The Sun. — London, England, 1817-11-19 00:00:00

Pitt)VINCIAL JOURNALS. If the artifices dud sophistry of Party were not incessantly at work to excite a false pity for the Cuiplits who lately suffered the punishment they so well deserved, and to deceive the public mind, we should forbear at p►esent from touching upon the subject, but as we have a permanent interest in that Constitution, .at which the late lamented Princess might have been the rightful Sovereign, and tr•ast that it will always be administered by 'her relative Posterity,,we have extracted the fol lowing just observations front THE LEICESTER JOURNAL, and MIDLAND COUNTIES GENERAL AD •VERTISER of the 14111 " REFLECTIONS. " With Brandreth, the pt iLlcipal criminal, the Potdic will reel les , sympathy than with the others. The crone of actual murder haS, in his case, been added to Treason, and in his former habits of life, be appears to have been an active Luddite. Be- . t wren manufacturing and political LuddiSmi we have often said, there is an intimate. connexion ; the one has, in initty cases, produced the other, and (desperate ainl sanguinary as the Luddism 'of same of the manufacturing districts has been, it has been, in its worst forms, adopted into theno litical Laddisut which has been nooriibed and ma lt:led by the acts of the reforming faction. Bran• depth the Luddite was easily converted into a re former, and the reformers with whom he asso ciated were easily induced to adopt the measures of Luddism to accomplish their purposes. To• wards the other unhappy culprits, gryat pity was, unquestionably, excited They - were ignorant men, corrupted in moral and political principles by the writings and speeches of violent reformers, by llanipden Clubs, awl that base class of men, wh o , in almost every considerable town, have been scattering the seeds of disaffection, and who have made use of the pressure of the times to extend its influence through every district where that pressure was most severely felt. Of these meat the toifortonate culprits were the victims, and if it can yield the demagogues any satisfaction to have conducted those to a shameful end, who, but for their arts, might have remained holiest, in dustrious, and happy, they have had the full en joymeut of it. " What else could have been expected to result from the labours of Messrs. Hunt, Cobbett, and other persons, writers, climb-organizets, and specchilyers, who have assiduously endeavoured to enforce their seetiments in different places. It is in vain that these men attempt to hide their shame, under the pretence that Government agents had excited the Derbyshire insurrection. Besides the total want of evidence that Oliver, or any other person vested with a similar mission, had any connexion at all with the seditious persons who have sod red,—no agency of this kind, had it even been exerted, could have effected the pur pose, had not every aoo,l principle been broken down, and the most malignant passions excited, by the writings and harangues of the disaffected.— , The process seems to have been something like the f A few omen in the British Nadia mem, toflaeoceil by stt ong and petulant temper; or disappointed in their hopes ; or led by a passion f o , to h popularity, make inflammatory and un guarded speeches ;—these are re-echoed with still stronger comments in Newspapers which make a market of the idle and dissolute populace. These sentiments are again taken up by that party, in different parts of the kingdom, who, ever since the French Revolution, have been jacobittized, and have omitted no opportunity to spread violent re-, publican notions, and to assail the establishments of the country, with a sarcasm and libellous ca lumny which they knew best adapted to produce impressions upon the ; then have come forth front the forums and circulating libraries of the day, a swarm of impertinent smatterers in po litics, . w.tlm just enough of learning to make them dangerous iu troubled times, confident -declaim ers, noisy sprinters at clubs and public meetings, every man with his nostrum for the diseases of the body politic, and all, and singly, able to pro ject Constitutions, and to conduct nations to per fection. These have spread the poison into ma nufactories and workshops, organized the clubs of 'faction ; furnished 'every ale-bench with' an ora tor ; and whilst, on the one hand, Government has been held op to hatred ; on the other, the people have beets urged to assert their rights, and claim, by general effort, the ideal good thus ex hibited to their hopes. Petitioning for Reform was the first manceuvre ; applying " physical force" the second. The Derbyshire rioters acted Ivor) their advice, and they have suffered the ven geance of the violated laws. " It is melancholy'to trace the pernicious effects of the doctrines and artifices of the radical re formers upon the minds of the lower-classes as de veloped in the histOry of the affair lo Derbyshire. The passions excited appear to have prothiced there, as in Spa-fields and other places, the most extravap.nt hcipes. The absurdity of expecting to overturn Government, has been argued in their favour ; but when the fact, the proved fact, is, that' these insurrectionary movements were wholly and simply political ; not a striking for wages, nor a rising against corn-dealers and meal-sellers ; but a rebellion against the existing Government, the absurdity of the plot can argue nothing, but the dep, h of the delusion, and the extent to which the passion for Revolution had operated. They had delegates from other places, intelligence from every qaarter of the kingdom was communicated to them of similar dispositions being felt, and similar plans intended. These were, indeed, facts ; and their mistake did not so mucb lie in estimating the extent of the disaffection, as its depth. They mistook the disaffected minority for the greater number, and the noise of their own clnbs for the voice of the nation. The reforming Newspapers told them that the nation, the people, were on their side; that the friends of corruption were a small faction, to be in a moment crushed by the energies of pa triotism, and, in the excitement or their passions, they helwved them, and Pitt themselves in motion., afraid only that they should be behind the zeal of other places, and lose the glory of liberating their country. Another of the deteriorating effects of this po litical mania, observable in the case, is, that they were taught to withhold their allegiance to Go vernment, and even endeavour its overthrow, in Case its conduct did not meet their approbation. This is in the true spirit of .rroiical reform ; it 'summonses Government to the bar of a mob ; _it instructs that mob to demand, at pleasure, compliance with its mandates ; and in case of refusal, it gives the signal for revolt. This was the doctrine enjoined upon the Spa-fields mob, and which it attempted to carry into effect.— This was the - principle assumed in the barn of Boterler, where the Derbyshire rioters met. — Bacon anti Hayes, the Nottingham delegates, met them, and it was determined, that, as no redress could be hoped for from Government, it most be overthrown. Such is the 'mischievous principle introduced by the reformers, a principle before which no Government, no order of society ‘vhat ever, can stand, and which, had it been re ceived to the extent hoped for and predicted by the faction, must have. plunged us into endless anarchy. The worst view of the case, however, is, that reforming politics should so retpidly have fami liarised men who, Brandreth excepted, seem .to have been otherwise previously harmless and peaceable, into ruffians and morderers ; for, though murder was but perpetrated actually by Brandreth, the seizure of :irms, and the pre para. , lion of pikes, with the acknowledged neces-ity of " killing the vermin" in every parish, sufficiently prove that they all had a murderous inteut. their perverted minds those violenees would not then appear murder. Radical reform, as we have often said, converts crimes into virtues, aed hal lows murder itself by the name of patriotism. Here is its danger. Here is the proof of its de vastating effect upon all moral feeling, all huma nity, and all good feeling. But the storm, we hope, is blown over, and it is happy that, partly from the vigilance of Government, and more from • the quantum of uNSELIKEN PUBLIC VIRTUE in the country, which Jacobioism itas attempted in vaio to destroy, the victims of this saugninary debt sio,t have not been more numerous. Let" the vio lent politicians of democracy reflect upon the fate of the unhappy criminals executed, of whose blood they are guilty, and let the nathinking, who have been deceived by them, recollect that they have been the tools of men who have attempted to make an experiment against Government with their temerity, to acco!nplish their own purposes, and think themsdves - happy that no more of thew have been left to suffer a pnnishment which others would have more truly deserved, could time law have awarded it." LAW INTELLIGENCE. COURT OF CITANCERY, Nov. lE. PRINCESS CHARLOTTE. This morning the Lord Chancellor intimated, that in consequence of the funeral of the much la mented aiid ever-to-he-regretted Princess Char lotte, the Court would not meet to-morrow. Of the propriety of this arran4ement, under the pre sent melancholy circumstances, he was sure the Gentlemen at the Bar were fully aware. BRYANT V BRYANT. The LORI) CHANCELLOR --" I observe Mr. Bryant is now in Court, and have no doubt but he is very anxious'to know my decision. I have 'Tail with the utmost attention the conflicting af fidavits. and statements in the case, and I am now ready to give judgment. Mr. Bryant had there fore better be in Court on Thursday morning by ten o'clock, as I shall then without fail give him and you all my judgment." His Lordship rose at one o'clock. • COURT OF KING'S BENCH, Nov. 18. ROBINSON AND OTHERS V. ARMSTRONG AND ANO- TI-lER. This was an action of debt against the inhabi tants of the Hundred of Easington, in the county. of Durham, founded upon the statutes of 1 Geo. 1. c. 5. and 52, Geo. 111. c. 130. to recover the amount of damage done by the destruction of a stable, and two stay's, or warehouses .for coals, the property of the plaintiffs, which were partly destroyed, or pulled down, by a riotous and tu multuous assemblage of keelmen, on the 20th of March, 1815. At the Summer Assizes for the County Palatine of Durham in 1815, the Jury found a verdict for the plaintiffs, subject to the opinion of this Court upon a case which stated the following facts :- . —The plaintiffs were colliers at Newbottle, on the river Wear, in the county of Durham, and occupied two buildings called staifs,. as warehouses for the purpose ofdeposit ing coals ; and at the time of the transaction in - question, one of the staifs was filled with about 1000 chablrons of coals, and the other contaiued four or flirt! chaldrons. These buildings were com posed of walls built with stone, with trellis win dows, and the roofs were of timber covered with 'tiles. '' On the 20th March, • 1815, the keelmen on the river Wear rose in a tumultuous body-, and riotously and Outrageously proceeded to demolish the stable and other buildings in question. Having first tore off the tiles,and broke open the doors,they set fire to the stalls and coals therein, which were partly consumed. During these violent proceed ings two of the. plaintiffs were present for a part of the time, endeavouring to protect their pro. "perry, but Mr. Robinson having been wounded severely, he was compelled to retire for safety,and the other partner was also compelled to seek his safety under a threat of personal violence. On the 25th of March Mr. Robinson, in pursuance of the 4th section of the 52 Geo. 111. c. 130. was examined before two Justices, and made oath that "he did not know the persons who had corny muted the said outrageous acts, this oath was made for the purpose of enabling pins to proceed against the Hundred for the recovery of the damage done to the premises of himself and. partner. The case further stated, that the other partner, who also had been present during part of .the riotous proceedings of the' keelmen, had not made the like oath before the said Justices ; and under these circumstances there were two eMes tions raised ; Ist, Whether it was necessary for 'all the plaintiffs, there being three in number, to 'make the like oath which had been taken by No hinson ? And, 2d, Whether the erections, called • Staffs, came witl►in tl►e description of buildings tnentioned in the Act of Parliament, wl►ich the Hundred would he liable to make good l Mr. Txtwit- appeared for . the plaintiffs, and en deavoured to establish, on the authority of a case in Carthew's Reports, 145, in which reference - was also made to Jones's Case, Mich. Term, 1615, and Bird v. the Hundred of Ossulston, that it was sufficient for one of the partners to make the oath in question, in order to entitle hint self and partners to•maintain the action. The Court, however, standing upon this !well minary objection, were of opinion that it was de cisively against the plaintiff's' right to recover,in asmuch as according to the true construction of the 4th section of the Act, all the persons inte rested in the result of the action ought to have taken the Oath, in order to purge themselves of all suspicion of having participated in ►he out-_ rages, or of having any knowledge of the persons by whom they had been committed; and there fore, without hearing the other side, gave judg -1114:11t HARVEY V. JACOB. Mr. SCARLETT sl►etved cause ktainst a rule of Mr Tindal, calling upon the plain; iii to give 'se curity lot costs in this case (which was au action of as , anit). on the ground that the plaintiff was convicted eFai now confined on hoard a trat►s po►t in l'ortniouth Dock, having been sentenced to 14 years transportation, on a conviction at the last s)hl Bailey Sessions for having forged Bank notes to his possession. The Learned Counsel submitted that inch security could not, be required of the plaintiff, inasmuch as any dathage he was likely to recover would, as a matter of course, go to the Crown ; and he referred to a case in 2 Taunton, 61, ►where it was heist that the Court will not compel security for costs on the ground that the plaintiff is a bankrupt, or :n Newgate ; Mr. TINDAL being heard in support of his. Rule, and having referred to several cues analogous to the preseul, The Court thought the case was such as to re quire such security, and therefore made the Rule ith.ohrte. FUNERAL OF THE PRINCESS CHARLOTTE. Lord ELLENBOHOUGH announce°, that this Court would not sit to-morrow, except for the justification of'bail ; but desired it to be under stow!, 'fiat in the cases which stood in tqs Lord ship's paper, fit his second Sittings in Term, to. morrow, though they could not be then tried, yet -the plaintiffs who should recover verdicts in the Sittings after Term, - would be entitled to have judgment as of this Term. . COURT OF EXCHEQUER, Nov. 18. SIR WATKI'S LEvrFS V. MORGA&. JUDGMENT. This day judgment was pronounced in favour of the plaintiff, in the important and long-pend ing cause between Sir \V. Lewes and Mr. John Morgan. ,The motion before rite Court was, that Sir Watkin should be put into possession of his estates, so long held by the defendant Mr. J. Morgan. After Counsel were beard, Mr. Baron GRAHAM first proceeded to deliver his opinion, which he did in the following man ner :—" I hope 1 shall not excite any surprize in the minds of my Learned Brethren, when I de clare to them, that I am now ready to proceed to judgment, without any further consideration of this case—a case which has occupied so much at tention, as to carry something like opprobrium on that system of jurisprudence in this country, which has been long and justly the admiration of the world. I have another reason for deter mining to give my opinion now, because this opinion is so made up and decided, that I am free to say nothing which can occur by longer pro crastinatiOn of the cause is likely to shake it in the smallest degree. The application before us is in two parts. I reject the latter, the hearing of certain affidavits-, because I think them now un necessary ; but I embrace the former, namely, the letting in Sir %V. Lewes into the possession of his estates, and the making Mr. J. Morgan refund the monies he has received out of these estates, ultra the payment of what is called the mortgage mo ney, for which they were originally invested. • This motion is grounded on a report made by the Deputy Remembrancer, in consequence of two appeals to time House of Lords, who directed that a certain account should be taken, and the result communicated-to this Court. The House of Lords, when it made this order, definitively stated that the mortgage money alone came into, the hands of John Morgan, in his capacity as . agent to the estate, and in no other. By the Deputy Remembrancer's report, it appears that the whole of this mortgage Money (originally stated to be 12,0000 was paid off, principal and interest, in the year 1804 ; and that so far as the accounts of rents, profits, and value of tins her cut down, were since taken, that is, up to 1807, John Morgan had received, ultra this morgage sum - (the only one he was•entitled to re ceive in the situation in which he stood), MI. which, at a calculation made in the most favour able mauner for the defendant, must now leave in his hands 49091. beyond the mortgAge claim. On General principles, then, why should cot this sum be giVen up to the plaintiff, to whom of right it belongs ? It is hard to answer this question. The mortgager,has paid the mortgagee, the re ceiver (if he be, the receiver) has taken beyond the, amount of his trust ; why then should not the surplus so paid be given back to the real owner ? Now let us revert to the original frame of the bill filed in 1783, on which John Morg a n lays the stress of his being an injured man, and one to whom the plaintiff is still largely in debted. According to the matter on which that bill is founded, it appears, that MOrgrin told Sir 'Watkin be bad received 13,0001. for him which he would account for in the general settlement. The latter, astonished at hearing this, naturally wonders Imps; a larger sum than two or three `thousand pounds could have been at that early pe riod received by the defendant on his account. Sir %Vatkin then says, ' If that be the case, NI • pay off the mortgage ; I'll pay you also every halfpenny I owe you, and give me back myestates.' Under this idea, and under this information, Sir Watkin tiles his original Bill, and makes the next. • above declaration„.-But did he, when he said ever mean to charge his estates, in a legal sense, its this manner with any sums beyond the moil•. gage account He did not, he could not ; lot - the settled estate put it ont of his 'power to ex. , . ceed the terms of the original investiture. Sup pose it were possible to bind. him to the words of the original. Bill, see how every feature of the case, as it then stood, has been subsequently al tered. 1-Vben the answer of Mr. John Morgaa was put in to the bill, Sir Watkin naturally said, •t 1 never received this money he alludes to: IVell, then, another alteration, giving the cause a different shape, took place in 1801, when the separate Report was made ; a double motion was. then made, apparently with the coneurrence rif both parties, and I remember very little argued; the result of that motion was deemed unsatisfac. , tory, and an appeal to the House of Lords fol lowed. On that occasion the 1-louse of Lords nu.. questionably disallowed the 4,2001. claimed by Morgan, as against the Trustees, under a ho•id of John Adams and others, and said this is alf shuffling, and desired that the Deputy-Ref:hem !mincer should put this bond out of that p.vt • his inquiry," and confine hiwsel ,. to an acenuat of tl,e bona fide ,t111i• paid i'llgin.,Ay to V Lewes by the 'flustees, tut monies after ward's had in, reduction thereof. Morgan, thus finding himself convicted (for callow use softer terns) of the legal fraud - of attempting to charge this bond on the Trustees, then turns round and charges it on the rstate. 'this w as n 0... ,! thing less than trifling with the justice of the House of Lords ; and supposing that, by an act of iniquity detected elscw:tere, he was entitled to an advantage in equity merely by shifting his ground. The House of Lords put Adams's baud out of the ques!ion, and threw Lim, be his claim what it may, pro Junto not on the estate in right of mortgage, but on the general issue as a cre.• ditor." The Learned BARON, after a variety of area. mews, which our limits will not at present 4citnit of our giving, decided that Sir Watkin Lewei should be let into the possession torth►eith of the estates ; and that Mr. John Morgan should, with , in a reasonable time, pay into Court the sums he had received since the mortgage paid off, to abide the issue of the general account. Mr. Baron WooD delivered his opinion at rear length, and in direct opposition to the judgment pronounced by the preceding Judge. Baron GARROW, in a Most impressive speech ' declared his full' and unqualified concurrence the judgment so ably delivered by'BaronGraharn. •••• In every comment he made, whether of eltwida4 • don or animadversion, be decidedly sap, iesccd; ,The subject was only known to him (Baron Gar• row) as it was unto the public, until took 'seat at the Bench ; and from the first moment it was brought before him, he felt it a duty to liavd the decision as prompt as possible, as, abstract edly speaking, lie could not but consider such pro.. 'tracted litigation a reproach .to the admi.nistratioa of justice. It was with regret be differed from his Learned Brother who last addressed tbe Court. Much was said of the ability and capacity of Sit' W. Lewes to guard himself against fraud. But to those observations he - would answer, that ever day's experience proved, as his Learned Brother (Baron Grahem) had so justly said, that candid imposition was as successful in practising its ecits on the confidence as on the distresses and ignorance of its victims. His own impresion was, that the amount of the received rents since the payment of the mortgages ought to be forth wit Li paid over to Sir W. Lewes, tnAt they olynt 10 constitute a fund to enable him to purstt, hif claims, and not be longer left in the hahils of who at the moment fly held possession cat tns estates, by arming himself s‘itn the whol e p ro , perty of Sir V. Lewes, had consigned him and: the heiress of a tine estate to penury, and tb father to long-continued imprisonment. But tin. der every consideration of the case, and in t ie hope of furthering the ent.s of ,justice, lie eon-curd red in the decision of his Learned Brother; he trusted ,that this case would render a %%hole-smug- lesson to Solicitors, who, as they valued theit': character and property, ►vould be circuntvect itt their conduct when they became loan-dealers to : their clients. A further motion was. about to he made by Mr, AGAR, asking the directions of the Court, that Sir W. Lewes might be allowed to take rests on the balance of the received rents ; that is, that in every year the amount of rent received exceeded the interest of the mortgage, interest should be allowed for the surplus to Sir Watkin. This erior motion was Axed for argument on Saturday SHOCKING AccineNT.—Monday night, a mad in the employ of M.r. Edwards, of Newcross, Kent-road, was driving a waggon from his mas ter's house to Messrs. Barclay and Perkins' brew house,Uor a load of grains ; when he was at the far end of the Borough, several children asked him to let them ride ; he foolishly acceded to the request of a boy about nine years of age, the sort of a poor Irish woman named Mullins, and placing . him on the shaft of • the waggon, drove on. As he was going past the end of Union -street, in the Borough, the' road being uneven, the boy was thrown off the shaft ; a hackney-coach unfortu nately passing at the time, went over the boy and killed him on the spot. The mother of theehild as been ever since in a state of distraction. , BIRTHS. On the lt_th inst. at Woolwich, the Lady of Major Payne, ' Royal' Artillery, of a daughter. On the 15th inst. the Lady of Major-General Need, of 0 son. MARRIED. On Tbursda7 last, R. Blagden, Esq. of Du ite-street, St• James's, to .nss Palmer, of Petworth, Sussex. DIED. On Friday last, at Great Torrington, Devon, aged 86, 06 Rev. George Wickey, Rector 'of Martian) Church, in Corte wall, and Lancras, Devon. LONDON: Printed by J. B. CARSTA IRS, of No. 29, Great Ormond-street, Queen•square; and published by W. A' SCRIPPS, of No. 7, South Mohon-street, at The Office, No. 112, Strand; where Adveitisements, Orders/ Letters, &c. (post-paid) must be addressed. t • I ~r T N ti Ir