The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-04 00:00:00

BIIITISII NAVY.

I From the Philatirlp's;4ilemacraric Press
The object of the mite of Mr. AdiEngton, the British
Charge des Aff:tires. to the Secretary of State, respecting
Signals to Pilots, has hem the tubjete of conjecture with
'natty of our fellow-citizen, aod of emelt um SlllllOl9 to
the Officers of our Navy, who very naturally believe, that
the lit itish Government would mat take the trouble to in-
struct their Representative here on the subject, without a
nive, and that a mighty one, as that Government is
sellout influenced by slight and unimpt.rtant causes. Tu
ascribe to them a friendly motive, utter the experience. we
have had, would he more than folly on our part.
The navy of Go at Britain is her pride, her boast, aril
her protection ; and everything that has a bearing on its
character, or an iiifluence on its aggrandizement. is seised
on by those interested in its exaltation. Writers have been
emplm ell at great expense to bolster up the reputation of the
' British navy, and decry that of otir Republic. The exploits
of our oftieers have been placed by them in the most unfa-
vourable point of view ; they have beet) charged with false-
hoods in the it official statements; and their most Wiling;
success has hem ascribed to an overwhelniing, superiority
of force, and not to superior skill and ceerage. Thee
have been called " Copper Captains," cur ships have in
derision been called " fir frigates," and cur flag " bits of
striped bunting." Everything, in fact, that could be
done to disparage the character of our navy has heeu
attempted in England, and by British officers. They
have asserted a superiority over our marine, and they
have attempted, by every means in their power, to prove
to the world that they are superior in courage, skill, and in-
telligence, to us. All that is wanting now is an acknow-
ledgment on our part of their superiority, and this acknow-
ledgment is called fur by the note of Mr. Addington, whose
(Government, in the abundance of its care and toollottude
for the welfare of our navy, is desirous of establishing 54.-
nals for its preservation, as though we had not forethought
or ability to establish them for ourselves ! But roust we
follow the degrading suggestion—niust we submit to this
dictation? A greater point of arrogance we Lave not met
with, since the refusal of Admiral Halstead to return the
salute of Commotion! Porter, " because it is at variance
with the British naval regulations for any British flag office?
to return the salute of any inferior fereign flag oflit.er with
an equal number of guns!' The force commanded ov
Cointoodoce Porter is three times as grt at as that commanded
by Admiral Ilalstead on the Jamaica station, and the re.
fusel of Admiral Halstead is the grossest insult to our flag.
Where, let it be asked, is the necessity for any new sig-
nals fur Pilots? or what ineotivenierce has ever been
known to result from the use of the Jack ? a signal knowie
from time immemorial to pilots in every part of the world.
Pride, national pride, is working at the rout—the pride of
the British nation will not be satisfied until she takes the
lead of us in naval matters. It is hoped, however, that
our Government will reiwl with proper spirit, this attempt
to encroach on us, and that the pride of our officers will nut
be humbled by a compulsory conformity to signals of Bri-
tish dictation. Let England take care of her navy, we
know how to talc care of our own, and we can fooeive nei-
ther the folly nor the preamuptiun of her Mileious interfee-
once in what belongs exclusively to ourselves.

The .1;:ne of Hull, Captain Maddison, had her bows
stove at Hav:s's Straits this season, with dime fish, anti
would have gone down had it nut been fur the gallant
behaviour of the masters aril cress of the Lady Jane of
Newcastle, Captain Fleming, and of tl.e Resolution of
Peterhead, Captain Phillips, who bore down to the Jane,
which had then ten feet water in her hold, and lent her
sixty men to assist at the pumps. Captain Maddison
afterwards stood across the eountr) in march of a beach to
repair his ship upon ; which icing accomplished well as
the country and lateness of the sozson would permit, the
Jane, as might naturally be• e:zp:eted. did not return home,
but, to the credit of all on board. took the ice again &oar,
and got five more large tish.— We bear it is the intent:on
of Lloyd's to reward the crews of ail the three ship', as a
stimulus to the future example of others, when placed in a
simalar critical situation. _

S. Knot Lets!. Davis—From the Gazeire it appears,
that the pronitmeis of the proposed Docks have given no-
tice of their intention to renew their application to Perlis-
tnent fur a Bill, and of the necessary plans having been
depositill with the Clerks of the Pace at the respective
Quarter Sessions. It is understood, that nu further re-
sistance will be offered to the prosecution of this measure
of great blic utility, the Lonchin pock Company Mt
other of the opponents having determined upon discontinu.
ing their opposition.
The Original Correspondence of Lord Byron, wh:ch was
suppressed by the Court of Chancery at the it:nous:o of his
L.4ciship's Executors when on the eve of publieaticto in the:
summer, is not likely, we are informed, to be totally lost so
the world. The late Mr. Dallas. whose ‘• Recollections'
are drawn as well from a long personal intimacy, as from
the written tnemorials of his late Noble Relative, adotted
a suggsstion of the Lord Chancellor, and embodied the
substance of th. correspondence in the fonn of a narrative,
which embraces a pei its! of his Lordship's carn‘r that is alt-
tretnely interestir.,-. We may venture to anticipate, that
if any antidote can be applied the tn:schicf done by it,-
discreet fri, rids and captious siminics to the reputation of
&pallid genius. it will be found in these It. collections.
Captain Si. Lever, of the 14:11 Light Dragoons, was on
Friday hot complained of to the magistrates at Ester by
the toll-gathcr.ni of the flaldon and Alp:dm/tun gates, for
leasing the said ',Era in his pi • the
without raving the toil. The
considered 'himself as exempt.

on *lir line or march, and be we
authority of Lord Edward Soma

av his opinitin, on hit 4.e visit

be demanded. The Magistratt
the sante grounds as had been
in the e.tse of Major Mills ; the
inflicted. just to cover the costar
was in the rower of tLe defer

;a:: - riarr

'

gig on the itit uf.Oetober.
gallant officer stated that he
, being in full unifrm, aud,
was further born,enlt by the
newt, who had :Imitated it
to Exeter, that nu toll could
tes ftlt bauutl to convict as
adduced a i.ctr we•zks
he turullclt 1.4.1!:dty will ifte
t, v:z. St. iu cad% ease, but it
masa: to tky iip.lll is s

! 7
;

LAW INTRI.I.MENCE.

1. Rate.
Tilt 11W0 TATTIL

,

COURT OF CIIANCERY, IVEnxEsba.T, Nov. 3.

be Lord Chancellor, agreeable to hie intiotioion yesterday. did
t. sit here to-day ; neither did Lord Gifford. u'ito was expected to
rave at u the Chancellor's substitute.

4?OURT OF JUNO'S BENCH, WIDIIIIIDAY, Nov. 3.

.141. CA DIPSZLL, liicite;;;;gOf.tl;t (7ourt on Tuesday. re-
glinted that this case might lie over for a few days, until the Coin.
awn !tergeant. who was engaged specially at the trial on Circuit.
was disengaged from his attendance at die Old Bailey.
The (Seiler JUSTICIL replied, that business should proceed in
its ordinary course ; and he wan the more unwilling to make any
exception to the general rule in the present instance, as he was sure no
client world sustain an injury whose interests were entrusted to the
gentleman whom he then addressed. The Court ordered the case
to come on the following day.
Al r. TA V X TON appeared accordingly, to they cause against a
rule to spew cause why a new trial should not be granted in this
cis.. The trial took place at Gloucester. before Mr. Justice Park,
and involved • question as to the validity of the election of the
defendant to be a Buren* of that town. At the trial • verdict
rAS returned for the Crown. The Conimon Sergeant subsequently
i li:flirt(' a rule to shew cause why a new trial should not be granted.
31r. T 1 contended, that the verdict alienist stand on the two
viateri.l irises of the case, which was tried on a quo warrant,' in.
.einrinoa, to wilco why the Burgesses (one of whom was the de.
iedant) elected on the 17th July, should be ousted. The first
'sterna issue of the trial was, whether the right of election, in
the nernsign of Monmouth, iv such as that claimed and acted upon
in electing the defendant ; and secondly, whether the defendant
was elected according to the usual forms. The ancient usage and
estrum of the borough, its such cases, established that the Town
Connell should in the first instance nominate, and that the Bur-
Reales should afterwards elect. There no previous nomination had
taken place, and on that ground lie submitted, that the election of
the Burgess. without the previous nomination of the Town
Inn:nein sustained the validity of the finding of the Jury on the
tint material issue of the trial. The seemed point for the con- 1
eideration of the Conn was, whether the defendant was
elected according to the usual forms. To act in conformity to the
farms required on such an occasion, it was necessary that the Town.
4 sierk should give In the name of the candidate. and • proclamation
be made, that if any Burgess objected, he should conic forward and
"how cnuse, which clearly implied that a previous nomination hail
taken plate. In this (.154, however. it appeared in evidence, on the
trml, that one Burgess nominated the candidate, that another Bur-
gess seconded the nomination, and the Town-('disk did not at all
tinerfere. Besides, the meeting was partial, and held without due
notice. The Marne ('Jr. Heath) had been elected but a few
seseks before. The defendant was a partisan of his, and m show the
r umbers who usually voted on such occasions, he begged to 'taw
es the Court, that 45 voted for 111 r. Heath, and 42 against him.
the present ease, however, it appeared that only 2b attended, and
ot'esinie all, with the exception of two, were of the patty of the de-
f fwt'ast. Th. se two were, an attorney, wins attended professionally,
a^d a bridle, who was also officially present. The rest attended
on a special summons and by private invitation. It was Quarter-
Isnestons day, and a bell was rung between ten and eleven ; and
it was proved at the trial. that it was generally thought, even by
the person who rang the bell, that he was ringing it, not for the
election of Burgesses, bitt for the Quarter Steen:me. Besides the
inning of the bell there was no proof of notice being given, and it
was impossible that many could hare received eren this notice, us
Site sound of the hell conld not reach them from the distance at
which they lived. fin these grounds, he submitted that by the imme-
t. usage of the borough, and from the want of due notice, the
116 •111)Ulli be t.fUleti.
Mr. I'4l menet e, wha apncesed to eupport the application, lie-
n/netted the absence of the Common Sergeant. There were two
material issues at the trial t first, as to the right of election ; and,
ittondly, as to the mode of election and want of sufficient notice.
The Jury found generally, and the Learned Judge, (Mr. Justice
Park.) who presided, declined, at the request of the Common SET-
g.Tant. to put the question on which of these points their 'ruin t was
grounded. It might hate been, that six thought one way on the
Prat issue. and six annther, and it could not therefore be maintained
that there was that unanimity amongst the Jury which was einem-
nal to a good verdict. As to the previous nomination by the Town
Council, that, he contended, was unnecessary ; the charter, whieh
was granted for the earabliahment of the Corporation of 3loninoti
gave no directions as to where, or when, or as to the mode in which
tne election of Burgesses should take place. In the event of such
emission in the charter, the right invariably remained, and was
rated in the Burgesses at large. Such was the case in the present
i isrance, and from incontrovertible evidence it was proved, that the
I:nrgesties of the Borough of Monmouth were entitled to the ex-
tft4r of that eight. Again. it was said that the candidate
wasn usually proposed by iI:P Town Clerk. The reason was, that the
lawn Clerk was usually • Burgess, but any other Burgess had an
ts :nal right with him to propose whatever candidate he pleased or
nnproved of. These considerations, he submitted, established the
right of the Burgesses at large to the privilege of election. The
e-cond point was the want of due notice ; the usual entice was
g,Ten, the ringing of the bell was the usual mode of convening the
lurgesses ; and that the day was the day of quarter.seasiens, was
rot in his opinion a valid objecsion, as the charter specified co
p irticular day for balding the elation. It should be also borne
in mind that the attorney who attended to oppose the election,
opposed it on the gresind of no right being vested in the Burgesses
at large to elect, and nut on the ground of a want of sufficient
notice.

The Cities• Jurr ice was of opinion, that a new trial should
net be granted in this case. It was n.anifest there was a want of
sufficient node?, and if the Jury gave any other verdict than that
which they did give on that issue, it could have been contrary to
e..denee. In directing that a t.ew trial should not take place, the
court was disposed to leave the question, as to the right of elec-
tion in themanuer contended fir by 31r. CA II PIT LL. untouched.
Cpcm the point, therefore, whether the nomination of the Town
Council was necessary previous to the nomination by the Dur-
'lmes. the Court would pronounce no opinion—would so restrict its
Orcision at if the Jury had been discharged from returning any
verdict upon the question of right. It was to be regretted that the
Lasnied Judge dui not inquire on which issue, or whether on both.
Vie Jury fulled thzir verdict, as thereby Much trouble and expense
w•dAtl have been spared. The iuestion °fright was therefore still
Open for discussion, and with thin qualification the Court directed
tit•• verdict for the Crown to stare!.
Rule refused.