portsmouth's bankers and re ceivers to pay no money to Lord Portsmouth. Mr. HousE.—That was in a moment of heat, and had not been persevered in. Mr. Sxruftow was anxious to state, for his own credit as a trustee, and he would make affidavit of it if his Lordship wish ed it, that notice had been served at Drummond's, the bankers, not to pay one shilling to Lord Portsmouth. The' same notice had been given to the receiver. He (31r. Skirrow) then gave a similar notice to the receiver to pay no money to Lady Ports: . mouth. Lady Portsmouth afterwards applied for 300/. This was refused; buthe (Mr. Skirrow) took it on himself to give her that money. She afterwards applied for 700/. He (Mr. Skirrow) thinking that sum too large, ordered 200/. to be paid. She had thus had 6001. That was, perhaps, too little, but she had from the banker 1,000/. The Lord CHANCELLOR.-1 can do nothing in this matter. If Lord Portsmouth is of sane mind, application must be made to another Court. The question before me is, whether he is sane or not; and that question must be determined by such means as the law prescribes. With the view of trying that question, I cannot touch his property at all. It would be another thing if Lord Portsmouth were brought to town, to Mr. Skirrow's, or any other house. Mr. HonNE said, that as they had no means of paying me dical men for going into the country, he hoped the Court would order his Lordship to be brought to town. Mr. SKIILROW said he was willing to do any thing that might depend upon him. Mr. H ORNE did not at all mean to put it upon Mr. Skirrow to get this done. Mr. SKinnow said he was anxious, and it was but justice to Lady Portsmouth, to make affidavit in answer to unjustifiable and untrue statements that had been made of Lord Portsmouth. For that purpose he wished the case might stand over beyond Monday. The LORD CitaxcELLon. , --Why might you not now get those affidavits ? You may now prepare your affidavit in answer. Mr. flonNE said, he made no objection to that, on the part of Lady Portsmouth. Mr. FRANCE (Solicitor) said, that as to advances of money, he was sure Lady Portsmouth would advance so far as it was in her power. The LORD CHANCE i.Lon.—l have no power in that respect. If she say he is of sound mind and will not give money, another Court is the proper place to go to. Mr. IlouxE.—We don't believe that Lord Portsmouth re fuses. We say he is of sound mind, and has not refused money. The LORD CHANCELLOR.—The application here is to issue a writ de lunatic° . inquirendo, and in considering whether that writ should be issued or not, the Court has no authority to touch one single farthing of the property. Don't lct me be under stood to say that advances should not be made : but there are so many points in the case with which I have nothing to do, that perhaps no case ever came into Court in which it was neces sary to be more careful. If any arrangement can be made by which Lord Portsmouth can be brought to town, I agree to it. Mr. Sicruitow expressed his willingness to assist in any ar rangement for that purpose. Mr. WETHERELL thought that if the case should not come on on Tuesday, Mr. Scarlett might come on that day to argue the case of Beer and Ward. 31r. HORNE thought it quite impossible the case could come on on Tuesday. The LORD CHANCELLOR—The object is, that the ease should not come on before all the information necessary is in Court, 'and then that it should not be delayed a moment longer. The pressure of it upon my mind is very great. I am under the necessity of employing a portion of my time daily to keep my memory of the facts alive. Affidavits were filed the other day upon which, without givizig any opinion now, some very, important observations arise. Mr. HEALD wished his Lordship would fix some day.— Counsel felt some of die difficulty which his Lordship complain. ed of, respecting the recollection of all the facts in the case. If a day were peremptorily fixed, it would facilitate the arrange ments. Mr.WE THERE LI. said this could not be done, because it might be necessary for them on his side to file affidavits in answer. Mr. HEALD said that was no reason why a day should not be fixed. Mr. PEPYS remarked that they were now met by a new case. Mr. HORNE and Mr. HEALD denied that it was a new case, though new evidence was given. The LORD CHANCELLOR.—I think you should file your affidavits within a given time and a reasonable time ; but in a qtestion of lunacy the Court will not be precluded from receiv ing further affidavits. When do you think, Mr. Horne, you will have all your affidavits filed, with the exception of those of the medical men ? Mr. HonNE.---I think to-morrow, Mr. France, the Solici. tor, tells me so. The LORD CHANCELLOR.—If so, you can be prepared to mention to me some practicable arrangement to moderate the expences of the medical men. • 111 r. WETHERELL.—If the case will not come on on Tues day, Beer and Ward can be fixed for that day. The LORD CHANCELLOR.—This is a much more impor tant case. It is necessary for all branches of the family to have this question decided as early as possible, whether a commission shall be issued or not. HODGES v. LIODGES. This was a bill filed by the son, praying to be relieved from an obligation he had entered into with his father-to pay an an nuity of 1001. The circumstances of the case were shortly these :—That by a settlement made to that end, an estate to the annual value of 1001. was remitted to Thomas Hodges, the father, for life, with remainder to Mary his wife, and from her to her children ; that on the f a ther becoming bankrupt, the eldest son had purchased of him the life-estate for 2,0001. The question was, whether the father was at liberty, for his own benefit, to dispose of his own interest for a pecuniary consider. ation to one of his children, to the exclusion of the rest ? Ths LORD CHANCELLOR said, that the Court, acting upon general principles, protected children against any undue in fluence, which could be checked but by the general application of some general rule. The only circumstance, on which there rested a doubt in this case was, whether the wife, joining in the execution, enabled the father to do what by himself he could not have done, and then, whether acting so conjointly, whether the father and eldest son could exclude all the other children. This it would be difficult to maintain. But as great poverty was alleged, it was an additional reason why the case should be well considered ; and therefore, in order to ascertain whe ther any of the other children, or all of them, came into the arrangement, it might stand over till Monday. COURT OF KING'S BENCH, Nov. 15. This being paper day, the Judges were occupied hearing special arguments. ATTORNIES AND MAGISTRATES. CONE V. COLERIDGE AND ANOTHER. This case came before the Court on a demurrer to the replica tion. It was an action of trespass and assault brought by an attor ney of Honiton, in the County of Devon, against 'Magistrates of the same county, for forcibly turning him out of the justice room during the examination of a person named Brown, charged with felony, on whose behalf the plaintiff was retained as his legal ad viser, to conduct his defence during the investigation. The prin. cipal question raised upon the pleadings (and one of vital import ance to the administration of justice) was, whether an Attorney of the Court of King's Bench has a right to attend before Ma gistrates on behalf of a client charged with felony, and as his legal adviser to assist in the cross-examination of the witnesses for the prosecution, and in the examination of witnesses for the defence ? A further question was involved, namely, whether any person has a right, without regard to any professional cha racter, to be present at, and assisting a prisoner charged with felony, or any other offence, during his examination before. Justices previous to commitment for trial ? Mr. COLERIDGE, for thedefendants, in support of the demur rer, maintained the negative of the question propounded on two grounds,—lst, On the authority of two decided cases, Rex v. the Justices of Staffordshire, 1 Chitty's Reports, 217, and Rex. v. Borron, 3 Barn. and Ald. 432, where it was held thaean attorney has no right to be present for a defendant before the Justices on the hearing of an information on the Game Laws, or in the-in vestigation of a charge of felony against a prisoner ; ; and 2d, That this right was equally insupportable on general principles, regard being had to Dalton's Justice, c. 164. p. 407,. ; Hawkins' P. C., b. 2. c. 15. s. 1. 4.; Blackstone's Commentaries, b. 4. p. 126. ; I Ric, 111. c. 3. ; 3 Hen. VII. c. 3. ; 1 & 2 Phil. and Mer. c. 113. ; 31 Eliz. c. 4. ; 4 Jac. 1. c. 1. ; 1 Anne, s. 2. c. Y. ; Hale, P. C. b. 2. c. 8. p. 61. Id. c. 22. p. 157, &c.— As to the latter ground, he urged that it was a matter of discre tion in the Justices, whether they would or would not permit a prisoner under examination to have the assistance of any legal adviser, or to endure the presence of any stranger to the subject of magisterial inquiry. On the authority of the Statutes re ferred to, and the commentaries of the learned writers thereon, he insisted that in cases of this peculiar description, a Justice of the Peace was merely a Ministerial, and not a Judicial Functionary ; and, therefore, regard being had to the pub lic welfare and general police, he had a right to institute his magisterial investigations secretly and in private, to the exclusion of all parties but those immediately concerned in the inquiry, who, from their knowledge of what occurred in the Justice-room, might, from communication with others impli cated with the party immediately under accusation, defeat the ends of public justice. In the course of his argument he relied upon the dicta in Dalton's Treatise on the Practice, Duty, and Power of a Justice of the Peace, in which it was broadly laid down as a principle, that a Justice of the Peace was bound to commit a person under accusation of felony, without bail or mainprize, though he was convinced beyond the possibility of doubt, that the party was innocent of the charge imputed to him. Upon the quotation of this last authority, Mr. Justice BAY LEY interposed, and said that this could hardly be considered as law at the present day. He apprehended that no such duty was imposed upon a Justice of the Peace, awl that such an offi cer was bound to discharge forthwith any person charged with an offence, against whom'he thought there was no reasonable evidence to justify a commitment for trial. Mr. DENMAN (the Common-Serjeant), in an able, eloquent and powerful argument on the other side, insisted upon the dan gerous tendency of the propositions which had been maintained, as they effected the liberty of the subject, but more especially as they regarded the administration of justice. As to the authority of Dalton, he said it was only necessary to state the dicta which he laid down, in order to shew the gross absurdity and dark ignorance which had prevailed in his time, respecting the office of Justice of the Peace. Indeed the grossness of such dogmas was so obvious, as to call down the animadversion of the Court, the moment they were stat,cd. With respect to the cases cited, one was the obitur dictum of a single Judge, not immediately bearing upon the question before the Court ; and the other was foreign to the question now under consideration ; and therefore both must be left out of view. Upon the general question he urged in support of his argument, first, that an attorney being an osten sible officer of a superior Court of Record, who must be pre sumed to have competent skill in his profession of the law, had a right to be present in attendance upon his client, aiding him by his counsel in a matter where his liberty and his life were in jeopardy ; and that in his character of an attorney, a Magistrate had no authority to exclude him from an investigation in which the party accused was prevented, perhaps, from his ignorance, inibecity, or physical infirmity, from submitting his case to a just decision of the Magistrate ; secondly, he insisted, upon general principle, that in all cases, proceedings before Ma gistrates must be public ; and that, without regard to the pro fessional character of the individual, any person capable of giving advice and assistance to the party accused, had a right to be present during the examination ; and, thirdly, he urged with great force the necessity, as regarding the interests of public justice, of permitting the most open and public exami nation of all cases before Justices, where the liberty and life of the party under accusation were exposed to peril, from the con sequences of a secret adjudication, upon the discretion of Jus- tices, who might be influenced merely by the positive oath of interested prosecutors. He entered into an examination of all the different statutes which had been cited on the other side, and contended that their provisions did not militate against the argument which he was called upon to support. Mr. COLERIDGE, in reply was stopped. The whole Court expressed their opinions seriatim, and inti mated that the case upon the pleadings was so clear as not tore quire, on their parts, further deliberation. With respect to the dicta in Daltoo's Justice, they were unanimous in declaring that that was not the law of the present day. This, undoubtedly, was a novel question, and must be decided upon principle.— The point for their immediate decision was whether the plain tiff, an attorney of this Court, qua attorney, was entitled as a matter of strict right, to be present as a Counsellor during the personal examination before Magistrates, of a person charged with felony ? They were clearly and decidedly of opi nion, that an attorney had no such right. The books of authority and all the statutes respecting the office of a Jus tice of the Peace, were utterly silent upon this subject, and such a right had never been yet recognised. The office of an attorney, necessarily imported from its name, the case where a party could not appear, or was exempt from appearing in per son, in which cases only an attorney, as the representative of the party, had a right to act on his behalf in his absence. This was the case of a man whose personal appearance could not be dispensed with. Upon general principles, however, convenience, humanity to the party accused, and the interests of public justice, require that such a right should not be recognised in any case which was the subject of inquiry before Justices. It was true that Justices of the Peace, in the exercise of their discretion, very frequently required the assistance of persons learned in the and law, in the investigation of cases brought before thenicns 0 , 5 that they very often permitted the presence of such ferrtrates M a matter of indulgence. But in this respect the agi' to had theadiscr privilegeetionto a exerciandse, terofright. were Clearly,clearlyitht e l la concede : I in the discharge of their duty were not acting as. pd n and in this respect their office was analogous to that of a I. 11 : d a Jury, and it had never yet been suggested that an attorney right to interfere in any way with the functions of the la tter tr '1 r bunal. slhnotld mierncoytthoethceonperiesdedone,r,hietcawuasseofifilanportance t hat sa a right permitted to the prisoner, the prosecutor Woulelfahaadv claim and exercise the same privilege, and of calling' in the arty of an attorney to influence the Magistrate against the P accused. In cases of this description, the Magistrate Was nri'„ a Ministerial officer, which made all the difference, and in, Lf: exercise of his discretion he was bound to discharge his ou, uninfluenced, and unshackled by the interposition of strange!.: to the subject of his inquiry. On these grounds they we re clearly of opinion that the alleged assault committed upo.n plaintiff was justified by the plea, and therefore they gave ment for the defendants.—Judgment for the defendantS• CHICAITERY. the The COMMON SERJEANT moved to strike off i rorn rolls two attornies in partnership, for permitting a Pe rs o c ar . not an attorney, to use their names in the practice Of an a le t° ney, for his own emolument ; and also moved for a ru_,, to shew cause why the latter person should not be comlnitt'sa the prison of this Court, for such his alleged contempt. b a d eviitsrierhvrtaito: names were mentioned, but the Learned Counsel said he„,, l t full affidavits verifying the imputed malversations.—The uP" granted the applications in both instances. COURT OF COMMON PLEAS, Nov. 15. typAre The Court heard motions at Westminster until between t and one o'clock, and Mr. Justice PARK s a t at Nisi Pri us "- :t. Guildhall, to try some Common Jury cases of no publi c inter CONSISTORY COURT, Nov. 13. fe91133°. No business was transacted this morning, excep a t A -- s i n• g tions in the ordinary course. One or two sentences ar e - ed for the next Court day. Extract of a Getter from the Gentleman who took th e charge of the Emigrants inlli& er Canada. le; " Lanark, in nada Set. 5 , " I am glad to be able to state, that the Lapnarkswhireeeho grants have surmounted their greatest difficulties ther,4s been an abundant crop in the settlement and plenty Pr e , be with all who were able to work and exerted theniselnev assured they are happy and contented. Upon the whul..„ e e " sidering the description of people who came out, the `, for ment has succeeded better than could have been expect e "' 0 many of them, from age, infirmities, and former habit* en , very unfit for such an undertaking. Some a ppear to t l i t ta tes; tered the societies solely for the purpose of getting to trie .. '_-60t. they abandoned us after receiving the first and second in,,su" There is a considerable manufactory of coarse wow', ports cottons, and cotton _yearn spinning, carried on innan . , 1 4 , tt iera of the State of New - York. Last summer mer many of tto of the year 1820 went to these places, 1 and 200 rniles,a l ,, s- i ja v ;be obtain work, as the means of supporting their fainwil g .ss - itt interval between planting and reaping it wo only ~,1 1P "- a o iso that forced him ; they prize their lands' too high W them. Other emigrants who came here on their ow n ,, - tht and there are a great number, have generally done bet „; - ' he t. the society people, and perhaps on less means; ter taken care of when hardly earned."—(Glasp ro Nov. 12.) REMARKABLE CIRCUMSTANCE.—YeSter A 7,11.:y ift servant of Mr. Pope, saddler, of this cl ?,;or , cleaning some herrings, w hich s h e had jus' ia rge chased, found in the belly of one of thern) a t ; of gold ear-ring! This t r ink e t a pp e ars to - 00 ; foreign manufacture, and is in good presero': f t he it is now in the possession of Mr. Cole/ r , Crown - and Sceptre Inn, North-street.--- - ( Ps Flying Post, Nov. 13.) Ear l ° ( Among the passengers on board the fr o Buckinghamshire, lately lost on her voyage tie Quebec to Greenock, were a family of N e n - p ith, of Kirkwood, belonging to the parish of 1-1 ; is in Ayrshire. Kirkwood went out to Qu e , be ; e ar", 1820, and his family followed him nex t tior when they settled on a piece of land below . o s y bec ; but it not answering their expec is t ati s to they sold all they bad except their cicni e t , 4 the take them home, and took their passage wag above ill-fated vessel. When the shi,P pr e lu wrecked, he, his wife, and four children, 7, 0 1, bed, so that they lost all their clothes and fi r d a is except their night-clothes. They were ni" t he on the wreck, and thirteen days on bo ar ec i cy Mary, Capt. Bane, who took th e m off the one before they reached Liverpool. Some h uel ebe. Gentlemen in that town having procured clat _ft for this family, and a little money, they are about to return to their dea r native 11°°3e. (Glasgow Courier, Nov. 12.) . COAL-MARKET, Nov. 15. pr i ce , od Ships at Market. Ships sold Od 5°6 19 Newcastle - -39 s 6d to 469 10 Sunderland 9 . 378 - - --- COURSE OF EXCHANGE, November s ' o. F, Amsterdam Ditto, at Sight Rotterdain Antwerp ti 5 e i (lb Hamburgh 5 0 Vg. Altona , Paris, 3 Day's sight o , Us. Ditto Otis`,. B ourdeaux, ditto Frank forton the Main gf rotio Madrid Cadiz Bilboa 36i • R Barcelona ... Seville . ........ Gibraltar Leghorn 47i 1...... 50 Ger.tia 43 -Venice, Ital. Liv. V Malta 45 -Naples ...... .. • • 39 er OP Palermo Lisbon Oporto Rio Janeiro Dublin .... 9i . C"I" •9i pei Cent. BULLION. . ott ° lg : • Portugal Gold,in Coin . 1.0 0 1 7 o Foreign Gold, in Bars 0 0 ‘1 i 1 New Doubloons 4 't 'New Dollars Silver Bars, Standard _____ i.....) ii.....21_,i................./'•--' BIRTHS. • s burr • of Yesterday, the Lady of George Bishop, Esq., Jobe place, of a son. On the 15th inst. in Bedford-row, the Lady,clf"'"-- lum Scott, Esq., of son _____._--,—,------ MAR It LLD. iirdl ian' • ru o ie n rs lir n e c d . h n a e p sda ma y n, la ß s . t A ,..at o G fs o t d . m . joahnnch,sesctocriie:,R..g.r, Joon: b L a o n r - i d a G nd w3 S: d w ir in , es t, t ) ea Etlii-zaan:l'edloamesetstdicauegh,i;Ltpelrai:i i of D Edward 31a of . Esq. of the former place. Ems' On the Ilth inst., at Cranbrook, Thos. Woollett, London, to Miss Mary Haffenden. of Cranbrook• to the Right rtio, inst. t s .t t .,h , ae in t Cc h oo i , s un t n n e d S t h i l i - J e n a:l s l a : 3' i ntBitit ----- ----- ----- ---- hc .1) 0:.,y 1 le.ElE:Drs,siet.hx Normandy, Stilted broke Hall, B.A. 1755 ill y .A 1758• aged 29, Lieut. Rich. Brownsmith, of the 6th Regiment of Foot. ge j-60 , On Wednesday, at Bath, after a lingering illne ss ' i 'ble spa Mr. Egan, who for nearly 30 years had been a espeet„,, highly respected Member of the Bath Theatrical ConiPn'tAnt,' 12th ° l o op At his house in Sloane-street, on Tuesday the in his 82d year, the Right Hon Wm. Lord GrAntley, _. of Markingfield, in the county of 'York, Lord High SMa. Athertonshire and Guildford, Colonel of the First rd Zip r ou.V. rey Regiment of Militia, F.S.A. &c. 1° - r dl7l th e Rev. Charles Orllgf. ceeded to the tides and estates of his father the late If h &pia , year 1788. His Lordship held for many Year s l i gnt titre s andl:eril °f made situation,and represented in Parliament a t d' .., :s loa the County of Surrey, and Borough of Guildford. .n 2 yortilil, ship is succeeded in his titles anti estates byet,-senie Esq. the eldest son of the late Hon. Fletchar Nortr, who B on of his Majesty's Court of Exch e q uer in Sotial - was second brother to the late Lord. the S Vl ' w Printed and Published for the Pnorntrroits, 14_ t• 'Office, No. 112, Strand, by J. 13. CAST Atti 2-1 1 UM] ► "IC tin I,Is G five IVotice, they will Ge a nel treat For baviti e , of denienaered " th e Place Qgainit each telf ast, ari 1(41R ewrY qati, s t ° ll an( Li nd a )! qe, 'nflerry I. e i; t :"tk t,., Leith u h illhur e t or b e Condi 'lt /I Q,Pi#4 ot stckin, dp e e . i ftUt 6e eZ t tren '44 't red P 6er,oe ad :zee( "' en th e 4 th e b . l Ph, P n ers c as vAc mu; pr POT 'he u►ons tistanc 'kli et e ,, t `ers di EC "`~•.. Iv I, HE 1 th, V 1 a fetN EST k‘eli ww of ~ ,,.) r i sp, 11 ) . LIT 'cal Ani In Ai • tar NAlt of h it ( "rtake ] t o e( h er sub, t 1 _ ." , br g;_ r ri 1e 4 0 " . !:$ S`' fre xi X 1 1 1 e, N o ,( 1 A be b h , ICA ; 0 4 edi „, 4 vv, sine l'" A . 8 .-1 ,a• rt „ , Sw an ' s a 1, II Jo I.f4t,Par 4 44' AI 411 4 e Y titt u Z( kt: 1 ,44, ti 4 14 , 441 I t D r t i er s bo ill 4 llEl fk l 4 kk ic