The Sun. — London, England, 1817-06-26 00:00:00

. , t a/Y tot fltr the Harne Department, but hav hi: a d'ifficOlCv to meet, he was of opinion that lie (Lord ;iiainOntit) bad nut taken 'the best moths of meeting tr. L • Sir U. Moiiak cri`ntentled; the Secretary of State had no right to make hie of Mist opinion which he lind &stabled for the'regulotion of his own coil duct; toinfluedce the Maglstrates its the discharge Of their duty,-- He diet not impugn the apiniolis given, but ice was inclined to think Lord Siclntouth had no more right to Use !hens tocontrotil, to (hive, or to lead the Justices of the Peave,ahan he had In use flied' for the same purposes, in order to in• &knee the decisions of the Judges. • Sir t'o contend that no law or triage could contravene the law of the land, and by the law of the land no person could be impri soned but on the verdict of is Jury of his Peets. The law bad been contravened by the ex-officio information of the Attorney-General, but still he Contended, to imprison a man in cases of libel without a ilia', was not acenrding to the English Constitution. When snore serious offences Were ctimmitted, the Magistrates were undoubtedly jus tified in committing .a man charged on oath with murder or other outrage, in order to, hold in safe custody ; but as no man could safely swear what a libel was, they could not be too care ful how they deprived a person of . his liberty who 'had been charged with publishing or circulating »ne. He noticed the case of an individual who had been long imprisoned under the charge of baying published a libel, and who, when tried, had been acquitted by the Jury. He could not help 'also remarking the extraordinary conduct of the Judge, on that Occasion, and the excessive zeal Which he had displayed. He should say more to morrow upon the subject in presenting a petition 4rom that individual, who still remained in eon- Clement, and was punished, without knowing hilether he had committed an offence or not.— Hcrontended that it was not fit for the Exec:ti tbit! Government to give directions to persons, who though their authority flowed from that Govern- Mem, ought to he kept as separate front i as pos., thhie in the exercise of their duties. He complain ed that the Attorney. General should refuse to com umnicate to the House the grounds on which the opinion which he had delivered was founded, lest be should be guilty of a breach of confidence. Ile, complained also of his (the Attorney:General) doahting that the House had the power, if it chose to exert it, of compelling' him to 'prodace those grounds. If it would be a breach of confidence !/‘ the Axorney-General to give the grounds of leis opinion to the House, he bad certainly been ' try unfairly treated by the Secretary of State when lee bad laid that opinion before the Public. The noose would lower its character in the estimation 1 , ,!f th e p u bli c iC i t re j ected the reasona bl e an d tub , herate motion of his Hon. and Learned Ftlell d •, The Saucryrort-GENseal, had' no doubt of tue som" , 0 nebs of the opinion delivered by the Law Ir icerti of the Crown. The main point of the S g estion felted on the soundness of that opinion ; tor it lse could prove that the law, as esplained by ttl:fetiAttiorney and Solicitor-Gen"' "."5 the law 1 1„ 1 1 ii ", the supposed unconstitntionality of Secretary. of State would be entirely removed. lied ; the House never beard of. Proclamations be fog Issl /ed, and of Judges at different Assizes call• the attention of Grand Juries to various °fences is What snore load beau done by the Se. eretat yot-Statt ? Ile b 4 dsbown to nigiutrates what heunderstood to be the law of the land, and directed - their attention to its execution.- It was cocicctled to him that be had the power of committing.for lib e l ; but that nowtr was refused to Justices of il edce; now in the thou of Wilkes it was con tended, that the Secretary of State bad not the Power of commitment, because he was not a Justice of Peace. The argument was therefore how coonpletel turned roma. He then followed the Honourable y and Learned Gentleman through 1115 legal statements. It had been said, that all the powers of Magistrates were derived front the statute of Edw. 111. and from the comndasions un der which they acted ; and that if neither of those gave them the power of commitment , in c as e s of libel, theybad nu right of exercising it. He contend, to l , on the authority of Hawkins, that Justices had etulturity for committing all persons charged with offences not mentioned in their commissions, but the nature of which tended to break'the peace of the King, end of the realm. lie fortified , this tt tititm by the opinion of many distinguished " ?" ( Iges, and lastly of Lord Kenyon , who main 'NA that the Jurisdiction of Magistrates . ex tended over offences which were not particularly thentioned in their Commissions. By this his object was to establish, that 'although .libels were 11 / 4 specified in the Commission of Justices, yet 1 , 1. , ° they had a' tendency to-litid to a breach of the ~P!a e e., they had always been considered to f all within their cognizance...-They were offences' at ce ttimon law, long before the existence of the star Chat»ber. It would belidiculous to give the 1 4 arreeSessions power to rifor libels,andyet de n y 4 gistrates the means of bringing offenders to trial, ate then brought a multiplicity of strong cases and () Pinions to establish the position which he bad ta ken,: and proved, that like common cheat :and Tuer offences not mentioned in the commisaion-of i t'stiees, libels fell under their jurisdiction. As to unprisoning before trial individnals who were after w"flis atquitted, was not, the case in every other " c hi/a:ion', anti however much it might be re gretted that the innocent should be put to "7 inconvenience, yet could his innocence be .111.anifetted without trial, and all the difflesd si," which it occasioned Had his Honour e a d Learned Friend, opposite .(Sir -Samuel t‘ r, :dlY w ) been Attorney.Geueral, would he not ansered G the questions put to him by 0. it e , l , ll " nt 11 What ham then had his Majesty's .41111 eY and SOlicitor-General door, in 'merely performing their duly? They had nut declared! but tt 1 I • that which.they were law,tey had one wand to do. They had given a fair and bones!, OPlnfoh, in which he entirely concurred. (Hear !) ‘ 4l '. C. W. lVi'DlNit took the same view of the Valeat part of the subject as the Honourable. l id Learned Gentleman. He thought that the a gistratett had the right of commitment) and the Secretary of State that - of calling upon the Mo" t strat les to put the law into execution, but wished iris to ; 1 O it in a dif f erent manner, and on his own 113portsIbirts !)1! that Ministers suffered the . 0,113140161)4 rat of the queition to pass without „the feast effort . to justify . themselves. This was another ttraot of ;he intlieettorce with which they , r,egarded whateve : t concerned the Constittstion. Pe conten4eil.,dot 'he had attached no blame to the condor' of his Majesty's legal servants for the opinicti.iyhicti they had given, and he wondered that. biS alga. And Leitued Priem! the Attorney-Gent:Fat should have fhought it necessary to utter into a long . fence of his honour and independence. He held those virtues in his Learned Friend in such esti: 'nation that his.opinion of them was not shaken even by hearing hint defend them so often. lint shoilhl the opinions of an Attorney and Solicitor- General go forth 0 the law of the land, merely because those otbeei were filled by !Mist respect able. men ? He complained that the grounds on which the opinion of the legal servants of the Crown had been fortnad, were refused. Opinions, unless „cases were produced, .were held only as waste paper in Courts of Justice. He did not consider this point, however, as very important ; and although he Should put the question to the House, should not press it to'n division, except on the following Resolution. The motion was that negatived without di- vision. Sir S. ROMILLY then moved a Resolution, re probating the conduct of the Secretary of State, on which the House divided— Ayes Noes _ 147 Majority.against tli Itesulution The Committee nu the thinks Corpus Suspen siou Bill was postponed till this (lily. Adjourned at Llall-past One this morning. TO CORRESPONDENTS.. For J. F.'s Letter, to which we alluded yesterday, and also for a fuller Statement of Mr. ADDINGTON'S Speech in the I-louse of Coannoas un Tuesday night, see our Last Page. THEATRICAL. REGISTER. retforinrd Lest Night. COVENT-GARDEN . .-•Kitig Richard the Third: Duke of Glou cester, Mr. Booth Lady Anne, Miss S. Bodth. After which, The Mayor of Garrittt. NEW TIMATRE RGYM4, ENGLISH Onits-Honse.—Free end Easy: Sir John Freeman, Mr. iVreuch ; Gertrnde, Miss Kelly. After which, My Uncle, and Two Wends. ARRivc ll —l France, 1 ‘Vaterford. DIM-1 Malta, 1 Ham. burgh, 1 Goerusey and Jersey, 1 Dublin, 1 Waterford. PRICE OF STOCKS THIS I)AY A'r CWFLVF O.CLOCK. ....- --.. . /3 per Cent. Red. ..75a11 Bank L. Ann 191 9-16tlis 3 per Cent. Cons.-- shut" India Bonds, .... 925. pr. 4 per Cents ...951 Exch. Bills, 5 per Cent. Navy Ann... shut Cuns. fur July, 7llili HIGH wATER. Al' LONDON !MIDGE To.sionnow. lkhoming, 19 minutes alter IQ, I Ereiling, 4b utitiutes atter 12 THE SUN. SOLEM QUIS DICERE t%LSUM AUPCAT LONDON*, 'IL Y, J UNE. 26, 1 17, Wu received this morning the Paris Papers of Monday last. They ICIT' barren of in. tolligence. Some decorations 'of the Legion of Honour have been bestowed Upon individuals who were active in suppressing the late Riots. The Government of flrtirtemberg, in consequence of j fi the scarcity of provisions, have most absurdly resorted to that highly mischievous measure, a maximum, it appearing by these Journals that a decree. has been issued there, fixing the highest: price IR which grain, &c. shall be sold. Had it not been for the details thus given, we could scarcely have believed in the probability of a Government, at this period, pursuing so utterly mistaken a po. licy.—The following are extracts Palm, JUNE 23.—Yesterday, at St. Cloud, his Majesty, after mass, received the Spanish Am bassador, some of the Ministers, the Marshals, &c. " MADRID JOE 10.—Iteports are more than ever in circulation of an amnesty being intended. " NUREMBERD, 'JUNE 14.—Lord Aberdeen, it is now said, is to be the new Athbassador from England to Vienna. " MADRID, JUNE 11.—The new plan of finance is carrying into effect. CuMmittees, consisting of respectable Ecclesiastics, are to be organized . i n t h e capit a l, and the principal cities of the Kingdom, to regulate the subsidies to be tarnished to the State by the Ministers of Religion. Some Imprudent Monks, who. endeavoured to raise, an outcry against the measures of Government, have been 00 ed." The New York .Idcertiser of the 2Gth May says, " The Navy Agaml iu Washington has advertised for proposals for supplying the machinery for three steam batteries, each to he equal to a 120 horse power to be completed lit one year." The same Paper has the following from Upper Canada:— " KINGSTOH, MAY 9..---The new impost on American manufactures and pioduce.bas expired, but the old duty on suit and 3d, per poun d „ ti tobacco continue. American flour anc: other pro duce are now admissible at Montreal, and Ame rican boats may be bought and kohl here without duty, as American mantitacture." EXTRACT or A LETTER Punt OUR CORRROONDENT AT LIVEEP,OoL, DATED JUNE 24. '' There have been no arrivals in this port from die United Stites stage the . !QUt instant, OB titers~ were t(p.tvattts of 100 stiii,ol Anteri• coo vesse4 itt,tlto Port of, Liverpoll: vessrt- Itttve arrived here from the United States teithit, the short period id 17 (lays, (ruin the wit tit thi: 19th of the preieot month. The Imports clorio ; that ilitridd . anintl . llt co . One b u mired 3114 ,twen y tbotiandbarrels rit,ur, 2160, iLtgs . 1958 quarters ditto, :34. bdrrels ditto, IC . IO tirret, COtop, 259, liugsheacls .'ltabaceu e 3997 IpthOsytireittiiip, 9,19 (lit to Tor, 12iki barrels Allies, bI tags Shteep's , " Floor f considerably loVFer, 735. to 765. per barrel"; Cottons, during the last week, improved, owing to the great demand at market ;,,,Ashes are rather lower, Hod orpentine somewhat higher; Carolina Rice It ts been sold by public sale at 466. 9,!. for goods.", A Spanish brig, prize to the Montezuma pri- Meer, arrived at Ensinada 29th March ; and two other Spanish brigs, which the Montezuma cap• turgid off Cape St. Vincent's in November, ar rived in the River Plate the eud of March. The subject of the Debate last night, in the [louse of Commons, was Lord SIDMOOTit's Circular Letter, which has excited so touch viru lent and senseless clamour on the part of Opposi tion. This subject was introduced by Sir SAMUEL 110 MILLY, in an elaborate Speech, in which the Honour-Able Member attempt dto support his ob jections by legal authorities, but those authorities were effectually refuted by others brought forward •by the ATTORNEY-GENERAL, who fully justified the measure adopted by the Noble Viscount. The arguments of the ATTORNEY-GENERAL were strongly and satisfactorily supported by. the SOLI CIToR-GENERAL, and therefore our Readers might justly charge ris • with the highest' v;t4ri - ty and presumption if we attempted to proceed farther on the subject. IVe rtiti3r, however, observe, that Lord SIDIKOLITH took every possible precau tion before he issued the Letter in questron, by consulting the Law Officers of the Crown, and that he issued it under their full authority. Lord SID tIOTH therefore, though be,may incur the veninn of party, will be esteemed and admired by all loyal and good men, for laving so promptly en deayopred to check the course of TEEAioN and BLAsPIIEMT, which otherwise would have- been ‘. in rapid circulation all over the kingdom. In the course of his bpreCh Sir SAMUEL ItoMILLY stated that Sir HENRY SPELMAN Lad said, " that the ATTORNEY-GENERAL TR* to advocate THE CM:MN as motley its possible." We presnare*to conceive, towever, that the foundation, or, at least, what ought to have been the foundation of the office, was to expound and support Tut 144W'upon Ell occasions, as well as to defend the rigbiS OCTRE CROWN and we may fairly add that, whatever might be the eonduet 'of Attornies-General in Fortner tithes, no such mean subserviency to Tt,B Caowtv• would' be practised or required in the present enlightened period. The high estimation in which the character of the ATrolteY-eratittaal. i's universally and most deservedly held, for know ledge out!-abilities, render all panegyric on him .whollyuoneeessary; but as the 50146-Fon-cute atm. is. new in his office, we may bg allowed to say,,that, in the opinion of both sides of the House,hisSpeech last night was supported by more solid° arguments, and more unaffected eloquence, than have for many years been heard in Parliament: -it was deliver ed with fervour, brit without violence, and with an animation and firmness that could , only result 'iron) conscious . truth and. rectitude. • LEEDS, Jt:NE :N.—Six more Rioters from the neighbourhood of Huddersfield have phased this town to•night, under an escort of cavalry, on their why. fo York Castle. The lower orders are at prescut better employed, and more generally, than for mouth; past. if this employioeut should contiout, and we are blessed with a plcotiful harvest, there can be little doubt but that the great bulk ut the people here will cast off tbelr political mania, even if a Rcformiv Baronet should attempt to shake the constitution by adtoinisterlog Jacobihical hlBßcua Y. THE Dora ot, CLARENCt'S (ht.- !BET BLANE WWI the Doke' of CLARENCE on Ttiestlay with Mir listattY I1mro:40, his Royal Higliness•being so very unweil. that 54 GILIIERT remained with the Royal Doke dnring the vehole of the they, and all night. ills Royal Highness %ye are conconed to say, had bur ;in Op! different night. Sir GILE:ORT, however, came to town yesterday, and, we ate happy to 2nity, report ed Royal Highness to he better in the morn ing. Courier also arrived in the afternoon, with intelligence to the Quietr, the PRINCE Re alm?, and the other branches of the Royal ea• can the state of the Anyal Dttke's health. Yesterday, shout two o'clock, the Princess Auottsta Hrrirrti et tbe Queen's ilttiace frotn.Winti nor, to be present at the Qutuftes draiving-tnom this dal. Soon after, itcrlloyal Iliglintss, ac companied by the Princess Eir,z.otolt, %el)t tr' visit the Pgcheros of GIDUCCIIIILit ) ii(AISe• SHIP NEWS. The Miter, TneAtt.Eti, kuinlcuttt, arrived off Dungeness the 23(1 inDtant ; she left, that place the•I211) February.til.tia the Ist .May : !t. t die apnitc, no the 11th ktiSt„ iit lat. 5. 58. N. 1014. 23., W. a River. Plate pri9itcer, havittg fur his colours a blue and white striped Hag ;- said he was cruising after Spaniards,tivai full of their, anti well.arttie4. ,On the 1: 7th inst. t ilie Nestor spoke the Alheitia, for 111thleirg, the Cape, and Bo m b a y. the Lizard Leaving N . L. by b. 4 ~ 2'.3 leagues. LtVE ,U E ,?4. — LArrived the Butic it, front Buenos- Ayres ; aniled -the alit March : on the. Ist June; in lat. 32. 10, long. 38, IQ. si,oke .a. Hamborgh brig, from the Cape or Good Hope for Hamburg!, 0ut.65 days; she bud been plundered of her provisions by a Portuguese schooner, from Africa, but was afterwards sup. plied by a brig from Liverpool. Dam., Jugs 25.—Came down from the River the Northumbrian, fur Bengal ; Montreal,, for Quebec ; Edward Batton, (or Baltimore; Vigi lant, for Naples; Argo, for Jamaica ; and the Nimrod, for , the South Seats. FALLpIUTII ,Jo tie 23.—Ssiled the Francis Free litiot, packet with a mail fur this Leeward Islatidi: liavetc, JUNE 24.—Sailed yesterday evening.. the Freeling packet, Captain Huang,, with the mail , and passengers tor Waterford,—. Arrived this morning the Auckland, with the laslt mail from Waterford. The Camden Packet wilt . proceed with the neict.mail, upon its arrival here trout London. Renolin the ilantiab, for tile South Seas, and lilt Majesty's sloop of war the Britomart. THE NAVY.--Ity an order frorb the Lords Cormo ruisdioners of the Admiralty, directions have been given from the NAVY BOARD for the building of two brigs,' of 10 guns each, at the New Doclv. yard, Pembroke, and the same number at each of our building yards. FOREIGN INTELLIGENCE; PETERSEII.IRGR, MAY 19. A few days ago, at his seat of Ilachino, near MoscoW, died, at the age of 38, Lieutenant.d o . neral the Prince ALAXANDER SthIERBATOPP, ter of the Horse to his Imperial 11Liesty.—Wit hare •lost in him a.ntan, not more illustrious its his birth, than for the example, in his short bpi brilliant career. ilia youth was devoted to the pursuits which complete the Gentlentan end the Soldier; and the proof Was given in the camiaign .of 1812, His military talents, as Much as his rank, gave him a high command io the armies of our country, and night and day, in every exploit, ht•and his Cossacks were foremost in that ever memorable e xp u tsion of invasion. His life has now paid the penalty of those hard fought He died of a lingering decline, the consequence of his fatigues, and, amiable as he was brave; he carries to his grarc the tears of his country, and the regretSW our beloved Sovereign, who. cOn. tinned tolliot inguish him ssith houourv i Ililitt jost they r e st upon his tomb. LISBON, Jo NI,: 4, 1817. YIIoCE,ANI4TIiIN: Xrtowir r . , with complete certainty the iiiifetter of a ebn 'piracy fornie.4 by several Trairov, who, to this .disgrace of 'the hereditary 19tajty of the Portugoese, ha 4 conteiveil the absurd a nd abonunahre projeet of esAabliablitg u itevoltitiolf ary Government; who sought by themseltes and their ;Mite rents to diffuse among the Publje false pretence, in order to cover the real aim of a plan, which, if it had been realized, would have plunged the kingdom in the het Cure of anifehy, and would have renewed in Portugal the scenes of blood:and desastation with which, in our days, unhappy France was desolated; who ware so blind as to persuade themselves, Watt a people and an arnty who have been, and who always 'wilt be, the most vigilant guardians and defenders of their Sovereign, and their Country, wutild listen to the vile seduc(iun of infamous and contemptible rebels; tioHI being desirous to proceed according to the legal forms vvith all possible promptitude, to arrive at the knowledge elf those who were guilty of this horrible and stborninahlt in, order that the'culpuble may be minished with all the ri gour of the law, and the intiocOnt declared such; 'nil the King, our master, ordains, that as soon as the iticluirici winch are taking place ore terminated, the protetti shall be drawn up and prepared; and sentence passedaestailing to the law of the Tribtexal de la Relati , 4l,l4 the confidential stodge and his coadjutors. HIS Majesty likewise °Halite, that Dr.. Antonio Gomez Itibeiro, a Member of , his Council, shall stn- perititend the execution of this Ordinance en his part. [Signed by the Governors Of the Kingdtus,) By advites reccit'ed from St. Patershurgh, we learn that another Ukase baa bet n issued espetrtin7, the public deht,py which tbe Commissioners of the Sinking Fund, with a view to the resluetiou of tit* outstanding paper, are atithdtked to rteeive soh scriptions of not less than 100 mollies 'either 1 rndS natives o 1 foreigners. The sobsetibeta are tO'bi entitled to a bonus of 20 Vier cent, tO he Etal►lenl t* .the sums subscribed, and to retell* upoti the whole. capital thus created, ti per cent. per Yeiterday morning the Duke of ChtsocitTaa went to vita cite inetss CHAAL.oTTifiatlll reince tAtorill.D ot Canielturd-boast'. - Snon after ihred o'clock the Princess and Vance went in thole car riage to Carlton-house, where they remained tilt five with the PONCE rtstatiT. Vront CarltOn house her Royal Highness and his St teoe Higli. nets proceeded to York-hdtpti., oti a visit to the Duehess The rrince3s and Prince teen-duet! there about -pity clad tiled tettitneti to Cktnet4 ford-house U' tiiiintr. CA'ROLS OP' gEASIIN, &-= e,-Ort Mut & A lmes. Prcinei.s . 'Word, unit Scrythei Mires,' who were - brought to Lototott by a Ritig's Messenger Hod tt4o Bow.afreet °Meets., frosty Nottingham, on chargei of tre.,:sonable prittnieea, underwent art elta;njoatioo before Lord :44DgatiTtt, Lord CAs4 TrAIIEAON, the Law Officers, Sir N, CON ANT , &c. et the -Office of the See',letaty ?sf State for- the Rothe Thyarttnent.--They were. conituitted for ta further intestiization. Wednesday (l ilt). the fottntlatinfl stone of new hi icicle acroas the I"yne, liaddlestort,- was 'Hid by thetllty,t N , ible the ftlatqufs of 'ftveso4, pvt,t4, Depute Gi'atiti Master too Saalatott; Tho, b re ak - en cat t.ltc flatitlittg3oll St.3ohtl'a Lodge walked in procession, attended by a depoi rt .. , tion frointheafundLndge,andalsoThe Otlict.beartre and 3 nutufsFr of the brethren of the Dort tit 'tee tie tavige. 'After procession the brethren , and. a !mother of Gentlemen - dined at the Astetably itooat3, 3nd in the evening therlywat a display of fire-works. - '