The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-11 00:00:00

DRURY-LANG THEATRE.

Last evening her Royal Highness the Duchess of
KRIM, attended by the Princess FEODOR, honour-
ed this theatre by their presence, when, by ape.
cial desire," as announced in the bills, the Pro-
yoked Husband was performed. Almost all the
comic talent of the company was called forth on
the occasion, which rendered the performance more
than usually effective. The leading character,
Lend remedy, was sustained by Mr. ELLISTOW
with the utmost dignity. The fashionable levities
and returning ►eason of Lady Tamely from the
vortez of dissipation, were ably pourtrayed by
Mrs. Davison ; and Mrs. Weav's representation
of Lady Genre affords another confirmation, that,
however pleasingly she may peilorm in tragedy,
the higher walk of genteel comedy is the depart-
ment io which she is calculated to shine. :NUN..
DEN'S John Moody is a masterpiece.
Her Royal Highness occupied a retired part of
one of the private boxes, and seemed rather desirous
to avoid observation. The house was numerously
and fashionably attended.

LITBRAL TRANSLATION.
New repent* full turpissiow.
" It take* live 'ears to make to attorney."

ligNay Wally', of Danesfort, in the county of
Kilkenny, Esq is about to lead to the Hymeneal
Altar the amiable Lady ELIZLESTH CUM sister
to the late Earl of DEsAIT.

fluxes, the confectioner, in Piccadilly, was
employed all day on Saturday in packing up and
pocking of small parcels of bride cake, to nearly
every part of the United Kingdom, by order of
Lord BELFAST, to commemorate his wedding.

LAST F•IDAY was the Fourth Day of D►awing,
when No. 16 MI, drawn a Prize of TWENTY
TRONSAIID POUNDS, was sold IN Shares by CARROLL, 19,
Quaint!, and 28, Usford.street. This Is a continuation of
that good fortune which has for so many years distinguished
CARROLLS Offices. The above is the only Prise above
2,0001. yet drawn; there are bat two days more, and the
Wheel coalmine 91 Capitals, incleding Two of 20,0001., Two
of 10,0001., Two of 5,000/., ■od 85 others of 2,000/ , I,ooot,
8001., Lc. Sic. NEXT TUESDAY, December 17, is the
Last Day of Drawing but One.
We learn that a true bill has been found, on au
iodic-intent preferred by the Constitutional Society,
for • libel in the Liberal. We scarcely need ob
upon the nauseous hypocrisy of this prosecution,
while the far more irreverend production of Mr.
SOUTHEY stands unmolested. It must occur
to all reflective persons that a formal assumption
of the Judgment-seat of the ALMIGHTY, and
• prostitution of the attributes and behests of
the Deity, in so affected, formal, and serious
approbation, is a thousand times more presump-
tuous and reprehensible than a piece of squib-.
bevy, like the Vision of Lord BYRON, upon that
very gross proceeding. So we are to be stultified,
ad libitum, by hexamete►s, nauseously dealing out
ultra wretchedness and flattery, its the form of Vi-
sions rf Judgment; but any thing which militates
agates* those opinions, and burlesques the execrably
silly manner to which they are conveyed, is to
be prosecuted ! This is the affair of Howe over
again ; and it is hoped that it will meet with the
same fete. In that prosecution parodies were pre-
sented which were perfectly harmless in comparison
with thousands that had been, and might be pub-
lished with impunity by all Boris of people, front the
Prelate to the Curate, the Peer to the Peasant, the
Judge to the Lawyer's Clerk, provided they are
Tories or Subscribers. The signal defeat in that
instance, we trust, will be repeated, for of all met.
lives to prosecution, those are most detestable which
originate in party spirit. and bear on the fare of
them the double character of hypocrisy and partia-
lity. We copy the following excellent remarks on
the same subject from the 7 imes :
We arty be mistaken, but In our opinion Mr. Southey's
Rads* of Judgment is mach more blasphemous than that
of Lord Byron. Tu impale bad passions, hatred, and tow i
malice to the Deity, as Mr. Southey has dune, is, sceor
to the sensible remark of old Plutarch, a more atres
calumny (the literal messing of blasphemy) than Athekil
itself. lard Byron evidently totem:led Duthie% but a pieeat1
of pleasantry; and if his intimate argoai•taece with the
mock•hermc school of Italian poetry has led him, like'
Patch and Ariosto, too near the verge orprofaneness, no
candid man would brand as erro► of taste with the oiliuns
charge of dcsigning to bring the providence of God Into
contempt sod abhorrence. lord Byrom has many offensive
faults to seiner (or; bat be is MN AM enough to be a
hlsertiosser."

Ihey ought In do so without making speeches; he
would toter into uo compromist br Mr. Fell .wes;
when the cute came on on Townley he would do
his duty.
Mr. Hyatt,—" As to what has bees said reistive to the
career—

The Lour, CRANCILLOR..—" It Snakes no matter whether
the caveat in withdrawn or aot, as it is my duty to ronnider
Sind give ®y opittion on •bat has been *trimly laid be-
fore Die."

Mr. HEaLb said, he and Mr. Treslove had determined
that they would withdraw the opposition of the Noble
Countess to the petition ; as to the tareaf, if there was any
thing necessary to be done, they would undertake it tffitifld
be dune. He would now say withdraw, ■ud w►y the.lhe
be asked to repeal it on Thiirtilsy !
The LORD Caslieglia.cm—" Then I will give my judg-
ment on Thursday."
Mr. WeTNSIISILL said it was his intention to be heard us
if the cases* had not been withdtatan, and that he would
ask of his Lordship that the affidavits of Mr. Alike and some
other person. should be hid before his Meiji sty's Attorney-
General, for him to direct proceedings to he taken on them
for the infamous perjuriet they contained ; and. if It was ah-
jected to their being laid before the Album, General, as he
was counsel in the ease, he would ask that they should be
laid before his Majesty's Solicitor-Genres!. that hr might di•
rect a prosecutium for perjury, or order some other course to
he taken. The defence had been conducted in a way to
make it a flagrant injustice to his Lordahip's tither as the
Commissioner of his Majesty. Hie Learned Friend, Mr.
Treslove, had said that the Noble Earl was nut privy to the
adultery. He (Mr. Wetherell) had opened the caoe, that the
state of the Noble Earl's mind did not comprehend what
adultery was, as he, the Earl, the Countess, sad the adul-
terer, were seen in the same hell together. She denied the
adultery, and the affidavit of Alder, the adulterer, denied all
adultery in &pilaw!, England, and every where.
Mr. HORS% said, that hr thought those uloei pa dons cif his
Learned Friend usnecemary, at his Lordship had said he
would give his judgment um Thursday.
Me. i will not be interrupted. I will be
heard."

The LORD CH•IICILLOR--" 1 thick you will be 'stilled
to be heard on Thursday. If this commission should Mime,
it does not say that the. Noble Earl should he treated as •
lunatic. If lamof am opinion that it should not issue, and
you think I have formed • wrong opiniou, thou it will be
your duty to address me, to set my opinion sight. As to the
other requests, Mr. Wetberell, which rim have mentioned, I
do not think it would be right for me to interfere, before the
verdict of a Jury &aired the affidavits to be false: if I did,
it would be prejudging, and sending it to the Jury with am
undue prejudice. I considered it my duty, when Mr. Tres.
love suggested that the affidavits were impertineot, to read
them, for I thought adultery ought not to be mixed up with
insanity, without it bore on it; and I came to the opinion
that it did bear ou it."

Mr. H t.ti said he thought it was bat fair to avow why
they did withdraw their opposition, and in rase of the sug-
gestions of his Learned Frieud (Mr. Wetherell) being followed
up, he would agaiu appear as Counsel for the Noble
Countess.

The LORD CHAWCFLLoR—" I nay s” at the dose of my
life, what I did at the beg:noing of it, never to allow the
character of soy person to be unnecessarily hurt. I have
nothing to do but to give my opinion whether the commis.
stun should issue or not."

Mr. WITIEERELL-•—" 11l the tarsal withdrawn or nut ?"
Mr. HORN E said he had misted that it was.

Mr. W TTTTT au. said, if Ma Learned Friends had come into
Court and said " withdraw," be would ask to be beard. It was
charged that the adultery bad taken place between Alder and
the Countess, and in such a way that no man of sound mind,
being a husband, could be ignorant of; and this had been
called a calumny on the Countess and Mr. Alder. They
had filed a great number of affidavits to repel that charge.
Both the Countess and Alder by their affidavits negatived it :
but it was since established by sixty or seventy affidavits is
Edinburgh, in South End, is Hertfordshire, and in London,
in brothels hired for the purpose.
The LORD CHANORLLOR—" What is the intention of
this?"

Mr. WETHEIIELL said, it was to am that the adultery
bore ots the iusaatty.
The Lotto Comicamoo.-0, I hare decided that it
does."

Mr. WITTIMILLA 111 sm to be beard on Thursday, I
have no wish to be heard mow."

The LORD CRANCELLOR-N TIM will depend on what
may fall from me on Thersday."
Mr. TREILOVE-" My Learned Friend had better get
into Lincoln's lon.lields garden and make his speech ; be
will get a more attentive audience!'

Mr. Wirrnanst.t. said be did not object to the pleasantry
of his Learned Friend; there were, however, 100 affidavits
of the adultery having taken place.
The Loan CHANULLOR.—" You must decide whether
you will be beard now or on Thursday."
Mr. Wenizasix--" As the subject is to be mentioned
on Thursday. 1 will take thi opportunity of saying to those
who cast on Mr. Newts. Fellowes imputations, that they
now stood convicted of calumny."
Further cousideration postponed till Thursday.
DEERE V. WARD.

Mr. HART was heard farther ism reply.—Further beariog
postponed. _ _ _

SATURDAY, DIM'S= 7.
SIR CHARLES LUNG IN THE MATTER OF
IROTHgIi AND LEITH.

This was a petition filed by Sir Charles Lour, as Trea-
surer of Chelsea Hospital, praying to be permitted to prove
debts under the commission of bankrupt against Brothers
and Leith, who had been indebted to soldiers io the army to
the amount of 10.0001. of East India prise-osossey; and
also praying to be pitt in possession of she books of Om
baokrupts in order to establish the debt.
Messrs:Brothers and Leith bad refused payment of prise-
money to several soldiers before their bankruptcy, on the
allegation that they had remitted it to India. One private,
of the name of Thompson, had returned to India to recover
his prize•moory. An 'lairs.' at law had been brought, sad
a verdict recovered by Serjeant Kay, of the 14th regiment.
Upon this verdict Brother. or Leith, thea bankrupt., was
committed to priests.

Mr. CVLLII applied to the Court for the discharge of the
bankrupt.
Mr. H 'sup said, be consented so far an he was concerned,
bet that world not liberate the bankrupt.
The LORD CHARCVLLOM. said, it was quite evident that
if the bankrupts acted as honest upright men would do, mid
shewed bow much prize-money they owed, this person would
be met at liberty.
Mr. CULLEN next made preliminary objections to oho
pet ilia., but--
The LORD CHAN CFLLOR directed Mr. Heald to g on.
Mr. HCA LD pressed strongly the hardship and cruelty of
swindling men who had devoted their lives, their strength,
and their blood is the service of their country, out of the
little prise money which they bad won by their valour; and
contended that the Treasurer or Deputy Treasurer of Chel-
sea Hospital ought to be permitted to prove for them under
the commission. The petition also prayed the appointment
of a Co-trustee with tie. Wyatt, the present Trustee, who
had been the petitioning creditor, and who appeared by
Counsel to oppose this petition.

Messrs. Rouratx and CHINO followed oa the same side
until three o'clock, wheu the Court ruse.

1499.911 T, DLCIM RIR 9.

Mr. Canto proceeded. He explained the object of the
petition, which was designed to secure to the Commissioners
of the Hospital the proper exercise of those powers with
which they were intrusted, for t►e better securing to the
speddry of the prize money and rewards assigned to them
by the Government. He hoped that the importance of thus
powers would be seen when it was considered that the bank-
nipts still rontimed to refuse to account to the Hospital fur
upwards of 10,000/. which would be lost to the scientist to
whom it belonged. As this was a sum rather greater thau
all the debts proved under the Compassion, it naturally gave
'rise to the second object prayed for an the petition; namely,
to set aside the present assignee, - appoint a co-assignee
prite • • than •'

his deputy. on Walter the Commissionen of the Hospitals
the ►urns so drawn sad nut paid to the owners, and that in
the mesa time the rertudleate should he stard, so s► ro
allow the petitioner to adopt the measures rectos's, to that
stink.

Mr. COMM( opposed the petition. There had teen no
imputation from first to last stoat the bankrupts as to Ili
effects of their estate. The Commissioners of nsitkroot boil
given all reasonable time to the Crimmimioners Clielres
Hospital to prove their debt, which the latter lad railed
to do. There could be neither law nor reason in •Ilowio
them linger to detain the bankrupts in prim" tied to bob'
back the certificate, as all the familia law aid the seropu•
loos courier), of the Cunamissioness of Baukrupts, in extend.
lug the time to those of Chelsea Hospital, bad failed to en-
able them to prove their debt. He admitted that the Act un-
der which the petition claimed the tight (53d George Ill.)
vested the property of the prise-money its the 'Awls of the
Commissioners; but that could by no torsos convey the right
of proof to the treasurer ur his di patty. the Act being "holly
attest us that subject. It was a right stitch must lint e
equity or strict law for its basis. nal three was no rteht
in equity, he send not argue; and certainly there war no suet.
power given by the Mime. The Legislature bad a!tw..
been jealous of allowing the right to agents or persons hold-
log the same degree of isterest I. the subject. The Commis-
siemens themselves might have proved, but the Act could cc.
ter have intended that their treasurer should prove fur them,
or his deputy, or a clerk ; else it would have been expressly
enacted, as ti was in the Exciter Bills Login Act in fat our
si of the Commisooei of the Sin tag Fund, who were directly
empoweted to sue and to issue out a commission of bankrupt
in the name of their secretary. There were other provisions of
a similar nature in the rules sad ordinances of law on behalf
of Bishops sad Peers : but they were few is number, sod the
cautious minim of their enactment, or admission is the
practice of she Courts, proved tint the right must be Wei y
clearly established before it could be allowed. Ewe, y facility
had been given to the Commissioners in Chelsea Huspit•l its
the three meetings, and a private meeting had been allowed
besides, solely for the purpose of 'ratting them to prove if
they could ; and after all the Commissionme fur the haul.
ruptcy were of opinion that they could not prove the debt
except in the name of those parties with shorn the law test •
ed the right and interest. As arm, indeed, might lime
power in some eases to prove debts, but the power to ceri4y,
or refuse to certify, was intended only for the paiacipal, and
none but he could be intrusted with the exercise of it.
Mr. MORTADVII followed un the same aide, and was prc-
creche, to &Lew there was nothing on the face of the proceed-
ings to induce the Court to grant the petition, when
The LORD CHAIRCELLOIL said that the order Of the Vice-
Charicellor could nut, or at least should not, have been made,
if it were not clear that the Commissioners of Chelsea Hos-
pital had a right to certify. He wondered that they had not
carried the appeal before his Honour, es It was a very un.
gracious thing to ark him (the Lord Chancellor) to set aside
the proceedings of soother Court. The Respondents should
have appealed to his Ratios, against the order.
Mr. MONTAGUI thought that the retention or liberating
of the bankrupts from imprisonment was a question of sufii-
chest mooseat to excuse the proceedings, supposing that they
had takes as utradvisable course. The power of creditors
was of itself enough capacious aad terrible its its nature
without enlarging it, and by a liberal isterpretatio• of the
statute imparting it to those for whom it was
The conduct of all judges who bad assisted in legislating 0:1
this subject, that Of his Lordship included, sheaved OM a
sense they entertained of the nature and use of that power
of certifying left with the sic tote of the creditor. Lord
Elleoborough had even expressed his regret that corporate
societies should have been indulged with the privilege of
suing debts in the same of their secretary, and be of striv-
ing by a sort of royal road at the event which in his opinion
ought only to have bees sought by the older and •
though perhaps tardier and more costly course of law. But
the Legislature, is leaving the certificate to the twice of
the creditor, had trusted to the cosmos spirit of liberality
and understanding among the people, to rectify the errors of
individual caprice or cruelty. Tbty could have allow-
ed of a power of such restraint and strictness, but for the
confideace which they had in the operatlos of that spirit
moving upon the face of the law. He was proceeding to
stew bow impossible it was for the law to cone, de this
right to parties who had it not established for them either its
law or equity, when
The LORD CHANCILLOR spin recurred to the /Mil:, s
which he had before expressed. If the Chelsea Commissiouers
had no right to prove, why was the order made? He could
not help saying this; at 'lmmune time he was convinced that
he knew mottling of the motives which lectured his Houuur
to grant the order, mid before him they should hare appealed
Wilsey had any objection to it.

Mr. Moirriouit referred to a judgment of bis Lordship%
upon which ao order bad afterwards been 'Deeded, fur pre-
venting the atm ventiren of parties between the bankrupt
and his certificate, on the pretence of new allegations, after
the regular time allowed fur that porpose bad elapsed.
Mr. CHING took an opportunity of observing, in reply to
his Lordship's remarks on the granting of the order, that
they had represented to the Via-Cha•erllor that their peti-
tion was export., upon which they claimed the right of
proof; but as the certificate of the bankrupt was in • state
of forwardness, and actually ley before the Lord Chancellor,
it would pass before they could have an opportunity of hin-
dering it, unless his Honour would allow them to convert
their petition for right of proof, into a petition to stay the
certificate. Hie Honour bad yielded so far to their relsrsartt-
t•tion, without alb sapling to determine the merits.
Mr. PARKER was beard oil behalf of Mr. Wyatt, the
assignee, against any alteration of what had been done
tinder the commission, es no objection wbatrver had breis
taken to his conduct during five meetings which had taken
place.
Mr. HEALD, in his reply, maintained, that the claim of
the Petitioner was fully auctioned by the Act, though his
Learned Friends, In ti-ir appeals to it, bad ueglected
to mention the cleat %bleb contained that @section. He
maintained the necessity under which the other patties lay,
of appealing against the order, if they disputed the right
when the order was served opus them. He insisted that the
legal estate was vested in ths treasurer, who must thereby
lave the power to certify.
The LOAD CHANCULLOR wished to have the proceedings.
of Ilse commission to read over, and recommended the Coot,-
eel to look at the Act for Friendly Societies, which (timid, el
them to sue and be rued, and to take out a commis ito of
baukrupt—a power which was extended to the rase of
money paid over by • triages', to his successor, it ii.ft
letter beanie bankrupt. His Lordship acid that he would
give judgment at the sitting of the Court tomorrow
neormieg.
TVUDAT, Dammam 10.

The Loin CHANCIMLOBL observed, he bed looked into
this short case, as it was deocisniusted by Cosmic!. There
were two consideretioes: tat, Whether the cervficate out ht
to be stayed; td, Whether on the constiection of the Act
of Parliarneet any person could prove the debt fur the low.
pose of sigoiug the certilicate. He confessed he tuts much
sarpriscd that the Commissioners under the commission had
signed the certificate under all the circumstanc.s he found
in the paper, before him. le the pineal case the bankrupt.
were is ed i 0 May,sod as soon as two mouths Molt imbed
the creditors took out a coraniteston of irsokrupliy against
them, which produced a 'internees us the pito of the
beskrepts In which their debts amounted to 14,000/. of
which he (the Lord Chancellor) believed 10,0001. belonged to
the @gaits is Calcutta, who never bad beard of the benk-
ropiry : in fact, it wee soiling bet a whitewash commission.
lu his opinion it was net necessary to sign the petit' ,or to
give notice of the athdavits to be made eve of before
they were filed. Is respect to the persons entitled to
prove fur the purpose of aigniug the ceittficate, it would
sot depend upon one Act of Parltimettt, but upon ar.
veral classics coeteined to six or lyres Acts of
meut, which at present he was ignorant of. If tire
Commissioners were of opinion that for Bankrupts had con.
formed to Me statute after tilting nut tire commission, Biro
they woeld not look at the Bankrupts' persist's, condui I.
Their ditty, however, was nut only to my that fottr•ifthn of
the creditors had 'tried, but that the Bankrupts had meted
op to the steatite, and he was of opinion that lbe Beekrepts
bed Out Ihe ". &fee of • they

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to set aside the present assigner, or to appoint a cu-assnenee bed ..... net ;he wan also of upietion they badout °taste proper
her ! better ecriusiuted with the atfeirs of prise trigersey than the discovery,and the question wss whether tbry ought to heel's.
p t. He humbly Kaput. therefore, tint, the Vessetiff carrel hikreseetiel •Okbe in a hill Iy so raw the certificate,
flu, might be allowed Li prove, either in Ins ow nacre or that of but if turned oat they bed essufusintd to the statute, be
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