The Sun. — London, England, 1817-11-21 00:00:00

•_: .' ~- I - 4 1 ck ()z , 1 11 noai rt- th black iscotu Wood , ipd, V. it. San' I A• ig'itten, - ate stre o h Chapel' Chapels 'ere are Crowd' Tar( 111'3r %Vesr.-! crowd urn uo' s of the ob solemn :an CA' :.11 at hi, ur f ~ , e(1 the )Uhl sec )f royFil 11 as on ootror• rval Vr node 0 1 rdinarY f a rope ith the fl prac z. that •Lich is urn. the of the solema in tbe by WI1;6 1 rejig( Ito lih;!rS ; former re suck up the to tk:t C 1 HS ill ed for 4s the y lvit li Hann- The int(' ni use.- iscoo- L:lergt evcry S day" bells relies* , whicAL O! lief T and. imur; Every' us hil •cd le se. 'C i 1.14 iutin4 none ~>inte~t t re l ics , ct! titi ,r ed ia S a lid ids of d the Halo Spa- , Hi4l) ACTA irocf3 : tear .ches, were liar- arrd I 3 ueu- n in -1 hut !icittS. 11,10: awl rt 1Y;15• ferr' zgc- The , for tcer-- ~un-• awl as { ---~ ;reat Si),: dter, loolt bas . 11(1* )ce-1 NUMBER 78671 R. WEST has the honour to announce to the NOBILITY and the PUBLIC, that, under the immediate Patronage of his Royal Highness the Prince Re gent, the EXHIBITION of his New Picture, DEATH ON THE PALE HORSE, will commence un MONDAY NEXT, the 24th of November. No. 125, Pall-Mall, Nov. 21, 1817. CLERGY ORPHAN CORPORATION, SAINT JOHN'S WOOD, MARY-LE-BONE PRESIDENT, The Rt.lion. and Rt. Rev. the LORD BISHOP of LONDON. VICE-PRESIDENT, The Right Hon. LORD KENYON. AQUARTERLY GENERAL MEETING of the SOCIETY for Clothing, Maintaining - , and Educ-at , ing Poor Orphan Children of Clergymen of the Established Church of England, until of Age to be put Apprentice, will be holden at the Freemasons' , Tavern, Great Queen-street, Lilicoln's-inn-fields, on TUESDAY, the 2bth Instant, at Two o'Clock in the Afternoon precisely. J. B. MORGAN, Secretary. TO BE SOLD BY AUCTION, Jay Mr. SOTHVBY, Bookseller, at his House, 145, Strand, apposite Catherine-street, on MONDAY, November 24, an,l Three following Days, at Twelve o'Clock, H E Entiri! LAW and MISCELLANEOUS LIBRARY of the late C•• ;ARLES BOWMAN, Esq. of Owls -hill, near Buotingford, Herts. To he viewed, and Catalogues (price ed.) had at the Place of Sale. THE LOTTERY. NEXT TUESDAY, NOVEMBER TWENTY-FIVE, Zs appointed by the LORDS of the TREASURY for the COVMENCEMENT of the DRAWING of the STATE LOTTERY. an,l J. SIVEWRIGHT take the earliest ItY • opportunity of informing the. Public, that the Draw ing of th e sTATE . LOTTERY /which was postponed by Or der of Governmen', in consequence of the lamented decease ti her Ro y al Highness the Princess Charlotte,) will corn toence on ITTESDAY NEXT, 25th NOVEMBER. The Scheme contains SIX Plt'si,S of 20,0001. besides Other Capitals, and there are More Prizes than Blanks. ...and Shares are Selling in great variety by J. and J. SIVEWRIGirr, Coruhill, - 38, Haymarhet, 11, Holborn, And 141, Oxford-street ; Where in the Last Lottery, No. 2,377, a Prize of 20,0001. *as Sold in shares. NeXT TUESDAY, NOVEMBER TWENTY-FIVE, STATE LOTTERY WILL COMMENCE DRAWING. •tHE LORDS of the TREASURY, in con sequence of the recent afflicting - Calamity, having by their Warrant commanded the Postponement of the Drawing . "f . thg state Lottery, which was to have commenced on the 7th Instant, have now directed it to take place on the above day. G. CARROLL, Contractor. The particulars of the present Lottery are well known. Its rsierits have secured the approbation of the Public, which will always attend a Lottery . that possesses More Prizes than Blanks, and contains besides SIX PRIZES of 20,0001. It may, perhaps, be as well to observe, that as the Draw ing of the Lotttery has been postponed till the vitt; N oe . those oer , :oos who may purchase before that day will be in The saito• •nat ion and have the same advantages, as if they hadpurciii,seed before the 7th Instant, (the original day of `Drawing- ) TICKETS and SHARES are again on Sale at the Offices of 17; CARIZOLL, the Contractor, 7, CORN HILL, and 26, cc roßD-sTREET ; where 7,733, the last Prize of 60,0001. ever drown, was sold in • Shares. triar,.._ 4 _, iv SALE OF ESTATES. FREEHOLD ESTATES, near CORK and LIMERICK, of the Annual Rent of NINE THOUSAND POUNDS. BE SOLD BY AUCTION, /17 Mr. HENRY PHILLIPS, at the Commercial-buildings, Dame-street, Dublin, on THURSDAY, I ith December, at Eleven o'Clock, and following Days, in Lots, (By Order of the Trusties), QUNDRY Valuable FREEHOLD ESTATES; part of the fertile and extensive DOMAIN of the Right Lion. Lord Viscount COURTFAAY: comprising the several beriorninatioLs or Farms, called Rallygullein, Kilmoy,Gur raties, the Village of Ilahornag - 1), Carrugare, Drornadda and part of the Town . of Attics. Guttnagross Tooradoo, Clash, Cool, Real, Crattalac, Ballyheley, Dromtrasna, Coolano rule, Ballymn! risheen, Coolal;okerry, Killruddane, Bally lave, Danganiteg, and •ihanrath, containing upward of THIRTEEN THOUSAND ACRES of ri c h and fertile fattening Dairyand Tillage Laud, esteemed the most pre , luctive of anv in the Kingdom, with their Farm houses and- requisite Out-imildings, eligibly situate contio-n -ous to the Post and Market Towns of Newcastle, Rathkeale, and Chartevil!e, .situate about twenty Miles from Limerick, thirty front Cork, and sixty from Waterford : and which Ci ties and Towns afford a never-failing Market fur the Produce of the Estate; let to respectable, residing, and improving Teetauts, at Bents amounting to nearly NINE THOUSAND POUNDS A-YEAR. May be viewed by application to E. Carte, Esq. at the Mansion-house, Newcastle, where particulars may be had ; also of the Printers of the Cork, Limerick, Belfast, Water ford, Galway, Cadisle, Glasgow, Whitehaven, Matt eh-ester, Liverpool, and ;lirewsliory Newspapers; at the Commereial-buildings; and of E. Tierney, Esq. Fitzwilliam street, Dublin; the Inn .at Holyhead; at Messrs. Smith and tioskins's, Lincoln's Inn ; at the Auction Mart; and at Mr. Phillips's, 73, New Baird-street, Lo,tdon. MEDICINE. LOCK AND SURGICAL : DISPENSARY. His Royal Hig,liness the DUKE of YORK, President. SUE:GEC/IV—Mr. Kiernan, Member of the Royal College, London. Govern+was—Earl of Egremont, Earl of Leitrim, Hon. Col. J. Barry, M.P. John Latouche, M. P. rrHE Royal and Noble rations of the above I:Nis - 1111)1'10N, for the exclusive Treatment of VE NEREAL COMPLAINTS, and their, daogerous consequences, in order to insure the benefits that have resulted from it, se lected Mr. KIERNAN as its Surgeon, (standing high on the list of the Royal College) from having directed his chief at tentiun to those diseases. It is the misfortune of Patients under such complaints, to he too often the dupes of illite rate Prete.o:ers, who practise on the credulity by imposing, titles and specious promises. Against this class (of late so tinmerous and daring), Mr. Kiernan conceives it a part of his official duty to caution the by pointing to the List of the Royal College, published in February ISII - ;, as the only sure guide, and that:no assertion of Persons assuming such titles, and publicly advertising them, without being sanc tioned by this List, are to be credited. The annual reports of the Lock Dispensary will prove, that some of the most dangerous cases of Strictni es, Debility, and other supposed incurable affections of the Generative Organs, have been here radically and successfully treated ; facts which require no hackneyed testimony of affiiavits to prove, but the most re spectable Medical eviderKe. • Mr. KIERNAN may be consulted as usual, by both Sexes, at his, house, 2!, Lower Charlotte-street, Bedford-square, where Letters from Town and Country ire to be addressed, and the necessary Advice and Medicine will be given, or sent, to any part of the United Kingdom. Just published, price 4s. Second Edition, Practical Ob servations on the above Diseases, by F. Kiernan, and may be had at No. 174, Fleet-street, No. 20, Paternoster-row, and NO. 10, Crown court, bubo. L*. ',- 4 .- ..... ~ . .... ~. ~ ....... , Qqvliii /1/ „,,,,,, 7 - 8•,,, , ,,,, -- , ,-.-. , A , ,,, , ,y., ; ,,.f_---- ~_.- = - - _,l_a(4-9,1--p , S -___---,--, \ cw,,,....,:f.- .:-_-;-----\,-,, ,;.--,:-.• .:.---_- ,-,,,,,z z ,.......k - // iiiiiA " Alp FRIDAY, NOVEMBER 21, 1817. PUBLICATIONS. This Day was published, A LETTER on the NECESSITY of a PUB- L.' LIC INQUIRY into the CAUSE of the DEATH of her Royal Highness the PRINCESS CHARLOTTE and her INFANT, as it appeared in THE SUN Newspaper on the lSth, together with some Additions. By JESSE FOOT, Esq. London : Printed for J. Walker, 44, Paternoster-row. THE QUARTERLY REVIEW, No. XXXIV. will be PUBLISHED on the FIRST of DECEMBER. Printed for J. MURRAY, Albemarle-street. On Monday, December 1, will be published, in Three Volumes, • MANDEVILLE ; a Domestic Story of the Sertnteerth Ccqttury. By thy AUTHOR - of "Caleb Williams." Printed for Archibald Constable and Co., Edinburgh : and Longman, Hurst, Rees, Orme, and Brown, London. This Day was published, Handsomely printed in Post Quarto, price 2s. By Baldwin, Cradock, add Joy, Paternoster-row; and C. . Chapple, 66, Pall-Mall; A N ELEGY to the Memory of her Royal ..1:11L. Highness the Princess CHARLOTTE of WALES. By Mrs. COCKL.E. What ! tho' short thy date, Virtue, not rolling Sons, the mind matures. That life is long, which answers life's great end. YOUNG. THE LATE SOLEMNITIES.—HONE'S EDITION. This Day was published, In Octavo, for universal Circulation, the whole of the Burial Procession and Obsequies, with Engravings, price Six pence, 411OST CORRECT ACCOUNT of the ,FITN:ERAL of the . RINCESS CHARLOTTE, in St. Georg•e's Chapel, Windsor —Alio, ATTTHENTIC 'IEMOIRS of the LIFE of the PRINCESS, with fine Portraits. price 6d.—And AI 7 THENTIC PARTICULARS of her DEATH, with En gravings, price 6d. Printed by and for W. H6ne, 67, Old Bailey.—Conntry Orders for either the " Life," " Death," or " Funeral," of the Princess, should express " Hone's Edition, price Bd." FOR THE SUN. Salisbury, Nor, 19, 1817• MIL EDITOR,—As I perceive in your late co pious extracts from Provincial Journals, you take no notice of Salisbury, or the feelings which have actuated the inhabitants of this City, in the uni versal gloom and despondency which pervade the whole British Empire for our irreparable loss, 1 am induced (fearing you, like many other persons, have formed an erroneous opinion of the loyalty of this place) to give you an account of the effect the Death of our beloved and ever-to-be-lamented Princess has had on our behaviour. From the day of the arrival of the fatal news, there has been one teJnig alone manifest—that of deep tie• jeCtion ; rite mourning is as universal as deep ; even many of the lowest mechanics, out of their scanty pittance, have found wherewithal to pur chase the exterior of woe; and, if we may judge from the " dejected 'haviour of the visage," the inhabitants at large have, indeed, " that within which passeth show." All amusements of every description have ceased ; the Fete which the Mayor annually gives on his election to the Town and neighbourhood, has been postponed, sine die; -and the Body Corporate, with the insignia of of fice, and their robes bedecked with crape, attend ed Divine Service this day at the Mayor's Parish Church. The Churches are all hung with black, the beds tolling, the shops closely shut, and every thing, as well as person,. bears the marks of the most unfeigned sorrow. The inhabitants of this City and Close tecl the loss with redoubled force, her late Royal Highness having .been personally known to ►nary of the latter place, and seen often by most, if not all, of the inhabitants of the former, in her journies to ar:d from ‘Veymouth, and her visit to our reverend bishop, and they can all bear witness to her gracious and endearing eon descentions on those occasions. Mr. Editor, 1 have been thus minute in my at tempt at describing our sorrow, more particularly for the purpose of refuting those calumnious as persions, which persons, for effecting their own nefarious ends, have thought proper on, many oc casions to cast on the loyalty of this ancient City., On the first view of things, I grant you, it looks a little suspicious that their aspersions are not without some foundation, both our Members be ing in the constant habit of voting in the mi nority, and bne ot them, Lord Folkestone (to say the least), being a violent oppositionist. But, Sir, I assert, and can, if necessary, prove my as sertion, that by far the greater number of Citi zens, and all the most respectable part of them, are staunch Government men, firmly attached to their King and Constitution ; and 1 have no hesi tation in saying, that if the sense of the Citizens at large were to be taken on the subject of such vital importance to their dearest interests, viz the Election of Members to represent them in Parlia ment, instead of its being.confined to an aristo cratic body ot 54, the Noble Lord would pot, with all his interest, be returned again for Salis bury ; and the country would be convinced, by the choice of the Citizens, that this ancient City is not to be surpassed by any in his Majesty's Dominions for true loyalty and affection for its beloved King and his august Family. By inserting the above letter in your widely circulated Paper, you will oblige a constant Reader. FOR THE SUN. MR. EDITOR,-1 will pay to your candour a fairly deseried compliment ; and request insertion for the following observations, even though they militate against your own opinion, avowed very plainly, and, as I expect to prove, very unad visedly. It rather surprises me, Sir, that a man should hastily deliver to the world, especially tvlien his functions as an Editor give inure than' common weight to his sentiments, Opinions and judgments which should have been preceded by much ma ture reflection. I❑ your zeal against the t►irpi- tude °Wu:case, you cease to distinguish between the charge and the proof :--for it is of just and humane necessity, that the appellee should nn►t> be considered at least as innocent as before his original ; if.oot still more innocent, by rea• son of lti, subsequent acquittal.--The atrocity of the c-- - :*trt-toininitted as it assuredly lutist have been V i ttornebody—is a very sufficient argument for the heir of the deceased, that he should resort to the law of appeal ; but no argument against the accused, that he should not also resort to thatlaw, and have its full benefit. In this, I disclaim " pity:" I demand only jus tice. " The strength of the circumstances" are not to be brought into the question, as they have been already discussed by the Jury which acquit ted THORNTON ; and the appeal is not to be strain ed into a censure of their verdict. Stramge as the anomaly is, which, by sanctioning such appeal, contravenes the acknowledged principle of the law —and otherwise a pervading principle—that no man shall twice be put in jeopardy of his life for the same offence—l admit it as the law, without en deavouring to reconcile its inconsistency but I MS( protest against the thoughtless sentimenta lity which would bend an obsolete law to '' the -general opinion." And assuredly, if pity is not to operate_for THORNTON, prejudice is not to ope rate against hint. - This prejudice is, as the Counsel for the ap pellee well observed, abundantly sufficient to jus. tify him in wagering his battel :—but I will go a step farther, and insist, that the appellee is as justified in his wager, as the appellant is in his appeal.—Each followi the mode which the rude institutors of !his law conceived in their supersti tion just and reasonable ; and no part of this law is more obsolete for the one than for the other.— It makes me smile, indeed, to hear this outcry againSt THORNTON for his obsolete defence, while ASHFORD is so warmly vindicated in his obsolete accusation ! • For my part, Sir, I account the Trial by Appeal so inconsistent with our recognised law, and with natural justice, that I wish the appellee in every case to be entitled to its full benefits; and in no case more ►han the present, wherein the hottest passions and prejudices are aroused against the devoted prisoner. Of the crime, my abhorrence yields to no man's :—but for that especial rea son, I am afraid. of my own feelings, and would resist them with all the armour of the law. Were the community at large to be THORNTON'S Jury on the appeal, I fear that the beauty and the youth of poor MARY ASHFORD would prove his heaviest accusers ; and as once before it happened in the case of Hatfield with Mary of B►►ttermere, be would be hanged for the fashion's sake.—l say not this io levity ;—but 1 cannot lend myself to a personal prejudice, which a whole nation of wo men, neither young nor handsome, could nut have stimulated. That the Law of Appeal is in itself unreason able and unjust, is an argument that it should henceforward be abolished altogether ; but not that its privileges should be abridged in any ex isting case. IVhatevei advantage it affords to the appellant, the appellee is equally entitled to receive :—it must be given or refused to•both, or to neither. And if any injustice be found in the remedy of appeal—which, by the bye, must be taken in all its parts, not piece-meal—the fault is with him who sought it, not with hint who is forced into it. We are not to cry out against a plea, which the same Law gives to the appealed and, when we consider the disadvantages of a se cond trial, with all his defence previously dis closed, and new evidence, or at least new argu ment, prepared for its defeat, not to mention that blood-thirsting prejudice whereof any twelve men will find it difficult to unload themselves, we shall not perhaps wonder at THORNTON'S resorting to the most violent plea against a violent charge. Yon seem to take much comfort, Sir, front the hope that this plea will be disallowed. Upon very ancient authority, give me leave to shew that its disallowance is rather improbable. The report cursorily says, that the appellant is only seven teen :—were this the fact, I think it would have more strongly been adverted to :--nevertheless, the necessary minority of the appellant, as laid down Jay FLETA, is only fourteen :—and at all events it cannot have the effect of baiting the' appellee's wager of battle, but of barring his own appeal. FLETA assigns four reasons, which can alone deprive the appellee of this plea :—the Royal dignity, since the whole Country is the King's Chanivion ; the appellant's being a woman ; the disability of a mains; and the having reached threescore years. And these four cases, says FLETA, impose upon a man the necessity of -ale •fending himself by his country :—that is, of going• to trial before a Jury :—" and he shall have the ELECTION of putting himself upon his Country, or of defending himself by his body, except in these four cases above-mentioned."—FLETA, L. 1. cap. 31. sect. 27. Before this ultimate plea is admitted, the Judges are bound to examine thoroughly every. circum stance and form of the appeal, and to quash it if [PRICE SEVENPENCE. at all irregular ; even' though, the appellee should not have availed himself of the informality :—but there is not the least anthority for their refusing his election of the wager of battle at their dis cretion. It is a plea. of right, as much as the appeal is a writ of right. Each, if correctly de- . , mantled, is ex debito justitice.—BßlTToN also lays, down 'the same pt inciple of election in the strong( terms.--cap. 22 sect. 12. I observe the process of the battle extractefk7 from our books into the daily meta with sufficieni_ .accuracy :—therefore, I shall not occupy ,your co lumns, Sir, with any detail. They do not, how ever, as I have seen, mention that the parties must 4ppear in armour, %rid] , staves of au ell's length, defended-with leathern targets; their legs naked, and their feet covered with red sandals. The absurd unreasonableness o' this proof, which attaches God's sanction to mere personal strength, or a'thousand.ad ventit ions circumstances, is too gross for the nineteenth century. If the " wager'' is fought out in thC presence of the Judges and Scrjcants, aK it must be if fought at, all,we way not find our coifed sages more stout and steady than were their predecessors, before whom, says Sir LIF.NItY SPELMAN,It was fought In Tothill-, fields, `.` non sine magi juris-consultorum perlur batione." 'Dins, Sir—and not by the appellee, but by the appellant alone, we see ourselves replunged into the darkness of the curfew times and ail our sub sequent illumination extinguished. An ordinance is revived, founded in superstition, and outliving the law that gave it birth, as well as the manners for which it was framed : ne:ther, while it places the .accuser and the accused on an equal footing, does it offer any aid to Justice, or derive from Jus— tice any sanction. Its remedy—if indeed it can lee so called—after having been exerted once only or twice through many centuries, is now in full, vigour in two cases; here, and at Dublin :—and, without the interposition of the Legislature, it may be expected in civil as well as criminal cases, in every term and every assize, to throw us back upon superstition, and violence, and ignorance. For—as if to prove its absurdity still more strongly—the trial by battle, vadiatio duelli, is an available plea in civil cases also : with this diffe rence, that in these, the parties may fight by. proxy ; whereas, in criminal cases, they must fight in person. The Courts will do well to seek. the legislative abolition of a grievance which bids fair to knock up their profession ; and Sir SAMUEL ROMILLY will, if he be wise, bring in a Bill ac comlingly.—Else,Wesfminster Hall must be trans ferred to Tothill-fields ; parchment rolls 'must, give place to ell-long cudgels; the. venerable" Judges must sit to see plaintiff and defendant - . breaking each other's bones from sun-rise to star ri,e ; and, whoever has the lick to retain Serjeant.. Cribb or Counsellor Belcher, may get or keep as." much of his neighbour's land as be has a mind for. All this sounds •ludicrously it is not the , less. possible. It is completely within. the allow•- ance of the existing Law. That it .may be abor.,, lisped, I earnestly hope :--but, until then; itS privileges are available of right, and cannot be• denied to whosoever shall make his " election" . for them. ,While air appeal, of blood or of land,. can be had, it may be answered by that plea which is co-existent with its institution. It is a remedy, unjust, and extreme, in favour of the, appellant :—to deprive the appellee of any of his rights under it, would only increase its injustice' and its extremity. We shall be wise, in permit tint; its ordinances to ►emain equal :—more in abolishing them altogether. PROB US. DAY AND MARTIN'S BLACKING.--Order of the Court of Chancery, made Ist of November, 1817,- in a cause, CHARLES DAY against JOHN and JAMES BOWLING.—" That an injunction do issue to re strain the said John and James Bowling, their servants, agents, and workmen, under the pe nalty of 5,0001., to be levied upon their and each of their lands, goods, and chattels, from pasting or affixing to the . bottles containing the compo sition of Blacking made or prepared or sold by the said John and James Bowling, or front circu lating, distributing, or delivering, or otherwise using any labels being copies of, or colourable imitations of the labels nsed by the said Charles Diy, as the continuing partner of the firm of Day and Martin, or any other label, or description, by which the composition made by the said John and James Bowling shall be described and represented as being a composition actually made and manu factured by Day and Martin ; and more 'intim-, larly any label or labels having the names of Day and Martin subscribed or annexed, either actu ally or apparently or ostensibly, as a signature thereto." .A few *lays since Messrs. COOPER and Co. Sur, geons, of Charlotte House, Great Charlotte street, Blachfriars-road, gave an elegant enter tainment to several of their friends ; among the company were Six Gentlemen who assisted in ex tinguishing the late fire at the Medical Board.— The dinner was at Mr. Cleveland's, Dog and Stile Tavern, St. George's fields. On having his health drank by the Treasurer of the Board who presided, Mr. C. expressed himself in handsome terms, declaring he was under the greatest obli gation to • the Medical Board for the cure of a dreadful rupture, .seventeen inches round, with which he had been afflicted many years, and deemed incurable by eminent Surgeons. Several Medical Gentlemen 'present (one from the York. Hospital) expressed their pleasure in witnessing so good a 'case. Dr. CoopEß's health was then drank with enthusiasm. The dinner was exeel . - lent, served up in the first style, and the evening concluded with hilarity, ~ ~.-. ~.,.4 . .4,..,„ ~.., ...... 5,...,;..,,