The Sun. — London, England, 1817-12-19 00:00:00

tl,-.IttTIFP:_;.\TF,D., CONVEYANCErtS. for thi: Sake of that impirtiality, without. which ' tile Public opiti;on can never be confi dently and decidedly ascertained upon any we acceded to the 'first application niade to us of publishing an Article against the excln,iv'e claims of the re • golat Solicitors.-In Our Putdiea tion of Satiirdly, we inserted in Article . addresSed by a Mr. TAMLYg t LOUD CHANCELLOR EL6ON : We may be allowed, ‘vith equal readiness, to in sert, this day, the follOwThg 'Observations, which have been transmitted to us by a Most teSpcctable Correspondent. FOR TliF. SUN. No very great ctstrust might havebeen necessary, Until it was ascertained that the Mr. Jon s Tv t4ILY who lately addressed a Letter to Lord Et.noN, was not a regular Solicitor, to believe that prod,ct ion no other than a shrewd endeavour at impairitie the cause of the Certificated Conveyancer , ,. by weak arguments and an artful exposu, e of its most assailable points. The Letter, however, as re cently published in THE SUN, appears s'itficieutly authentic to deserve a Reply ; not so much, per haps, on account of its arguments, ,ts of its 8,1- thenticity. It is to be treated, iherefore, until disclaimed, and superseded by stronger reasoniug in their favour, as the accredited djence ut the Certificated Conveyancers. With some d , •gree of unluckiness, this defence of an irregular liody is addressed to the highest Officer of the Law ; who rose to his present ele vated and deterred rAnk not only by talent and study, but by a reguhr initiation inio its proles- Tha; disc ingin shed man, , whose youth was secluded trout ail you. hod pleasures, te hose edu- Cation was dhstracted from all foreign pursuits, whose prospects were sepArated front all external advantage, :s called upon to open the profits of the Law, to thlow dovvii its privileges, and to make common its qualifications for any and every individo4l, no matter how incompetent or how ignorant_ This argument of Nlr. Jotitst Talsit.vsl does not require any discussion of t:.e general question. — This most he teserved against some shrewder and sharp.r advocate, if the Certificated Convey. tamers can fit ally s!teli in their cause ; but as• suredly a botv of men, who have taken to the Law for " a livelihood," as Mr. TAN4Lvtc stiles it, and whose knowledge is only coeval with their necessity, cannot reasonably he expected to un- Ilerstand the reasons or the principles of that Law whereon they have so ;at, ly entered. It therefore, he sufficient to correct Mr. TAMLY N'S 'wrong statements, 111111 to expose hi s ,„. to „ g i n f er _ 1•11CCS , leaving his linty to all the benefit of any bet ter Advocate, when such shall present him self., The Solicitors and Attornies have not expressed dissatisfaction that any other than themselves sh o uld practice in c on veyancing 3 but that its practice . should be left open to indkiduals who bare not given to it the time and the study and the expence which they base devoted. Neither do they seek " to obtain some Re " straining Laws, favourable to their interests " atone," heraiise they setk, not only the reward of their 0" 0 time, study, and expenee, hut also the prorec , ion of floe roblie from uneducated, in . VOID pr !Clot , and igoor.int pretenders. TAmLYS: is perfectly right in oire part of division 4 the quest ;as between the At tornies one the C,, n v e y a n",„ : not ,mite so right as h e t ee l. :he A;toroies and the public. That the fair „,„ lex advantage of the Attornies shie,ut be- intercepted from them by the Convey ancers tt , a grievance, of which upon the grounds already s tated, the Attornies have a right to cont plain. And so rrtr the point is at issue, between the -regular Attorlies who ;weer sought any other occupation, and the irregular Conveyancers whom every other act:notion has abandoned. But the qice,tiou is not " between the Attor nies and the public." Flowerer the former may desire to protect the community, they are not ac countable for the dangers and evils which they did not occasion. They Can only warn the public against employing uneducated men :—the legisla ture can exclude uneducated men from being enti.loyed. Butween the Conveyancers, indeed, and the public, there is a long account to be settled. That individuals, who, as Mr. TAMI 4 N feelingly expresses it—are " by the sudden transition front " a state of war to that of peace," deprived of - their manual and mechanical trades, should take on a sudden to the law, and become instinctively conversant wide the niceties and intricacies of -property, is rather an alarming " transition" for the public, and may deserve well to be looked into. But the responsibility of this mischief does not rest upon the Attornies. imagine for a moment some strange " transi tion," sending the Attornies to handicraft open . !rations. Shall we bespeak a coat, or a pair of shoes, front a man who never before had handled a Pair of sc.i , sars or a paring-knife ? Yet, turn a taylor or a shoemaker over to the law, and we are expect ed to confide our land or money to a ma n who b a d never before investigated a principle or copied a precedent. And this monstrous position Mr. TAMLYNT il lustrates by Archdeacon PALEY'S definition of civil libery. To all its consequent deductions we make. no other objection, than simply, that that they do not apply to the case before us, for Ave will not lie so ill-natured as to urge what we fairly Wright, that their application is utterly - against Mr. TAM LY N and his appeal. Assuredly, restraint is alt evil ; the Newgate Calendar, and the Bankrupt List, prove not only the extent of the evil, but the nutubcr of the sufferers. But -it is an evil which the same proofs evince to be indispensibly essential to the public safety ; the evil .of the restraint therefore is overbalanced by its advantage. Aid, as the-proof lies upon the Legislature, all its circumstances will be laid he tote that Assembly, which shall be convinced that the restraining law, serious an evil as it may be to the Certificated Conveyancers, will be a signal henefit.to the public. • That the Conveyancers, who have been " for ,f_r nearly a quarter of , a century," accustomed to :T.I.''..IGEN(. E. some otlier trtnie, snahave new ..talNen to rile 'for i " ow., *lre " seri( I'm COURT or (.1 - i N(. DSc. 18. " subsistence'," ti: cultine. tip estmes, st,o10(1 4'II6C:TEI: r. PIZOCTEti. the serjoas evil 4 . 11 ox: a l'eStrit ' 'int, IVe .07.:1C1T - oit - -CiENEttAI. stated, that:fresh affi davits had been tiled in tf i= ease, and he thet‘eloie noped his Lordship .yould appCiii'll an call), for bearing - it. Ihe ease, "it 'will he renitittberetl, sonic time in his I,nrds, , ip's pri vate room', at ilall, and relates, aS vve ti) the gitatabansbip bfcbildren. Viz.. Lair I) CHANCVLL6i;,-1 s h a ll w i t h p r e; ',.. sure hear the case On any ilay 'to you, Gentlemen, on I;of it silt S. 'The 4``ALICITiiII-614NEliAl., —1 ittide'rstanti Sir Itonidly has . t;nt leceived his instruc tions. When he I.as, we shall take the libe'r'ty of tiatuir4 a dny to yt'Hir LOrdsliip". Lditti day convenient to you I shall 'hear you. mout t„ r T' AN l L y t i, Tor 'hist ,HiCe , eves a Pro perry-Tax-Ch•rk ; in weich etre•lt - he never thought :thou: the inns tOtirt SO SOOII as his CierkShip vanished with the Tax,. he lint ei L :iir-aliti-!‘velity pounds, and bee:ante )t Convey ancer It is fortunate 'for tll'e 'cest6iners et this Gentleman's 140 0 i ferac'tiee," that he liad some e revions instritctiou in a tegular office':—hue it lutist be Observed, that without uo'/ such initritciioa !..0 much money w'ouhl have made him a Convey er, r at a momeet's notice ; es it has made eerny others o ho have hot his qitalifiteetinns. We they see hoW competeli`t, however, h'e is 10 decide epon the ietelieet ruqiiisites of his eew pieoessiuu, when he confonnds them with the 'nettled and Mechanical reqiiieites 'of labour.- - -- Ateem SMITH, and l'AtOt, and Keox, itla'y be cited through their every chapter, to prove the evils of apprenticeship, anti the general right of the workrnan t t i the strength of his hand aid the prefi; of his labsur I—but1 —but this very language shows, that these geetat Writers advetted to bodily exertions, and not to intellect nal powers; to trades, and not to Professiotts. Neither hare they in any true pas Sage laid it down, that the privi lege of endangering estates is " the patrierany of " the poor mail, which lies in the Stteugth and " dexterity at his betide." We have bestowed more time, perhaps, titan wets needed upon Mr. JOHN TANTLYN :—yet a few of his observations must still be noticed. That the Atlornies, ott commeocing their apprentice ship, knew the extended privilege Of the Convey . - ;ulcers, and that therefore they are not entitled to comnlain to it, is about as cogent an argumene, as it were to say that—because an evil has The defendant was charged, upon an •informa existence, it most not be remedied; or that, b e - Hon filed by the Attorney-General, with having cause the Attornies ought not to complain of the published certain libellous and impious books, th e P u bli c mus t t herefore endure i t .--And being parodies on the Creed, the Teti Command it, as he asserts, there are Attornies ignorant o f I meats, and the Loa D's Prayer, with the intention t onveyaecing ; and if a very teW of that body of bringing the Religion of the Country into eidi know any thine about it, we may well inquire i cut' and contempt. how Tailors, and Grocers, and Auctioneers, who The ATTouNKY-GENERALstated to the Jury the never saw the inside of an Office, can he presuna- I nature of the offence with which the defendant eel conversant with its requisites ?---" Extraordi- ,y a e.charged. Ile should not take tip fetich of nary pretensions" may, certai n ly, ma ke us seep- their time in what he hat to address to them, be tieal of any extraerdieary knowledge :---but the cause t h e lib e l w hi c h t h e &t en d a nt was c h arg ed pretenSinn at extraordinary ieuorance is not very w ith having published, must speak for itself. It likely to inspire our confideuce iii the -pre- I would Ire impossible for any nue to hear thepas tender. sages read without being struck with their idien- We have now taken leave.of Mr. Jotter. TAM- sire nature and tendency. The pehlke.ion iii LYN, and remitted his cause, with not Mad -, fear question was an offeeee egaiest the Religion of of such an Atregonist, to the Lord Chdoce""t's the couatry. Oue of the best end most religio u s Jedgment. tut we cantsor close without ohserv- of all the Judges, that ever were distingiii•hed ing, that the Ct 1 - titivated Conveyancers have a in this e ternity, he meant the great and good Sir better claim, in the financial view of the tl'icsli"fly Matthew hate, bad I it down that Christianity to the protection of the Legislasure, than any vet w a s part of the law of Blighted, and ol course t!itiy advenced in their behalf. Eielit-end-twe n ty a ttack o ut Christ utility was an attack upon the lows puende is certainly a prtety contribution front o f the em oor The Church Service, which formed every broken shopkeeper who climes to speculate a p a rt of our Chrittian system, was established in ilium conveyancing it bears no proportion country by a seoute law pessed in the reign to the immense sums which his ighorahee IllaY of Charles 11., when it' was totted necessary tu cause to be eepeoded upon Law. :Stamps in the ! have a greeted Coeformity in the Pithlic Worship. actions aed suits on disputed Titles and erroneous it, t h ere fore, au attempt were made to vilify that Instruments. Will the Legislature take the estates s y s t e m of worship, amid if such an attettipt %vete and 'properties of the Empire out of such profit- let to pass with impunity, Christienity vvoulti nu able hands, instead of enriching the Revenue by l onge r be t h e I„ ‘e o f t h e country. O ne of t h e inesteustible they restrict the parts at a valuable Book which was here ridi• practice of conveyancing to the Attornies, whose c uled wes of the utmost importance—this was couduct is under the immediate observance and the Cat e chism, whose peculiar object Wits to COntrOtti Of the Judges; or will they leave it . to the principles of Religion iuto the mi nds the uncontrouled Practitioners, of whose very ex- of the younger orders of the conummity, at istcnce the Judges ate uneonscions, and who th e t im e th e y we r e initiated lulu Chi istiani are utterly exempted from all regulation what- ty, and pi evious to their bdng confirmed by ever i the Bishop. The book also Contained that The case is now at issue. And, we trust, that Creed which was professed by different classes of upon Mr. Joet TAMLYN's Own sliewiug the Lord Christians ; also the Ten Commandments, which Chaucellor and the Legislature will see the pro- I were of Divine origin ; mad the Lord's Prayer, priety, nay, the urgent necessity, of the proposed which was dictated by the Saviour of the World. restrictions. 11 these sacred writiugs and laws were to be ridi culed, the worst effect must he Trounced on the minds of the lower orders of people. Here the Attorney-General pointed out the nature of the Catechism, and shewed how it was parodied and ri diculed by the publicetion, which formed tire groend of the present charge. Ile next skewed how the Commandmeots had been trekeed with con'etupt and ridicule. [While lie was reading this passage some persons laughed, with much affectation, and the Judge called on the officers to take into custody any pers'on who behaved in sitch tin indecent manuerl—The - ToRNEY-GE?•iBRAL resumed—lie said, he was not sorry for the indecent ebullition that had taken place, because it was the best argument lie could advance in support of this prosectstion : it was be ceuse the parody was capable of producing such an effect. that he prosecuted the author of it. Ile next alluded to the parody on the Lord's Prayer. It is impossible for us to repeet any of the odious passages in the publicstions alluded to. Wm. Swanson produced the pamphlet chervil in the itilmenetion, which he said he purchased on . the 17th February last. Hole's shop, No. 55, Fleet-street. He purchased it either of a boy or a-girl who was in attendance in the shop. The price was twopence. Witness did not recollect having bought pamphlets there before— lie had bought some since. There were bills posted up, announcing the publication. This pamphlet was a parody out the Catechism. 'lke parody was put in and read by the Clerk. The respect we owe to our Readers prevents us 'tom inserting any part of it. The ATTORNEY GENERAL, called on the Jury by virtue of the solemn obligation they had taken -by their oaths, which were a part of the religion they were noW called on to protect—he conjured theta, as members of the Christian Church,. to declare by their verdict, that the religion of the country shall not be vilified and abused with im- We beg to recoomend the foregoing article to the PROVINCIAL JOURNALISTS, trho can hardly render a greater service to their Itvaders, than by inserting an article of so much importance, with regard to property, in their respective Papers There is hardly a part of the Empire in which Empirical Practitioners in the Law are not to be found, and as the happiness of families in gene ral may be wholly annihilated by their confidence in such persons, people cannot he too anxionsly cautioned not to confide their property to such handi. The following Capitals have been all sold by Bisu, in Shares, in the present Lottery -4.Q..i9 / .40,003 4,7'20 . L. 910 I • a,908 L. t,OOO 3,a92 . L. 200 And registered to the following places : Barnstaple, • Dover, 1 Norwich, Bath, • Dublin, Oundle, Bristol, Edinburgh, 1 l'enzFice,• Bruton, Finchlev I lleailing, Camberwell, Hatton aarden, - "4't rand, ‘ Canterbury, Limerick, Whitea;hapel, Cheapside, Liverpool, Wineauton, Cork, Margate, •York. Several Shares were not registered, and supposed to belong to persons residing in London.—To morrow,,Satnrday, the 20th, the Lottery finishes, when all the Four Prizes of £20,000, and other Capitals, must be drawn. Undrawn 'rickets and Shares are selling at BISH'S Offices, 4, Corubill, and 9, Charing-cross. To-morrow the Lottery will finish. To-morrow the Four ,Prizes of 20,0001. must be drawn. — To-morrow will afford the last opporbunity, that can occur for a considerable time, of obtaining a handsome fortune, by applying before Ten &Clock 'l'o.roorrow, at the Offices of G. CARROLL, the- Contractor, 7, Cornhill, and 26, Oxford-street, where No. 4, 4r9, a Prize of 20,0001., on the last day of Drawing, was Sold in Shares !tunny. Henry Hutchins said, that in the month of Fe bruaty last he wus the Idnillotd of the house, No. 55, Fleet- s• 1 rt.et. Mr. Hone was then hiS tenant, and continued to be so until Midsominer. lie sold books and pamphlets. , Thomas lVhite said he was a clerk in the Trea sury ; he produced the hook 'of Common Prayer, composed according to the Act of Patliment ; it was conformable to the usual book p“blitlted by the King's Printer, and the Universities. It would be criulinal itt any others, except the The last opportunity this year of obtaining a 20,0001. Prize is offered . to ,those who par chafe a Ticket or Share, this day, at either of WEBB'S Fortunate Offices, 9, Cornhill, or 17, Ludgate-street, as the Four Grand Prizes of 20,0001., and all the other Capitals, must be. drartu Teo-morrow, when the Lottery will finish. tRUDEN'S CONCORDANCE. NIAW:VIAN AND O T UERS V. NUTTAL 11:4D FISAER., The LORD CHANCELLOR. -1 think that what I elid 'esterdnY, in the opinion 1 then gaire; 'VHS right. It is proper that the injunc.don should be dissolved, tot it is equally proper that, till the action ht law be decided', an account should be kept of !lit 'profits atiSing fromthe sale 'Of the Seventh Edition of the Concordance. I there fore 'confirm my decision , 'esteftlay, thinking ',hat thus fast ice is done to both parties. COURT OF KING'S PEC. 14. Sitti:'w.v in Lendv;t beflire Mr. Jusiii.m: Ani;Jrr and a Special Jit ril: IMNOUS LIBEL. Ti{E KING V. WILLIAM lIONE. ',ilia the: two Ut.ivvystie., it, , tl . l+ • • This oas the ca,e on 'the N eil t of the I'. wcoir riot). Mr. Hone now rose to make his owo defence, not havittg employed aoy counsel. He said 114 e felt hin, clr labooring nutlet. considerable ettlty at this Moment', ill cnnsequeoce of his never having been in the habit Of Pnblic apeat‘in f, mot haeingnever addressed :t fitib;ie ti,senbly before. He therefore hoped that every indolgthee wonl.l b e atford'ed him in his present situation. lie de clared lie was wholly toiconscibos of the g uilt now imputed to him ; and that if he knew lie was guilty, the 'Jury would not see him Oleic. It might' be in their recollection, that as tar back as the Month 'of May last, bad been ap prehended uncle(' a warrant fruit the Chief Jus tice of the King's Bench, and afterwards brrinight into that Court, to plead to certain inforMations laid against him. He did not, however, then plead, because he believed the pro ceediug by informatiOn to be unconstitutional, and such as bad never been contemplated by the original MakerS of our law's ; because these in formations laid men "at the mercy of au Attorney- General, without any chance of a presentment before a. Grand Jury ; they caused men to be taken up in a Stimmary manner, as had been the case with him Self, to answer to informations which. .he did not know to haVe been filed. There was an- Other ground for his not pleading at that time,whick was, the enormous expence lie must have been put to; the expence which a man is generally put to it' pleading ,to an information was .calculated to ;•tmonnt to 1001. and such an expence would to him be his titter ruin. lie applied to the Cotirt for copies of inforMatiOns, the Court would .not grant them, and on that account he did not know. what he bad been specifically charged with. Sir • ‘Villiain 'Garrote - , the late Attorney-General, haft charged hint with blasphemous publications ; now it seemed they were not blasphemous ; he was charged with being evil-disposed, and with wickedly and impionsly devi-ing to throw a scan dill on the Christian Religion. Now - the must say, that the charge of blasphemy originally laid in the information, but since abandoned, had the effect of raising an immense prejudice against hint in the public mind, and he felt lbw difficult it veould he for him to get over it. He now stood there as a most injured mail, with a great ‘veiglit of public prejudice against to tu. Ott a former occasion, when he complained of not having copies of the infothsations, another information was filed. Note lie would say, that if 100 informations weie filed, he would not plead to one of them, un less he was furnished with copies of the saute. He bad been treated with great liardsh•p and injustice, athi tc irlt great inhumanity, by the Chief Justice, by whose warrant he bad been apprehended. He was seized on a Saturday night as he was entering his own house; the officers who took him would not suffer hint to go and istform his family of what hap pened to him ; they took him to it hick-up-boost:, and there he was 4ept until Monday ; then lie was' forced to go to Wi stinhooer-Ilall, to plead to in noolows, o f which he knew not biog. Whett he ratio. into Conti he was so ill as to be tillable to start.ll; he applivd to the Court for petinissiout to sit down, and the answer of Lord Ell e ohoi oog h was—" Nu ; "—delivered in a tone of voice which. might be heard at the other end of Westminster -11,11. He 'was then taken to the King's Bench Prison in the most th plot able state of health, out iug to the Minorcan treatment of Lord Ellenhorough, Here Mr. Justice Acts ore interrupted the de. Pendant, stating-, he was extremely story to tin so • to any person who was making his defence ; bur. is here, as in this ease, it became absolutely ne cessary, he could not rehab). It was the dote of L o rd Elleoborough to pursue die course of the Court, and it was nut customary for defetulants to sit while the informations filed against . thern were being read. Mr. Hone proceeded.—He said he felt it ne cessary to state the sufferings he had already ex perienced in consequence of this prosecution. He then animadverted on the onnecessaty officious ness of those who would take the trouble of read ing and prosecuting stich trifling publications as these. The Attorney-General hat! described them as pOlitiC3l.s9lllbS. Si.) they were; •they were no thing else but political squibs ; and he denied .there was ally thing hopinua or irreligious in them. The Jury, he said, had nothiog to try but to ascer tain whether he had published them with a wicked intentioo ; they had.nothing to do with the 'ten deoey of the publications. If they thought that lie had no evil intention lit publishing them, their must give him a verdict of acquittal. So far back as the year 1771, it was !he intention of several enlightened persons to bring in a Bill to I.sCertaiit the mode ofprosecuting tot libels. The late "Mr. Burke was one of them, than whom there was no man who more wished to preserve the religion and morals of society. Ou a otteion made by Mr. Dowdeswell for such a bill, Mr. Burke nratte. speech, in which he laid it lown as a constitu tional doctrine, that no man should be tried for it libel except by :Judges who were his equals ; that theysliould not be chosen by the Crown, and that these Judges should only deteranine the intention and ttndency of a work. \lr. Burke also •com plained that the spirit of the Star Chamber had theo migrated to 'Westminster ; and the remedy he proposed was, that J uries should he taken from the mass of the people, and that they should be empowered to eon vict or acquit without being influtnced by the Judge. 'flue Bill of Mr. Dowdeswell was, how ever, then lost ; and the business was sospended until the year 1791, when the late Mr. Fox intro duced and carried the celebrated. Bill for Ascrr taining the . Rights of Juries. This Bill bad at once eolarged and fixed the power of Juries, who are now to determine it the whole tif . the case. lhe charge now agHinsr Ilia) seas an intention to propagate iMpiety Old irreligion ; and if an, hinititud thonsantl of the publications had beet' circidate'd, the intention with %%bid, he published them Was the point the Jury had to try. lie spurned the Charge of impiety,' and he now pro teiwd himself to be a Christian, with every kind of reverence tor the doctrines of Christ. He had beet' vilified all over the country, and called a wretch, who made out a t niserable ekistenee by selling biasphemotis publications . ; but he tithed any titan to stand tip in that Court, and say, .that ~,,, 1 of if c Cll 4,e ,(3 4 ' Pe ( ' r 113,V r ( I, 1.; a 0,- :ow . Mllj